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Policy No. 6530
All insurance programs of the district shall be
managed as part of the district’s risk management program.
Liability Insurance
The district shall maintain sufficient liability
insurance to protect it against claims for the negligent or wrongful acts
of its staff or agents. The amount and terms of such insurance protection
shall be reviewed annually as part of the district's risk management
program.
The board shall hold individual board members,
administrators, staff or agents of the district harmless and defend them
from any financial loss, including reasonable attorneys' fees, arising out
of any act or failure to act, provided that at the time of the act or
omission complained of the individual so indemnified was acting within the
scope of his/her responsibilities or employment and in compliance with the
policies and procedures of the district.
The district shall provide its staff with insurance
protection while they are engaged in the maintenance of order and
discipline and in the protection of students, other staff and property.
Such insurance protection must include liability insurance covering injury
to persons and property and insurance protecting staff from loss or damage
of their personal property incurred while so engaged.
A member of the board of directors or the
superintendent is immune from civil liability for damages for any
discretionary decision or failure to make a discretionary decision within
his or her official capacity, but liability shall remain on the district
for the tortious conduct of the board members and superintendent. The
superintendent shall obtain errors and omissions insurance in the amounts
deemed necessary by the board.
Property Damage Insurance
The district shall maintain a
comprehensive insurance program which shall provide adequate coverage, as
determined by the board, in the event of loss or damage to school buildings
and/or equipment, including motor vehicles.
Staff Insurance
The district shall develop and maintain an effective
program of insurance for its staff. Such programs may include, but are not
limited to, unemployment compensation, industrial accident and/or injury
insurance, liability and medical insurance.
The district may make available liability, life,
health, health care, accident, disability or salary protection insurance or
any one of or a combination of these types of insurance and may contribute
all or part of the cost of such insurance.
Unemployment Insurance
The district shall participate in the program lawfully
available for fulfilling its unemployment insurance obligation that is most
financially and administratively efficient. The unemployment compensation
program shall be reviewed annually by the board.
Staff eligible under the terms of the unemployment
compensation pool agreement with the educational service district shall be
provided with the unemployment benefits to which they are entitled. The
district shall maintain the records required by the state employment
security department and retain them for not less than four years.
Workers' Compensation
Workers' compensation is an insurance program which
covers job-related injuries and occupational diseases. School staff members
are covered by a self-insured program which has been approved by the
Washington State Department of Labor and Industries. The staff member is
protected in two ways:
1.
A.
Medical costs resulting from job injuries are paid
2.
B.
Injured employees are paid a partial wage while off work because of
a job injury or illness due to on-the-job causes.
When a staff member is injured on the job with a time
loss, the district will grant full sick leave for the first three (3) days
provided the staff member has accumulated sick leave to cover the absence. For each day covered
by workers' compensation the employee may use accumulated sick leave to
make up the difference between the workers' compensation payments and the
employee's regular salary. In such instances, total pay shall not exceed
the staff member's regular pay.
Medical Insurance
Medical plans are offered in the district on a payroll
deduction plan. Staff may select from among those plans which are made
available by the district's approval. The district shall make a
contribution toward approved insurance premiums for each full-time staff
member each month in an amount which is determined each year. The district
may provide prorated contributions toward premiums for less than full-time
staff. In the event of any fully-funded legislative changes for payment of
insurance premiums, such funds shall be provided automatically as
additional contributions.
When a staff member is on leave and the staff member's
accumulated paid leave has been exhausted, the district shall notify the
staff member that the medical insurance benefits are exhausted and the
premium is due. The district shall accept the premium from the staff member
and remit it to the carrier each month during the term of an approved leave
of absence.
In compliance with COBRA (Consolidated Omnibus Budget
Reconciliation Act), the district will offer continuing health care
coverage on a self-pay basis to staff members and their dependents
following termination (for reasons other than gross misconduct), a
reduction in hours, retirement, death, or loss of coverage eligibility to
the dependent. These health benefits will be identical to the coverages
offered to full-time staff members. For terminated or reduced-hour staff
members, the coverage may last up to 18 months or until they become
eligible for other health insurance, whichever is earlier. In the event of
the staff member’s retirement, divorce, separation or death, or loss
of dependent eligibility the coverage may last up to 36 months for the
staff member and/or qualified beneficiary. The full policy premium plus a
2% administration fee will be paid by the staff member or the beneficiary
to the district.
Cross Reference: Board
Policy 2151 Interscholastic
Activities
Board
Policy 5401 Sick
Leave
Board
Policy 6500 Risk
Management
Board
Policy 6540
School District
Responsibility for Privately Owned Property
Legal Reference: RCW 28A.320.060 Officers,
employees or agents of school districts or educational service districts,
insurance to protect and hold personally harmless
28A.320.100 Actions
against officers, employees or agents of school districts and educational
service districts —
Defense, costs, fees — Payment of obligation
28A.335.010 School
buildings, maintenance, furnishing and insuring
28A.400.350 Liability,
life, health, health care,accident, disability and salary insurance
authorized — Premiums
28A.400.370 Mandatory
insurance protection for employees
4.24.470 Liability
of officials and members of governing body of public agency
4.96.010 Tortious
conduct of political sub-division — Liability for damages
41.50.160 Restoration
of withdrawn contributions by annual installment
50.20.050 Disqualification
for leaving work voluntarily without good cause
50.44.030(3) Insurance
pools
50.44.050 Benefits
payable, terms and conditions
29
U.S.C. A §§ 1161-1168 Consolidated
Omnibus Budget Reconciliation Act
WAC
296-15 Worker's
compensation self-insurance
Adopted: July 28, 2008
Blaine School District
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