FCPS RISK Risk Management
Welcome to Risk Management ! The materials in this presentation are intended to help you. You should contact us if any of these issues are, or become, your responsibility, and you have questions. Risk Management, Office of the Comptroller Central Administration Building 8115 Gatehouse Road (571) 423-3620 Falls Church, VA 22042 (571) 423-3657 http://fcpsnet.fcps.edu/fs/budget/riskmanagement MaryJane.Fick@fcps.edu Harrison.Combs@fcps.eduTiffany.Wood@fcps.edu Lorena.Blalock@fcps.edu
Who YaGonna Call?To ask questions about… • Self-Insurance • Liability Claims and Coverage • Property Losses and Insurance Coverage • Student Accident and Medical Insurance • Risk Assessments • Parental Authorization and Acknowledgement of Risk Forms • Field Trips • Sponsorship of Activities or Events • Prohibited Student Activities • Water-Related Activities • Charity Drives and Fundraisers • Contracts Risk Management, Of Course!
Risk Management Web Site http:///fcpsnet.fcps.edu/fs/budget/riskmanagement • Approved & Certified Commercial Carriers and Vendors • Forms • Policies, Bylaws, and Regulations • Prohibited Student Activities List • PTAs and Booster Clubs • Fact Sheets • STARS Web • Student Insurance Info • and much more…
Our Mission… • Risk Management is committed to minimizing or eliminating risks that endanger the safety and well-being of FCPS’s students, staff, property, and financial resources. • Risk exposures are identified, measured, and analyzed, then appropriate treatments are implemented, treated, and possibly modified.
Our objectives… • To secure effective and economical commercial insurance, as needed • To identify and correct loss trends, and stabilize the cost of risks • To perform risk assessments in order to provide practical and useful recommendations • To optimize the loss prevention and loss control awareness within FCPS • To train and educate employees • To administer the School Board’s liability self-insurance program • To provide a professional standard in claims and litigation management.
Property Insurance • Risk Management is responsible for ensuring coverage for the property of FCPS (commercial insurance policy) • Deductible: $100,000 - per occurrence • Losses below $100,000 must be budgeted by RM, including • Theft • Water Damage • Vandalism • Other… • RM also pursues claims against the insurance carrier for applicable FCPS losses.
Other Insurance Coverages • Equipment Breakdown (boilers & other pressure vessels) • Bonding of employees • Fiduciary Liability (ER-FC and Employee Benefits). • VHSL-sponsored activities-related catastrophic injuries • Field Trips
Student Medical Insurance • Some parents mistakenly believe that the school division carries medical insurance for student injuries that occur at school. This is not true. FCPS provides no medical insurance for its students. • FCPS does make available for optional purchase a low-cost student accident insurance program: • Dental • At school • 24-hour • Football
Student Personal Property Losses • FCPS provides no coverage for students’ personal property losses suffered while at school, on school buses, or in any FCPS activity.
Confiscated Student Property • Confiscated property must be protected; once it is in the possession of a FCPS employee, care, custody, and control of the property is expected. • If the property is not properly secured, the School Board may be legally and financially responsible for reimbursement for the loss. • If a claim is made, RM will investigate.
Employee Personal Property Losses at Work • FCPS provides no coverage for personal property losses suffered by its employees while on the job. • Rare exceptions are made when extenuating circumstances warrant.
Liability Self-Insurance • FCSB adopted “The Plan” (Fairfax County School Board Liability Self-Insurance Plan) in 1986. • FCPS self-insures: • Vehicle Liability: School Board members, employees, authorized volunteers, while using FCPS owned, hired, or borrowed vehicles • General Liability: School Board members, employees, teachers, authorized volunteers. • School Board Legal Liability: School Board members, employees, teachers, authorized volunteers.
Claims Administration • Risk Management manages “the Plan” • RM funds ‘the Plan’ in order to pay claims FCPS owes • RM investigates claims for bodily injury and property damage • RM coordinates all liability lawsuits against FCPS and its employees/volunteers
RM needs to know all specifics of the event and verify that prohibited activities will not be involved Safety rules Certificate of insurance (for liability) RM needs to review contract or MOU RM will customize parental permission, as needed Risk Management Plan
Liability Implications for Student Activities • Many student activity issues have liability implications that are resolved quickly, while others require research, documentation, and coordination • Examples: • Amusements (moon bounce, dunk tank) • Unusual athletic events (5K run, wall climbing) • Child care in schools • Camping, hiking, caving • More…
What makes a field trip “unusual”? • Involves student safety or FCPS liability • Includes a water-related activity (e.g. amusement park, hotel swimming pool, etc.) • Involves overnight trip • Involves foreign travel
Water-Related Activities • Activities that involve going into or onto water always have risk exposures. • Several water-activities are prohibited and cannot be FCPS sponsored (water skiing, swimming pool parties, etc.). • School must follow specific guidelines when planning water-related activities.
