Port Townsend School District
450 Fir Street
Port Townsend, WA 98368
360.379.4502
Port Townsend School District Linclon School Building
School Board Superintendent Staff Human Resources Special Programs Financial Services Maintenance and Operations

Management Support Policy 6530: Insurance

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

Liability Insurance

The district shall maintain sufficient liability insurance to protect it against claims for the negligent or wrongful acts of its staff or agents. The amount and terms of such insurance protection shall be reviewed annually as part of the district's risk management program.

The board shall hold individual board members, administrators, staff or agents of the district harmless and defend them from any financial loss, including reasonable attorneys' fees, arising out of any act or failure to act, provided that at the time of the act or omission complained of the individual so indemnified was acting within the scope of his/her responsibilities or employment and in compliance with the policies and procedures of the district. A member of the board of directors or a superintendent of any school district is immune from civil liability for damages for any discretionary decision or failure to make a discretionary decision within his or her official capacity, but liability shall remain on the district for the tortious conduct of the board members and superintendent. The superintendent shall obtain errors and omissions insurance in the amounts deemed necessary by the board.

Property Damage Insurance

The district shall maintain a comprehensive insurance program which shall provide adequate coverage, as determined by the board, in the event of loss or damage to school buildings and/or equipment, including motor vehicles.

Staff Insurance

The district shall develop and maintain an effective program of insurance for its staff. Such programs may include, but are not limited to, unemployment compensation, industrial accident and/or injury insurance, liability and medical insurance.

The district may make available liability, life, health, health care, accident, disability or salary protection insurance or any one of or a combination of these types of insurance and may contribute all or part of the cost of such insurance.

Unemployment Insurance

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

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

Workers' Compensation

Workers' compensation is an insurance program which covers job-related injuries and occupational diseases. School staff members are covered by a self-insured program which has been approved by the Washington State Department of Labor and Industries. The staff member is protected in two ways:

  1. Medical costs resulting from job injuries are paid.
  2. Injured employees are paid a partial wage while off work because of a job injury or illness due to on-the-job causes.

When a staff member is injured on the job with a time loss, the district will grant full sick leave for the first three (3) days provided the staff member has accumulated sick leave to cover. For each day covered by workers' compensation the employee may use accumulated sick leave to make up the difference between the workers' compensation payments and the employee's regular salary. In such instances, total pay shall not exceed the staff member's regular pay.

Hold Harmless Insurance for Employees

The district shall provide its staff with insurance protection while they are engaged in the maintenance of order and discipline and in the protection of students, other staff and property. Such insurance protection must include liability insurance covering injury to persons and property and insurance protecting staff from loss or damage of their personal property incurred while so engaged.

Medical Insurance

Medical plans are offered in the district on a payroll deduction plan. Staff may select from among those plans which are made available by the district's approval. The district shall make a contribution toward approved insurance premiums for each full-time staff member each month in an amount which is determined each year. In the event of any fully-funded legislative changes for payment of insurance premiums, such funds shall be provided automatically as additional contributions.

When a staff member is on leave and the staff member's accumulated paid leave has been exhausted, the district shall notify the staff member that the medical insurance benefits are exhausted and the premium is due. The district shall accept the premium from the staff member and remit it to the carrier each month during the term of an approved leave of absence.

The district will advise staff of the availability of extended group medical insurance to terminated staff members and his/her dependents. Such terminated employees shall be permitted to remain on their group medical plan for up to 36 months after the termination. Staff members who voluntarily quit, retire, are laid off, or are discharged for reasons other than gross misconduct, may qualify for this program. The staff member shall be required to pay the premiums after termination.

Cross References: Policy 5321 Sick Leave
  Policy 6500 Risk Management
  Policy 6535 Student Insurance
  Policy 6540 School District Responsibility for Privately Owned Property
Legal References: RCW 28A.320.060 Officers, employees or agents of school districts or educational service districts, insurance to protect and hold personally harmless
  RCW 28A.320.100 Actions against officers, employees or agents of school districts and educational service districts-- Defense, costs, fees--Payment of obligation
  RCW 28A.335.010 School buildings, maintenance, furnishing and insuring
  RCW 28A.400.350 Liability, life, health, health care, accident, disability and salary insurance authorized--Premiums
  RCW 28A.400.370 Mandatory insurance protection for employees
  RCW 24.470 Liability of officials and members of governing body of public agency
  RCW 4.96.010 Tortious conduct of political subdivision - Liability for damages
  RCW 41.50.160 Restoration of withdrawn contributions by annual installment
  RCW 50.20.050 Disqualification for leaving work voluntarily without good cause
  RCW 50.44.030(3) Insurance pools
  RCW 50.44.050 Benefits payable, terms and conditions
  29 U.S.C. A 1161-1168 Consolidated Omnibus Budget Reconciliation Act
  WAC 296-15 Worker's compensation self-insurance

ADOPTED: January 9, 1986
REVISED: January 25, 1999
REVISED: November 24, 2003

Last Updated 03.21.05