Kretzmer

SISICEL= INSURED SCHOOLS OF CA. IFORNIA

Schools

HelpingSchools

SCHOOL SITE CREATIVITY

ASSOCIATION OF

CALIFORNIA SCHOOL

ADMINISTRATORS

NOVEMBER 81 2013

Robert J. Kretzmer, Director, SISC IISelf- Insured Schools of California

2000 K Street, Bakersfield, CA 93301PO Box 1847, Bakersfield CA 93303- 1847

661- 636- 4708

SISC 1 1 PROPERTY & LIABILITYSELF- INSURED SCHOOLS OF CALIFORNIA

Schools

HelpingSchools November 8, 2013

Association of California School Administrators

1029 J Street, Suite 500

Sacramento, CA 95814

RE: School Site Creativity and Why Fire Eating Contests Are Not Allowed at Backto School Nights

Dear Attendees,

Thank you for allowing me to speak with you today.

The challenges faced by school districts throughout the State of California are complexand varied. This morning' s presentation is designed to provide you with information thatmay be helpful in assessing potential liability exposures that may confront you in thefuture. The documents contained in this booklet represent the efforts of manyindividuals within Self-Insured Schools of California ( SISC) over the years and provide

insight into how we as an organization approach some of the safety and loss issuesconfronted by our member districts.

In the event you have comments or questions regarding SISC, please do not hesitate tocontact Nick Kouklis, Chief Executive Officer, at 661- 636-4688. Thank you again for

your attendance today.

Very truly yours,

Robert J. Kretzmer

Director, SISC 11

RJK:sh

P. 0. Box 1847 Bakersfield, CA 93303- 1847 • http:// sisc. kern.org/pl/2000 K Street- Larry E. Reider Education Center Bakersfield, CA 93301 ( 661) 636- 4495 • FAX( 66/) 636- 4418

A Joint Powers Authority administered by the Kern County Superintendent of Schools Office, Christine Lizardi Frazier, Superintendent


November 8, 2013

Table of Contents

1. Animals in Schools

Partnering with a local veterinarian can help ensure proper animal selection as well as ensure thehealth of the animal."

2. Bleacher Inspections

The Consumer Product Safety Commission ( CPSC) recommends guardrails be present on thebacks and portions of the open ends of bleachers where footboard, seat board, or aisle is 30

inches or more above the floor or ground below."

3. Interactive Process

The employer must engage in the interactive process even if the employee does not request an

accommodation. If the employer has a reason to believe that an employee might require an

accommodation, the employer should initiate the interactive process."

4. Hazardous Recreational Activities

The California Government Code Section 831. 7 gives public entities statutory immunity for

injuries arising out of participation in a hazardous recreational activity."

5. Holiday Safety

teachers often decorate their rooms with festive themes for the holiday season. The

abundance of paper decorations can present a serious fire hazard."

6. Laboratory/ Science Class Safety

Discontinue the practice of ' attention getting' demonstrations that involve an uncontrollable

release of energy, or heat, or cause an unpredictable, unmeasurable reaction."

7. Maintainin g PlaygroundsSafe Pla rounds

The National Playground Safety Institute ( NPSI) has identified twelve of the leading causes ofinjury on playgrounds."

ACSA

November 8, 2013

Page 2

8. Mold Update

Indoor dampness and mold ( fungal growth) are common problems in California and worldwide.

To date, no clear state or federal policy has been issued on how to assess the health risks thatdampness and mold pose to building occupants." September 2011 " Statement on Building

Dampness, Mold, and Health" from the California Department of Public Health.

9. Public Records Act Request

Each agency, upon a request for a copy of records, shall, within 10 days from receipt of therequest, determine whether the request, in whole or in part, seeks copies of disclosable public

records in the possession of the agency and shall promptly notify the person making the requestof the determination and the reasons therefore." Government Code Section 6253(c).

10. School Environments

Display materials must also be located four feet from room exits and corners and nothing shouldbe located overhead or hanging from the ceiling."

11. Statement of Facts: Current Filing with the Secretary of State

A failure to maintain current information could result in loss of the protections of the Tort Claims

Act."

12. Student Fees

School districts and schools shall not establish a two-tier educational system by requiring a

minimal educational standard and also offering a second, higher educational standard that pupilsmay obtain through payment of a fee or purchase of additional supplies that the school district orschool does not provide." Education Code Section 49011( b)( 3).

13. The Tort Claim

Public entities need to be on the lookout for any written documentation which might constitute aclaim as presented."'

14. Transporting Students

Every effort should be made to put a school bus driver behind the wheel of a vehicle that istransporting students. Licensed school bus drivers are subject to ongoing training and educationthat helps to make them the safest drivers on the road."

Addendum

1. Glossary of Terms2. What I' ve Learned: by Andy Rooney

RJK

11/ 08/ 2013

SELF- INSURED SCHOOLS OF CALIFORNIA

PROPERTY & LIABILITY UPDATE

OCTOBER 15, 2012

ADVISORY REGARDING ANIMALS IN SCHOOLS

According to the National Science practice is acceptable if the following disease transmission. Several sources

Teachers Association, " Observation conditions are met. Only have listed the following animals asand experimentation with living or- " professional" animal handlers should unacceptable for the classroom:

ganisms give students unique perspec- be allowed to bring animals onto cam-tives of life processes that are not pro- pus for viewing/ demonstration. Prior Poisonous animals ( spiders,

vided by other modes of instruction. to administrative approval, all animals snakes, venomous insects).

Studying animals in the classroom handlers should be able to produce the

enables students to develop skills of following: Wild, non- domestic, animals

observation and comparison, a sense especially those at high risk forof stewardship, and an appreciation A certificate of insurance that rabies; armadillos have been

for the unity, interrelationships, and covers the handler and names implicated in Hansen disease;

complexity of life." Beyond that, kids the district as an additional in- Salmonella in hedgehogs; tuber-

just like animals. sured. culosis in brushy- tailed opos-sums; Hantavirus and leptospi-

The following information is meant to A list/ description of all prior rosis in wild rodents).

provide guidance to district adminis- incidents/ injuries involving ani-trators as they consider incorporating mal viewing and demonstration Wolf-hybrids ( crosses between

the use of animals into school pro- or certification that no such inci- wolf and dog).grams. dents/ injuries have occurred.

Stray animals ( dogs and cats—Animals On Campus A list of precautions to follow to particularly those less than oneDistricts should discourage the prac- prevent injury to students, in- year of age).

tice of students or teachers bringing cluding a description of appro-household pets onto campus. Such priate student behavior and ap- Baby ducks and chicks ( high riskpets" pose an unknown risk of dis- propriate participant age. of Salmonellosis and campylo-

ease, scratching, and/ or biting injury. bacteriosis).

There have been several reports of The following section outlines theinjury to individuals in SISC member animals that are inappropriate to

districts from incidents involving an house in schools and may also be usedinstructor' s pet that was brought to as guidance for evaluating animalthe school site. Instructors should viewing/ demonstrations brought ontoalso be aware that they might be held campus. seheol.

personally liable in the event their pet sdWoSchools

injures someone or damages property. Animals Housed On Campus

Although an instructor may feel that2000 K Street

g y Although housing animals in class- Bakersfield CA 93301

his or her pet is safe, or a student may rooms is popular, care should be takenPO Box 1847

want to bring a pet for class viewing, in the selection of such animals as well Bakersfield CA 93303- 1847the risks outweigh the benefit in most as the ongoing maintenance and han-cases. dung. Phone: 661- 636- 4604

Fax: 661- 636- 4418

Schools often have outside vendors or Some animals are not appropriate

animal handlers bring nimals forHTTP:// S[ SC. KERN. ORG/ PL

g choices to house on campus because of

viewing and/ or demonstration. Such the potential risk of injury and/ or SCHOOLS HELPING SCHOOLS

Aggressive animals ( an animal dis- priate to the species. If possible a cer- If you have any questions or would likeplaying unprovoked threatening tificate of health should be obtained by additional information, please contact

behavior should be removed from the supplier or a veterinarian before your SISC II Safety representative atthe classroom). introducing the animal to the class. 661) 636-4604.

Other animals that should not be An effort should be made to minimize By: Safety and Loss Controlbrought onto campus include: wild student handling of animals, especially inbirds, snapping turtles, bats or elementary classes, in order to reduceskunks. the risk of transmission of disease, bacte-

ria, and ringworm. Limited student

Reptiles are notorious for carrying sal- handling also reduces the risk of bitesmonella, especially turtles. For this and/ or allergic reactions/ aggravations.

reason many schools have opted not to Students should not be charged with

have reptiles in the classroom. cleaning pens and/ or cages unless they

are closely supervised, gloves are worn,The " safest" animals are those that are and strict procedures are followed. This

handled and exhibited in an appropriate activity significantly increases the risk ofmanner. Clearly, the small mammals disease transmission and allergic reac-

pose the least threat to children with tions if not controlled properly.regard to disease transmission. These

include mice, hamsters, gerbils, rats, Although it is common for students to

and rabbits. Hamsters and gerbils are take class animals home during week-known to be biters so the other species ends or over school breaks, such prac-

are preferable. None of these species tices should be carefully planned andare known to transmit rabies to humans. controlled. Written permission and

acknowledgement from the student' s

Partnering with a local veterinarian can parent or guardian should be obtained in

help ensure proper animal selection as advance to sending the animal homewell as ensure the health of the animal. with the student.

Whenever feasible, animals that are Also, explicit written procedures outlin-

brought into the classroom should be ing how to properly care for the animalcleared by a veterinarian before entering should accompany the animal to the stu-the class. In addition, strong considera- dent' s home. If there is any questionstion should be given to allowing only regarding the animal' s health or safety,animals bred in captivity to be housed on the instructor should not send the ani-

campus due to the wide variety of dis- mal to the student' s home.

eases carried by" wild" animals. Animalsmust have current vaccinations appro-

LIABILTY

ROBERT KRETZMER ELSA LAR CAROL RAY HILDA TABORADIRECTOR CLAIMS EXAMINER 11 CLAIMS EXAMINER 11 CLAIMS EXAMINER 1661. 636.4709 661. 636.4' 736 661.636.4871 661.636.4206rokretzmer@kern. org ellara@kern. org [email protected] [email protected]

RYAN BOURGET DUNCAN LOW TIM RIDLEY TY TAYLORADJUSTER 1 COORDIN TOR SAFETY SPECIALIST ADJUSTER 11661. 636. 4606 661. 636. 4 63 661. 636.4376 661. 636. 4601rybourget @kern. org dulow @ke n. org tiridley@kern. org tytaylor @kern. org

ROXANN DAILEY- WEBB LILIA MO kENTIN RANDYE ROGERS PAT TUMBARELLOADJUSTER 1 ADMIN. SECRETARY SAFETY SPECIALIST ADJUSTER 11661. 636. 4848 661. 636. 4- 95 661. 636.4607 805.929.5950

rodailey @kern.org limorentin@)kern.org rarogers @kern. org patumbarello@kern. org

SANDI HARVILLE SABRINA AOTEN JOE SINGLETARY VALARIE WAGNERSECRETARY 11 CLAIMS AS' ISTANT SAFETY SPECIALIST LEAD CLAIMS EXAMINER661.636.4604 661. 636. 4' 714 661. 636.4605 661.636. [email protected] [email protected] josingletary @kern. org [email protected]



SEPTEMBER 1, 2012

BLEACHER INSPECTIONS

As school begins districts prepare to oc- Outdoor Bleachers that could provide a foothold for

cupy facilities or use equipment that may 1. All structural members should be climbing, the widest measurement

have been unused throughout the sum- intact without any broken or missing of the opening where the footmer. Before such facilities and/ or equip- components. could rest should be limited to a

ment are placed back in service, the dis- 2. All welds should be free of flaws, maximum of 1. 75 inches. Open-

trict should conduct inspections to ensure breaks, or separations. ing patterns that provide a ladderthey are safe for their intended use. 3. Foot boards and seating areas should effect should be avoided.

be properly secured and free fromOne area of concern is bleachers. Indoor cracks, splinters, and exposed screws 3. Where visibility would not be sig-and outdoor bleachers can present a risk or bolts. nificantly impaired, use solid mem-

to users if they are not properly main-bers.

tained and in proper working order. Dis- Guardrails

tricts should be aware of the following The Consumer Product Safety Commis- See guardrail diagram on page 2

when inspecting and repairing bleachers: sion ( CPSC) recommends guardrails be

present on the backs and portions of the Please contact your SISC Safety Special-

Indoor Bleachers open ends of bleachers where the foot- ist at ( 661) 636-4604 if you have any

1. All motorized components should be board, seatboard, or aisle is 30 inches or questions.

tested to ensure they are operating more above the floor or ground below.

properly. Motors should run Bleachers with the top row nominally 30 By: Safety and Loss Control

smoothly without any bind or stress inches above the ground may be exemptto the unit. Floor areas must be kept from this recommendation.

clear of debris and/ or obstructions to

ensure the assemblies operate prop- The top surface of the guardrail should

erly. be at least 42 inches above the leading2. Manual mechanisms should also be edge of the footboard, seatboard, or

tested to ensure all the components aisle, whichever is adjacent. When

are working properly and that the bleachers are used adjacent to a wall that

unit can be raised and lowered com- is at least as high as the recommended

pletely and smoothly. guardrail height, the guardrail is not nec-

3. The brake mechanism should be in essary if a 4- inch diameter sphere fails to i t

place to help prohibit free rolling pass between the bleachers and the wall.

while in the extended position. Any opening between components of the4. All structural members should be in guardrail or under the guardrail should

good condition, free from any prevent passage of a 4- inch sphere. 200eld

K Street

breaks, bends, irregularities, or miss-

Bakersfield 93301

ing components. To discourage climbing on guardrails, PO Box 1

Bakersfield CA 93303- 18475. Foot boards and seating areas should guardrails should be designed in one of

be properly secured and free from three ways: Phone: 661- 636- 4604

cracks, splinters, and exposed screwsFax: 661- 636- 4418

or bolts. 1. Use only vertical members as in-fillHTTP:// SISC. KERN. ORG/ PL

between the top and bottom rails.2. If there are opening in the in- fill SCHOOLS HELPING SCHOOLS

Guardrail are shown in dashed lines. I

Retrofitted members to close openings are shown in solid black.

