Hearing Date: No hearing scheduled

Location: <<CourtRoomNumber>>
Judge: Calendar, H
FILED
3/15/2024 11:06 AM
IRIS Y. MARTINEZ
CIRCUIT CLERK
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COOK COUNTY, IL
COUNTY DEPARTMENT, LAW DIVISION
FILED DATE: 3/15/2024 11:06 AM 2022L003763

2022L003763
Calendar, H
ROBERT BRONSTEIN, individually, and as ) 26839237
Independent Administrator of the Estate of Nathan )
Bronstein, a minor; Deceased; ) Case No. 2022 L 003763
ROSELLENE BRONSTEIN, )
individually, and as Next Friend of M.B. and S.B., ) Hon. Scott D. McKenna
minors, )
) Calendar H
Plaintiffs, )
vs. ) JURY DEMAND
)
LATIN SCHOOL OF CHICAGO, an Illinois )
not-for-profit corporation, et al., )
)
Defendants. )

PLAINTIFFS’ CORRECTED OPPOSITION TO DEFENDANT DAVID KOO’S

SECTION 2-619.1 MOTION TO DISMISS COUNTS VI AND VIII
OF PLAINTIFFS’ THIRD AMENDED COMPLAINT

Defendant David Koo spent more than a decade on the Board of Trustees (the “Board”) at

the Latin School of Chicago (“Latin”), serving as the Board Chair for his last two years. Koo was

Board Chair for the 2021-2022 school year when Nate Bronstein: (i) attended the school,

(ii) reported to school personnel about cyberbullying by Latin students, including members of the

JV basketball team on which Koo’s son also played,1 (iii) shared that he was in distress with

emotional and psychological injury, (iv) was turned away and victim-blamed, and (v) shortly

thereafter died by suicide.2 Koo came to learn about these terrible events no later than three days

following Nate’s death, i.e., January 15-16, 2022.

1
There is no allegation in the Third Amended Complaint (“TAC”) that Koo’s son engaged in cyberbullying
of Nate. However, the fact that Koo’s son was a teammate of and bystander to the many of the students
who did bully Nate is highly relevant to the claims against Koo as it contributes to his conflict of interest.
2
To avoid duplication, Plaintiffs incorporate by reference herein the following sections of “Plaintiffs’
Omnibus Opposition to Motions Dismiss the Third Amended Complaint” (“Omnibus Opp.”) responding to
the motions to dismiss filed by the eight other defendants in this case: Background, Legal Standard,
 At that moment in time, Chairman Koo had no proper option but to direct Latin to comply

with the law, including Illinois’ Bullying Prevention Act (the “Act”), which mandates
FILED DATE: 3/15/2024 11:06 AM 2022L003763

investigation into reported bullying and informing parents of the investigation, and to conduct a

separate investigation into the conduct of Latin employees, including Head of School Randall

Dunn, who had blatantly violated the Act and their duties to inform Nate’s parents, Plaintiffs

Robert and Rosellene Bronstein, of the cyberbullying and Nate’s reported injury.

Koo not only failed to take these steps but instead, in the interest of protecting Latin’s

reputation above all else and serving the conflicting interest of individual wrongdoers, Koo

adopted and directed a strategy calculated to protect certain individuals’ self-interests (including

his own) without regard for Latin’s institutional duties and obligations.3 This strategy included

efforts to conceal the truth from the Bronsteins while simultaneously having Dunn present a false

narrative about Latin’s conduct and to blame the grieving parents. Koo’s conduct is alleged to be

extreme and outrageous and known to Koo to have a high probability of causing severe emotional

distress to the Bronsteins. Further, Plaintiffs allege that Koo’s conduct did, in fact, cause both

Mr. and Mrs. Bronstein extreme emotional distress, supporting the Bronsteins’ claim against Koo

for Intentional Infliction of Emotional Distress (“IIED”). (TAC, Count VI.)

Separately, Koo’s failures are not limited to his direct conduct following Nate’s death, but

also include his contribution—including by his failure to act in the best institutional interests of

the school—to Latin’s unfair practices impacting the Bronsteins when Nate was a student as well

as following his death, for which the Bronsteins seek recovery for unfair practices under Illinois’

Argument—Section VIII (ICFA-Unfair Practices), Section IX (IIED-Survival Claim (legal standards only))
and Section X (IIED-All Defendants). (Omnibus Opp. at 2-14, 93-96, 101-07.)
3
The individual self-interests include those Latin agents who failed Nate (Dunn and other named defendants
here) and the students who cyberbullied Nate (who were teammates of Koo’s son).

2
 Consumer Fraud and Deceptive Business Practices Act (the “ICFA”) as it applies to private

schools. (TAC, Count VIII.)

FILED DATE: 3/15/2024 11:06 AM 2022L003763

Koo argues in his motion to dismiss that these claims are subject to Section 2-615 dismissal

for pleading deficiencies. To the contrary, the Bronsteins plead myriad facts in more than sufficient

substance and detail that demonstrate the culture, practices, failures and legal non-compliance at

Latin, what Koo knew (and should have known based on his position on the Board), and Koo’s

failures of duty following Nate’s death, all of which caused harm to the Bronsteins.4

Koo also argues speciously that his tortious conduct is protected by the litigation privilege.

In effect, Koo argues that if he engages in wrongdoing himself in order to orchestrate a cover-up

and makes misrepresentations to third parties about the Latin’s wrongdoing—knowing that his

conduct has a high probability of causing harm to another—he acts with impunity so long as the

matter may later become the subject of litigation. Koo thus posits groundlessly that even the

possibility of subsequent litigation privileges a person to engage in unrestricted tortious and

wrongful conduct toward a future party litigant.

Lastly, for his Section 2-619 motion, Koo argues that he is immune from liability under

§108.70 of the Illinois General Not for Profit Corporations Act of 1986, 805 ILCS 105/101.01, et

seq. (the “NPC Act”). That section, however, expressly excludes willful and wanton conduct from

the scope of its immunity; the Bronsteins have alleged willful and wanton conduct by Koo here.

Accordingly, this Court should deny the entirety of Koo’s section 2-619.1 motion.

4
While the allegations pled in the TAC more than adequately state claims against Koo, this is the first
complaint in this action to be addressed by the Court and leave to amend any claim deemed deficient by
the Court should be allowed here. See, e.g., Davis v. Village of Maywood, 2023 IL App (1st) 211373, ¶ 8,
13, 45 (error in refusing leave to amend on first allegations reviewed by court).

3
 BACKGROUND5

Koo served as a trustee on the Board of Trustees of Latin from July 1, 2009 to June 30,
FILED DATE: 3/15/2024 11:06 AM 2022L003763

2022, with only a one-year pause in 2018-2019. (TAC, ¶ 73; Koo Mot., Ex. A at ¶ 3.) Koo served

as the Chair of the Board (“Board Chair”) from July 1, 2020 to June 30, 2022, which was before

and during Nate’s attendance at Latin through six months following Nate’s death. (Id.)

Koo’s Conflict of Interest as Board Chair

Koo had a conflict of interest in his role as Board Chair because he had a child enrolled at

the school while serving as Chair. (Id. ¶¶ 73-76.) Koo’s son was a member of the same JV

basketball team with Nate, and Koo’s son was part of the Hoop Dreams group chats used by the

team and used by some team members to cyberbully Nate. (Id. ¶¶ 73, 431.)

The National Association of Independent Schools (“NAIS”) expressly recommends against

putting the parent of a current student in the Board Chair position:

‘[B]oards should appoint chairs who do not have children who are currently
enrolled in the school’ so that the Board ‘[c]hair[] can lead and make decisions
without raising questions about possible conflicts that might affect their own
children’ and so that ‘[t]here will never be any question ... about the chair’s ability
to make decisions that are free from the impact on the chair’s children.’ Id.

(Id. ¶ 75 (quoting The Board Chair Handbook, an essential Guide for Board Leaders at

Independent Schools, NAIS Trustee Series, John Creeden, 2019 by the NAIS, at 59).)

Koo’s Duties as Trustee and Board Chair

As a Trustee and Board Chair, Koo’s duties included, inter alia:

 To stay “fully informed about current operations and issues” at Latin;

 To “take[] care to separate the interests of the school from the specific needs of a
particular child or constituency,” which would include, parents (of which Koo was

5
The TAC is too voluminous to summarize fully herein. However, Plaintiffs incorporate the Background
section from the Omnibus Opposition, see n. 2, and set out a general background addressing Koo
specifically.

4
 one), his child, his child’s teammates, other parents, school employees and school
administrators;
FILED DATE: 3/15/2024 11:06 AM 2022L003763

 To “guard against conflicts of interest” and maintain a “conflict of interest policy”;

 To “assure that the school and the board operate in compliance with applicable laws
and regulations, minimizing exposure to legal action”;

 To “engage[] proactively with the head of school in cultivating and maintaining

good relations with school constituents as well as the broader community and [to]
exhibit[] best practices relevant to equity and justice”;

 To “conduct[] annual written evaluations for the … head of school”; and

 To (as Board Chair) oversee hiring and termination of the Head of School.

(TAC, ¶¶ 6-7, 74-75, 83 and n. 15; Exhibit 1 (NAIS Principles of Good Practice, Board of Trustees)

at 5-6, 18-20, 23.)6

Koo Knew of Randall Dunn’s Failures of Leadership as Latin’s Head of School

During most of Koo’s tenure as a Trustee, Randall Dunn was the Head of School at Latin.