Unusual Field Trips Request • RM must receive the completed request form & attachments at least 4 weeks prior to field trip. • Detailed itineraries are required (must include all activities that students may participate in). • RM will complete a risk assessment to determine the degree of risk for each activity, and return request to school.
Walking Field Trips Consider the following when planning a walking field trip: All routes require preapproval by the Office of Safety & Security Avoid busy intersections and areas that may be unsafe for a large group Monitor changing weather conditions Ensure that students are dressed appropriately for the activity and weather conditions (coats, proper shoes, etc.)
Prohibited Student Activities A prohibited activity cannot be sponsored by FCPS • Airplane or helicopter rides • All terrain vehicle rides • Auto racing • Bike riding • Break dancing • Bob Sledding • Bungee jumping • Canoeing • Circus sponsorship • Cruises (elementary level only) • Dodge ball • Dog Washing (except for Animal Science Program) • Fishing (with hooks)
Prohibited Student Activities • Gelatin, mud, and pudding wrestling • Hang gliding • Horse back riding • Hot air ballooning • Ice hockey • Kayaking • Motorcycle rides • Paint ball • Parasailing • Parties on watercraft • Rafting • Rappelling • Rowboating • Rugby
Prohibited Student Activities • Running in school hallways • Sailing • Scuba Diving • Skiing (Snow & Water) • Sky Diving • Snow Boarding • Surfing • Swimming pool parties • Tattooing • Trampolines • Tubing • Tug-of-War • Velcro wall
Liability Shields: Informed Consent Forms, Releases, Waivers, Permissions “If I had known about it, I would not have allowed my child to participate…” • Liability shields are used to limit and perhaps eliminate potential liability. • If something goes wrong and a student suffers bodily injury while participating in a FCPS activity, these forms may be used as evidence to a court that the school acted reasonably in informing parents of potential risk(s). • Parents must be given sufficient information to understand the nature and scope of the activity. Liability shields must clearly specify all significant risks.
Contracts & Agreements • Effective July 1, 2006 all contracts for services must include certifications regarding contractor’s employees criminal convictions (http://www.fcps.edu/fs/budget/riskmanagement/certifiedvendors.htm) • School contracts should not be signed without review by Risk Management . Only the principal, program manager, or designee may sign contracts. • The School Board’s self-insurance plan may not cover staff members who sign contracts without review by Risk Management. • Contracts may contain clauses, language, or other requirements that FCPS cannot satisfy. Risk Management will review these sections for possible modification or elimination. • Risk Management does not review contracts or agreements for the “best financial deal” for schools. The review process is designed to protect the School Board and its employees from potential liability situations.
Employees served with legal papers… • Anytime a FCPS employee is served with legal documents (lawsuit, a warrant-in-debt, subpoena) arising out of the operation of a FCPS motor vehicle or the general operation of the school division, RM should be notified immediately. • RM is responsible for determining appropriate liability coverage and engaging School Board attorneys to represent FCPS and its employees. • RM will advise employees about their rights and responsibilities .
RM PROCESS Modify Identify Track Analyze Treat Risk AssessmentsIs this activity too dangerous?Should it be eliminated?What precautions must be implemented? • Risk Assessments are a systematic, practical way of performing the risk management of specific events, activities, etc. • RM assesses the level of each risk and develops a plan to deal with those risks.
No “Portal to Portal” Responsibility! • Virginia Code 22.1-78 authorizes School Boards to discipline students for inappropriate behavior while they are on their way to and from school. • Disciplinary authority does not mean responsibilityfor supervising students while they are on their way to and from school.
Property LossesRegulation 5720 • ALL School Board property losses must be reported to RM within 30 days from the date of discovery of the loss. • Only losses over $300 per occurrence will be considered for replacement. Effective July 1, 2008, schools and departments are responsible for a deductible equivalent to 50 percent of the replacement cost for lost or stolen computers and equipment. • Please refer to Risk Management Fact Sheet Number 31 for proper claims procedures so that claim processing may be expedited.
Screening Volunteers • Devise a screening mechanism to help you match volunteers with projects. • Know the sources of your pool of potential volunteers. • Get to know the individuals! • Use a volunteer application form & personal interview. • Ask for personal references. • Keep a record of volunteers’ time and contact (and use it as reference base for future tasks).
Sponsorship of Activities & Events Who is sponsoring, FCPS, a PTA, or a booster club? Knowing the answer is imperative! Otherwise the activity may have inadequate insurance protection and organizers might be unexpectedly exposed to potential liability! If the event is FCPS-sponsored: • Advertise the activity as FCPS-sponsored. • Supervision of the planning, organizing, and completion of the activity is by FCPS employees. • Provide detailed information about the activity to parents. • Parents must provide signed permission forms for their child to participate. • Do not allow the school facility to be used without adhering to Community Use directives.