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ROBERT KRETZMER ELSA LARA CAROL RAY HILDA TABORA

DIRECTOR CLAIMS EXAMINER 11 CLAIMS EXAMINER 11 CLAIMS EXAMINER 1

661.636.4709 661. 636.4736 661.636.4871 661.636.4206

rokretzmer @kern. org ellara@kern. org [email protected] [email protected]

RYAN BOURGET DUNCAN LOW TIM RIDLEY Ty TAYLOR

ADJUSTER 1 COORDINATOR SAFETY SPECIALIST ADJUSTER II

661.636. 4606 661. 636.4863 661. 636.4376 661. 636.4601

rybourget@kern. org dulow @kern. org tiridley @kern.org tytaylor@kern. org

ROXANN DAILEY- WEBB LIL1A MORENTIN RANDYE ROGERS PAT TUMBARELLO

ADJUSTER I ADMIN. SECRETARY SAFETY SPECIALIST ADJUSTER II

661. 636. 4848 661. 636. 4495 661. 636.4607 805.929.5950

rodailey@kern. org limorentin @kern.org rarogers @kern. org patumbarello @kern.org

SANDI HARVILLE SABRINA MOTEN OE SINGLETARY VALARIE WAGNER

SECRETARY Il CLAIMS ASSISTANT SAFETY SPECIALIST LEAD CLAIMS EXAMINER

661.636.4604 661. 636.4414 661. 636.4605 661.636.4694

[email protected] samoten@kern. org josingletary@kern. org [email protected]


PROPERTY & LIABILITY UPDATEOCTOBER 17, 2012

HAZARDOUS RECREATIONAL ACTIVITIES

Background ties such as regular field trip activities, trav- Further, school sponsored or school

A hazardous recreational activity is de- eling in general, traditional sports programs supervised events conducted on school

fined in Government Code 831. 7 § ( b) ( although many involve contact), or tradi- property have been held to fall outsideas "... recreational activity conducted tional P. E. programs. the scope of the immunity— sports

on property of a public entity whichactivities, physical education classes,

creates a substantial, as distinguished Should a District choose to engage in one etc.

from a minor, trivial, or insignificant of these activities, very careful

Y to a participant P

considera-

risk of in spec- tion should be given before proceeding. Education Code 44808 providesPant or a s

tator." SISC strongly recommends that the mem- immunity to school districts for injuriesber district consult with their assigned occurring off school property.

Activities that are listed specifically in Safety and Loss Control Specialist before Education Code 35330 ( field trip)the code include: engaging in any activity. In addition, it provides school districts with immunity

must be noted that SISC takes the position for injuries arising out of a field trip orAnimal riding ( including eques-

that these activities do not qualify for Stu- excursion.

trian competition) . dent Accident Coverage contained within

Archery. the Memorandum of Coverage ( see Sec- Although the above code sections

Bicycle racing or jumping. tion VIII in the Memorandum). outline immunity that school districts

have available, there are many issuesMountain bicycling.

Immunity that can undermine or eliminate that

Boating. immunity. Such issues include:The California Government Code 831. 7 § YCross- country racing.

a) give public entities statutory immunityOff-road motorcycling or four-

for injuries arising out of participation in a • Whether an activity is a school-wheel driving of any kind.

hazardous recreational activity. This im- sponsored activity.

Orienteering. munity provides that, " Neither a public • Whether the district transportsPistol and rifle shooting. entity nor a public employee is liable to students to and from the activity.Orienteering. any person who participates in a hazardous • Whether the district assumes

Rock climbing. recreational activity... for any damage or responsibility for the studentsRacketeering. injury to property or persons arising out during the activity.Rodeo Activities. of that hazardous recreational activity."

Spelunking. However, there are circumstances that

Sky diving. limit this immunity; therefore, it is

Sport parachuting. important for the District to protect its X 1

Surfing.interest. sawa.

Paragliding. The intent of the code and attending cases

Body contact sports ( i. e., sports in 2000 K Streetappear clear, the immunity is afforded

Bakersfield CA 93301which it is reasonably foreseeable

when someone voluntarily engages in athat there will be rough bodily

PO Box 1847hazardous recreational activity on the Bakersfield CA 93303- 1847

contact with one or more partici- public entity' s premises. There is a

pants). question whether or not a district would

Phone: 661- 636-4

have immunity for an off-premises clubFax: 661- 636- 4418

Please keep in mind that this informationactivity. HTTP:// SISC. KERN. ORG/ PL

pertains to hazardous recreational activi-

ties only. It is not meant to cover activi- SCHOOLS HELPING SCHOOLS

Whether a known dangerous hazardous recreational activities under protection in all circumstances. In fact if

condition is guarded or warning the law, therefore, the district would not carefully crafted and properly imple-given. have not immunity. This is not to mented, a waiver may provide no protec-

suggest that districts avoid after-hours tion at all.

All of these issues serve as measures that practices; they should, however, do socan eliminate immunity. knowing they are responsible for the SISC does have a model Voluntary Ac-

safety of the students. tivities Participation Form, which can be

School- sponsored Activity modified for specific activities. It can be

One of the first issues involves whether Transportation downloaded from our website at

the activity is considered a " field trip or Whether the district provides http:/ sisc. kern.org/ pl/ forms/.excursion' or a " school- sponsored transportation to an activitiy is another

activity." This determination identifies measure in determining if immunity shall The most common requests we see from

which immunity section prevails. Field be provided. In general when a district member districts involve surfing clubs,

trip immunity is absolute and, therefore, provides transportation to an activity it skiing clubs, and various water activities.the district would enjoy immunity. can be argued that the activity becomes a The best way to organize such an activityHowever, it is questionalbe whether a school- sponsored activity and the district to preserve all of the immunities availablesurfing club would be considered as a becomes responsible for the safety of the is to:

field trip or excursion. The Castro court students. However, this is only onenoted that a " field trip" is defined as a argument; transportation alone will not • Allow students to organize their

visit made by students and usually a be the determining factor. own club ( that is not district-

teacher for purposes of first hand sponsored).

observation ( as to a factory, farm, clinic, Supervision Participates and parents would be

museum). " Excursion' means a journey As with the transportation issue, when required to sign activity waivers

chiefly for recreation, a usual brief the district assumes supervision of the and acknowledgement forms if the

pleasure trip, departure from a direct or students the immunity provided under club activities are coordinated or

proper course, or deviation from a Ed. Code 44808 is removed and the conducted on school property.

definite path." district becomes responsible for the • The activity is completely voluntarysafety of the students while the students and is in no way tied to curriculum

From this definition it could be easily are, or should be, under the immediate or is compulsory in any way.argued that the ongoing activities of the and direct supervision of a district • Any transportation is provided byclub would not qualify as a field trip; employee. The functions of a club the participants, not the district.

therefore, it is unlikely that the district advisor include: supervising, directing,would have immunity under Ed. Code and coordinating the activities of the The next level of protection involves

35330. The provisions of Ed. Code students. From these functions— organizing the activity as follows. Al-

44808 would still provide immunity ( for approved by the district— comes the though immunity is reduced, there is stilloff-premises activities) if the club were responsibility for the students. some margin of protection for the dis-

not district sponsored. The off-premises trict.

immunity provided under section 44808 Because hazardous recreational activities

is eliminated when the district sponsors are recognized in the code as having a • The activity is part of a district-the activity and assumes responsibility substantial risk of injury and because of

sponsored club.

supervision) of the participating studens, the issues that so easily eliminate •

Ensuring adequate supervision.immunity, careful consideration needs to •

Ensuring any volunteers are prop-Whether an activity is a " school- be given and consultation with a SISC

erly cleared ( fingerprinted if neces-sponsored" activity also bears on the Safety and Loss Control Specialist isavailable immunity under Gov. Code recommended before embarking on any

Part).Participants and parents would be

831. 7 ( relating to hazardous recreational such activity.required to sign activity waivers

activities). In general courts have heldand acknowledgement forms.

that as a matter of law, " hazardous Application of Waivers and • parents are required to sign field

recreational activities" do not include Releasesschool- sponsored extracurricular

trip/ excursion permission formsP However, we do acknowledge that some for every trip or off-campus activity

activities under the supervision of schooldistricts choose to undertake such activi-

personnel. In other words off-seasonties in spite of the increased risk. In

sport practices that are conducted withp The activity is completely voluntary

sp P these cases " assumption of risk" waivers

and is in no way tied to curriculumthe coach present or after-hour practicesare used in an attempt to mitigate liabil-

with a coach present, or any after-schoolP g or is compulsory in any way.

ity. These waivers do have some limited • Transportation should not be pro-

school

program that are supervised by P Peffectiveness, but it should be understood

vided b the district.school personnel are not considered

that waivers will not provide completey

CIF Approved Sports since some activities simply carry too

The following activities are approved CIF much risk and are best left to outsidesports. Each sport has specific CIF rules clubs or venues.

and CIF has jurisdiction over the activitywhen conducted as a competitive sports Please contact your SISC Safety Specialist

team). It is SISC' s recommendation that at ( 661) 636- 4604 if you have any ques-districts limit extracurricular clubs and tions.

other school- sponsored extracurricular

activities to the following:By: Safety and Loss Control

Badminton Skiing& SnowboardingBaseball Soccer

Basketball Softball

Cross- country Swimming& DivingField Hockey Tennis

Football Track& Field

Golf Volleyball

Gymnastics Water Polo

Lacrosse Wrestling

Even though a district chooses to author-

ize one of the above activities as a club in

lieu of an official district sports team, the

club should still be conducted under CIF

rules as applicable.

Conclusion

When in doubt please contact your SISC

Safety& Loss Control Specialist for guid-

ance. Often times your Specialist can

make recommendations that can helplimit the risk involved with a certain ac-

tivity in order to provide maximum pro-tection to your district. Your Specialist

may recommend against a certain activity

ROBERT KRETZMER ELSA LARA CAROL RAY HILDA TABORADIRECTOR CLAIMS EXAMINER II CLAIMS EXAMINER II CLAIMS EXAMINER I

661. 636.4709 661. 636.4736 661.636.4871 661.636.4206rokretzmer @kern. org ellara@kern. org caray @kern.org [email protected]

RYAN BOURGET DUNCAN LOW TIM RIDLEY TY TAYLORADJUSTER I COORDINATOR SAFETY SPECIALIST ADJUSTER 11

661. 636.4606 661. 636.4863 661. 636. 4376 661.636.4601rybourget@kern. org dulow@kern. org tiridley @kern.org tytaylor @kern. org

ROXANN DAILEY- WEBB LILIA MORENTIN RANDYE ROGERS PAT TLIMBARELLOADJUSTER I ADMIN. SECRETARY SAFETY SPECIALIST ADJUSTER 11

661. 636.4848 661. 636.4495 661. 636. 4607 805.929.5950

[email protected] limorentin@kern. org rarogers @kern.org patumbarello @kern. org

SANDI HARVILLE SABRINA MOTEN JOE SINGLETARY VALARIE WAGNERSECRETARY II CLAIMS ASSISTANT SAFETY SPECIALIST LEAD CLAIMS EXAMINER661.636.4604 661, 636.4414 661. 636.4605 661. 636.4694saharville @kern.org samoten @kern. org josingletary@kern. org vawagner@kern. org

i SELF- INSURED SCHOOLS OF CALIFORNIA

i

PROPERTY & LIABILITY UPDATEOCTOBER 1, 2012

HOLIDAY SAFETY

Use of DrIy Icedoes not recommend the use of drIt' s the time of year for fall carnivals,

SISC Y

proms, and homecoming football games. ice by a district under any circumstances.The season brings with it the potential use

The hazards outweigh the benefits.

of dry ice to enhance the atmosphere ofthese events. Therefore, this Update

serves as a reminder of the hazards regard- Christmas Trees at School Sites

ing dry ice and SISC' s recommendation The Christmas season will soon be here

against its use. and SISC wants to make sure that school

districts are aware of county and stateDry ice is listed as a hazardous material by guidelines with respect to the maintenance

the federal government. Students should and decoration of Christmas trees so that

not be using or handling dry ice under any children and staff can enjoy a safe, happycircumstances. Hazards associated with Christmas season.

the use of dry ice include:To that end SISC has adopted the Kern

Burns: Dry ice is a cryogenic material County Fire Department guidelines forthat can cause severe frostbite burns to Christmas trees as the minimum standard

skin. for all SISC II member districts.