(TAC, ¶¶ 6-7, 73; Koo Mot., Ex. A at ¶ 3.) In his position as a long-time Latin Trustee and

eventually Board Chair, Koo knew of Dunn’s failures of leadership no later than the 2016-2017,

school year, specifically including Dunn’s failure to address and ensure mental health and

emotional safety for the students of the school. (Id. ¶¶ 21-70, 76-78, 80, and Ex. B.) Koo knew of

Dunn’s “no parents” practices, his creation of a chaotic environment, his contribution to, and

enablement of, a bullying culture at Latin, and his actions in firing the Head of the Upper School

following her reported concerns to Dunn about his handling of student safety, including with

respect to their mental health and emotional wellness. (Id.) Koo was on notice to remove Dunn as

6
The NAIS Principles of Good Practice are referenced in the TAC at ¶ 83, n.15 and found at
https://www.nais.org/learn/principles-of-good-practice/board-of-trustees/ and the pdf provided, which is
attached hereto as Exhibit 1. See Leach v. Dep’t of Empl. Sec., 2020 IL App (1st) 190299, ¶ 44 (“Information
on websites and in public records are sufficiently reliable such that judicial notice may be taken.”); K. Miller
Constr. Co., Inc. v. McGinnis, 238 Ill. 2d 284, 291 (2010) (judicial notice on motion to dismiss).

5
 the Head of School based on everything Koo knew about Dunn’s failures of leadership at Latin.

(Id. ¶¶ 79-80.)
FILED DATE: 3/15/2024 11:06 AM 2022L003763

Koo took no action to remove, or attempt to remove, Dunn as Head of School; Dunn instead

remained in the position during the 2021-2022 school year. (Id. ¶¶ 7, 79-80.)

Koo Knew of Latin’s Non-Compliance with the Bullying Prevention Act

Illinois’ Bullying Prevention Act (the “Act”) mandates that, as part of the effort to prevent

and mitigate “physical, psychological, and emotional harm to students” caused by bullying, all

school “shall create, maintain, and implement a policy on bullying,” and further that schools must,

upon receiving an allegation of bullying, (a) promptly inform parents and guardians of all students

involved, and (b) conduct an investigation and keep parents informed of the investigation. 105

ILCS5/27-23.7(a)-(b) (policy mandates (4)-(5)). (See also TAC, ¶ 587.)

During the 2021-2022 school year, Latin was not in compliance with the Act. (TAC, ¶¶ 84,

588-623.) Dunn knew that Latin was not in compliance by September 2021 when the Illinois State

Board of Education (the “ISBE”) notified Latin (through Dunn) that it did not have a compliant

bullying prevention policy. (Id.) Dunn, through his assistant, communicated with the ISBE and

generally delayed efforts to get a compliant bullying policy in place, including resisting inclusion

of the parental notice provisions as required. (Id.) Latin did not adopt a compliant bullying

prevention policy until May 2022 and, even then, it did so only for a short time—enough to get an

approval from the ISBE before it returned to a non-compliant policy. (Id. ¶¶ 624, 628-31.)

Given his position as Board Chair, Koo knew or should have known that during the 2021-

2022 school year, Latin was not in compliance with the Act. (Id. ¶ 84.) As Board Chair, Koo either

directed, endorsed, or tacitly approved that Latin remain non-compliant with the Act for an entire

school year. (Id. ¶¶ 84, 588-623.) This is evidenced by Koo rubber-stamping yet another non-

6
 compliant bullying prevention policy on February 26, 2022, without inclusion of a strong and clear

parental notice mandate because even after Nate’s death, Koo—in the power and position of Board
FILED DATE: 3/15/2024 11:06 AM 2022L003763

Chair—was not concerned about student safety, but only practice that give space to protect Latin’s

“reputation.” (Id. ¶¶ 84-89.)

Koo Learned That Nate Reported Cyberbullying and That Latin Failed to Respond as
Mandated by the Act No Later Than the Weekend Following Nate’s Death

Nate died on January 13, 2022. (TAC, ¶¶ 406, 411.) By January 14, 2022, Latin

administrators were learning of Nate’s death. (Id. ¶¶ 412-414.) At a meeting on January 15, 2022,

Latin’s communications director, Katie O’Dea, who was also a member of its crisis response team,

inquired whether Nate had been bullied and, upon learning he was, asked why his parents were

not informed of the bullying. (Id. ¶¶ 424-426.)

That weekend, members of Latin’s crisis response team—including Dunn and Kristine Von

Ogden, who both knew about the bullying and the decision not to inform the Bronsteins before

Nate’s death,7—communicated about the response to Nate’s death, but excluded O’Dea from

further communications that weekend. (Id. ¶ 431; see also id. ¶¶ 418-20, 424-27 (Latin did not

follow its normal crisis response protocol).) Board Chair Koo, however, was personally involved

in these communications. (Id. ¶¶ 431-32, 502.) Indeed, weeks later when Mr. Bronstein questioned

Dunn about who on the Board had advised Dunn on the handling of matters related to Nate’s

death, Dunn said only Board Chair Koo. (Id. ¶ at 502.)

While Koo may have known about the cyberbullying prior to Nate’s death, it is alleged that

he definitively knew about the cyberbullying and Latin’s failed response to it no later than the

weekend following Nate’s death. (Id.) It is also alleged that Koo actively participated with Dunn

7
See Omnibus Opposition, Background, incorporated herein by reference at n.2.

7
 in creating and confirming a cover-up plan to protect Latin’s reputation above all else. (Id. ¶¶ 81,

431-32, 502, 531, 728-30, 756.)

FILED DATE: 3/15/2024 11:06 AM 2022L003763

Board Chair Koo made the decision to cover for Dunn and other wrongdoers (Von Ogden,

Bridget Hennessy, Anneliese Kranz, Jane Knoche) involved with the decision not to notify the

Bronsteins of the Nate’s cyberbullying report and injury before Nate’s suicide by (a) not

conducting the required investigations under the Act and best practices, see infra, and (b) allowing

the initial wrongdoers and Shelley Greenwood to manage the situation instead, wherein they—

with Koo’s approval—ignored reports and information coming in from parents and students about

Nate, withheld information from the Bronsteins (both before and after they learned about the

cyberbullying), sent the Latin community misleading communications, encouraged the Latin

community not to speak to the Bronsteins, and spread a grassroots message meant to influence

public opinion about the Bronteins as “at fault” and not as another victim of the Latin experience.8

(Id. ¶¶ 480-81 (agreement), 445-449 (disregard of parent and son providing evidence of

cyberbullying), 450-65 (report of KYS message), 466-79, 486-547 (Dunn’s blame the Bronsteins’

e-mail, communications with Bronsteins), 550, 756 (misleading messaging).)

Koo also himself participated in the misleading messaging both to the Bronsteins and third

parties. (Id. ¶¶ 466-472, 550, 756.) As one example, Rob Bronstein contacted Koo on January 20,

2022, regarding a cryptic that Dunn sent to all Upper School Families, without consulting the

Bronsteins. (Id. ¶¶ 466-468.) At that time, Koo knew about the cyberbullying of Nate and the Latin

Defendants’ failures to Nate, but pitilessly mentioned nothing to Rob Bronstein. (Id. ¶¶ 466-472.)

Another example involving a third party involves Koo’s communications with Rye

Country Day School’s (“RCDS”) Board, where Dunn had already planned to transfer upon

8
That experience, also known to Koo, are amply described in the publicly posted Survivors of Latin
testimonies. (TAC, Ex. B.)

8
 completion of the 2021-2022 school year. (Id. ¶¶ 7, 559-62.) In February 2022, members of the

RCDS Board communicated with Koo regarding Dunn’s conduct after the RCDS Board received
FILED DATE: 3/15/2024 11:06 AM 2022L003763

an email from a former Latin faculty member. (Id. ¶ 560-61.) In response, Koo maligned the

reporting former faculty member and the Bronsteins, claiming they are difficult or crazy and that

Nate was at fault, and that no one at Latin had done anything wrong. (Id. ¶ 562-66.)

Koo Overly Valued and Prioritized Latin’s Reputation

At Latin, image and reputation are the first and highest priorities. (Id. ¶¶ 16-21, 38-43.)

When these priorities conflict with student well-being and protection or even following the law,

Latin puts image and reputation first. (Id. ¶ 20; see also id. ¶¶ 21, 27-55, 38-43, 588-623, Ex. B;

Omnibus Opp. at 2-12.) Koo, having spent more than a decade on Latin’s Board and having served

as Board Chair, necessarily knew of, and supported, this skewed priority. (E.g., TAC, ¶ 81.) That

imbalance was evident to Koo from the culture, practices and stated experiences of students

attending Latinand Koo’s extensive dealings with Dunn. (E.g., Id. ¶¶ 22--82.)

Koo’s actions toward the Bronsteins would have been entirely different if he were doing

anything other than protecting Latin’s reputation by concealing the wrongdoing of its agents. (E.g.,

id. ¶¶ 88-90.) To start, Koo would not have engaged in communications with third parties,

including RCDS, meant to give a false or misleading impression about the circumstances and/or

to promote Latin’s disparaging messages about Mrs. Bronstein and Nate. (Id. ¶¶ 550, 559-62, 756.)

Further, Koo would have taken action to ensure Latin’s immediate compliance with the Act by

insisting on the adoption of a compliant bullying prevention policy and by conducting the

investigation into Nate’s bullying report as well as the “kill yourself” (KYS) report made by a

student after Nate’s death. (Id. ¶¶ 445-449 (disregard of parent and son providing evidence of

9
 cyberbullying), 450-65 (report of KYS message), 588-623 (failure to have compliant bullying

policy for entire 2021-2022 school year).)

FILED DATE: 3/15/2024 11:06 AM 2022L003763

Koo also would have taken action to ensure Latin investigated the conduct of its agents—

Dunn, Von Ogden, Hennessy, Kranz and Knoche—and their conduct in this matter. (Id. ¶¶ 88-89.)

The NAIS advises that the Board of a school hire an independent third party to conduct

investigations into issues of child safety and well-being, and to not rely on employees and officers

because of the inherent conflict of interest of employees. (Id. ¶ 88.) Specifically, the NAIS explains

that a trustee may:

rely on the advice and opinions of an employee or officer of the corporation if the
trustee believes that person to be reliable and competent. However, greater care
should be exercised with respect to the latter because of the inherent self-
interest of management and other compensated employees. This is one of the
areas where the Penn State report would suggest that school boards balance the
gravity of their responsibility to a vulnerable community with the board’s trust and
delegation of authority to management. Where issues of child safety and well-
being are concerned, boards must remain aware of the risks and strengths of
a school’s programs and stay well-informed about any issues that arise in this
area. Indeed, the ongoing reporting of past abuse cases independent schools has
caused many schools to hire third-party investigators to ensure that investigations
and follow-up steps are not tainted by internal conflicts of interest.”

