Insurance

Policy No. 6530

Management Support

Montesano School District No. 66

INSURANCE

All insurance programs of the district shall be managed as part of the district’s risk management  program.

Liability Insurance

The Montesano School 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 in surance 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 proper ty 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 dam ages 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 pro grams 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 contrib ute all or part of the cost of such insurance.

Unemployment Insurance

The district shall participate in the program lawfully available for fulfilling its unemployment in surance obligation that is most financially and administratively efficient. The unemployment  compensation program shall be reviewed annually by the board.

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Policy No. 6530

Management Support

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

Workers' Compensation

Montesano School District is self-insured through the ESD113 Workers Compensation Trust for  the purpose of providing industrial insurance benefits to employees who sustain job-related inju ries 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:

A. Medical costs resulting from job-related injuries or diseases are paid under the claim; and

B. Injured employees are paid a partial wage replacement while off work due to a job-related in jury 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):

A. Choose unpaid leave thus receiving only his or her entitled temporary total disability (TTD)  benefits, or

B. Elect to use a full day of accumulated leave (sick, annual or other similar benefit) in addition  to their entitled TTD benefits, or

C. 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 to ward 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 ex hausted, the district shall notify the staff member that the medical insurance benefits are exhaust ed and the premium is due. The district shall accept the premium from the staff member and re mit 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

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Policy No. 6530

Management Support

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 6535 Student Insurance

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 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

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Policy No. 6530

Management Support

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

Adoption Date: October 21, 2010

School District Name: Montesano School District

Revised: 04.98; 06.10

Classification: Priority

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