Explosion: If stored in an airtight con- In addition to Christmas trees, teachers

tainer, pressure may build potentially often decorate their rooms with festive

causing an explosion. themes for the holiday season. The abun-dance of paper decorations can present a

Toxic: Although dry ice is not poison- serious fire hazard. The limitations on

ous, it could be fatal, or at least cause decorative materials should be reviewed at

severe damage to internal organs, even this time to help coordinate safety withif a small piece is ingested. holiday decorating.

Suffocation: If used in confined areas, If you have any questions, please contactthe carbon dioxide emitted may dis- your Safety and Loss Control Specialist atplace oxygen causing an oxygen defi- ( 661) 636- 4604.

Fkslpi

cient environment. sch" s

By: Safety and Loss Control 2000 K Street

Dry ice may alsoIt "!

Bakersfield CA 93301

be used in science PO Box 1847

programs. School Bakersfield CA 93303- 1847

administration ` Phone: 661- 636-4604

should inform "Fax: 661- 636-4418

staff that the use

of dry ice by any student is prohibited.HTTP:// SISC. KERN. ORG/ PL

SCHOOLS HELPING SCHOOLS

L

KAffn County Fire DeparbrAmt

Standard No. 1103.3- 1

Fwe Preventbn

Christmas Trees Fffe hfimstW

Previously Standard 11. 2-1)

L- ReWkett November 1, 2002

This Standard is promulgated in accordance with Section 1. 104ofthe Kem County Fre Code and isthe official interpretation of Section 3.08 of Title 19 and Section 1103.3.3.1 of the Kern County FWreCode which states that Christmas trees must be flame retardant treated.

BACKGROUND

Christmas trees become a serious fine hazard as they aW and dry. Once ignited, Christmas truesbum violently. The tremendous heart generated by a burning Christmas tree can easily spread tothe remainder of ft building paths.

The potential hazard created by Chnstmas trees must be mitigated-" Therefore, Christmas treeswhich are placid inside of any occupancy, ex Group Occupancies and I' and gayest

rooms of R Occupancies, shall be either live or flame retardant treated, or shall bemaintained fire safe.

REQUIREMENTS

I_ General Requirements

I_ Christmas trees shall not be placed in a location which would obstruct or tires

enwn:Kmcy egress-

2. Christmas trees shall not be placed within fivie( 5) feet of any ignition source.

3. The free shall be nuintained in a fire safe condition

A There are 3 methods of satisfying these requirements

a). The tree can receive a Ike retardant treatment in accordance with

Section IL

b). The tree can be a living Christmas tree and maintairied in accordancewith Section 111.

c). The tree can be maintained as a * fire safe Ctuistmas tree" in

accordance with Section 1V.

11_ Fire Retardant Treatment

1. The cut Chrisftnas trace shall be made flame resistant by application of a flameretardant chemical approved by the California State Fry: al.

Page 1 of 3

Standard No,. 1103.3- 1

Ken County FieFim Preventim

Christer Trees Re Mapshal

Previously Standard 11. 2=1) Date- Deoernber3. IOM

Revised: Nlovember 1,

2. The flarne retardant chemical may be applied by the facility owner or his auftirizedrepresentative, or by any applicator lkmised by the Callamia State t=ire Marshal. Ifthe fhirne retardant chemical is applied for a fee, the applicator shag be licensed bythe Cal_ is.Mate Fire Marshal.

3. Lights and decorations may be placed on any Christmas tree which is rteresistanL

Ill. Laving Christmas Trees

1. Living Christmas trees may be placed in any occupancy.

2. The Christmas tree shall be con . living if the roots are intact and covered withsoil, and the tree is watered regularly.

3_ Light mid decorations may be placed on any fi,amg Christmas tree.

IV_ Fire Safe Christmas Trees

1. Christmas trees shall be considered fire safe if the fbib#Mg conditions are safisfied:

A The Christmas tree must have a fresh ciA made on the botlom of the bunk

irm,nediately before Vie tree is placed in the tree stand_ The fresh cart shag beat least one inch above the original cuL

B. The tree shall be in a tree stand that is capable

C. The Christmas tree mist be watered regrdarty sib that there is standing wasterin the tree stand at all Wries. The level of water must be at least two inchesabove the cLit end of the trunk.

Q. Lights not be used on a Fire Safe Christnias Tree.

E. Decorations may be placed on a Fire: Safe Christmas Tree.

F. The Christmas tree must pass the flame test as follows-

a). Ater to six inch piece of the Christmas tree shag be removed from the

end of one branch of the tree. This piece shall be held over a two kxhflarne for 10 seconds. The flarne shall then be removed and If thebranch does not cxs7bntie to buns, it shag be considered lire sire.

Page 2 of 3

Fi.na,c

Christmas Trees r-kw r

Previously Standard 1' 1. 2-1)cudw:.C7+eucexober' 3. 1gin

Revixa4k 1 2002

b)_ The C hrtsbnas tree shat be removed f om the occupancy krwriedtalefy ifit fails to pass the fiarne test_

G_ The Christmas tree shall be removed from the ni ccupancy before d becomes afire hazard_

Pie 33 arr 3

I

ROBERT KRETZMER ELSA LARA CAROL RAY HILDA TABORADIRECTOR CLAIMS EXAMINER 11 CLAIMS EXAMINER II CLAIMS EXAMINER I

661. 636.4709 661. 636.4736 661.636.4871 661.636.4206rokretzmer @kern. org ellara @kern. org [email protected] [email protected]

RYAN BOURGET DUNC.AN LOW TIM RIDLEY TY TAYLORADJUSTER I COORDINATOR SAFETY SPECIALIST ADJUSTER 11

661. 636. 4606 661. 636.4863 661.636. 4376 661. 636.4601

rybourget @kern. org dulow @kern.org tiridley @kern. org tytaylor@kern. org

ROXANN DAILEY- WEBB LILIA MORENTIN RANDYE ROGERS PAT TUMBARELLOADJUSTER I ADMIN. SECRETARY SAFETY SPECIALIST ADJUSTER 11

661. 636. 4848 661. 636.4495 661.636.4607 805.929.5950

rodailey@kern. org limorentin@kern. org rarogers @kern.org patumbarello@kern. org

SANDI HARVILLE SABRINA MOTEN JOE SINGLETARY VALARIE WAGNERSECRETARY II CLAIMS ASSISTANT SAFETY SPECIALIST LEAD CLAIMS EXAMINER

661.636.4604 661. 636.4414 661. 636.4605 661. 636.4694saharville @kern.org samoten@kern. org josingletary@kern. org vawagner@kern. org

Isc11 PROPEM & LIABILISELF- INSURED SCHOOLS OF CALIFORNIA

Schools

HelpingSchools

October 19, 2012

TO: District Superintendents

Chief Business Officials

Maintenance and Operations Directors

FROM: Robert J. Kretzmer

Director, Property and Liability

SUBJECT: P& L Update - The Interactive Process: A Quick Guide

Employee Practice Liability (EPL) claims present many challenges for SISC and our member districts.These cases raise questions concerning coverage and indemnity. It is essential that good communicationbetween our office and our member district be established during the early stages of any employmentpractice liability claim presented to SISC.

The attached Guide prepared by Jill Williams, Attorney at Law, provides an overview of the InteractiveProcess— one of the key elements reviewed by SISC on almost all EPL claims referred to our office forhandling.

Ms. Williams, a partner with the Law Offices of Carpenter, Rothans & Dumont, is an experienced

attorney with expertise in the handling and defense of employment discrimination and retaliationlawsuits. She represents many public entities throughout Southern California. Ms. Williams welcomesany comments you may have concerning her Quick Guide on this important subject for our SISCmembers.

RJK:sh

Attachment

P. 0. Box 1847 Bakersfield, CA 93303- 1847 http://www.kern.org/sisc/1300 17th Street- CITY CENTRE Bakersfield, CA ( 661) 636- 4710 FAX( 661) 636- 4418

Ajoint Powers Authority administered by the Kern County Superintendent of Schools Office, Christine Lizardi Frazier, Superintendent

The-, Interac.Mms -

A Q4!& 6ulde

When is it required?

1) When an employee makes a request for an accommodation; or

2) When the employer knows—or has reason to know—that an employee is unable to

perform one or more of the essential functions of his or her job because of a disability.

The employer must engage in the interactive process even if the employee does not request an

accommodation. If the employer has a reason to believe that an employee might require an

accommodation, the employer should initiate the interactive process.

What qualifies as a request for accommodation?

A" request" for an accommodation should be construed liberally and includes oral and written requestsby an employee, by an employee' s healthcare provider, by a member of the employee' s family, or byanother representative of the employee.

What are the steps in the interactive process?

1) Analyze the employee' s job and determine the purpose and essential functions of the

job;

2) Consult with the employee to ascertain the precise job-related limitations imposed bythe employee' s disability and how those limitations could be overcome with areasonable accommodation;

3) Identify potential accommodations and assess the effectiveness each possible

accommodation would have in enabling the employee to perform the essentialfunctions of the position; and

4) Consider the preference of the individual to be accommodated and select and

implement the accommodation that is most appropriate for both the employee and the

employer.

Prepared by:Jill Williams, Partner

Carpenter, Rothans& Dumont

[email protected]

10/ 19/ 2012

What are examples of reasonable accommodation?

Job restructuring Adjusting or modifying examinations, trainingReassignment to a vacant position materials or policies

Offering part-time or modified work schedules • Leave of absence for a finite period

Providing qualified readers or interpreters Permitting the use of accrued paid leave or

Adjusting or modifying equipment or devices providing additional unpaid leave for necessary

Providing reserved parking spaces treatment

What is not a reasonable accommodation?

Creating a new position Adopting the most reasonable accommodation

Giving an employee a second chance Accepting the employee' s requestedaccommodation

Dos and Don' ts

DO seek technical assistance ( i. e. from the EEOC, DFEH, local rehabilitation agencies or disability

constituent organizations) if necessary to determine what accommodations are possible andappropriate.

DO NOT make inquiries into the employee' s disability that are not job-related or consistent witha business necessity.

DO make a decision on a reasonable accommodation very soon after discussing the employee' srequest for accommodation with the employee. ( The EEOC' s internal guidelines require that

accommodation decisions be made within 15 days- 20 days.)

DO identify specific, legitimate, non- discriminatory business reasons if any request foraccommodation is denied.

DO NOT evaluate an employee' s job performance on the employee' s ability to perform theessential functions of his or her job without accommodation.

DO NOT evaluate employees with disabilities on a lower standard than other employees.

DO NOT discipline employees with disabilities less severely than other employees.

Online Resources & GuidanceEEOC- http:// www.eeoc.gov/ laws/ guidance/ enforcement guidance. cfm

DFEH - http:// www.dfeh. ca. gov/ Publications. htm

Prepared by:Jill Williams, Partner

Carpenter, Rothans& Dumont

[email protected]

10/ 19/ 1011



OCTOBER 1, 2012

LABORATORY/ SCIENCE CLASS SAFETY

This update emphasizes the importance 32030 and 32031, which states that associated with the procedure, and

of having strict safety and loss control eye protection must be used". . . at safety controls. Select experimentsprocedures regarding all laboratory/ any time at which the individual is that come from known, reputable

science classes. The following informa- engaged in, or observing, an activity sources and that contain a safetytion is offered to assist districts in assess- or the use of hazardous substances analysis of the procedure. Every labing the safety of their lab/ science classes likely to cause injury to the eyes." exercise and demonstration con-

and provides some basic recommenda- Circumstances that require the use ducted must have a written proce-

tions for establishing safe programs. of eye protection include" Working dure.

with hot liquids or solids or with

1. Review the Cal- OSHA regulation chemicals which are flammable, The above information is intended to

for Occupational Exposure to Haz- toxic, corrosive to living tissues, help the district assess the safety of itsardous Chemicals in Laboratories irritating strongly sensitizing, radio- science classes and to prevent future inci-

Title 8, Section 5191). The regula- active, or which generate pressure dents. The information is not intended

tion covers such items as standard through heat, decomposition, or to serve as a comprehensive list of sci-

operating procedures for work in- other means." ence safety issues but is intended to pro-volving hazardous materials, control 4. Ensure all containers are labeled vide minimum guidance on key issues.measures to reduce exposures, pro- pursuant to the Hazard Communica-

visions for information and training, tion Standard( Title 8, Section If you have any questions or would likeand designation of a Chemical Hy- 5194). Labeling requirements also additional information, please contact

giene Officer— all of which must be apply to secondary containers, which your SISC II Safety representative ataddressed in a Chemical Hygiene may be used in a class for lab exer- ( 661) 636-4604.

