This article appeared as “Admission Season Review” in the Spring 2022 issue of Independent School.Megan Mann, NAIS legal counsel, hears from NAIS member schools across the country on a daily basis. Here’s what’s on members’ minds now, what schools need to know, and the questions they need to consider
As admission season winds down, it’s time to reflect on what went well and what could use attention next year. To highlight the work independent schools should be doing, I spoke with Sarah Fay of the law firm Schwartz Hannum. She offered the following recommendations.
Conduct an annual review. Fay says some schools ask too little, while others ask for far more information than they need. What information do schools want from an applicant, and what questions can they legally ask? “It’s about determining whether an applicant is qualified,” she says, so it’s helpful to keep this goal in mind and to remember that documentation can also be a shield against legal claims from unqualified applicants. Many schools also are rethinking what, why, and how they ask certain questions. For example, several schools have reconsidered whether or how to ask about legacy, past discipline, and gender.
Schools should partner with experienced counsel to help them align their practices with their mission, admission goals, and the law. A review can help improve the document beyond the questions. For example, many schools transplant the equal employment opportunity statements they must use when hiring onto their admission applications as opposed to their nondiscrimination statements; having the correct statement is a compliance obligation, Fay explains. Further, schools may want to include honesty affirmations or permissions to contact other schools.
Develop a plan. Many schools don’t have a policy to review admission holistically, one that outlines staff roles in the process, and they often don’t educate employees on what they can or cannot ask applicants. “Admissions has tentacles throughout the school and is one of the most outward-facing departments,” Fay explains, so implementing policies and educating personnel is key to success and managing liability.
Evaluate the scope of financial aid. Fay is seeing schools “broadening the scope of financial aid to include things like petty cash for weekend outings, prom attire, or other things that will allow students to experience the school fully.” As there are not many limits on this, Fay recommends looking back at financial aid policies each year and assessing what structure should be in place moving forward.
Don’t wait. Similar to other risk management assessments, this work is ongoing and cyclical. Fay encourages schools to start as early as April (and no later than August) by reviewing all documents and related admission statements or materials (e.g., website statements) for consistency, accuracy, and legal compliance.
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