If the event is not FCPS-sponsored: • Do not advertise the activity as FCPS-sponsored. • Be sure that the sponsoring organization is in charge of planning and organizing, not FCPS employees! • Do not use school letterhead to advertise the activity. • Do not use school facility for the activity without the sponsoring entity adhering to appropriate Community Use directives. • Remind the other organization of its responsibility to provide its own liability insurance.
PTAs and Booster Clubs should consider… • Incorporating legally under Virginia Law to protect the personal assets of officers and members of an organization in the case of a lawsuit • Purchasing a liability insurance policy for financial protection. PTAs and booster clubs are excludedfrom coverage extended to FCPS,even if the activity or event is held on school property.
Golf Cart Use • Golf carts are for official use only and should be driven with care at all times. • Their use is limited to Physical Education teachers, coaches, athletic trainers and security personnel. • No student shall be permitted to drive the cart at any time. • The cart must be kept in a secure storage room. • When not in immediate use, the cart shall be parked away from pedestrian traffic, with the key removed and the wheels blocked to prevent rolling.
Car Bashing • This activity shall not be FCPS-sponsored • Organizations wishing to sponsor this activity on school grounds must apply for permission (form ADM-20), Application for Community Use of Schools Facilities & Grounds. • Proof of liability insurance is required. • Safety and security rules must be followed.
Inflatables • Take the following into consideration when planning a FCPS sponsored event that includes inflatables: • There are inherent risks involved with the use of inflatables. Risk Management Fact Sheet Number 64 provides further details about these risks. • Manufacturer’s recommendations, operating instructions, safety inspections, and maintenance procedures must be followed. • The device must be supervised and monitored at all times by properly trained personnel who understand and enforce the required safe practices for the unit. • The inflatable company must have insurance coverage. Obtain a Certificate of Liability Insurance from the vendor and send it to RM. • Send any vendor contract or waivers to Risk Management for approval. Only principal or designee can sign contracts. • Ask vendor to complete criminal certification documents and send them to RM.
Off-Campus Running • Training Course Design & Planning Training courses for student-athlete runners should be carefully planned: • Use on campus courses whenever possible. • When running on public roads, look for wide shoulders, paralleling sidewalks, and bike trails. • Administrative Approval All off-campus training courses require approval on an annual basis, following specific procedures determined by the Safety and Security Section.
Animals in the Classroom • The educational value of having an animal in the classroom must be weighed against potential for a bite, sting, or health hazard. • Exotic, poisonous or vicious animals and insects are prohibited. • Wild animals can be brought into the classroom only if direct supervision is provided by a trained professional. • Animals may cause allergic symptoms.
Campus Solicitation by (Insurance) Vendors • Only representatives of companies that are part of the official FCPS benefits program should be allowed to meet with employees on school grounds. • Schools should direct employees who have questions to the HR Employee Service Center (571)-423-3000.
Tree & Limb Damages fromFCPS-Owned Trees • Contact Ground Services initially to report the downed tree. If a downed tree causes damage to citizen property Risk Management should be contacted immediately. • If a tree was healthy, FCPS is not responsible and will not pay for damages. • FCPS will pay for damages caused by a dead tree/limb if we were aware of the tree’s condition. • Risk Management will investigate each incident on a case-by-case basis.
Flyers • FCPS does not allow sales flyers/promotions to go home with students, unless it is from a non-profit. • Fliers and other community materials must be related to the schools’ educational mission, be directed to students, not be harmful to children, be age-appropriate, and not be violations of the current versions of Regulations 2601 or 2612. • Send flyers to the Office of Communications and Community Outreach for review. • See Regulation 1367.2 for more information.
Open campus • Every student must attend school during prescribed hours. • A permission slip signed by a parent must be on file with the principal when a student leaves school premises during regular school hours for any reason, other than a medical emergency. • No school is to allow students off-campus during school hours without signed parental permission, and approval from the Superintendent/School Board.
Sea Containers • Facilities does not approve them; they are considered unsightly and potential areas for rodents. When rusted-out they become dangerous, and expensive to dispose of. • Schools should request an estimate for a permanent pre-cast concrete structure. No wood or metal.
Leasing Vehicles When leasing a vehicle for a non-field trip purpose: • Never lease a vehicle without liability coverage. Purchase the liability available at the maximum limits. • All potential drivers must be named on the lease. • Procedures for leasing vehicles for instructional field trips can be found in Regulation 5790.3.
When in DoubtCall Risk Management!!! Contact us with any questions or concerns