(1/3/2009)
RISK MANAGEMENT PLAN
______COMMUNITY UNIT SCHOOL DISTRICT #1
RISK MANAGEMENT PROGRAM
Adopted by ______CUSD #1
Board of Education on October 1, 2006
The ______Community Unit School District #1 shall have in operation a comprehensive Risk Management Program that shall reduce or prevent the District’s exposure to liability. It is of the utmost importance for the District: (1) to ensure that statutory and common law, health, and safety rights are extended to all visitors, employees, and students; (2) to make certain that the District’s buildings and grounds are maintained in a safe condition; and (3) to provide careful supervision and protection of all the District’s real and personal property, including vehicles.
The Tort Immunity Act (745 ILCS 10/9-101 et seq.) provides for a school district to levy a tax which, when collected, will pay the cost of risk management. In addition, this Section provides for funds raised pursuant to this Section to be used to pay for the cost of insurance, including all operating and administrative costs and expenses directly associated therewith, claim services and risk management directly attributable to loss prevention and loss reduction, education, inspection and supervisory services directly relating to loss prevention and loss reduction, to purchase claim services, to pay for judgments or settlements, or otherwise pay the cost of risk management program.
The District’s Risk Management Program shall provide for (1) identification of the various components of the Risk Management Program; (2) clearly delineated personnel responsibilities; (3) adequate insurance against liability exposure; and (4) identified and allowable costs for the maintenance of the Risk Management Program.
Risk management is a process that consist of: (1) identifying and analyzing loss exposures; (2) selecting a technique or combination thereof to be used to handle each exposure; (3) implementing the chosen techniques; and (4) monitoring the decisions made and implementing appropriate changes.
The general overall responsibility for the development and maintenance of the District’s Risk Management Program rests with the Superintendent of the District. The Superintendent shall be responsible for the development of the program, identifying the various components of the program, and the delegating of responsibilities for these components to the appropriate personnel. It is expected that the Superintendent would continually evaluate the effectiveness of the program and be apprised of needed revisions, additions, or deletions to the components and assigned responsibilities. It is also expected that, because of the delegation of responsibilities, the Superintendent would spend twenty percent (20%) of his/ her time toward the fulfillment of this portion of the Risk Management Program.
A primary component of the Risk Management Program is the provision of an insurance/compensation program that will provide protection to the District against liability. All (100%) of the insurance cost paid by the District are eligible expenses for the Tort Fund. Portions of this component shall include, but not limited to:
1. Purchase of Insurance Consultant Services, if needed.
2. Premiums for the various necessary insurance, including all liability insurance, property damage and fleet insurance, workers’ compensation, unemployment compensation, Personnel bonds, etc.
3. Payment of judgments or settlements arising against the District.
4. Payment of all legal fees connected with protecting or defending the District against liability.
5. Allowance for the time expended by assigned District personnel concerning the above-delineated assignments. These extra duties are not listed in their job description because they are extraordinary and above and beyond their regular duties.
The District’s Associate Superintendent is also assigned the responsibility for administration of this component to the Risk Management Program. He/she shall serve as the District’s liaison to the various consulting services, claim and adjustment services, and insurance companies. In addition, he/she shall be responsible for communications concerning claims against, or on behalf of the District. Because the Associate Superintendent is responsible for the insurance and claim component of the Program and the bidding of supplies and contractual services in such a manner that the District meets all the requirements for freedom from tort situations, which include meeting the requirements for toxic materials, equal opportunity employment, prevailing wage rates, comparable name equipment, responsible bidders, etc., it is expected that he/she will devote twenty percent (20%) of his / her time toward the fulfillment of these duties.
The District’s Risk Management Program in relation to the safe conditions of buildings and grounds shall be a primary responsibility of all general Maintenance and Custodial staff. His/ her responsibilities and duties shall include, but not limited to:
1. Development and identification of the various components of responsibilities concerning inspection of buildings, grounds, and equipment to provide a risk-free environment to the local district, its employees, and the public.
2. The maintenance of the legal and safe conditions of building and grounds. He/she is responsible for the District’s compliance with State and Federal Laws regarding employee and student health and safety, asbestos, radon, lead, etc.