(Id. citing Trustee’s Guide to Fiduciary Responsibilities at 11-12 (emphasis added).) Koo ignored

this directive recklessly and intentionally because he had already made the decision and/or it was

ingrained as his practice, to ignore, overlook, allow, and conceal the wrongdoing of Dunn and

others acting at Dunn’s direction. (Id. ¶ ¶ 78-81.)

ARGUMENT

I. THE BRONSTEINS SET OUT SIGNIFICANT FACT ALLEGATIONS AND IF

STATED UPON INFORMATION AND BELIEF, THE INFORMATION IS SET
OUT IN THOSE FACT ALLEGATIONS.

Koo argues there is no claim stated against him because certain allegations in the TAC are

made on information and belief. (Koo Mot. at 6-7.) Allegations can, however, be stated on

10
 information and belief, particularly when “certain relevant facts of a cause of action will not be

known to the plaintiff” who is then “forced to present allegations that are based on information and
FILED DATE: 3/15/2024 11:06 AM 2022L003763

belief, particularly when the necessary facts are within the defendant’s sole knowledge.” In re

Reicher, 2021 IL App (2d) 200454, ¶ 42. This is certainly the case here where so much information

is known to the Defendants, who have engaged in a concerted effort to withhold anything and

everything they possibly can from the Bronsteins even when they had a duty to provide the

information. “In such circumstances, a complaint which is as complete as the nature of the case

allows is sufficient.” Id. (internal citations and quotations omitted). Further, all of the “belief”

allegations are based on facts otherwise alleged in the more than 600 paragraphs of fact allegations

in the TAC. (See Omnibus Opp. at 13-14 and Ex. A (tracing information and belief allegations to

other allegations in TAC).) Under Illinois law, this is enough.9

II. THE BRONSTEINS STATE AN IIED CLAIM AGAINST KOO (COUNT VI).

The Bronsteins incorporate by reference the legal standards and arguments set out in the

Omnibus Opposition regarding Count VI for IIED pled against Koo and other defendants.

(Omnibus Opp. at 95-96, 101-07; TAC ¶¶ 716-734.) Otherwise, the Bronsteins ask this Court to

consider the additional facts specific to Koo, which are set forth above. (See Background, supra.)

These allegations support that Board Chair Koo engaged in a concerted and purposeful effort to

avoid his duties to Latin as an institution—which had he complied, would have benefitted rather

than harmed the Bronsteins—in order to protect the “reputation” of Latin, which is nothing more

than protecting specific constituencies who are themselves wrongdoers, including the student

cyberbullies and the individual Latin Defendants who had engaged in tortious and wrongful

9
Regardless, should this Court determine more is required, it is appropriate only to allow amendment,
particularly here when this is the first testing of a pleading by the Court. E.g., Golly v. Eastman (In re Estate
of DiMatteo), 2013 IL App (1st) 122948, ¶ 84.

11
 conduct toward Nate. (Id.) Aiding and abetting the wrongdoers is not a legitimate objective for a

trustee. (Ex. 1 at 23 (point 5).)

FILED DATE: 3/15/2024 11:06 AM 2022L003763

Board Chair Koo also engaged in intentional conduct aimed to promote a false and

misleading message to third parties about the Bronsteins and Nate to further cover up the

wrongdoing of Latin agents and to negatively influence public opinion about the Bronteins by

presenting them as “at fault” when they have been victims of Latin’s agents. (See Background,

supra.) All of Koo’s conduct here—particularly in light of (a) Koo’s position of power over the

Bronsteins (especially with respect to (with)holding information and conducting an investigation),

and (b) how susceptible the Bronsteins were (and still are) to emotional distress given that their

son died by suicide and they found out after the fact that he was cyberbullied by Latin students,

reported it to the school and the school denied the cyberbullying and victim blamed Nate—is

sufficiently pled to be extreme and outrageous. See, e.g., Doe v. Calumet City, 161 Ill. 2d 374, 392

(1994); Kolegas v. Heftel Broadcasting Corp., 154 Ill. 2d 1, 20-21 (1992); Graham v.

Commonwealth Edison Co., 318 Ill. App. 3d 736, 745 (1st Dist. 2000); see also Kornick v.

Goodman, 2023 IL App (2d) 220197, ¶ 13.10

10
Koo’s cited authorities (Koo Mot. at 9-10) are factually distinguishable: e.g., Kahn v. American Airlines,
266 Ill. App. 23d 726 (1st Dist. 1994) (allegations involving an airline security operation where the
passenger was sold a stolen ticket and arrested, but prosecution was later dropped, but not due to a finding
of innocence); Public Finance Corp. v. Davis, 66 Il. 2d 85 (1976) (allegations of creditor repeatedly
contacting debtor); Tabora v. Gottlieb Mem. Hosp., 279 Ill. App. 3d 108 (1st Dist. 1996) (allegations of
hospital giving anesthesiologist false performance reviews and revoking privileges). Koo claims his
conduct was passive (when it was not), citing Adams v. Sussman & Hertzberg, Ltd., 292 Ill. App. 3d 30, 40
(1st Dist. 1997) (Koo Mot. at 8, 9), but that case does not hold that “passive conduct” cannot support an
IIED claim, but only used passive to reference to failing to notify a prosecutor of newly discovered evidence.
Koo also claims that he did not want the Bronsteins to find out about his concealment (Koo Mot. at 11),
which is warped and improperly attempts to contradict the factual allegations of the TAC through argument.
Koo cites Cangemi v. Advocate South Suburban Hosp., 364 Ill. App. 3d 446, 470 (1st Dist. 2006), but that
case involved comment about the size of the baby’s head being the reason for caesarean section when it
was actually fetal distress, which the mother learned 20 years later when her child was preparing for college.
Finally, Koo claims the Bronsteins have had no emotional distress beyond the loss of their son. This is an
arrogant statement that Koo should have to prove through evidence, as was done in the case he cited. (Koo
Mot. at 12 (citing Taliani v. Resurreccion, 2018 IL App (3d) 160327, ¶ 28 (decided at summary judgment).)

12
 III. THE BRONSTEINS STATE AN UNFAIR PRACTICES CLAIM AGAINST KOO
(COUNT VI).
FILED DATE: 3/15/2024 11:06 AM 2022L003763

For their Count VII – ICFA unfair practices claim (TAC, ¶¶ 747-761), the Bronsteins allege

that Koo’s conduct offends public policy, was unfair, immoral, unethical, oppressive and

unscrupulous, and caused substantial injury to consumers in violation of the ICFA. (Id. ¶¶ 754-

760.) Under his leadership, Koo allowed Latin to become the school run by Dunn with deplorable

practices that far from protecting children, placed them at risk particularly when they face a

situation of student conflict, bullying or sexual assault. (E.g., id. ¶¶ 21-70, 76-78, 80, 755, and Ex.

B.) Koo acted maliciously and with actual knowledge the Bronsteins would be harmed by

concealing the truth about Nate’s experience and reports of bullying, and by publicizing and/or

otherwise promoting Latin’s self-serving narrative to Latin personnel, to the Latin community, to

the RCDS community, and/or to the larger public, including that Bronsteins were difficult, Nate

was no angel, Nate was a Parker student and his death was not on Latin’s watch. (Id. ¶ 756.)

Koo erroneously argues that the Bronsteins do not allege that Koo was engaged in trade or

commerce. (Koo Mot. at 14.) Koo misses the point, as he is being sued in his capacity as Trustee

and Board Chair of Latin, which is involved in trade or commerce,11 and Koo’s trustee status brings

him within the scope of a person who may be sued under the ICFA. See 815 ILCS 505/1(c), (f)

and 10a (action may be brought against “person” who violates ICFA, which is defined to include

agents, directors, trustees of entity engaged in trade or commerce). Koo otherwise asserts

arguments similar to those addressed in the Omnibus Opposition at 93-94, incorporated herein,

and reflecting that he also misunderstands: (a) the elements of an ICFA unfair practices claim,

which is different from a deceptive acts claim, (b) the Bronsteins are entitled to emotional distress

11
See Scott v. Ass’n for Childbirth at Home, Int’l, 88 Ill. 2d 279, 285 (1981); Brody v. Finch Univ. of Health
Scis./The Chi. Med. Sch., 298 Ill. App. 3d 146, 158 (2d Dist. 1998).

13
 damages as part of a total award, see Morris v. Harvey Cycle & Camper, Inc., 392 Ill. App. 3d

399, 403 (1st Dist. 2009) (Koo Mot. at 15-16), and (c) in pleading an ICFA claim, “the required
FILED DATE: 3/15/2024 11:06 AM 2022L003763

allegation of proximate cause is minimal since that determination is best left to the trier of fact.”

Pappas v. Pella Corp., 363 Ill. App. 3d 795, 805 (1st Dist. 2006), citing Connick v. Suzuki Motor

Co., 174 Ill. 2d 482, 504 (1996).

IV. KOO DOES NOT MEET HIS BURDEN OF ESTABLISHING ANY LITIGATION
PRIVILEGE HERE.

In a three-sentence argument, Koo half-heartedly asserts that litigation privilege applies to

“protect Koo’s conduct” after Plaintiffs retained counsel on February 3, 2022. (Koo Mot. at 16.)

“The issue of absolute privilege is treated as an affirmative defense that may be raised and

determined in a section 2-619 motion.” Johnson v. Johnson & Bell, Ltd., 2014 IL App (1st) 122677,

¶ 15. To be decided on a 2-615 motion (as Koo seeks here), the pleadings must reveal the basis for

the privilege. O’Callaghan v. Satherlie, 2015 IL App (1st) 142152, ¶¶ 18-19.