Plan. Flinn Scientific has a model cises or demonstrations. The con-

chemical hygiene plan that provides tents of each container must be iden-

an excellent start for developing a tified along with the appropriatesite/ district specific plan. A copy of hazard warning. The only exceptionthe plan can be obtained from Flinn would be for containers used only byScientific or from your SISC Safety one individual whose contents are

and Loss Control representative. used completely before the end of2. Demonstration shields should be the class period.

used whenever a demonstration is 5. Discontinue the practice of fit~ III11Iconducted in front of a class as a attention getting" demonstrationsbarrier between the demonstration that involve an uncontrollable re-

s

nand the class. Such shields may be lease of energy, or heat, or cause an

schools

purchased through lab catalogs and/ unpredictable, unmeasurable reac- 2000 K Street

or suppliers. Such shields should be tion. Such demonstrations cannotBakersfield CA 93301

used whenever there is the slightest be adequately controlled, therefore, PO Box 1847

possibility that a container, its frag- the risks outweigh the educationalBakersfield CA 93303- 1847

ments, or its contents could be pro- value. Phone: 661- 636-4604

pelled toward students. 6. Develop written standard operating Fax: 661- 636-4418

3. Obtain and provide eye protection procedures for every lab demonstra- H TT P:// SISC. KERN. O R G/ P L

for all students pursuant to the pro- tion and exercise that identify thevisions of Education Code Section procedures to follow, risks/ hazards SCHOOLS HELPING SCHOOLS

i

ji


PROPERTY LIABILITY UPDATE

OCTOBER 15, 2012

MAINTAINING SAFE PLAYGROUNDS

California' s playground safety regulations • Individual playground site history dren falling. There are many surfacesbecame effective on January 1, 2000. by location. that offer protection from falls. Accepta-

The regulations were developed by the Inspection forms. ble surfaces are engineered wood fiber/

Department of Health Services( DHS) in mulch, sand, and pea gravel. These sur-

consultation with the Office of the State Districts may wish to use two separate faces must be maintained at a depth of 12Architect, the California Parks and Rec- types of inspections— high frequency/ inches, be free of standing water andreation Society, the League of California routine and low frequency/ periodic. debris, and not be allowed to becomeCities, and the California Department of High frequency/ routine inspections can compacted. Some synthetic materials

Education. identify surfacing problems, vandalism, may also be appropriate in certain situa-and debris ( such as glass) that can lead to tions.

The regulations help school districts ad- an accident. Personnel who already per-ministrators determine their responsibili- form tasks such grounds maintenance or Inadequate Use Zone: Use zones are un-

ties in inspecting, modernizing, main- playground supervision can easily per- der and around the playground equip-taining, and developing play areas on form these inspections. ment where a child might fall. A use

school property. In the time since the zone should be covered with protective

implementation of the regulations, many Low frequency/ periodic inspections are surfacing material and extend a minimumdistricts have taken aggressive actions to made less often but are more compre- of 6 feet in all directions from the edge

upgrade their playground equipment and hensive than high frequency/ routine of stationary play equipment such asfacilities thereby achieving safer play en- inspections. They require a greater climbers and chip- up bars.vironments for children. amount of time to perform and require

more experienced and knowledgeable Protrusion and Entanglement Hazards:The following outline is provided to il-

personnel. Periodic inspections evaluate Protrusion hazards are components orlustrate some of the major components equipment structural integrity. These pieces of hardware that might be capable

that should be contemplated and includ- inspections can be done on a seasonal of impaling or cutting a child if a childed in a playground safety program: basis depending on individual playground should fall against the hazard. Some pro- j

factors affecting each location. trusions are also capable of catching

Policy statement strings or items of clothing that might beSite inspections The National Playground Safety Institute Worn around the child' s neck. This typeHazard correction NPSI) has identified twelve of the lead- of entanglement is especially hazardous j

Staff training ing causes of injury on playgrounds. because it might result in strangulation.Familiarizing yourself with the " DirtyPlayground signage

Accident investigation Dozen Checklist" will help you and yourdesign professional avoid these pitfalls for

Playground documentation and recordsnew playground equipment. They can schows

that should be maintained as art of thealso be used as the basis for inspection j

P 2000 K Street

program include the following:protocols.

Bakersfield CA 93301

PO Box 1847

Copies of current public play- DIRTY DOZEN CHECKLIST

Bakersfield CA 93303- 1847erImproper Protective Surfacing: Improperground safety guidelines or stand- p P

ards. surfacing material under playgroundPhone: 661- 636-4604

equipment is the leading cause of play-Fax: 661- 636-4418

Copies of all staff training records. o

ground related injuries. Over 70% of all HTTP:// SISC. KERN. ORG/ PL

accidents on playgrounds are from chil-SCHOOLS HELPING SCHOOLS

V,_.

1. 11. 1.. 1111..... _ 1111__- ----- ....... ........ 1111_

Entrapment In Openings: Openings on abilities, very often not being able to faces higher than 30 inches.

playground equipment should be recognize potential hazards. It is esti-

checked for head entrapment hazards. mated that over 40% of all playground Equipment Not Recommended For Pub-

Children often enter openings feet first injuries are directly related to lack of lic Playgrounds: Accidents associated

and attempt to slide through the open- appropriate supervision. with the following types of equipmenting. If the opening is not large enough, it have resulted in the Consumer Product

may allow the body to pass through the Age- Inappropriate Activities: In an effort Safety Commission recommending thatopening and entrap the head. There to provide a challenging and safe play they not be used on public playgrounds:should be no openings on playground environment for all ages, it is important

equipment that measures between 3'/ z to make sure that the equipment in the • Heavy swings such as animal figureinches and 9 inches. playground setting is appropriate for the swings and multiple occupancy/

age of the intended user. Areas for pre- glider type swings.

Insufficient Equipment Spacing; Improp- school age children should be separate • Free swinging ropes that may frayer spacing between pieces of play equip- from areas intended for school age chil- or form a loop.ment can cause overcrowding of a play dren.

Swinging exercise rings and tra-area that may create several hazards. Use peze bars.zones for equipment that is higher than Lack of Maintenance: In order for play-30 inches above the ground cannot over- grounds to remain in " safe" condition, a

Attached is a High Frequency Inspectionlap. Therefore, there should be a mini- program of systematic, preventive Form to assist you with your playground

mum of 12 feet in between two play maintenance must be present. There inspections ( daily or routine). Please

structures. Swings and other pieces of should be no missing, broken, or worn-

contact your Safety and Loss Controlmoving equipment should be located in out components. All hardware should be

representative at ( 661) 636- 4604 for jan area away from other structures. secure. The wood, metal, or plastic additional information, clarification, or

should not show signs of fatigue or dete- assistance.

Trip Hazards: Trip hazards are created rioration. All parts should be stable with

by play structure components or items no apparent signs of loosening. Reference: Health and Safety Code,on the playground. Exposed concrete Sections 115725- 115750.

footings, abrupt changes in surface eleva- Pinch. Crush, Shearing, and Sharp Edgetion, containment borders, tree roots, Hazards: Components in the play envi-

By: Safety and Loss Controltree stumps, and rocks are all common ronment should be inspected to make

I trip hazards that are often found in play sure there are no sharp edges or pointsenvironments. that could cut skin.

Lack of Supervision: The supervision of a Platforms With No Guardrails: Elevated

playground directly relates to the overall surfaces such as platforms, ramps, and

safety of the playground. A play area bridgeways should have guardrails that

should be designed so that it is easy to would prevent accidental falls. Equip-observe the children at play. Young chil- ment intended for school- age children

dren are constantly challenging their own should have guardrails on elevated sur-

ROBERT KRETZMER ELSA LARA CAROL RAY HILDA TABORADIRECTOR CLAIMS EXAMINER II CLAIMS EXAMINER II CLAIMS EXAMINER I

661.636. 4709 661. 636. 4 36 661.636.4871 [email protected] ellara@kern. org [email protected] [email protected]

RYAN BOURGET DUNCAN Low TIM RIDLEY TY TAYLORADJUSTER I COORDINATOR SAFETY SPECIALIST ADJUSTER II

661.636. 4606 661. 636. 4 63 661. 636.4376 661. 636.4601rybourget@kern. org dulow@kei-n. org tiridley @kern. org tytaylor @kern. org

i

ROXANN DAILEY- WEBB LILIA MO ENTIN RANDYE ROGERS PAT TUMBARELLOADJUSTER I ADMIN. SE RETARY SAFETY SPECIALIST ADJUSTER II

661. 636. 4848 661. 636. 4 95 661.636.4607 805.929.5950

rodailey @kern. org limorentin kern. org rarogers @kern. org patumbarello @kern. org

SANDI HARVILLE SABRINA OTEN JOE SINGLETARY VALARIE WAGNER

SECRETARY II CLAIMS AS ISTANT SAFETY SPECIALIST LEAD CLAIMS EXAMINER

661.636.4604 661. 636. 4f 14 661. 636.4605 661. [email protected] [email protected] [email protected] vawagner @kern. org

isc1 PROPERTY LIABILITYSELF- INSURED SCHOOLS OF CALIFORNIA

Schools

HelpingSchools

October 19, 2012

TO: District Superintendents

Chief Business Officials

Maintenance and Operations Directors

FROM: Robert J. Kretzmer

Director, Property and Liability

SUBJECT: P& L Update - California Department of Public Health Mold Update

Mold can be an issue for school districts. Recently there have been some changes on how mold problemsshould be addressed according to the California Department of Public Health (CDPH). The attached

statement from the CDPH addresses these issues on mold identification and health issues. To access

information on mold growth prevention and remediation, go to the SISC Property and Liability websitehttp:// sisc.kern.org/pl/ and click on P& L Updates.

Please contact your Safety and Loss Control Specialist at( 661) 636-4604 if you have any questions.

RJK:sh

Attachment

P. O. Box 1847* Bakersfield, CA 93303- 1847* http://www.kern.orglsiscl1300 17th Street- CITY CENTRE* Bakersfield, CA* ( 661) 636- 4710* FAX( 661) 636- 4418

A Joint Powers Authority administered by the Kern County Superintendent of Schools Office, Christine Lizardi Frazier, Superintendent

State of California— Health and Human Services Agency

California Department of Public Health

I)CDPHRONALD CHAPMAN, MD, MPH EDMUND G. BROWN JR.

Director Govemor

Statement on Building Dampness, Mold, and HealthSeptember 2011

CDPH has concluded that the presence of water damage, dampness, visible mold, or mold odor

in schools, workplaces, residences, and other indoor environments is unhealthy.

We recommend against measuring indoor microorganisms or using the presence of specificmicroorganisms to determine the level of health hazard or the need for urgent remediation.

Rather, we strongly recommend addressing water damage, dampness, visible mold, and moldodor by ( a) identification and correction of the source of water that may allow microbialgrowth or contribute to other problems, ( b) the rapid drying or removal of damp materials,

and ( c) the cleaning or removal of mold and moldy materials, as rapidly and safely as possible,

to protect the health and well-being of building occupants, especially children.T

Indoor dampness and mold ( fungal growth) are common problems in California and worldwide. To

date, no clear state or federal policy has been issued on how to assess the health risks that dampness andmold pose to building occupants. In 2001, the Toxic Mold Protection Act ( Senate Bill 732, Ortiz*)

mandated that the California Department of Health Services ( currently the California Department of

Public Health, CDPH) determine the feasibility of setting Permissible Exposure Limits (PELs) for moldin indoor environments. In its 2005 report to the Legislature, CDPH concluded that " sound, science-

based PELs for indoor molds cannot be established at this time" and outlined the reasoning by which thedepartment reached that conclusion.

While PELs remain elusive, mounting scientific evidence on dampness and mold, much of it publishedsince 2005, supports an alternate, evidence-based approach to the assessment of health risks from indoor

dampness and mold. Human health studies have led to a consensus among scientists and medicalexperts that the presence in buildings of( a) visible water damage, ( b) damp materials, ( c) visible mold,

or ( d) mold odor indicates an increased risk of respiratory disease for occupants. Known health risks

include: the development of asthma, allergies, and respiratory infections; the triggering of asthmaattacks; and increased wheeze, cough, difficulty breathing, and other symptoms. Available information

suggests that children are more sensitive to dampness and mold than adults. In addition, evidence is

accumulating, although not yet conclusive, that the more extensive, widespread, or severe the water

damage, dampness, visible mold, or mold odor, the greater the health risks.