It is expected that general Maintenance and Custodial staff will expend twenty five percent (25%) of his/her time directly related to fulfilling the responsibilities of his/her position in the district’s risk management/tort avoidance program.
The District’s Risk Management Program in relation to the safe conditions of buildings and grounds shall be a primary responsibility of the Maintenance Director and Custodial Supervisors. His/ her responsibilities and duties shall include, but not limited to:
1. All items listed above under the title of general Maintenance and Custodial. Within this parameter, he/she shall also be responsible for the supervision of all other custodial or maintenance staff performing duties within the Risk Management Program.
2. He/she shall be the District’s official Asbestos Management Director, and he/she shall be responsible for the training of the district custodial personnel to perform work on safety and health matters.
3. The bidding of supplies and contractual services in such a manner that the district meets all the requirements for freedom from tort situations, which would include meeting the requirements for toxic materials, equal opportunity employment, prevailing wage rates, comparable name equipment, responsible, bidders, etc.
It is expected that the Maintenance Director and Custodial Supervisors will expend twenty five percent (25%) of his/her time directly related to fulfilling the responsibilities of his/her position in the district’s risk management/tort avoidance program.
The District’s Risk Management Program in relation to the health and safety of District students and personnel is the responsibility of the Building Principal, Counselors, Teachers of Physical Education, Driver’s Education, Science, School Nurse, and Cooks. The degree of this responsibility (time invested) varies in accordance to each person’s assigned supervisory activities. They shall provide for the protection of students, personnel, and the general public and freedom from exposure to tort-producing situations that arise from, but not limited to:
1. Incidents in parking lots and on campus
2. Incidents in the lunchroom.
3. Incidents occurring during school athletic activities and other school-sponsored events.
4. Incidents occurring during physical education classes;
5. Incidents occurring in connection with the transportation of students, including the process of (a) student boarding, (b) riding, and (c) departing the school bus.
6. Incidents occurring during vocational classes.
7. Incidents occurring in science classes.
8. Incidents in connection with safety of students from school-related traffic hazards and exposure to risk.
9. Incidents due to acts of fellow students committed both in the classroom and outside the classroom
10. Incidents due to lack or insufficiency of supervisors on school grounds or during school-sponsored activities.
One of the primary responsibilities of the Nurse is the protection of the health and safety of students and personnel. This position is directly involved with the District’s compliance with state and federal health regulations. He/she is responsible for ensuring that the students have been physically examined in a legal manner. The Nurse has the additional risk management responsibility of reducing student/personnel exposure to communicable disease and other health and safety problems. Not only is he/she responsible for limiting exposure, but he/she is also responsible for the protection of students with specified health problems, health needs, and safety needs. It is expected that no less than fifty percent (50%) of his/her time shall be devoted to limiting/avoiding tort situations arising from the health, safety, and physical conditions of students and personnel.
One of the primary responsibilities of the Liaison Officer is the protection and safety of students, personnel, and visitors. This position is directly involved with the District’s Tort Management Plan. His additional risk management responsibilities include but are not limited to the following: supervise crowd control, coordinate lock down operations, mediate disputes, comfort emotionally upset persons, administration of first aid, evaluate potentially dangerous areas, vehicles, and/or persons, and encounter, subdue, and/or arrest any potentially harmful individuals. It is expected that no less than fifty percent (50%) of his time shall be devoted to limiting/avoiding tort situations arising from the safety of students, personnel, and visitors of the ______School District #1.
The percent of time working on risk management activities outlined by this plan shall serve as the maximum amount of their respective salaries that can be paid from Tort Funds. While it is recognized that many other positions include assignments that may create exposure to tort and risk situations, no effort has been made by the District to allocate a portion of their time to the Risk Management Program. It is expected that all teachers, aides, coaches, sponsors, and administrators will closely supervise their students and ensure that all students are protected from undue exposure to risk situations.
ADOPTION:
The ______Community Unit School District #1 Risk Management Program was originally adopted on October 1, 2007 at the regular meeting of the Board of Education.
______
Name, Board President Name, Board Secretary