Policy 6530

Liability Insurance

The district will 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 will be reviewed annually as part of the district’s risk management program.

The board will 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 will 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 will remain on the district for the tortious conduct of the board members and superintendent. The superintendent will obtain errors and omissions insurance in the amounts deemed necessary by the board.

1. Property Damage Insurance
   The district will maintain a comprehensive insurance program which will provide adequate coverage, as determined by the board, in the event of loss or damage to school buildings and/or equipment, including motor vehicles.
2. Staff Insurance
   The district will 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.

3. Unemployment Insurance
   The district will participate in the program lawfully available for fulfilling its unemployment insurance obligation that is most financially and administratively efficient. The unemployment compensation program will be reviewed annually by the board.

   Staff eligible under the terms of the unemployment compensation pool agreement with the educational service district will be provided with the unemployment benefits to which they are entitled. The district will maintain the records required by the state employment security department and retain them for not less than four years.

4. Workers’ Compensation
   The La Center School District is self-insured through SW Washington Workers’ Compensation Trust for the purpose of providing industrial insurance benefits to employees who sustain job-related injuries or occupational diseases. This trust has been approved by Washington State Department of Labor and Industries to administer industrial insurance benefits. Employees of a self-insured business have the same rights and responsibilities as other workers insured through the state of Washington.  Employees are protected in two ways:
   1. Medical costs resulting from job-related injuries or diseases are paid under the claim; and
   2. Injured employees are paid a partial wage replacement while off work due to a job-related injury or disease under the claim when certified off work by their doctor.

 

When an employee is injured on the job and is unable to perform his or her duties as a result of an on-the-job injury or occupational disease and certified off work by a doctor, the employee may elect to use leave as follows (provided the employer does not elect to keep the employee on full salary through means other than use of accrued leave):

1. Choose unpaid leave, thus receiving only his or her entitled temporary total disability (TTD) benefits, or
2. Elect to use a full day of accumulated leave (sick, annual or other similar benefit) in addition to their entitled TTD benefits, or
3. Elect to use a proportionate share of accumulated leave to make up the difference between the workers’ compensation payments and the employee’s regular pay at the time of injury.

 

The superintendent or designee will develop procedures to assure the legal administration of workers’ compensation benefits.

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 will 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 will 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 will notify the staff member that the medical insurance benefits are exhausted and the premium is due. The district will 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. 

1. Administrative and Non-Represented VEBA Participation Plan

(This plan shall be renewed yearly.)

La Center School District (“Employer”) has adopted the health reimbursement arrangement (HRA) plans offered and administered by the Voluntary Employees’ Benefit Association Trust for Public Employees in the State of Washington (collectively the “Plans”):  the Standard HRA Plan, which shall be integrated with the Employer’s or another qualified group health plan and to which the Employer shall remit contributions only on behalf of eligible employees who are enrolled in or covered by such qualified group health plan and any other contributions that may be permitted under applicable law from time to time; and the Post-separation HRA Plan to which the Employer may remit contributions on behalf of eligible employees, including eligible employees who are not enrolled in or covered by the Employer’s or another qualified group health plan, and which shall provide benefits only after a participant separates from service or retires. Employer shall contribute to the Plans on behalf of all administrators and non-represented employees (“Group”) defined as eligible to participate in the Plans. Each eligible employee must submit a completed and signed Enrollment Form to become an eligible participant and become eligible for benefits under the Plans.

Contributions on behalf of each eligible employee shall be based on the following selected funding sources:

Unused State Allocated Employee Benefit Dollars:  Eligibility for contributions on a monthly basis is limited to employees with unused state allocated employee benefit dollars to their credit after the pooling process has been completed in accordance with RCW 28A.400.270 and 28A.400.280. To be eligible during the term of the Plan, an employee must have unused state allocated employee benefit dollars during the term of this agreement.

Sick Leave Contributions – Retirement or Separation from Service:  Eligibility for contributions at retirement or separation from service is limited to employees who retire or separate from service with sick leave cash-out rights during the term of this agreement.

NOTE: All leave cash out contributions on behalf of each eligible employee shall be based on the cash-out value of leave days or hours accrued by such employee available for contribution in accordance with statute and District policy or procedure. For sick leave cash-outs, it is understood that all eligible employees will be required to sign and submit to the District a hold harmless agreement complying with RCW 28A.400.210. If an employee eligible for such sick leave contribution fails to sign and submit such agreement to the District, the District will not make sick leave cash-out contributions to the Plan at any time during the term of this agreement, and any and all excess sick leave which, in the absence of this agreement, would accrue to such employee during the term hereof shall be forfeited together with all cash rights that pertain to such excess sick leave.

Other:   All non-represented employees and administrators are eligible to participate in the plan.

The term of this policy shall be from _________________ to __________________.

 

                                                ________                    ______________________________

Signed for La Center School District                                     Date

 

 

Cross References:	6540 – School District’s Responsibility for Privately-Owned Property
	6535 – Student Insurance
	6500 – Risk Management
	5401 – Sick Leave
	2151 – Interscholastic Activities

Legal References:

	RCW 4.24.470 Liability of officials and members of governing body of public agency -Definitions RCW 4.24.470 Liability of officials and members of governing body of public agency — Definitions
	RCW 4.96.010 Tortious conduct of local government entities — Liability for damages
	RCW 28A.320.060 Officers, employees or agents of school districts or educational service districts, insurance to protect and hold personally harmless
	RCW 28A.320.100 Actions against officers, employees or agents of school districts and educational service districts — Defense, costs, fees — Payment of obligation
	RCW 28A.335.010 School buildings, maintenance, furnishing and insuring
	RCW 28A.400.350 Liability, life, health, health care, accident, disability and salary insurance authorized — when required — Premiums
	RCW 28A.400.370 Mandatory insurance protection for employees
	RCW 41.50.160 Restoration of withdrawn contributions
	RCW 50.20.050 Disqualification for leaving work voluntarily without good cause
	RCW 50.44.030(3) Political subdivisions, instrumentalities of this state and other state
	RCW 50.44.050 Benefits payable, terms and conditions — “Academic year” defined
	RCW 51.32.090 Temporary total disability — Partial restoration of earning power — Return to available work — When employer continues wages — Limitations
	29 U.S.C. 1161-1168 Consolidated Omnibus Budget Reconciliation Act
	Chapter 296-15 WAC Worker’s compensation self-insurance rules and regulations

 

Management Resources:	2010 – June Issue

 

La Center School District Adopted:  February 27, 2007, Revised: April 26, 2017