California Department of Public Health

Statement on Building Dampness, Mold, and HealthPage 2

There also is consensus that the traditional methods used to identify increased mold exposure do notreliably predict increased health risks. Therefore, the current practices for the collection, analysis, and

interpretation of environmental samples for mold cannot be used to quantify health risks posed bydampness and mold in buildings or to guide health-based actions.

Finally, current consensus does not justify the differentiation of some molds ( such as Stachybotrysspecies) as " toxic molds" that are especially hazardous to healthy individuals. The presence of molds

such as Stachybotrys that grow only on very wet materials might be interpreted as demonstrating dampconditions that could place occupants at increased risk. However, the only types of evidence that havebeen related consistently to adverse health effects are the presence of current or past water damage,damp materials, visible mold, and mold odor, not the number or type of mold spores nor the presence ofother markers of mold in indoor air or dust.

Our goal in issuing this notice is to increase awareness of the hazards from indoor dampness and moldand to reduce exposures to these hazards. The following are recent publications that support ourpositions on the assessment of health risks and the remediation of dampness and mold:

1) Mendell MJ, Mirer AG, Cheung K, Tong M, Douwes J. Background note: Building dampnessRespiratory and allergic health effects of dampness, mold, degrades indoor environmental quality inand dampness- related agents: a review of the epidemiologic

many ways. Mold growth is perhaps theevidence. Environmental Health Perspectives, 2011,

most common and noticeable result ofdoi: 10. 1289/ehp. 1002410; available athtt // ch 03. nictis.nih.gov/article/ fetc:hA.rticle.acti.on,,

excessive or chronic indoor dampness.s p

articleURl—inf6%3Adoi%2F 10. 1289`%,2Fehp. 1002410. Molds are fungi ( as are mushrooms and

yeasts). To grow and reproduce, molds2) World Health Organization. WHO Guidelinesfor Indoor

need only moisture and nutrients. AsAir Quality: Dampness and Mould. Copenhagen: WHOEurope, 2009 ( see Chapter 4, Health effects associated with

nutrients are almost always available from

dampness and mould); available at organic material ( e.g., leaves, wood,

www.euro.who. int/ data/ assets/ pdf file/0017/ paper, and dirt), the presence or lack of

43325/ E92645. pd£ moisture generally is what allows or limits

3) Institute of Medicine. Damp Indoor Spaces and Health. mold growth. In addition to mold, indoor

Washington, D.C.: National Academies Press, 2004; dampness can support bacteria/ growth

available at and contribute to infestations of housewww_11_ap ed_u/ ale nb. ok php.'?isbn= 03090)_193.4. dust mites, cockroaches, and rodents,

4) Krieger J, Jacobs DE, Ashley PJ, et al. Housing which also pose health risks for buildinginterventions and control of asthma-related indoor biologic occupants. Moisture also may alter theagents: A review of the evidence. Journal ofPublic Health chemistry of damp materials. Hence, whileManagement and Practice, 2010, 16( 5): S 11—S20; available

excessive or chronic dampness is not byat www.bu-cli.org/uploads/ Main/

itself a cause of ill health, it may indicate orSandcl Housi:nglnterventions.pdf.increase other exposures that do have

5) U. S. Environmental Protection Agency. Mold Remediation adverse health effects.in Schools and Commercial Buildings. Washington, D.C.:

USEPA; available at www.epa. gov/mold/niold remediation.html.

Information on SB 732, the 2005 CDPH report to the legislature, and the 2008 update to the report are available

at www.cdph. ca..gov/ prograins/ IAQ/Pages/ IndoorMold.aspx .


November 8, 2013

Public Access to Records and Information

School districts and other educational agencies often receive requests from individuals, organizations, or

the press for access to public records or information. The California Public Records Act(" CPRA" or the

Act") governs a school district' s response to these requests.

The Act demands that school districts respond quickly and allow public inspection and copying of therequested document(s) unless the information is expressly exempt from disclosure by law. Thestatutory exemptions which typically affect school districts are contained in Government Code Sections6254 and 6255. Additionally, disclosure of documents and information which are " student records" is

governed by the Family Educational Rights and Privacy Act( FERPA) and Education Code Sections 49060-49079 and 76200— 76246.

The definition of a public record under the Act is so broad that virtually every paper orelectronic record created, used, maintained, or in the possession of a school district is a public

record.

The press enjoys the same rights as all other persons. It may see what any parent, taxpayer, or

other individual may see, but it has no greater or special access under the First Amendment orany other provision of law.

Any person may obtain a copy of a public record unless exempt from disclosure.Within 10 days of receipt of the request, the district must determine whether it will comply and

must then immediately notify the person making the request.

Except in cases clearly authorized by statute a request for copies should not be denied withoutfirst consulting with an attorney.

The Act does not require the request for access be in writing.Government Code Section 6254( b): Records containing school district litigation are exempt, butonly until the claims is resolved or settled.Government Code Section 6254( c): Personnel, medical, or similar files, the disclosure of which

would constitute an unwarranted invasion of personal privacy.

SISC II recommends that should your district receive a request for information under the California

Public Records Act( CPRA) that you immediately consult with your administrative counsel for guidance.Frequently, CPRA requests are precursors to the filing of Claims for Damages. Your district will want tobe sure that exempt information is not voluntarily provided that could later prove to be adverse to thedistrict' s position should litigation later result.

Note: This information is condensed from a Memorandum prepared by Schools Legal Service, 1300 leStreet, Bakersfield, CA 93301. For more information please contact Grant Herndon, General Counsel,

at( 661) 636-4830.

RJK

10/ 29/ 2013



AUGUST 9, 2012

SCHOOL ENVIRONMENTS

Students, as well as staff, spend a great able indoor air is not by introducing from animal debris and droppings.deal of their time in the classroom and more" chemicals" but by providing prop- Classroom animals are a common cause

school setting. It is important that the erly functioning and operating ventilation of indoor-air-quality problems. How-

environment is safe for its intended use systems. ever, diligence in good housekeeping willand conducive to learning. With that in help prevent such problems.mind, the following information is of- Live Animals Brought Ontofered to assist instructors and site admin- Campus Although it is common for students to

istrators with creating and maintaining According to the National Science Teach- take class animals home during weekendssafe and healthful learning environments.

ers Association, " Observation and ex- or over school breaks, suchperimentation with living organisms give

practices should be care- P

Air Fresheners and Candles students unique perspectives of life proc- fully planned and con-

Classrooms are subject to unusual, and esses that are not provided by other trolled.sometimes unwelcome, odors. Class- modes of instruction. Studying animals

g

room odors are often responsible for in the classroom enables students to de- Chemicals

prompting instructors to install air fresh- velop skills of observation and compari- Many chemicals, such as cleaners andening devices in order to mask the un- son, a sense of stewardship, and an ap- pesticides, are provided with a label thatwanted odor. Air freshening devices preciation for the unity, interrelation- states, " Keep out of reach of children."consist of plug- in devices, passive emit- ships, and complexity of life." Beyond In addition to this warning, they are la-tors, candles, and/ or the use of aerosol that— kids just like animals. beled with the words Danger, Warning,sprays. SISC does not recommend the or Caution. Although consumer prod-

use of such items in the classroom. Although housing animals in classrooms ucts used in the home are not specificallyis popular, care should be taken in the regulated, they are subject to various

Air fresheners are chemically based, selection of such animals as well as thetherefore, it is hard to predict whether a ongoing maintenance and handling of theperson will have a respiratory sensitivity animals.or other physical reaction, such as head-

aches. If air fresheners are being used in Districts should discourage the practice C 11.an attempt to control odors or mask of students or teachers bringing house- scnoa:

stale air", consideration should be given hold pets onto campus. Such" pets" pose prosSchools

to adjusting the ventilation system. an unknown risk of disease, scratching,jWhen operating properly, the system and/ or biting injury.

1300 17th Street— City Centre

should bring in enough outside air toBakersfield CA 93301

keep odors under control. Whenever feasible, animals that arePO Box

brought into the classroom should beBakersfield CAA 993303

The use of candles as air fresheners is cleared by a veterinarian before entering Phone: 661- 636-4495

dangerous and should never be allowed. the class. Fax: 661- 636-4418

The use of candles for this purpose, as

well as other purposes, is a violation of Good housekeeping and safety practices VISIT P& L:

both the California Building Code ( Title are essential in providing a safe environ- HTTP:// SISC. KERN. ORG/ PL

24) and the regulations of the State Fire ment for both students and animals.

Marshal( Title 19). Pens and cages should be cleaned regu-

The best strategy in maintaining comfort- larly and the classroom should be freeSCHOOLS HELPING SCHOOLS

L

regulations if they are brought into the Title 19, California Code of Regulations, tors should be mindful of the conditionsworkplace. Specifically, the regulations requires that decorative materials such as they create and strive to maintain a securerequire training for the use of the product curtains, drapes, hangings, Christmas environment.

and there are provisions specific to wear- trees, or any other combustible decorativeing personal protective equipment ( PPE). material shall be flame retardant and shall ELECTRICAL APPLIANCES

In addition, the district not block or conceal any exit door, exit The use of coffee pots, hotplates, andmust have a material light, fire alarm, or fire extinguishers. similar appliances can be appropriate in

safety data sheet classrooms and office areas that were

MSDS) for every prod- Flame retardant materials may be either properly designed to accommodate themuct in use and must train constructed of a nonflammable material or ( i. e., home economic classrooms, lunch

employees on how to may be treated with a flameretardant rooms, and break rooms). All electrical

read and understand a solution. All treated materials shall have appliances used in these rooms should

MSDS. proof of treatment affixed to it in accor- have an appropriate Underwriters Labora-

dance with regulations of the State Fire tory ( UL) label or an equivalent certifica-The practice of employees bringing house- Marshal. tion. However, due to the potential for

hold chemicals into the classroom places personal injury and property damage,the district at risk of noncompliance with Your local fire department should be con- SISC does not recommend the use of these

several regulations and could leave the tacted for any additional clarification or appliances in areas other than the abovedistrict open for citations and/ or fines. information. mentioned. The main concern is for the

There is also potential adverse liability to safety of the occupants. These types of

the district if a child should accidentally EARTHQUAKE PREPAREDNESS appliances have the potential to cause

come in contact with an unapproved and/ It should come as no surprise to hear that burns and electrocution— fires can also

or possibly hazardous chemical in the California is the highest earthquake risk result from improper use. Rooms that

classroom. area in the contiguous United States. This Were designed without these types of ap-is due to several large, active faults that pliances in mind may lack appropriate

Chemicals should not be brought from run through the state. These faults have ventilation and electrical wiring to servicehome into the classroom. Some chemicals been the cause of destructive earthquakes these devices.provide a greater hazard than usefulness; in the past and will be the source of future

therefore, it is strongly recommended that earthquakes. California sustains an earth- In recent years due to energy costs andall chemicals be thoroughly reviewed by quake with a magnitude greater than 6. 5 supply, thermostat settings have been

district administration for safety prior to on average every four years. closely scrutinized. PG& E recommends

use. All products stored in classrooms thermostats be set at 78 degrees or higher

should be in locked cabinets or containers Since the passage of the Field Act, in the summer and 68 degrees or lower in

inaccessible to students. California public schools are re- . the winter. While this measure conserves

enerquired to meet strict construction gyp the thermal comfort of some oc-

DECORATIVE AND DISPLAY MA- standards that now make our I cupants may not be met.TERIALS schools as safe as possible. In

Classroom displays provide important general, there is little cause to Because of individual thermal preferences,

visual learning opportunities in classrooms worry about the structural district employees may elect to place

and also make the classroom environment integrity of buildings that meet household fans and/ or space heaters in

more enjoyable. However, display mate- the Field Act standard. But what about their work area. The use of some of these

rials can also provide increased flame- the contents and components inside the appliances may be appropriate ( i. e., smallspread, fire loading, and become evacua- building? Any component of a building desk fans) provided they have been ap-tion barriers. Fire regulations provide that is not part of the structure ( i. e., light proved and display the Underwritersthat nonflame retardant materials ( such as fixtures, furniture, cabinets, computers, Laboratory( UL) label or equivalent

paper displays) may be used so long as no TVs and stands, bookshelves, etc.) is con-more than 25% percent of the wall sur- sidered a" nonstructural component". certification. However, due to the poten-

face is covered with such materials. Dis- tial for personal injury and property dam-

play materials must also be located four Just as buckling an automobile seat belt age, SISC does not recommend the use offeet from room exits and corners and provides greater safety for the occupants space heaters or other electric or gas heat-nothing should be located overhead or of the auto, securing nonstructural com- ing devices. Space heaters have the poten-hang from the ceiling. ponents promotes greater safety for the tial to cause burns; electrocution and fire

occupants of a building. The classroom can also result from improper use.