The litigation privilege for party litigants—as opposed to attorneys who have a much

broader privilege—can only be applied when “Illinois policy would be furthered by doing so.”

O’Callaghan, 2015 IL App (1st) 142152, ¶¶ 25, 27; Kurczaba v. Pollock, 318 Ill. App. 3d 686,

706 (1st Dist. 2000) (privilege “applied sparingly and confined to cases where the public service

and administration of justice require immunity”). While there is no policy furthered here, no

privilege should even be considered. The allegations against Koo, Greenwood, Hagerman and the

Latin Defendants are not that they caused harm through a filing in this case, or through the

discovery process, or anything related to the litigation process, it is about failing to comply with

the law, lying to conceal wrongdoing, and engaging in communications with third parties. “Illinois

has never extended the privilege to cover out-of-court communications to other persons.”

Kurczaba, 318 Ill. App. 3d 686, 704 (emp. added).

14
 V. THE ILLINOIS NOT FOR PROFIT CORPORATIONS ACT DOES NOT APPLY
TO WILLFUL AND WANTON CONDUCT.
FILED DATE: 3/15/2024 11:06 AM 2022L003763

Koo he has immunity as a Trustee under Illinois’ NPC Act, 805 ILCS 105/101.01 et seq.

Koo cites Section 108.70 of the Act, but that provision does not apply when there is “willful or

wanton conduct.” 805 ILCS 105108.70(a) (emp. added). Because the Bronsteins allege willful

and wanton conduct, (see Background, supra) the Act does not provide a basis to dismiss the

Bronsteins’ claims. See Doe-3 v. McLean County Unit Dist. No. 5 Bd. of Dirs., 2012 IL 112479, ¶

19; Schlafly Trust v. Cori, 512 F. Supp. 3d 916, 930-931 (E.D. Mo. Jan. 7, 2021) (denying motion

to dismiss based on immunity under NPC Act because complaint alleged willful and wanton

conduct); Momans v. St. John’s Northwestern Military Academy, Inc., 2000 U.S. Dist. LEXIS

5129, *26 (N.D. Ill. April 20, 2000) (defendants not fraudulently joined where complaint alleged

willful and wanton conduct and a jury could find against them on fraud claims despite NPC Act

immunity defenses).12 Accordingly, Koo’s motion must be denied.

CONCLUSION

For all the reasons stated herein, Plaintiffs respectfully request that this Court deny

Defendant Koo’s motion, and grant such other and further relief as this Court deems just.

Dated: March 15, 2024 Respectfully submitted,

By: /s/ Danielle J. Gould

One of Plaintiffs’ Attorneys

12
In arguing for dismissal, Koo cites Spencer v. Ill. Cmty. Action Ass’n, 164 F. Supp. 2d 1056, 1064-1065
(C.D. Ill. 2001) (Koo Mot. 17). In that case, however, the court determined on summary judgment that the
privilege applied, after the plaintiff admitted that defendants did not “disregard her safety[.]”).

15
 Danielle J. Gould Todd F. Flood
Victoria R. Collado Flood Law, PLLC
Alex D. Marks 155 W. Congress Street, Suite 603
FILED DATE: 3/15/2024 11:06 AM 2022L003763

Christine Eduardo Detroit, Michigan 48226

Burke, Warren, Mackay & Serritella, P.C. (248) 547-1032
330 N. Wabash Ave, 21st Floor tflood@floodlaw.com
Chicago, Illinois 60611
(312) 840-7000 Michael D. Weaver
dgould@burkelaw.com Plunkett Cooney PLC
vcollado@burkelaw.com 38505 Woodward Avenue, Suite 2000
amarks@burkelaw.com Bloomfield Hills, MI 48304
ceduardo@burkelaw.com (248) 901-4025
Firm ID No. 41704 mweaver@plunkettcooney.com

16
FILED DATE: 3/15/2024 11:06 AM 2022L003763

1
EXHIBIT
FILED DATE: 3/15/2024 11:06 AM 2022L003763
FILED DATE: 3/15/2024 11:06 AM 2022L003763

Helping Your School Apply

Sound Principles to Its Practices
The NAIS Principles of Good Practice (PGPs)
are designed to promote high standards and
ethical behavior in key areas of independent
school operations. Their goal is to encourage
discussion, guide decision making, and steer
action throughout member schools.
The NAIS PGPs reflect the dedication to
quality education that has always characterized
independent schools. As members, all NAIS
schools work to uphold the spirit of these
principles and guidelines.
For further guidance, see the Code of Ethics
recommended by Independent Sector, which NAIS
endorses in principle and follows in practice.

© 2020 National Association of Independent Schools

ISBN: 978-1-63115-040-1

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Through the recruitment,
selection, and enrollment of
students, admission and enrollment
management professionals play
a critical role in their schools’
vitality and educational culture.
All admission and enrollment
management professionals, as well
as the head of school, bear ultimate
responsibility for communicating
and upholding these principles of
good practice to all professional
staff and volunteers (including
parents, alumni/ae, tour guides,
coaches, faculty, and board
members) who represent the
institution in promotion, recruitment,
admission, re-enrollment, and
retention activities.
ADMISSIONS
1 The school seeks to ensure an appropriate match between
a prospective student/family and the mission and philosophy
of the school.
2 The school maintains an admission process that affirms
the dignity and worth of each individual and respects the
needs of students and families to learn about school
programs and activities.
3 In establishing policies, procedures, and goals for student
recruitment and enrollment, the school makes inclusivity a
central tenet, while also complying with local, state, and federal
laws, including but not limited to applicable antitrust laws.
4 The school operates under a clear and consistent set of practices
for gathering, disseminating, and maintaining prospective
student information, and respects the confidentiality of students,
families, and documents in the admission process. Schools will
ensure that the admission process and/or official transcript have
provided sufficient formal documentation of an appropriate
match before offering admission to a student.
5 The school provides clear information, dates, and timeframes
for all aspects of the admission process, including expectations
around notification dates, financial aid applications, acceptance
of an enrollment offer, waitlist policies, and financial
obligations. All school communication about the admission
process should be consistent, transparent, and in user-friendly
and inclusive formats.
6 The school shares complete information about the total costs
of attending the school and other financial expectations with
families before an enrollment commitment is required. The
school ensures that its admission process and commitment
deadlines do not restrict unnecessarily the rights of families to
make well-informed decisions about enrollment.
7 The school clearly communicates those policies and procedures
of the school, member associations, and/or athletic leagues that
may affect a family’s decision to enroll.
Continued on next page
1
 ADMISSIONS
FILED DATE: 3/15/2024 11:06 AM 2022L003763

Continued from previous page

8 The school recognizes that general advertising, direct-mail

campaigns, social media and internet outreach, and
communication between competitor schools and currently
enrolled independent school families should not be seen
as a violation of the spirit of collaboration, collegiality, and
professionalism reflected in these principles, but rather as
guaranteeing the free market rights of families and the
general public to consider all educational options.
9 The school recognizes the right of currently enrolled students
and families to consider other educational options, and if a
transfer is initiated, the current school provides appropriate
documentation and support in a timely manner, including
reminding the family of any policies related to contractual
obligations to the current school.
10 The school actively participates in local, regional, and national
organizations of independent schools to establish and further
collegial relations with neighboring independent schools, to
collaborate on marketing arrangements to tell the independent
school story, and to encourage more families to consider
independent education.
11 School representatives apply the same high standards of
integrity whether talking about their own school or other
institutions. As they navigate the challenges and opportunities
inherent in a competitive recruitment environment, school
admission professionals adhere to the highest standards of
mutual support and respect among schools.
12 The school ensures that all representatives, internal processes,
and external recruitment arrangements support the best interests
of the student and do not result in a conflict of interest on the
part of the school, individual, or firms representing the school.
13 The school ensures that the primary admission professional
is a member of one of the leadership teams, and all admission
and enrollment management professionals, as primary
representatives of the school in many arenas, have strong
support for professional development and unwavering direction
from the head of school to fulfill the letter and the spirit of all
of these principles of good practice, especially in the context
of challenges to meeting enrollment goals.

2

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Athletics can play an important
role in the lives of children.
The school’s athletic program
should be an essential part of the
education of students, fostering the
development of character, life skills,
sportsmanship, and teamwork.
ATHLETICS
SCHOOL ATHLETICS
1 The school’s physical health program embodies the mission,
philosophy, and objectives of the school.
2 The school ensures that physical education teachers and
coaches have appropriate training and knowledge of the
school’s mission, philosophy, and objectives.
3 The school promotes equity in all aspects of its athletic programs,
including equal access to athletics, and fair and just treatment
within both the curricular and extracurricular program.
4 The school’s athletic program is an integral part of the
school’s curriculum.
5 The school is committed to the safety and physical and
emotional health of participants in the athletic program.
The school demonstrates this commitment by ensuring that
appropriate safety precautions are in place for all physical
education activities. Further, the school has appropriate response
safeguards in place in the event that a student is injured.
6 The school’s athletic program values the dignity and worth
of the individual in a context of common purpose and
collective achievement.
7 The school educates parents about the philosophy, policies,
risks, and appropriate expectations of the athletic program.
SCHOOL TEAM ATHLETICS
1 The school stands firmly in opposition to performance-
enhancing drugs.
2 The school and its athletic programs and teams do not tolerate
any form of hazing.
3 The school ensures that students, parents, alumni, and others
understand the expectations of sportsmanship, civility, and
self-control at athletic practices and contests, much as those
same characteristics are required within the more traditional
academic environment.
Continued on next page
3
 ATHLETICS
FILED DATE: 3/15/2024 11:06 AM 2022L003763

Continued from previous page

4 The school works directly and candidly with other schools to

prevent abuses in the following areas: recruitment, eligibility,
transfer of student athletes, financial aid, and admission.

