6530 Insurance

  • 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 their 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 their 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 Educational Service District 113 unemployment compensation pool so long as the terms of the agreement are satisfactory to the board and such participation continues to result in savings to the district in comparison to other means lawfully available to the district in fulfilling its unemployment insurance obligation to its former employees. 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

    Yelm Community Schools is self-insured through the Educational Service District 113 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 their 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 their 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 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 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 References:   
    Board policy  2151         Interscholastic Activities
    Board policy  5401         Sick Leave
    Board policy  6500         Risk Management
    Board policy  6535         Student Insurance
    Board policy  6540         School District Responsibility for Privately Owned Property

    Legal References: 
    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 when required – Premiums
    28A.400.370                 Mandatory insurance protection for employees
    4.24.470                      Liability of officials and members of governing body of public agency – Definition
    4.96.010                       Tortious conduct of local government entities – Liability for damages
    41.50.160                     Restoration of withdrawn contributions
    50.20.050                     Disqualification for leaving work voluntarily without good cause
    50.44.030(3)                Political subdivisions, instrumentalities of this state and other state
    50.44.050                     Benefits payable, terms and conditions –  “Academic year” defined
    51.32.090                    Temporary total disability – Partial restoration of earning power – Return to available work – When employer continues wages – Limitations
    29 U.S.C. A §§ 1161-1168         Consolidated Omnibus Budget Reconciliation Act
    WAC 296-15                Worker's compensation self-insurance rules and regulations

    ADOPTED:  03/24/1993
    REVISED: 04/23/98; 09/24/98; 07/22/10

     

6000 Policies