School administrators and teaching staff instructor plays a key role in maintaining ashould be mindful of introducing flamma- safe classroom. Loose storage can create able materials into the classroom. hazard if not properly secured. Instruc-

ELECTRICAL EXTENSION CORDS area, preferably in a plastic storage tub. If • Sinus congestion, cough, and sneez-

The use of extension cords in classrooms eating in the classroom is allowed, dili- ing.and offices is common and can be safe if gence should be taken to clean up thor- • Eye, nose, throat, and skin irritation.

used properly. However, extension oughly after the meal or special event. Dizziness and nausea.

cords can pose a significant fire risk if the

fire codes/ regulations are not followed. HUMIDIFIERS All of these symptoms, however, mayIn addition to posing the same issues as also be caused by other factors and are not

Requirements for extension cord use, other electrical appliances, humidifiers necessarily due to air- quality problems.both single and multiple outlets, include also pose their own unique risks. Hu- Environmental stressors such as improper

the following: midifiers distribute moisture in the air by lighting, noise, vibration, overcrowding,pulling water through a filter which is and psychosocial problems ( such as job or

The current capacity subject to air movement by an internal home stress) can produce symptoms thatmust not be less than fan. The maintenance requirements of are similar to those associated with poor

the rated capacity ofIts

such units are very high in order to pre- air quality but require different solutions.the appliance or fix- vent microbial growth from accumulat-

ture. ing onto the filter. If the unit is not kept Some groups that may be particularlyCords must be in good working con- in a sanitary condition, the fan will force susceptible to effects of indoor-air con-dition. microbial growth or other contaminants taminants include:

Cords must be the grounded typeinto the surrounding air. This risk is

when servicing grounded appliances Wholly unnecessary given the overall inef- • Allergic or asthmatic individuals or

or fixtures( three prong). fectiveness of such units in commercial

people with sensitivity to chemicals.Extension cords may not be used as a

environments ( such as classrooms). •

People with respiratory disease.source for permanent wiring.

Building codes require that a specified • people whose immune systems are

Cords must not be affixed to struc- amount of outside air be brought into a

suppressed due to radiation or che-

tures; extended through walls, ceil- space continuously while the space is oc-

motherapy, or disease.ing, floors, under doors, or under

Pied. Unlike a household environment • Contact lens wearers.

floor coverings; or be subject to envi- Where the air is continually re-circulated,a classroom environment is continually

ronmental damage or physical im- There are several basic methods for low-

pact. Extension cords that cross a flushing out air and bringing in" new" air.

ering concentrations of indoor- air pollut-pedestrian traffic area must be cov-

This continual flushing makes any residen- ants.

ered with a traffic pad. tial humidifier ineffective.

Cords must not be run in a series

INDOOR AIR QUALITY ( IAQ) Source management is the most effective

cords plugged together), control method when it can be practicallyMultiple outlet adapters are designed

Indoor- air problems can be subtle and doapplied. The best prevention method is

to serve more than one appliance or

not always produce easily recognized

the to not bring unnecessary pollutants intofixture and must be grounded— have

Pacts

anthe health and well-being of the

the school building. Examples of sourceoccupants. Children are especially sus- removal include not allowing buses to idlean on/ off switch— and have a

breaker or fuse. ceptible to air pollution. Air quality in

near outdoor air intakes, not placing gar-schools is of particular concern. Proper bage in rooms where HVAC equipment is

FOOD maintenance of indoor air is more than a located, and banning smoking within thequality" issue, it includes safety and good

school. Source substitution includes ac-Snacks, treats, and lunches are common management of our investment in theitems found in most classrooms. Al-

g tions such as selecting less toxic art mate-students, staff, and facilities.

rials or interior paint than the productsthough food items are rarely prohibited in P P

classrooms, care must be taken to avoid which are currently in use.Building occupants in schools include the Local exhaust is very effective in remov-

causing insect infestations. Open foodstaff, students, and other people who

containers and long-term storage f k ie o snack ng sources of pollutants before they can

items are irresistible to ants and roaches.

g g spend extended periods of time in thePbe dispersed into the indoor air, exhaust-

school. The effects of IAQ problems onin the contaminated air outside. Well

Once an infestation occurs, gaining con- occupants are often vague symptoms

g

trol can be quite difficult. Regulationsrather than clearly defined illnesses.

known examples include

hoods, andand best practices limit the application

kitchens, science lab fume hoods, andP PP Symptoms commonly attributed to IAQ vocational/ industrial areas such as weld-

and use of pesticides; therefore, preven- problems include:tion is critical. Long- term storage of food ing booths.should be limited and such food should be • Headache, fatigue, and shortness of Ventilation uses cleaner ( i. e. outdoor) airin sealed ( airtight) containers. Student

breath. to dilute the contaminated ( i. e. indoor)

lunches should be kept in a centralized air that people are breathing.

The California Building Code requires IS It is critical that support straps are used directly related to lack of appropriatecfm( cubic feet per minute) of outdoor air and used properly. In an assessment of supervision.

per occupant be continuously supplied to member district sites, it was noted thatan occupied space. It is not uncommon such straps are overwhelmingly either not Surfacing material is the primary concernfor an instructor to operate the HVAC in use, improperly installed, or out of as it relates to the physical elements of thesystem in the" auto" mode rather than the adjustment. Straps should be used to playground. Instructors should be mind-

on" mode. Systems should be operated secure the equipment whether it is on a ful to note any areas of concern, whichin the " on" mode so as to provide a con- cart, shelf, or wall-mounted bracket. would include: debris, standing water,tinual supply of outside air to the space, overly compacted material, and overly

keeping the area flushed, and keeping Students should never be allowed to han- displaced material. Concerns should be

odors at bay. dle or relocate mobile TV/ AV carts. It is reported immediately and instructors

Good indoor air quality contributes to aimportant to plan ahead should exercise good judgment whether

favorable learning environment for stu_ When a TV or other to allow play until the concern is ad-

dents, productivity for teachers and staff, audiovisual equipment is dressed.

and a sense of comfort, health, and well- needed so it can be

moved by an adult before Please contact the SISC Property and Li-being for school occupants. These com-

bine to assist a school in its core mis- and after class. ability department at ( 661) 636- 4604 for

more information or guidance on any ofSion— educating children.

Do not let students the items discussed in this Update.

TELEVISION/ AUDIOVISUAL play near TV/ AV equipment carts.All TV/ AV carts should be secured

EQUIPMENTto the wall when not in use. B Safety and Loss ControlThe use of televisions and audiovisual •

TV/ AV carts with large casters capa-

y ay

equipment in the classroom can provide

excellent support for the instructional ble of being locked are recom-curriculum. However, as more districts •

All TV/ AV carts, bracketstake advantage of the benefits audiovisual cars mounting

equipment can contribute, the hazards and shelving units should be in-and risk of injury posed by the units are spected periodically.

often overlooked. In some classrooms, • By observing the items previouslythe risk is substantial. mentioned, a district can enjoy the

benefits televisions and other audio-

There are three methods currently used visual equipment can bring to theto install televisions/ audiovisual ( TV/ curriculum without putting the safety

AV) equipment in classrooms: moveableof staff and students at risk.

carts, wall- mounted brackets, and per-

manent built-in cabinets/ shelves. If the PLAYGROUNDS

necessary safeguards are met, any of the The preceding information is intended tothree methods are appropriate. Items for guide instructors and administrators in

consideration include the following: establishing and maintaining safe andhealthful classroom environments. How-

Televisions or other audiovisua ever, once the bell rings, the studentsequipment should not be installed proceed to the area on campus where

directly over or within close prox- injuries commonly occur— the play-

imity to staff or students. grounds.

Whether on a shelf, cart, or wall

mounted, TV/ AV units should not The supervision of a playground directlybe larger or heavier than what the

affects the overall safetyI\

location can support. of the playground. A

play area should be de-For wall-mounted units, installation r/ y

must be according to the manufac- signed so that it is easyturer' s specifications. Installation to observe the children :> should be conducted by qualifie

at play. Young children

v

personnel. are constantly challenging their own abili-

ties, very often not being able to recog-nize potential hazards. It is estimated that

over 40% of all playground injuries are

SELF- INSURED SCHOOLS OF CA


FEBRUARY 24, 2012

STATEMENT OF FACTS REQUIRED BY Ap SISC 11

GOVERNMENT CODE SECTION 946.4 6e

Periodically, SISC II will receive in- " Johnson Schachter& Lewis, a 1300 17th StreetCity Centre

formation from our panel defense P. L. C., would like to provide ourBakersfield CA 93301

PO Box 1847

counsel that may be of interest or is public entity clients with an advisory Bakersfield CA 93303

important to pass on to our member reminder of the necessity to maintain Phone: 661- 636A495

districts. Alesa Schachter, Attorney a current filing with the Secretary of Fax: 661- 636-4418

at Law of the Law Offices of John- State of the entity' s Statement ofson, Schachter& Lewis( www. jsl- Facts, required pursuant to Govern- VISIT P& L:

law. com) recently shared research ment Code section 946. 4. A failureHTTP:// SISC. KERN. ORG/ PL

concerning the importance of our to maintain current information

member districts maintaining correct could result in loss of the pro- STUDENT INSURANCE

and current information with the tections of the Tort Claims Act. HTTP:// SISC. KE RN. ORG/ SI

Secretary of State' s office. We are SCHOOLS HELPING SCHOOLSsharing this research with our mem-ber districts as the failure to keep a Public entities lose the protections of

current Statement of Fact on file the Tort Claims Act entirely wherewith the Secretary of State' s office there has been no filing of any kind.

P& L STLIDLNTI

could adversely affect the defense of Further, public entities are vulner-

Claims filed against our members. able to losing the protections of the iROBERT KRETZMER D LOW

g DIRECTOR COORDINATORTort Claims Act where the informa- 1661. 636. 4709 661.636.4863

tion in the filing is" so inaccurateLILIA MORENTIN CAROL RAY

A condensed version of the Memo or incomplete that it does not ADMIN. SECRETARY CLAIMS EXAMINER II

prepared by Johnson, Schachter& substantially conform to the661. 636. 4495 661.636.4871

Lewis is shown below. For a com- requirements of Section 53051. IPAT TUMBARELLO ELSA LARA

lete co of the Memo as well asADJUSTER II CLAIMS EXAMINER II

P PYthe Statement of Facts form that

805.929.5950 661. 636. 4736

TY TAYLOR HILDA TABORAshould be filed with the State of Cali- ADJUSTER II CLAIMS EXAMINER I

forma Secretary of State office please661. 636.4601 661.636.4206

go to our website at http:// RYAN BOURGET SABRINA MOTEN

Siscinembers. kern. orgADJUSTER I CLAIMS ASSISTANT

661. 636.4606 661. 636.4414

ROXANN DAILEY- WEBBADJUSTER I

661. 636.4848

VALARIE WAGNERLEAD CLAIMS EXAMINER661.636. 4694

PAGE 2 PROPERTY & LIABILITY UPDATE

A danger lies in allowing information in a It is recommended that public enti-

filing to become inaccurate or incomplete. ties regularly update their StatementCourts have held that claimants are entitled of Facts on file with the Secretary ofto completely ignore the claims presenta- State. Enclosed is a copy of the form

A DANGER LIES tion requirements of the Tort Claims Act taken from the Secretary of State' sIN ALLOWING when information is too inaccurate or in- website for the filing of this informs-

INFORMATION IN complete. ( Helzer v. North San Diego County tion.A FILING TO Transit( 1980) 112 Ca1. App. 3d 708 [ no fil-

BECOMEing]; Wilson v. San Francisco Redevelopment

INACCURATE ORAgency( 1977) 19 Cal. 3d 555 [ incorrect Specifically and most importantly, the legal

INCOMPLETE." agency address].) name and official mailing address must be

completely accurate for all filings. Further,anytime the legal name or the official mail-

Even more onerous is the California Su- ing address of the public entity is changed,preme Court' s holding that a claimant, in this filing must be updated. A change of thisfailing to file a tort claim, does not need to nature absolutely affects the informationshow that they were confused by the public needed by any claimant to properly presentagency' s filing. ( Wilson v. San Francisco Re- a tort claim to the public entity. Failure todevelopment Agency( 1977) 19 Cal. 3d 555.) include this current information has been

Therefore, even if a claimant was actually held to be per se non-compliance, and the

aware of the requirements to file a tort protections of the Tort Claims Act are lost.

claim, and their failure was not caused by ( Wilson v. San Francisco Redevelopment Agency

any information contained in the public ( 1977) 19 Cal. 3d 555.)

entity' s Statement of Facts on file with theSecretary of State, the claimant is still ex-

IT IScused from the requirements of filing a tort Further, anytime an election has resulted in

RECOMMENDEDclaim. a change of board members, the chairman,

THAT PUBLIC president, presiding officer, secretary, or

ENTITIES clerk, a new filing should be made updatingREGULARLY

While it is clear that subdivision( b) of sec- the most current information. A proper