COACHES
1 Coaching is teaching: Coaches are, foremost, teachers. In this
spirit, coaches have a strong collegial relationship with other
educators and contribute to the school’s understanding of the
whole child.
2 Coaches have an understanding of the developmental needs of
the children with whom they work.
3 Coaches design and implement activities that improve the
knowledge and skills of all participants.
4 Coaches are aware of the physical abilities of their athletes
and do their best to keep the athletes safe while encouraging
students to reach new levels of achievement.
5 Coaches maintain the appropriate skills to teach their sport(s)
and provide appropriate first aid to an injured athlete.
6 Coaches mentoring athletic teams and events are role models
for the behavior expected of all spectators and participants at
any athletic event.

4

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
The board is the guardian of the
school’s mission. It is the board’s
responsibility to ensure that the
mission is relevant and vital to
the community it serves and to
monitor the success of the school
in fulfilling its mission.
BOARD OF TRUSTEES
1 The board adopts a clear statement of the school’s mission,
vision, and strategic goals and establishes policies and plans
consistent with this statement.
2 The board reviews and maintains appropriate bylaws that
conform to legal requirements, including duties of loyalty,
obedience, and care.
3 The board assures that the school and the board operate in
compliance with applicable laws and regulations, minimizing
exposure to legal action. The board creates a conflict of
interest policy that is reviewed with, and signed by, individual
trustees annually.
4 The board accepts accountability for both the financial stability
and the financial future of the institution, engaging in strategic
financial planning, assuming primary responsibility for the
preservation of capital assets and endowments, overseeing
operating budgets, and participating actively in fundraising.
5 The board selects, supports, nurtures, evaluates, and sets
appropriate compensation for the head of school.
6 The board recognizes that its primary work and focus are long
range and strategic.
7 The board undertakes formal strategic planning on a periodic
basis, sets annual goals related to the plan, and conducts
annual written evaluations for the school, head of school, and
the board itself.
8 The board keeps full and accurate records of its meetings,
committees, and policies and communicates its decisions
widely, while keeping its deliberations confidential.
9 Board composition reflects the strategic expertise, resources,
and perspectives (past, present, and future) needed to achieve
the mission and strategic objectives of the school.
10 The board works to ensure all its members are actively involved
in the work of the board and its committees.
Continued on next page
5
 BOARD OF TRUSTEES
FILED DATE: 3/15/2024 11:06 AM 2022L003763

Continued from previous page

11 As leader of the school community, the board engages

proactively with the head of school in cultivating and
maintaining good relations with school constituents as well as
the broader community and exhibits best practices relevant to
equity and justice.
12 The board is committed to a program of professional
development that includes annual new trustee orientation,
ongoing trustee education and evaluation, and board leadership
succession planning.

6

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Although responsibilities of
business officers are as varied as the
institutions they serve, the following
principles provide a common
standard of leadership and good
practice for individuals vested with
the responsibilities of the school’s
financial and physical resources.
BUSINESS OFFICERS
1 The business officer understands and promotes the mission,
standards, and policies of the school, and provides leadership as
these evolve and when they are evaluated.
2 The business officer supports the head and other school
officials in ensuring compliance with applicable laws.
3 The business officer reports to the head of school and works
strategically with the head of school and the board of trustees
to ensure the development and implementation of appropriate
policies for the long-term management of the school.
4 The business officer provides important assistance to the
head in administering the school and to the board in meeting
its fiduciary responsibilities through attendance at meetings,
informative disclosure, and other educational means.
5 The business officer manages the school’s resources in a prudent
manner, consistent with the mission, safeguarding the value
of those assets for the use of future generations of students by
establishing appropriate financial controls and procedures.
6 The business officer maintains and fosters high ethical
standards, integrity, and respect for colleagues, alumni, parents,
and students in the conduct of the school’s business.
7 The business officer respects and maintains confidentiality
and rights to privacy applicable to individuals and institutional
records.
8 The business officer ensures that the human resource policies
and practices, as well as the school’s finance-related policies,
are clearly articulated, consistently applied, and conform to
legal requirements.
9 The business officer fosters professional standards and
development by participating in local, regional, and national
associations that offer personal support and professional
assistance and development.
7

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Early childhood education
emphasizes the development
of the whole child, providing for
each child’s social, emotional,
physical, and intellectual needs.
Early childhood programs are
developmentally appropriate in that
they are based on an understanding
of general patterns of growth in
the early years as well as children’s
individual development.
EARLY CHILDHOOD
EDUCATION
1 Early childhood educators and all personnel who interact with
young children have appropriate training, understanding, and
knowledge regarding the developmental characteristics of this
age group.
2 Early childhood educators recognize that play is the work of
young children.
3 Early childhood educators build on children’s natural curiosity
to promote a love of learning.
4 Early childhood educators prepare the environment so that
children learn through active exploration and discovery.
5 Early childhood educators recognize the importance of outdoor
play and provide appropriate time and equipment.
6 Early childhood educators design programs that develop the
large and small motor skills of young children.
7 Early childhood educators engage parents as partners in
understanding the unique characteristics and needs of young
children.
8 Early childhood educators, in observing and interpreting
children’s behavior, use bias-free assessment tools based on
developmental norms.
9 Early childhood educators promote equity and justice by
creating a community that fosters respect, understanding, and
an appreciation of differences.
8

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Independent schools value the
presence and full engagement
of international students in their
educational communities. NAIS
considers international students
those who undertake all or part
of their education experience
in a country other than their
home country. The following
principles provide guidelines
for the recruitment, residential
life, education, and support
of international students in
independent schools.
EDUCATION OF
INTERNATIONAL
STUDENTS
IN INDEPENDENT SCHOOLS
1 The school engages in an equitable recruitment, admissions,
and enrollment process for international students and provides
information that accurately depicts the school’s programs,
practices, policies, and deadlines. This includes sharing
complete information about total costs of attending the school
and other financial expectations with families before an
enrollment commitment is required.
2 The school uses inclusive language in all oral, written, and
electronic communication and ensures that international
families have access to the same information as
noninternational families.
3 The school values each student’s culture, traditions, and unique
perspectives. The school reflects its appreciation for diversity,
equity, and justice in its mission, programming, and actions to
support international students.
4 The school ensures international students’ access to the
whole curriculum, all school programs, and the entire student
educational experience, keeping in mind that international
students may be English language learners.
5 The school provides a fully articulated language (English or the
primary language spoken in the school) acquisition program for
international students, including assessment, placement, and
monitoring of both student learning and program effectiveness,
as well as language support in the content areas, as needed.
6 The school ensures appropriate and comprehensive safety,
well-being, supervision, support, and care of international
students, including in housing, if housing is provided.
7 The school ensures access to appropriate acculturation and/
or enculturation resources, as well as counseling, medical, and
learning support services for international students.
Continued on next page
9
 EDUCATION OF
INTERNATIONAL
FILED DATE: 3/15/2024 11:06 AM 2022L003763

STUDENTS
IN INDEPENDENT SCHOOLS

Continued from previous page

8 The school supports educators in their work with international

students, including professional development programming for
faculty and staff to educate them about students’ home cultures
and traditions, the second language acquisition process, and
learning needs.
9 The school ensures that there are sufficient and appropriately
trained staff members dedicated to supporting the school’s
work with international students.
10 The school promotes an environment that enhances positive
interaction between domestic and international students so they
develop sensitivity and understanding of cultural differences.

10

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Building on the work of early
childhood educators, elementary
school educators continue to
nourish the child’s joy of discovery
and passion for learning, and
provide for the child’s social,
emotional, physical, intellectual,
and moral growth — giving special
attention to the mastery of those
basic skills and concepts that are
the foundation of all future learning.
ELEMENTARY
SCHOOL EDUCATORS
1 Elementary school educators and all personnel who interact
with children have appropriate training and knowledge
regarding the developmental characteristics and needs of this
age group.
2 Elementary school educators create a safe and secure
environment in which students grow in both autonomy and the
ability to work and play together.
3 Elementary school educators design and implement programs
that actively engage students in making connections, solving
problems, and thinking independently.
4 Elementary school educators teach to individual learning styles
and intelligences and assess learning in a variety of ways.
5 Elementary school educators support the child’s emerging
identity by respecting and providing for each student’s voice.
6 Elementary school educators build relationships with their
students in which each child feels understood, nurtured,
and challenged.
7 Elementary school educators work to create a relationship with
parents that facilitates the exchange of information necessary
to ensure the child’s progress.
8 Elementary school educators create opportunities for children
to become increasingly responsible for the many communities
in which they live.
9 Elementary school educators defend the dignity and worth of
each member of the community and create an environment that
fosters respect, understanding, and acceptance of differences.
11

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Independent schools strive to be
positive members of their local
and global communities and to
prepare students well for the
future. Schools can become more
environmentally sustainable and
can ensure that their graduates are
prepared to contribute to a more
sustainable world by incorporating
appropriate learning and practice
into school policies, administration,
curriculum, campus operations,
student life, and engagement with
the broader community.
ENVIRONMENTAL
SUSTAINABILITY
1 The school demonstrates a commitment to environmental
sustainability through its policy statements, strategic plan,
and administration.
2 The school has a long-term sustainability plan that includes
benchmarks and has administrative support.
3 The school incorporates learning and teaching within the
curriculum that addresses the knowledge and skills needed
to foster an environmentally, socially, and economically
sustainable future.
4 The school strives to incorporate best practice in sustainability
in all aspects of facilities and operations, including new
buildings and renovations, energy sourcing and consumption,
waste management, water use, food services, landscaping,
transportation, and purchasing.
5 The school integrates sustainable operations practices within
curricular and co-curricular programming, such as energy
conservation competitions, waste and recycling audits,
greenhouse gas inventories, and organic gardening and
landscaping practices, among others.
6 The school supports student and faculty engagement in
sustainability-related programs and projects, such as field study
projects, student/faculty exchanges, and partnerships with
other schools, local governments, and organizations.
7 The school supports professional development for faculty and
staff that deepens understanding and practice of sustainability.
8 The school communicates with stakeholders on its evolving
commitment to sustainability in learning and practice.
12

