All Bellingham Public Schools insurance programs will be managed as part of the district鈥檚 risk management program.
A. 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.
B. Property Damage Insurance
The district will maintain a comprehensive insurance program which will provide adequate coverage in the event of loss or damage to school buildings and/or equipment, including motor vehicles.
C. 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 medical, dental, vision, liability, life,聽 accident, disability, salary protection or insurance, direct agreements as defined in chapter 48.150 RCW, or any one of, or a combination of these types of insurance and may contribute all or part of the cost of such insurance to the extent permitted by law.
D. 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.
The district will maintain the records required by the state employment security department and retain them for not less than four years.
E. Workers’ Compensation
The district is insured through the Washington State Department of Labor and Industries to provide industrial insurance benefits to employees who sustain job-related injuries or occupational diseases. Employees are protected in two ways:
- Medical costs resulting from job-related injuries or diseases are paid under the claim; and
- 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):
- Choose unpaid leave, thus receiving only his or her entitled temporary total disability (TTD) benefits, or
- Elect to use a full day of accumulated leave (sick, annual or other similar benefit) in addition to their entitled TTD benefits, or
- Elect to use a proportionate share of accumulated leave to make up the difference between the workers鈥 compensation payments and the employee鈥檚 regular pay at the time of injury.
The district will deal fairly with employees and give equal consideration to their interests regarding industrial benefits.
F. Medical Insurance
Per state law, the district will offer eligible employees all benefits offered by the School Employees Benefits Board (SEBB), administered by the Washington State Health Care Authority (HCA). The district will pay the employer contributions to the HCA for SEBB insurance coverage for all eligible employees and their dependents as mandated by state laws and the rules promulgated by the HCA.
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鈥檚 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 References: | Content |
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Policy 5401 Sick Leave |
Legal References: | Content |
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RCW 4.24.470 – Liability of officials and members of governing body of public agency 鈥 Definitions 4.96.010 – Tortious conduct of local government entities 鈥 聽Liability for damages 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 鈥 Defense, costs,聽fees 鈥 Payment of obligation 28A.335.010聽 – School buildings, maintenance, furnishing and insuring 28A.400.350 – Liability, life, health, health care, accident, disability and salary聽insurance authorized 鈥 when required 鈥 Premiums 28A.400.370 – Mandatory insurance protection for employees 41.50.160聽 – Restoration of withdrawn contributions 50.20.050聽 – Disqualification for leaving work voluntarily without good cause 50.44.030(3)聽 – Political subdivisions, instrumentalities of this state and other state 50.44.050聽 – Benefits payable, terms and conditions 鈥 鈥淎cademic year鈥 defined 51.32.090聽 – Temporary total disability 鈥 Partial restoration of earning power 鈥斅燫eturn to available work 鈥 When employer continues wages 鈥 Limitations 29 U.S.C. 搂搂 1161-1168聽 – Consolidated Omnibus Budget Reconciliation Act Chapter 296-15 WAC聽 Worker’s compensation self-insurance rules and regulations Chapter 182-30聽WAC Procedures Chapter 182-31聽 WAC Eligible school employees
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Management Resources: | Content |
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Management Resources:聽 聽 聽 聽 聽 聽Policy News, June 2010聽聽聽聽聽聽聽 Workers鈥 Compensation
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