UPDATE THEIR lion 946. 4 sets forth a" substantial compli- and timely update of this information willSTATEMENT OF ance" standard for public agency compli- foreclose any argument that claimants areFACTS ON FILE ance, if any information in the filing is inac- excused( under section 946. 4) from the

WITH THE curate or incomplete, plaintiffs are pro- requirements of the Tort Claims Act inSECRETARY OF

vided with a legal argument that they are later litigation."STATE."

excused from being required to file a tortclaim. Courts will often differ as to what is

substantial compliance" with sectionThe above information is shared by SISC 11 Property&Liabilityfor your consideration. Member COE's and Dis-

53051. This will make it more difficult fortricts should consider consulting with their own General

a public entity to prevail on demurrer Counsel should there be questions on the proper procedures

where no tort claim was presented. to befollowedfor updatingyour current Statement ofFactsonf le with the Secretary ofState.

t$, N OF tMF

State of CaliforniaZ

mr Secretary of StateO44 IFOR14'

STATEMENT OF FACTS

ROSTER OF PUBLIC AGENCIES FILINGGovernment Code section 53051)

Instructions:

1. Complete and mail to: Secretary of State,P. O. Box 942877, Sacramento, CA 94277-0001 ( 916) 653-3984

2. A street address must be given as the official mailing address or asthe address of the presiding officer.

Office Use Only)

3. Complete addresses as required.

4. If you need additional space, attach information on an 8'/" X 11" page, one sided and legible.

New Filing ® Update

Legal name of Public Agency:

Nature of Update:

County:

Official Mailing Address:

Name and Address of each member of the governing board:

Chairman, President or other Presiding Officer( Indicate Title):

Name: Address:

Secretary or Clerk( Indicate Title):

Name: Address:

Members:

Name: Address:

Name: Address:

Name: Address:

Name: Address:

Name: Address:

RETURN ACKNOWLEDGMENT TO:( Type or Print)

F 7

Date

NAME I I

ADDRESS Signature

CITY/STATE/ZIP L JTyped Name and Title

SEC/STATE NP/SF 405 ( REV. 05/ 09)


November 8, 2013

STUDENT FEES

Student fees have been a topic of great interest within the state for many years. In 1984 the SupremeCourt issued its opinion in Hartzell v. Connell, on which most of the recent activity has been based. Aspointed out in Hartzell, the California Constitution, Article IX, Section 5, guarantees a " free school"

within the state system of schools. In the Hartzell case, fees being charged for participation inextracurricular activities, music, and sports programs, none for credit, were found to violate both the

constitutional provision and also Title 5 of the California Code of Regulations, Section 350, which

prohibited any fee, deposit, or other charges to students unless specifically authorized by statute.

In 2010, the American Civil Liberties Union filed a lawsuit against the state over allegations that illegal

fees were being charged to public school students. The state settled the case, subject to enactment oflegislation enforcing the settlement. When Governor Brown vetoed the legislation, the ACLU resumedthe suit, but settled again, when new legislation was proposed.

AB 1575, which settled the lawsuit, was enacted in 2012, adding Education Code Sections 49010-49013inclusive (copies attached). AB 1575 expressly references the Hartzell case, and indicates its rules aredeclarative of existing law." This language in AB 1575 was the Legislature' s way of saying" these have

always been the rules, going back to at least 1984."

Basic Rules: " A pupil enrolled in a school shall not be required to pay any fee, deposit, or other chargenot specifically authorized by law." This is supported now by the AB 1575 prohibition on fees foreducational activities unless specifically authorized in statute. Restated, these rules seem to mean: " If

required in order to participate, it must be provided free of charge unless a specific statute says

otherwise." These rules prohibit requiring pupils to pay for or provide anything that is required in orderto participate in the educational program unless a fee is expressly authorized by law.

AB 1575 uses these same terms in describing components of the educational process that must remainfree.

Educational activity' means an activity offered by a school district, charter school, orcounty office of education that constitutes an integral fundamental part of elementaryand secondary education, including, but not limited to, curricular and extracurricularactivities."

A security deposit or other payment to obtain a lock, locker, book, class apparatus, musical instrument,uniform, other materials or equipment, or any other purchase the pupil is required to make to obtainmaterials, supplies, equipment, or uniforms associated with an educational activity is an impermissiblefee. A" fee" is a " fee" regardless of the families' ability or willingness to pay.

ACSA- Student Fees

November 8, 2013

Page 2

While the basic rule is that all supplies, materials, and equipment needed to participate in educational

activities are to be provided free of charge, there are exceptions to this rule. For example, while all

required books and equipment must be provided without charge, the cost of any replacement booksand equipment, or replacement materials( such as wood for a carpentry class), can be charged to a pupilwhen the originally issued free items are lost or destroyed. These are fees expressly authorized bystatute. We recommend you check the CDE and/ or FCMAT listings to ensure that any chargecontemplated is identified as a permitted fee in those documents.

The new statutes also prohibit establishing a " two-tier educational system" which is described as onemeeting a basic, minimal standard offered for free, while charging a fee if a student wants to participatein a higher standard program. At the same time, offering course credit or privileges in exchange formoney or donations of goods or services is prohibited, as is removing credits or otherwise discriminatingagainst a pupil for failing or refusing to provide the same money, goods, or services. One examplewhere this could occur is in wood shop, where a student completes the basic required project and wantsto do an additional project. If time and circumstances permit, the additional materials required for the

project must be provided for free. Of course, if the student likes the end result, the student is permitted

to take the project home in exchange for payment of the cost of materials.

The rules apply to everything pupils do that is an " integral fundamental" part of an educational program.Every integral fundamental component must be free to pupils unless there is a specific statute sayingotherwise, whether or not the subject is for credit, whether curricular or extracurricular, or for a

required subject or an elective. CDE and FCMAT both provide guidance regarding some identifiedpermissible fees.

The rules still do not apply to activities that are purely recreational and not educational; however, we

caution districts to consult with counsel when questions arise, including questions such as whether or

not a traditionally" recreational" activity, overtime, may have become an integral fundamental portionof the district' s educational program.

Note: This information is condensed from a Memorandum prepared by Schools Legal Service, 130017 h̀Street, Bakersfield, CA 93301. For more information please contact Grant Herndon, General Counsel,

at( 661) 636-4830.

RJK

10/ 31/ 2013

EDUCATION CODE

SECTIONS 4901049013

STUDENT FEES

49010. For purposes of this article, the following terms credit or Privileges related to educational activities inexchange for money or donations of goods or services

have the following meanings:

from a pupilit or a pupfl's parents or guardians, and aa)" Educational activity" meansan activi

by a school, school district, charter school, or county school district or school shall not remove course

office of education that constitutes an integral credit or privileges related to educational

of elementary and secondafundamental part ry activities, or otherwise discriminate against a pupil,

education, including, but not limited to, curricular and because the pupil orthe pupil's parents or guardians didnot or will not provide money or donations of goods or

extracurricular

b) " Pupil fee" means a fee, deposit, or other services to the school district or school. j

charge imposed on pupils, or a pupil's parents or c) This article shall not be interpreted to Prohibit

guardians, in violation ofSection 49011 and Section 5 of solicitation of voluntary donations of funds or property,

Article 0( of the California Constitution, which require voluntary partidPsti infuon ndraWngectivities, orschool

educational activitiesto be Provided free of charge to all districts, schools, and otherentitksfrompro Pupils

pupils without regard to their families' ability orprinsorotherrecognitionforvoluntadlyparddPatingin

willingness to pay fees or request special waivers, as fundraising activities.

provided for in Hartzell v. Connell( L984) 35 Cal3d 849. d) This article applies to all public schools,

A pupil fee includes, but is not limited to, all of the Including, limited to, charter schools and

following:1) A fee charged to a pupil as a condition for e) This article is declarative of existing law and

registering for sdwd or dam, or as a condition for shall not be interpreted to prohibit the imposition of a

participation in a class or an extracurricular activity, fee, deposit, or other charge otherwise allowed by law.regardless of whether the class or activity is elective or

I

compulsory, or is for credit. 49012. f

the fiscal year, and2) A security deposit, or other payment, that a a) Commencing with

pupil is required to make to obtain a lock, locker, book, every three Years thereafter, the department shall 4class apparatus, musical instrument, uniform, or other develop and distribute guidance for county

superintendents ofschools, districtsuperintendents, andmaterials or equipment.

3) A purchase that a pupil is required to make to charter school administrators re rdingthe imposition of

obtain materials, supplies, equipment, or uniforms pupil fees for participation in educational activities inassociated with an educational activity.

public schools. The department shall post the guidanceon the department's Internet Web site. E

49011.b) The guidance developed pursuant to

a) A pupil enrolled in a public school shall not be subdivision( a) shall notcenstitutea regulation subject to

1required to pay a Pupil fee for participation in an

Section 12M)

requirements

off Part I of Division 3 of Titre 2 of theeducational activity.

b) All of the following requirements apply to the Government Code.

prohibition identified in subdivision( a):1) All supplies, materials, and equipment needed 49013.

a A complaint of noncompliance with theto participate in educational activities shall be provided l )

to pupils free of charge. requirements of this article may be filed with the

2) A fee waiver policy shall not make a pupil fee principal of a school under the Uniform r Complaint

permissible.

Procedures set forth in Chapter s.1( commencing with

3) School districts and schools shall not establish

Code

600)

bDivision 1 of Title 5 of the California

a two-tier educational system by requiringb A complaint may be flied anonymously if the

educational standard and also offering a second, higher b)

educational standard that pupils maY only obtain complaint provides evidence or information leading to

through payment of a fee or purchase of additional evidence tosupport an allegation of noncompliance with

supplies that the school district or school does not the requirements

ainthisarticle.

not satisfied with the decisionprovide.

4)A school district or school shall notoffer course of a public school may appeal the decision to the

department and shall receive a written appeal decision e) Information regardingthe requirementsofthis

Within 60 days of the department's receipt of the appeal. article shall be included in the annual notification

d) ifa public school finds merit in a complaint, or distributed to pupils, parents and guardians, employees, i

the department finds merit In an appeal, the public and other interested parties pursuant to Section 4622 of

school shall provide a remedy to all affected pupils, Title 5 of the California Code of Regulations.

parents, and guardians that, where applicable, includes f) Public schools shall establish local policies and

reasonable efforts by the public school to ensure full procedures to implement the provisions of this section

reimbursement to all affected pupils, parents, and on or before March 1, 2013.

guardians, subject to procedures established throughregulations adopted by the state.board.

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November 8, 2013

Required Elements of a Tort Claim

The essential contents of a claim include:

The names and addresses of the claimant and the person to whom notices are to be sent;

A statement of the " date, place, and other circumstances of the occurrence of transaction";

A description of the indebtedness, obligation, injury, damage, or loss incurred, as far as they areknown when the claim is presented;

The name of the public employee who caused the injury, if known; andThe amount claimed, if less than $ 10,000, on the date of the claim is presented or, if more than

10,000, no dollar amount is to be included, but the claim must state whether the claim is to be

a limited civil case. ( G. C.§ 910)

The claim must be signed by claimant or by someone else on his or her behalf. (G. C. § 910.2)

Claims as Presented

Public entities need to be on the lookout for any written documentation which might constitute a " claimas presented." A" claim as presented" is a writing which fails to include the above elements of a TortClaim, but the contents of the document" make it readily discernible by the entity that the intendedpurpose thereof is to convey the assertion of a compensable claim against the entity which, if nototherwise satisfied, will result in litigation." Green v. State Center Cmty. Coll. ( 1995) 34 Cal. App.4`h 1348,1358. This standard contemplates two distinct requirements:

1. An assertion of money damages; and

2. An assertion that if the claim for money damages is not satisfied, litigation will result.

If a document submitted to a public entity contains the above information, the public entity is on noticethat the sender of that document is attempting to assert a Tort Claim. This triggers a duty on the part ofthe public entity to provide a Notice of Insufficiency.

ACSA— Tort Claims

November 8, 2013

Page 2

Notice of Insufficiency

If a document is submitted which does not contain the elements above as required by G. C. §§ 910 and

910. 2, a duty to send a notice of insufficiency may be triggered. Within 20 days after a claim ispresented, the public entity may give the claimant written notice of any substantial defects or omissionsthat prevent the claim from substantially complying with the requirements of G. C. §§ 910 and 910.2.

The entity cannot take action on the claim for 15 days after it provides a notice of insufficiency. ( G. C.

910. 8.)

Late Claims

Claims " relating to" causes of action for death, injury to person, injury to personal property, and injuryto growing crops must be filed within 6 months( or 182 days) after a cause of action accrues.

Claims relating to "any other" cause of action (e. g., damage to real property and most actions for breachof contract) must be filed within 1 year after accrual. ( G. C. § 911. 3.)

When a claim that is required to be presented within 6 months after accrual of the cause of action is

presented late( without an application to present a late claim), " the board or other person designated

by it may, at any time within 45 days after the claim is presented, give written notice to the personpresenting the claim that the claim was not filed timely and that it is being returned without furtheraction." ( G. C. § 911. 3( a).)