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
NAIS schools value the
representation and full engagement
of individuals within our
communities whose differences
include — but are not limited to —
age, ethnicity, family makeup,
gender identity and expression,
learning ability, physical ability,
race, religion, sexual orientation,
and socioeconomic status. NAIS
welcomes and celebrates the
diversity of our member schools.
We expect member schools to
create and sustain diverse, inclusive,
equitable, and just communities
that are safe and welcoming for all.
We recognize that to do so requires
commitment, reflection, deliberate
planning and action, and ongoing
accountability. The following NAIS
Principles of Good Practice for
Equity and Justice provide the
foundation for such an independent
school community.
EQUITY AND JUSTICE
1 The school establishes the foundations for its commitment
to equity and justice in its defining documents (mission, core
value, and/or philosophy statements).
2 The school respects, affirms, and protects the dignity and worth
of each member of its community.
3 The board of trustees and the head of school articulate strategic
goals and objectives that promote diversity, inclusion, equity,
and justice in the life of the school.
4 The school develops meaningful requirements for cross-cultural
competency and provides training and support for all members
of its community, including the board of trustees, parents,
students, and all school personnel.
5 The board of trustees and the head of school keep the school
accountable for living its mission by periodically monitoring
and assessing school culture and ongoing efforts in admission,
hiring, retention, financial aid, and curriculum development.
6 The school works deliberately to ensure that the board of
trustees, administration, faculty, staff, and student body reflect
the diversity that is present in the rapidly changing and
increasingly diverse school-age population in our country.
7 The head of school ensures that diversity initiatives are
coordinated and led by a designated individual who is a
member of one of the school leadership teams, with the training,
authority, and support needed to influence key areas of policy
development, decision making, budget, and management.
8 The school uses inclusive language in all written, electronic,
and oral communication.
9 The school adopts a nondiscrimination statement applicable
to the administration of all of its programs and policies, in
full compliance with local, state, and federal law. That said,
the school makes the law the floor — not the ceiling — for
establishing itself as a diverse, inclusive, safe, and welcoming
community for all students, staff, and families.
13

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Recognizing that each family
bears the primary responsibility
for financing a student’s education
costs, NAIS’s Principles of
Good Practice for Financial Aid
Administration are designed to
serve as guideposts in developing
professional policies and orderly
procedures among schools.
Through these principles, NAIS
affirms its belief that the purpose
of a financial aid program is to
provide monetary assistance
to those students who cannot
afford the cost of attending an
independent school. Furthermore,
these principles reflect the
standards of equity and fairness
NAIS embraces and reassert NAIS’s
ongoing commitment to access
and diversity.
FINANCIAL AID
ADMINISTRATION
1 The school adheres to all applicable local, state, and federal
laws and regulations, including antitrust laws and those
that require nondiscriminatory practice in administering
its financial aid policies.
2 The school operates within the context of both short- and
long-range financial aid budget and policy goals.
3 The school uses objective research to measure the effectiveness
of its progress toward its goals, and communicates the
outcomes to its constituents as appropriate.
4 The school provides clear and transparent information to
families through outreach, education, and guidance on all
aspects of its financial aid process and the factors that influence
admission and aid eligibility.
5 The school determines eligibility for admission without regard
to a student’s application for financial aid.
6 The school commits to providing financial aid dollars to
applicants who demonstrate that their family resources are
insufficient to meet all or part of the total educational costs.
7 The school continues to provide support to students as long as
they demonstrate financial need.
8 The school maintains the same standards of behavior and
academic performance for recipients of financial aid as it does
for nonrecipients.
9 The school enacts documented procedures that ensure a fair,
consistent, and equitable assessment of each family’s ability to
contribute toward educational expenses.
10 The school makes and communicates financial aid decisions in
a manner that allows families to make timely, careful, and fully
informed enrollment decisions.
Continued on next page
14
 FINANCIAL AID
ADMINISTRATION
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Continued from previous page

11 The school establishes administrative and accounting

procedures that distinguish the school’s need-based financial
aid program from tuition assistance programs that are not
based on financial need.
12 The school safeguards the confidentiality of financial aid
applications, records, and decisions while respecting the right
of each family to discuss its own financial aid outcomes in an
appropriate manner.
13 The school supports collaboration between the financial aid
office and other offices within the school.
14 The school supports collegial relationships with other schools
and organizations for professional development, exchange
of best practices, and other information sharing as appropriate
and consistent with applicable antitrust laws.

15

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
The advancement program of
the school should exemplify the
best qualities of the institution
and reflect the highest standards
of personal and professional
conduct. The following Principles
of Good Practice are addressed
to those involved in the school’s
advancement operation: trustees,
school heads, development and
alumni/ae officers and staff,
volunteers, consultants, and
business officers.
FUNDRAISING
1 The school establishes a well-constructed development plan to
guide its fundraising activities.
2 The school is mindful and respectful of the cultural and
economic diversity of constituent supporters.
3 The school accepts only gifts that support its mission,
character, integrity, and independence.
4 The school understands that accepting a gift is accepting the
obligation to honor the donor’s intent.
5 The school advocates stewardship (preserving and growing
the resources of the school), as well as nurtures, appreciates,
and sustains an ongoing healthy and effective relationship
with its constituents.
6 The school clearly articulates roles and responsibilities
for volunteers.
7 The school safeguards its constituents’ privacy and all
confidential information.
8 The school encourages donors to consult with their own
professional tax advisors when making charitable gifts.
9 The school complies with all provisions of the U.S. Tax Code
that affect charitable giving.
10 The school, as appropriate, discloses to its constituents gifts
received through philanthropy.
11 To ensure financial sustainability, the school makes certain that
income earned from endowment is spent wisely and equitably. In
doing so, the school ensures that endowments maintain their real
value over the years so that future generations benefit as much
or more from endowment as current and past generations.
12 The school adheres to accepted standards concerning the
management and reporting of gift revenues and fundraising
expenditures, and seeks to promote the profession by sharing
its data with relevant professional organizations, such as the
Council for Advancement and Support of Education (CASE),
Council for Aid to Education (CAE), and NAIS.
16

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Independent schools are in a unique
position to prepare students to be
global citizens, individuals who are
knowledgeable, compassionate,
ethical, curious, and internationally
minded leaders within a dynami-
cally interconnected world.
EDUCATING FOR
GLOBAL CITIZENSHIP
AND INTERNATIONAL
MINDEDNESS
1 The school demonstrates a commitment to global education
and international mindedness through its strategic plan and
policy statements.
2 The school supports and shows evidence of learning and
teaching that challenges students to expand their perspectives
and understanding of the world they live in, including
foreign language acquisition, cross-cultural communication,
collaboration, global problem-solving, creative thinking, ethical
and empathic decision making, and recognizing different
perspectives, among others.
3 The school fosters a climate of respect for all peoples
and cultures.
4 The school actively seeks opportunities that promote
global awareness, intercultural experiences, transnational
exchange, travel, and collaboration for its students, faculty,
and administrators.
5 The school emphasizes the value of intercultural
communication and commitment to ethical action and service
locally, nationally, and globally, and at all grade levels.
6 The school embraces diversity and promotes an environment
of inclusivity and belonging for students, teachers, and
administrators from a range of cultural, national, religious,
and ethnic backgrounds.
7 The school supports professional learning opportunities for
faculty, administrators, and other stakeholders that develop
global awareness, knowledge, and understanding.
17

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
The following principles of good
practice are designed to help
independent schools and their
search committees as they embark
upon the task of selecting a school
head. They are intended to further
the likelihood of a professional and
fair process that is the foundation
for the successful hiring of a new
head of school.
HEAD SEARCHES
SCHOOL SEARCH COMMITTEES
1 Prior to the formation of the search committee, the board chair
appoints a small subcommittee of trustees for gathering information
and resources (such as the NAIS Head Search Handbook and
these NAIS Principles of Good Practice) to identify properly the
appropriate approach to the head of school search in light of
the school’s finances, culture, and other characteristics, paying
particular attention to forming a search committee, hiring a search
consultant, and diversifying the pool of candidates it seeks.
2 Using the background resources, the search committee devises
a search process, communicated to the community at large, that
is fair, inclusive, and orderly and that adheres to local, state,
and federal laws and regulations, including those regarding
nondiscrimination in employment. The board of trustees examines
the plan’s addressing of sensitive issues related to confidentiality,
inclusivity, and the school’s receptivity to change when approving
the process recommended by the search committee.
3 The search committee communicates to candidates its protocols,
process, and schedule and the care it will take to ensure a search
process that is viewed by candidates as fair, orderly, inclusive,
and confidential.
4 While assuming a search consultant or subset of the committee
will screen files for appropriateness and will make every effort to
present the school with a finalist pool that is both highly qualified
in terms of the search committee’s criteria and diverse in makeup
and attributes, the entire search committee is informed about all
candidates who have applied.
5 Because candidates have sometimes found their positions in their
own schools jeopardized by being candidates at another school,
the early stages of a search are conducted in a manner that ensures
complete confidentiality, and the finalist stages of reference
checking by the search committee are executed with great care,
sensitivity, and consideration of each candidate’s wishes.
6 Contracting with a head of school follows IRS rebuttable
presumption protocols, ensuring that the school is compensating
the new school leader fairly and appropriately.
Continued on next page
18
 HEAD SEARCHES
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Continued from previous page

HEAD SEARCH CONSULTANTS

The following principles of good practice for search consultants

and search firms establish the principled standards for the
process and the expectations of professionalism from the search
consultants and search firms.
1 The search consultant (or the search committee chair in the
absence of a consultant) incorporates into the process, as
appropriate, search committee training recommended in
the NAIS Head Search Handbook and facilitates the search
committee’s adherence to NAIS Principles of Good Practice.
2 In outlining procedures to the search committee prior to
entering a written agreement for the services being rendered,
the search consultant provides a full, written description of
services offered, including estimated expenses and fees, makes
known the names of other schools for which he or she actively
is performing a search for persons to fill a similar position, and
limits searches during any given period to a number that will
assure service of high quality to each client school.
3 The search consultant makes every effort to understand the school,
its mission, its culture, its tolerance for change, its preferred
leadership style, and the nature of the position to be filled.
4 The search consultant makes every effort to present the
school with a diverse group of highly qualified candidates.
All principles associated with providing equal opportunity
are observed in the process.
5 The search consultant sees the school, not the individual
candidate, as the primary client.
6 The search consultant respects the confidentiality of each
candidate and impresses upon both search committee and
candidates the importance of discretion.
7 Both the search consultant and the search committee check
candidates’ references with great care.
8 The search consultant keeps the search committee fully informed
about the progress of the assignment throughout the search and
ensures that each candidate is informed appropriately, promptly,
and frequently about the status of his or her candidacy.

