Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
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3530 AR Administrative Regulation

Risk Management/Insurance

Risk Management The Superintendent or designee shall take action to: - Identify the risks inherent in the operation of district programs, including physical sites, educational and experiential programs, computer networks and systems, employment and staffing, and transportation services, using methods that may include, but are not limited to, physical inspections, surveys, staff interviews, compliance reviews, contract reviews, review of policies and procedures, and consultation with experts - Analyze, evaluate, and prioritize identified risks based on the frequency and likelihood of the risk and the potential impact to the district - Develop strategies to reduce or mitigate risks such as new or modified policies, processes, or procedures; training or loss prevention programs; and/or additional or repairs to equipment, real property, computer networks, or other physical assets - Implement strategies to promote safety and prevent loss, taking into account the nature of the risks, the associated exposures, and the costs and benefits associated with the proposed response - Mitigate potential loss following an incident through activities such as effective claims management, litigation management, disaster recovery, or a modified duty program for workers' compensation The Superintendent or designee shall advise the Governing Board of any needed action requiring Board approval. Following any incident resulting in potential or actual harm or injury to a person or damage to property, staff shall promptly document the date and time of the incident, a description of the incident, and any persons present. Employees are expected to take reasonable precautions for the care and safety of the school equipment with which they have been entrusted. Employees may be held responsible for recurring damage or losses that occur due to their negligence or lack of supervision. Responsibilities related to safety and loss control shall be included in employee job descriptions. Insurance Insurance or risk pooled coverage shall include, but may not be limited to: - Liability insurance (Education Code 35200-35214) - Insurance against fire or other property (Education Code 17565) - Workers' compensation insurance (Labor Code 3700) - Fidelity bond insurance for employees whose duty includes handling district funds, and other employees as needed (Education Code 41021)

Legal & Management References

State
Ed. Code 17029.5 - Contract funding; board liability
Ed. Code 17565-17592.5 - Board duties; management and control of school property
Ed. Code 32350 - Liability on equipment loaned to district
Ed. Code 35162 - Power to sue, be sued, hold and convey property
Ed. Code 35200-35214 - Liabilities
Ed. Code 35208 - Liability insurance
Ed. Code 35211 - Driver training civil liability insurance
Ed. Code 35213 - Reimbursement for loss or damage of personal property
Ed. Code 35214 - Liability insurance (self-insurance or a combination of self-insurance and insurance through an insurance company)
Ed. Code 35331 - Provision for medical or hospital service for pupils (on field trips)
Ed. Code 39837 - Transportation to summer employment program
Ed. Code 41021 - Requirement for employee's indemnity bond
Ed. Code 44873 - Qualifications for physician (liability coverage)
Ed. Code 49470-49474 - District medical services and insurance
Gov. Code 820.9 - Members of local public boards not vicariously liable
Gov. Code 831.7 - Hazardous recreational activities
Gov. Code 989-991.2 - Local public entity insurance
Lab. Code 3200-4856 - Workers' compensation
Management Resources
Website - CSBA District and County Office of Education Legal Services
Website - Public Agency Risk Management Association
Website - California Department of Industrial Relations, Division of Occupational Safety and Health
Website - California Association of Joint Powers Authorities
Website - California Association of School Business Officials

Cross References

3314.2 BP Revolving Funds
3430 AR Investing
3440 AR Inventories
3512 AR Equipment
5131.1 AR Bus Conduct
5142 AR Safety
5143 BP Insurance