Public Entity Created Forms

Previously, the law required public entities to create forms for Claimants to use in preparing a TortClaim, and allowed the public entity to require the use of that form. This is no longer allowed. G. C.910.4 has been amended so that generally public entities cannot insist their own forms be used. An

entity cannot refuse to accept claim because it wasn' t on that entity' s special form.

Note: This information is condensed from a presentation made by Alesa Schachter, Attorney at Law,and Jason Sherman, Attorney at Law, of the Law Offices ofJohnson, Schachter& Lewis, APLC, 2180

Harvard Street, Suite 560, Sacramento, CA. For more information please contact Alesa and Jason at916) 921-5800.

RJK

10/ 26/ 2013



OCTOBER 1, 2012

TRANSPORTING STUDENTS

Background 10 Passenger Vans Sport Utility Lion, especially on field trips or sportingWhether it' s home- to-school, field trips

events. This is usually achieved eitherP Vehicles and Passenger Vehicles

or sporting events how to transport Stu- by the coordination of district personnelp g P None of these vehicles require a com-

or individually by parents.dents, and by whom, is an important mercial license to operate, regardless of

consideration for district administrators. whether they are used to transport stu-

How volunteer transportation is coordi-dents. It is important to note that some

nated will determine what insuranceIt is SISC' s position that the best 12 passenger vans have been modified somethod of transporting students is

policies come into play. The way toP $ as to reduce the capacity in order to

establish the greatest level of protectionwith a yellow school bus driven by allow a non- commercial license holdera licensed school bus driver,

for the district is to not provide trans-to operate the vehicle. This is a contro-

portation or to coordinate transporta-versial issue that must be carefully con-

tion to an event. For example, if the

Every effort should be made to put asidered b district administration. The

school bus driver behind the wheel of ay band has a scheduled competition and

issue involves the design of the vehi- the students are told the location and

vehicle that is transporting students. cle— so the purchase of such vehicles informed that transportation will not be

Licensed school bus drivers are subject to should include factory designed orongoing training and education that helps

provided, then the parents are responsi-

g g g P modified vans that reduce capacity. ble to coordinate the transportation ofto make them the safest drivers on the

Districts should not modify vehicles onroad. However, we recognize this is not

their own.

their children to the event. The district

always feasible so the remainder of this does not have liability for any incident

bulleting w explorelore the other availablethat occurs en route to the competition.

P Also, with this category care should beoptions. taken to ensure the vehicle is not being

overloaded with passengers and gear.

Student Transportation 013tions Heavy athletic gear can quickly overloadCharter Bus a vehicle and effect vehicle handling.It is acceptable for districts to use com-

mercial charter services; however, the Only properly trained and licenseddriver must either possess a California school employees should operate dis-

School Bus license or be SPAD certified. trict-owned vehicles. These employees

should also be evaluated and held to

15 Passenger Vans behind- the-wheel proficiency standards. HW%

The current standard requires a Class BDistricts should consult their bus driver schoob

license ( commercial license) and an en- instructors/ trainers to create and/ or 2000 K Street

dorsement for operating a passengerdeliver training for all school employees Bakersfield CA 93301

transportation vehicle ( see CA Vehiclewho may transport students. PO Box 1847

Code section 233). Bakersfield CA 93303- 1847

Parent& Volunteer Drivers

The license requirement is based on the District administrators should not allow Phone: 661- 636-4604

design of the vehicle not the number of parents or other volunteers to operate Fax: 661- 636-4418

passengers being transported. A 15 pas- school- owned vehicles. However, it is

senger van cannot be modified to carry becoming more common for districts toHTTP:// SISC. KERN. ORG/ PL

fewer passengers so as to avoid the licens- utilize the help of parents or other vol- SCHOOLS HELPING SCHOOLS

ing requirement. unteers to provide student transporta-

However, if in the same circumstance the If volunteer drivers will be utilized and

band director coordinates several parents coordinated by the district, a Driver Reg-to transport the students assigning stu- istration Form should be completed and

dents to volunteer drivers in order to en- kept on file.

sure everyone has transportation, then the

district has assumed liability for this trip. If you have any questions or would likeThis is not necessarily prohibited but dis- additional information, please contact

trict administrators must realize that such your SISC II Safety representative atdrivers will likely be deemed volunteers ( 661) 636- 4604.

of the district, thereby, covered under theworkers' compensation and liability insur-ance of the district. Vehicle and Driver Matching

In addition the district becomes liable for School Bus Charter Bus District Owned

the actions of its volunteers. This means

that all volunteer drivers must be

fingerprinted and processed at theCalifornia California School

P School Bus Bus Driver or

same level as district employees. A Driver SPAB DriverCalifornia School Bus

current" H6" DMV printout must also be Driver or SPAB Driver

on file with the district. Ensuring thator Class B License with

such drivers have adequate levels of insur- Passenger Endorsement

ance is also important.

Vehicles that are not owned by the district District Owned 10 Passenger Vans, SuVs, and Passenger Vehicles

but used for district business are covered

by SISC as non-owned autos. The SISCDistrict employee with regular Class C license

coverage is secondary to the insurance ofthe vehicle owner.

Privately Owned 10 Passenger Vans, SLIVs, and Pas-Utilizing volunteer drivers can be very

senger Vehicles

problematic and district administrators

should be wary of this practice, especiallyif there is not someone specifically as-

Staff, Parents, or Volunteers with Class C license, fingerprinted, H6DMV printout, and insurance verification

signed to the task of coordinating, review-

ing and approving these driver, as well ascoordinating parent consent regardingprivate transportation.

ROBERT KRETZMER ELSA LARA CAROL RAY HILDA TABORA

DIRECTOR CLAIMS EXAMINER II CLAIMS EXAMINER II CLAIMS EXAMINER I

661. 636.4709 661. 636.4736 661.636.4871 661.636.4206

rokretzmer @kern. org ellara@kern. org [email protected] [email protected]

RYAN BOURGET DUNCAN Low TIM RIDLEY TY TAYLOR

ADJUSTER I COORDINATOR SAFETY SPECIALIST ADJUSTER II

661.636. 4606 661.636.4863 661. 636. 4376 661. 636.4601

rybourget@kern. org dulow @kern. org tiridley @kern.org [email protected]

ROXANN DAILEY- WEBB LILIA MORENTIN RANDYE ROGERS PAT TUMBARELLO

ADJUSTER I ADMIN. SECRETARY SAFETY SPECIALIST ADJUSTER 11

661. 636. 4848 661. 636.4495 661. 636.4607 805.929.5950

rodailey @kern.org limorentin @kern.org rarogers @kern.org patumbarello @kern.org

SANDI HARVILLE SABRINA MOTEN JOE SINGLETARY VALARIE WAGNER

SECRETARY II CLAIMS ASSISTANT SAFETY SPECIALIST LEAD CLAIMS EXAMINER

661.636.4604 661. 636.4414 661. 636.4605 661. 636.4694

saharville @kern.org samoten@kern. org josingletary@kern. org [email protected]


November 8, 2013

Glossary of Terms

Action The legal demand of one's right to recover from another person or partymade before a court; a lawsuit.

Answer Document, prepared by defendant in response to complaint, which setsforth defenses— reasons why defendant should not be held responsible.

Appeal The right of a party who has received an adverse decision to take thecase to a higher court for review.

Declarations page An insurance policy information page or pages providing specific detailsabout the insured and the subject of the insurance.

Deductible A dollar amount that the insured must pay toward a covered lossregardless of the cause of loss.

Demurrer The formal mode of disputing the sufficiency in law of the pleading of theother side. In effect, it is an allegation that, even if the facts as stated in

the other party' s pleading are true, there is no assertable cause of actionagainst the demurring party.

Deposition Oral interrogation of witness under oath prior to trial, intended to assist in

the discovery of pertinent facts; also known as examination before trial.

Discovery Procedures such as depositions, interrogatories and physical

examinations, by which parties to a lawsuit can find out facts and theoriesupon which their adversaries will rely at trial.

Dismissal Termination of a legal action either with prejudice (action cannot be

brought again) or without prejudice( action may be brought again.)

Excess coverage Insurance that covers losses above an attachment point, below which

there is usually another insurance policy or a self-insured retention.

Government Claims Act In 1963 the legislature enacted the comprehensive Government Claims

Act, abolishing all common law or judicially devised forms ofgovernmental liability. Government Code Section 815 declares thatexcept as otherwise provided by statute a public entity is not liable for aninjury, whether such injury arises out of an act or omission of the publicentity or public employee or any other person." Under the Act all

governmental liability is statutory, except as required by the state andfederal constitutions. ( California Government Tort Liability

Practice/Fourth Edition)

Guardian ad litem A guardian appointed by a court to represent the interests of a minor childor incompetent in a lawsuit.

Hearsay Testimony by a witness based not on his or her own observations but onwhat someone else said, offered in evidence to prove the truth of whatwas said.

1

Indemnification Legal responsibility, either assumed by contract or imposed by law, of theindemnitor to protect the indemnitee against the liability or loss;indemnification against liability( also called hold harmless) requires theindemnitor to actively defend the indemnitee against liability claims whileindemnification against loss only requires reimbursement after a loss hasbeen incurred.

Independent contractor Worker who, unlike an employee, is not controlled by the employer so thatthe employer is not responsible for the independent contractor's acts.

Interrogatories Discovery procedure by which one party submits written questions toanother party in an attempt to gather facts in preparation for trial.

Mediation An informal and nonbinding method of dispute resolution whereby a third-party mediator conducts discussions between the parties in an effort tofocus the issues and promote settlement.

Negligence Act or omission not done with reasonable care and for which actor can be

held civilly liable.

Punitive damages Also known as exemplary damages, they are not awarded to compensatethe injured plaintiff but to punish the defendant and deter future

wrongdoing.

Respondeat superior Latin meaning let the master answer.) This rule establishes the vicarious

liability of a principal for acts committed by an agent while in the scope ofthe agency.

Self-Insured Retention A dollar amount specified in an insurance policy that the insured must paybefore the insurer will make any payment for a claim.

Statute of Limitations Statute that prescribes the time within which a legal action may becommenced and after which time no further legal action is possible.

Subrogation Right of one(subrogee) who has paid, in connection with a legal obligationto do so, a debt on behalf of another( subrogor), to stand in the subrogor's

shoes in making demand on a third party to recoup that payment.

Tort Latin meaning twisted.) Refers to any civil wrong for which a legalremedy is available, usually involving the recovery of damages.

Umbrella policy A liability policy that provides excess coverage above underlying policiesand may also provide coverage not available in the underlying policies,subject to a self-insured retention.

American Educational Institute, Inc./ Common Law and the Courts/Tenth Edition, 2001

American Institute for Chartered Property Casualty Underwriters/ Foundations of Risk Management andInsurance/ First Edition, August 2010

American Institute for Chartered Property Casualty Underwriters/Property Loss Adiusting/Third Edition/April2010

RJ K

08/ 05/2013

2

What I' ve Learnedby Andy Rooney

I' ve learned that when you' re in love, it shows.

I' ve learned that just one person saying to me, " You' ve made my day," makes my day.

I' ve learned that having a child fall asleep in your arms is one of the most peaceful feelings inthe world.

I' ve learned that being kind is more important than being right.I' ve learned that I' ve learned that no matter how serious your life requires you to be, everyone

needs a friend to act goofy with.I' ve learned that sometimes all a person needs is a hand to hold and a heart to understand.

I' ve learned that simple walks with my father around the block on summer nights when I was achild did wonders for me as an adult.

I' ve learned that life is like a roll of toilet paper. The closer it gets to the end, the faster it goes.

I' ve learned that money doesn' t by class.I' ve learned that it' s those small daily happenings that make life so spectacular.I' ve learned that under everyone' s hard shell is someone who wants to be appreciated and

loved.

I' ve learned that to ignore the facts does not change the facts.

I' ve learned that when you plan to get even with someone, you are only letting that personcontinue to hurt you.

I' ve learned that love, not time, heals all wounds.

I' ve learned that the easiest way for me to grow as a person is to surround myself with peoplesmarter than I am.

I' ve learned that everyone you meet deserves to be greeted with a smile.

I' ve learned that no one is perfect until you fall in love with them.

I' ve learned that life is tough, but I am tougher.

I' ve learned that opportunities are never lost; someone will take the ones you miss.

I' ve learned that when you harbor bitterness, happiness will dock elsewhere.

I' ve learned that a smile is an inexpensive way to improve your looks.3 I' ve learned that I can' t choose how I feel, but I can choose what I do about it.

I' ve learned that one should keep his words both soft and tender, because tomorrow he mayhave to eat them.

I' ve learned that everyone wants to live on top of the mountain, but all happiness and growthoccurs while you' re climbing it.

I' ve learned that it is best to give advice in only two circumstances; when it is requested andwhen it is a life-threatening situation.I' ve learned that the less time I have to work with, the more things I get done.

Kretzmer

Education

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