19

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
The primary responsibility of the
head of an independent school
is to carry out the school’s stated
mission. While there are profoundly
different ways to accomplish this
goal, NAIS offers the following
principles as guideposts for all
heads engaged in this rewarding,
complex job.
HEADS OF SCHOOL
1 The head works in partnership with the board of trustees to
establish and refine the school’s mission; articulates the mission
to all constituencies — students, faculty and staff, parents,
alumni/ae, and the community; and supports the mission in
working with all constituencies.
2 The head oversees the shaping of the school’s program and the
quality of life in the school community.
3 The head manages the school in compliance with all applicable
laws and regulations.
4 The head establishes an effective manner of leadership and
appropriately involves members of the administration and
faculty in decision making.
5 The head is responsible for attracting, retaining, developing,
and evaluating qualified faculty and staff.
6 The head is accessible, within reason, and communicates
effectively with all constituencies.
7 The head is responsible for financial management, maintenance
of the physical plant, strategic planning, and fundraising.
8 The head ensures that every element of school life reflects the
principles of equity, justice, and the dignity of each individual.
9 The head is alert to his or her role within the broader networks
of schools, school leaders, and the community.
10 The head works to ensure that the principles of good practice of
all school operations, especially those of admission, marketing,
faculty recruitment, and fundraising, demonstrate integrity at
all levels of the school.
20

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
The quality of the hiring process
sets the tone for a mutually
satisfying relationship between
the school and the candidate and
communicates to the candidate
the spirit and values of the
institution. The values that infuse
these guidelines can be applied
to any hiring process, whether
that process involves the use of
placement agencies or is fully
managed by the school. NAIS
encourages schools to adopt these
principles and to share them with
candidates as appropriate.
HIRING PROCESS
THE SCHOOL’S OBLIGATIONS
1 The school has a stated procedure governing its hiring process
and a strategic recruiting plan that includes strategies for
seeking candidates who will add to the racial, cultural, and
gender diversity of the institution.
2 The school identifies means by which to advertise the position
to various pools of potential candidates, including those not
currently employed by independent schools, and makes current
staff aware of openings as they become public and available.
3 The school creates a complete job description for each available
position. This description outlines the main responsibilities
and expectations of the position, as well as any significant other
activities that may be asked of the candidate.
4 The hiring and interview process includes the people who will be
directly involved with the candidate in his or her new position.
5 The school and its representatives follow the laws that govern
hiring practices and focus fairly and consistently with every
applicant on the talent, skills, and abilities needed for the job,
disclosing all information that is necessary for the candidate to
make a well-informed decision.
6 When inviting a candidate to the school, the school explains who
is to be responsible for expenses and what the visit will entail.
7 The school keeps all candidates informed about the hiring
schedule and decision timeline.
8 In performing its due diligence, the school performs
appropriate background and reference checks to validate a
candidate’s education and employment history, focusing on
the ability of the individual to fulfill the professional duties
of the position and to confirm the individual’s suitability to
work with children. The school does not finalize the hiring of
a new employee without completing a reference call with the
individual’s most recent employer, after securing permission
to contact that employer from the candidate.
Continued on next page
21
 HIRING PROCESS
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Continued from previous page

9 When making an offer to a candidate, the school provides all

relevant information, including compensation, job expectations,
and working conditions.
10 The school affords candidates a reasonable period of time to
consider an offer.
11 When the selected candidate accepts the job, the school
contacts the other candidates to notify them that the position
has been filled.

THE CANDIDATE’S OBLIGATIONS

1 The candidate discloses all information that is necessary for
the school to make a well-informed decision.
2 The candidate accepts an invitation to visit at the school’s
expense only if he or she is seriously interested in a position.
3 The candidate responds to an offer within a reasonable period
of time.
4 The candidate notifies the current employer as soon as
reasonably possible of any plans to work for another employer.

22

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
The following principles are
set forth to provide a common
perspective on the responsibilities
of individual members of
independent school boards.
INDEPENDENT
SCHOOL TRUSTEES
1 A trustee actively supports and promotes the school’s mission,
vision, strategic goals, and policy positions.
2 A trustee is knowledgeable about the school’s mission and goals,
including its commitment to equity and justice, and represents
them appropriately and accurately within the community.
3 A trustee stays fully informed about current operations and
issues by attending meetings regularly, coming to meetings
well prepared, and participating fully in all matters.
4 The board sets policy and focuses on long-range and strategic
issues. An individual trustee does not become involved directly
in specific management, personnel, or curricular issues.
5 The trustee takes care to separate the interests of the school
from the specific needs of a particular child or constituency.
6 A trustee accepts and supports board decisions. Once a
decision has been made, the board speaks as one voice.
7 A trustee keeps all board deliberations confidential.
8 A trustee guards against conflict of interest, whether personal
or business related.
9 A trustee has the responsibility to support the school and its
head and to demonstrate that support within the community.
10 Authority is vested in the board as a whole. A trustee who learns
of an issue of importance to the school has the obligation to
bring it to the head of school, or to the board chair, and must
refrain from responding to the situation individually.
11 A trustee contributes to the development program of the school,
including strategic planning for development, financial support,
and active involvement in annual and capital giving.
12 Each trustee, not just the treasurer and finance committee,
has fiduciary responsibility to the school for sound financial
management.
23

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Middle school is a unique period
in the educational life of a
student. Youngsters experience
a variety of significant changes,
both individually and collectively.
The range of academic ability
and physical and emotional
development is huge. Relationships
among adolescents, not to
mention with their parents, change
on a daily basis. Middle school
educators have the responsibility
to respond to and provide for the
unique developmental needs and
characteristics of their students.
MIDDLE SCHOOL
EDUCATORS
1 Middle school educators provide specific programs aimed at
creating a bias-free environment, safe and inclusive for all,
which focuses on eliminating cliques and establishes a climate
where bullying is unacceptable. Programs should support each
student’s need to develop a distinct self-concept and to be
recognized as an individual and as a member of the group.
2 Middle school educators and all personnel who interact with
middle school students have a thorough understanding of the
patterns of physical, intellectual, social, and emotional growth
of their students. They like to work with this age group and
have chosen middle school as their first interest.
3 Middle school educators actively engage parents as partners
in recognizing the implications of the significant changes
affecting middle school children. At this stage in a child’s
life, parent and teacher interaction is especially important.
Therefore, educators should actively seek ways for parents and
teachers to interact, especially in programs that address issues
affecting middle school student development.
4 Middle school educators work to ensure a smooth transition
experience for students and parents entering and leaving the
middle school years.
5 Middle school educators teach to the growing intellectual and
social abilities of their students while employing a wide range
of pedagogical techniques and assessment strategies to ensure
all students are successfully challenged.
6 Middle school educators help students learn to make
responsible choices and understand the consequences of their
actions, including the use of technology on campus.
7 Middle school educators create opportunities that are
especially appropriate for middle school students so that
they can develop a sense of belonging to and responsibility
for their own communities. This approach promotes issues of
sustainability and a better understanding of students’ roles in
an interconnected and global society.
24

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Parents and independent schools
work together to create and
sustain effective partnerships. The
following principles describe the
respective roles and responsibilities
of both partners.
PARENTS
WORKING WITH SCHOOLS
AND SCHOOLS WORKING
WITH PARENTS
PARENTS WORKING WITH SCHOOLS
1 Parents recognize that effective partnerships are characterized
by clearly defined responsibilities, a shared commitment to
collaboration, open lines of communication, mutual respect,
and a common vision of the goals to be reached.
2 In selecting an independent school, parents seek an optimal
match for the needs of the student, their own expectations, and
the philosophy and programs of the school.
3 Parents are familiar with and support the school’s policies
and procedures.
4 Parents provide a home environment that supports the
development of positive learning attitudes and habits.
5 Parents involve themselves in the life of the school.
6 Parents seek and value the school’s perspective on the student.
7 When concerns arise, parents seek information directly from the
school, consulting with those best able to address the concerns.
8 The school suggests effective ways for parents to support the
educational process.
SCHOOLS WORKING WITH PARENTS
1 The school recognizes that effective partnerships are
characterized by clearly defined responsibilities, a shared
commitment to collaboration, open lines of communication,
mutual respect, and a common vision of the goals to be reached.
2 The school clearly and fully presents its philosophy, program,
and practices to parents during the admission process and
encourages dialogue that clarifies parental expectations and
aspirations for the student.
Continued on next page
25
 PARENTS
WORKING WITH SCHOOLS
FILED DATE: 3/15/2024 11:06 AM 2022L003763

AND SCHOOLS WORKING

WITH PARENTS

Continued from previous page

3 The school seeks and values the parents’ perspective on the student.

4 Teachers and administrators are accessible to parents and

model candid and open dialogue.
5 The school keeps parents well informed through systematic
reports, conferences, publications, and informal conversations.
6 The school defines clearly how it involves parents when
considering major decisions that affect the school community.
7 The school offers and supports a variety of parent education
opportunities.
8 The school suggests effective ways for parents to support the
educational process.
9 The school actively seeks the knowledge it needs to work
effectively with a diverse parent body.

26

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Secondary school educators
are committed to helping their
students move from adolescence
to young adulthood.
SECONDARY SCHOOL
EDUCATORS
1 Secondary school educators help students become passionate,
serious scholars capable of effective communication, sustained
work, independent thought, meaningful collaboration, and
original expression.
2 Secondary school educators use their training and knowledge
of their disciplines to design programs appropriate to the
developmental characteristics of this age.
3 Secondary school educators employ a range of teaching and
assessment strategies that invite students to learn and to
demonstrate their learning in a variety of ways.
4 Secondary school educators teach to the learning styles,
abilities, and life experiences of their students.
5 Secondary school educators develop and sustain relationships
with colleagues that benefit their students and further their
own professional growth.
6 Secondary school educators develop and sustain relationships
with parents that support each student’s well-being and
increasing autonomy.
7 Secondary school educators take responsibility for being
role models.
8 Secondary school educators affirm and defend the dignity
and worth of each member of the community and maintain an
environment that fosters respect.
9 Secondary school educators help students take more and more
responsibility for themselves and the multiple communities in
which they live.
10 Secondary school educators prepare students to take advantage
of subsequent opportunities for learning and to take their places
as members of a democratic society and the global community.
27

FILED DATE: 3/15/2024 11:06 AM 2022L003763
PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Entrusted with the education of
children, the independent school
teacher promotes the best interests
of the child within the context of
the school’s philosophy. Those who
supervise teachers are responsible
for the quality of teaching and for
promoting growth in those who
teach. The following principles
provide guidelines for teachers
and supervisors of teachers.
TEACHERS AND
SUPERVISORS
OF TEACHERS
TEACHERS
1 The teacher has a thorough knowledge appropriate for his
or her teaching assignment and stays abreast of recent
developments in the field.
2 The teacher uses a variety of teaching techniques suitable to the
age and needs of the students and subject matter being taught.
3 The teacher establishes positive relationships with students,
which, while recognizing the differing roles of adult and child,
are characterized by mutual respect and good will.
4 The teacher collaborates with colleagues and the school’s
leadership in the design and implementation of curriculum
within the context of the school’s overall program and mission.
5 The teacher initiates growth and change in his or her own
intellectual and professional development, seeking out
conferences, courses, and other opportunities to learn.
6 The teacher is self-aware and self-monitoring in identifying
and solving student, curricular, and school problems. At the
same time, the teacher knows the mission and policies of the
school and, when questions or concerns arise, raises them with
appropriate colleagues and supervisors.
7 The teacher serves his or her school outside the classroom in
a manner established by the individual school and consistent
with the responsibilities of a professional educator. For example,
teachers often serve as advisers, coaches, or activity sponsors.
8 The teacher participates in the establishment and maintenance
of an atmosphere of collegial support and adherence to
professional standards.
9 The teacher welcomes supervision in the context of clearly
defined and well communicated criteria of evaluation.
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10 The teacher models integrity, curiosity, responsibility, creativity,

and respect for all persons as well as an appreciation for racial,
cultural, and gender diversity.

SUPERVISORS OF TEACHERS
1 The supervisor has thorough knowledge appropriate to his
or her supervisory assignment and stays abreast of recent
developments in the field. The supervisor also exemplifies in his
or her own work with faculty members the qualities that he or
she hopes to develop in the faculty.
2 The supervisor develops and administers a comprehensive
system of hiring, consistent with the policies of the school,
which results in the appointment of the best-qualified
candidate and a well-informed match between school and
teacher. Throughout the hiring and supervisory processes, the
supervisor values racial, cultural, and gender diversity.
3 The supervisor ensures that faculty members new to the school
receive orientation and support sufficient for them to work
effectively and with confidence that they are carrying out the
educational mission, policies, and procedures of the school.
4 The supervisor ensures that teachers are informed of both praise
and criticism of their work and that useful support and assistance
are available to each teacher to improve the quality of teaching.
5 The supervisor makes available to all faculty members on an
equitable basis whatever resources the school can provide for
professional growth and development, both inside and outside
the school.
6 The supervisor encourages and challenges teachers to initiate
curricular improvement by providing the necessary time
and resources and by creating structures to foster faculty
collaboration on curriculum development.

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7 The supervisor leads faculty members in upholding high

standards of professional behavior and responds immediately
when behavior occurs that is harmful to children or harmful to
the school community.
8 The supervisor evaluates and works to improve teaching through
classroom visits, discussions with teachers, and other methods
that are fair and consistent with the practices of the individual
school. Evaluation is based on clearly articulated criteria that
teachers have helped define and occurs in a context of respect
for the teacher’s professional knowledge and decision-making
capability. The supervisor also monitors his or her own work by
inviting suggestions and critiques from teachers.
9 When a faculty member’s future in the school is in question,
the supervisor devotes sufficient attention and resources
to ensure that the situation is resolved or that the faculty
member’s departure from the school is handled with attention
to due process and the dignity of the individual.
10 The supervisor ensures that all personnel policies are clearly
articulated to faculty members and makes every effort to promote
the establishment of salaries and benefits commensurate with
the professional responsibilities of teaching.

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PREAMBLE
The following principles provide
common ground for interaction
between independent school
professionals and their many
constituents (parents, students,
colleagues at other schools, and
the public). The NAIS Principles
of Good Practice for member
schools define high standards and
ethical behavior in key areas of
school operations to guide schools
in becoming the best education
communities they can be, to embed
the expectation of professionalism,
and to further our sector’s core
values of transparency, excellence,
and inclusivity. Accordingly,
membership in NAIS is contingent
upon agreement to abide by
the spirit of the PGPs.
OVERVIEW
Digital technologies provide
increasingly powerful tools and
offer a variety of educational
opportunities that can improve
teaching and learning. These
principles offer crucial guidelines
for administrators, teachers, and
technology staff in planning and
managing the role of technology
in independent schools.
TEACHING
AND LEARNING
IN THE DIGITAL AGE
LEADERSHIP
1 The school regularly evaluates its use of technology to support
its mission, goals, and program.
2 School leadership incorporates technology considerations into
strategic planning and creates a sustainable financial model for
its technology commitments.
3 The school’s technology leader is a member of one of the school
leadership teams and has the training, authority, and support
needed to influence key areas of policy development, decision
making, budget, and management.
4 The school ensures that faculty, staff, and students have
equitable access to the technologies they need to support the
school’s mission, goals, and program.
5 The school recognizes that any innovative teaching and
learning exploration, including technology innovation,
often requires significant support for faculty professional
development and flexibility in schedule and program.
6 School leadership establishes school-wide expectations and
provides ongoing professional development regarding the
integration of educational technology into the school curriculum.
7 School leadership, academic leadership, and technology
leadership work together to ensure the development,
implementation, and evaluation of technology at the school.
8 School leadership regularly investigates and evaluates
how emerging technologies impact, or may impact, the
sustainability of their academic and financial models.
TEACHING AND LEARNING
1 Educators research, evaluate, and employ technology as
befits their mission and philosophy to provide differentiated
personalized instruction and to achieve curricular goals.
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2 Educators understand that content is readily available with

technology and design environments to transform the relationship
between teacher and learner, engaging students in higher-order
thinking skills, creation of content, and critical thinking.
3 Educators embrace technologies that promote a culture of
participatory and collaborative approaches to learning (such as
inquiry-based, student-centered, flipped classroom, and project-
and problem-based learning).
4 Educators model and empower learners to effectively practice
media and information literacies inside and outside the classroom
as content creators and consumers.
5 Educators promote networking opportunities for their students
and teachers to collaborate locally and globally.
6 Educators evaluate opportunities to leverage online and/or hybrid
learning environments and implement them when they enhance
student learning.
7 Educators explore technology-enriched and adaptive formative
assessments for sophisticated and customized skills evaluation
that reveal growth over time and that inspire intrinsic motivation
to improve learning.

PROFESSIONAL GROWTH AND LEARNING

1 The school recognizes a critical factor in technology integration
is the teacher’s sustained professional growth by creating
a culture of continuous growth and adequate support for
innovation and learning.
2 School leadership encourages educators to seek out opportunities
to build learning networks and to explore and evaluate digital tools.

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IN THE DIGITAL AGE

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3 The school includes technology integration as an essential

component of its professional development, provides the
necessary time and resources for it, and ensures that educators
acquire and demonstrate essential technology skills and
proficiencies.
4 Teachers’ use of technology for teaching and learning is
included in the school’s teacher evaluation process, as
appropriate for the school’s mission and philosophy.

INFRASTRUCTURE AND ADMINISTRATIVE OPERATIONS

1 The school uses technology to improve the efficiency and
effectiveness of administrative operations.
2 The school provides adequate staffing and infrastructure
appropriate for its size and operation.
3 The school maintains, protects, reviews, and enhances its
technological resources (data, network, software, and hardware)
each year.
4 The school provides timely support for digital resources and
the people who use them.
5 The school establishes renewal plans, replacement cycles, and
disposal plans for technology equipment.

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IN THE DIGITAL AGE

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DIGITAL ETHICS
1 The school engages in ethical business practices in its digital
technology initiatives, including considering the public purpose
opportunities of online course offerings that extend beyond its
own school community.
2 The school adheres to the NAIS Principles of Good Practice
for Admissions in its online courses and “in establishing
policies, procedures, and goals for student recruitment and
enrollment, the school makes inclusivity a central tenet, while
also complying with local, state, and federal laws.”
3 The school operates under a clear set of practices/guidelines
for maintaining privacy, confidentiality, and security in its use
of digital technology.
4 The school develops a responsible-use policy that is framed
in the positive, flexible enough to accommodate changes in
technology, and frequently reviewed.
5 Educators teach, model, and expect safe, healthy, ethical, legal,
and responsible use of digital resources and social media by
students and parents.
6 The school develops a policy regarding faculty and student
interactions on social media sites.
7 The school provides up-to-date information on fair use,
copyright, and Creative Commons information and requires
compliance by faculty, staff, and students.
8 The school establishes a curriculum-based digital citizenship/
digital responsibility program that includes ongoing
discussions of online behavior, cyberbullying, and respectful
and legal use of online tools.
9 The school stays current on issues, events, and concerns related
to online behavior and digital citizenship and informs faculty,
students, and parents when appropriate.

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