Risk
Management
Welcome to Risk Management !
The materials in this presentation are intended to
help you. You should contact us if any of these
issues are, or become, your responsibility, and
you have questions.
Risk Management, Office of the Comptroller
Central Administration Building
8115 Gatehouse Road
(571) 423-3620
Falls Church, VA 22042
(571) 423-3657
http://fcpsnet.fcps.edu/fs/budget/riskmanagement
MaryJane.Fick@fcps.edu
Harrison.Combs@fcps.edu
Tiffany.Wood@fcps.edu
Lorena.Blalock@fcps.edu
Who Ya Gonna Call?
To ask questions about…












Self-Insurance
Liability Claims and Coverage
Property Losses and Insurance Coverage
Student Accident and Medical Insurance
Risk Assessments
Parental Authorization and Acknowledgement of Risk Forms
Field Trips
Sponsorship of Activities or Events
Prohibited Student Activities
Water-Related Activities
Charity Drives and Fundraisers
Contracts
Risk Management, Of Course!
Risk Management Web Site
http:///fcpsnet.fcps.edu/fs/budget/riskmanagement









Approved & Certified Commercial Carriers
and Vendors
Forms
Policies, Bylaws, and Regulations
Prohibited Student Activities List
PTAs and Booster Clubs
Fact Sheets
STARS Web
Student Insurance Info
and much more…
Our Mission…


Risk Management is committed to
minimizing or eliminating risks that
endanger the safety and well-being of
FCPS’s students, staff, property, and
financial resources.
Risk exposures are identified, measured,
and analyzed, then appropriate treatments
are implemented, treated, and possibly
modified.
Our objectives…

To secure effective and economical commercial insurance,
as needed

To identify and correct loss trends, and stabilize the cost of
risks

To perform risk assessments in order to provide practical
and useful recommendations




To optimize the loss prevention
and loss control awareness
within FCPS
To train and educate employees
To administer the School Board’s
liability self-insurance program
To provide a professional standard in claims and litigation
management.
Property Insurance




Risk Management is responsible for
ensuring coverage for the property
of FCPS (commercial insurance policy)
Deductible: $100,000 Losses below $100,000
RM, including
 Theft
 Water Damage
 Vandalism
 Other…
RM also pursues claims
the insurance carrier for
per occurrence
must be budgeted by
against
applicable FCPS losses.
Other Insurance Coverages





Equipment Breakdown (boilers & other pressure
vessels)
Bonding of employees
Fiduciary Liability (ER-FC and Employee
Benefits).
VHSL-sponsored activities-related catastrophic
injuries
Field Trips
Student Medical Insurance


Some parents mistakenly believe
that the school division carries
medical insurance for student
injuries that occur at school. This is
not true.
FCPS provides no medical insurance
for its students.
FCPS does make available for
optional purchase a low-cost
student accident insurance
program:
•
•
•
•
Dental
At school
24-hour
Football
Student Personal Property Losses

FCPS provides no coverage for
students’ personal property losses
suffered while at school, on school
buses, or in any FCPS activity.
Confiscated Student Property



Confiscated property must be protected;
once it is in the possession of a FCPS
employee, care, custody, and control
of the property is expected.
If the property is not properly
secured, the School Board
may be legally and financially responsible
for reimbursement for the loss.
If a claim is made, RM will investigate.
Employee Personal Property
Losses at Work


FCPS provides no coverage
for personal property losses
suffered by its employees
while on the job.
Rare exceptions are made
when extenuating
circumstances warrant.
Liability Self-Insurance


FCSB adopted “The Plan” (Fairfax County School
Board Liability Self-Insurance Plan) in 1986.
FCPS self-insures:
• Vehicle Liability: School Board members,
employees, authorized volunteers, while using
FCPS owned, hired, or borrowed vehicles
• General Liability: School Board members,
employees, teachers, authorized volunteers.
• School Board Legal Liability: School Board
members, employees, teachers, authorized
volunteers.
Claims Administration

Risk Management manages “the
Plan”

RM funds ‘the Plan’ in order to pay
claims FCPS owes

RM investigates claims for bodily
injury and property damage

RM coordinates all liability lawsuits
against FCPS and its
employees/volunteers
Risk Management Plan





RM needs to know all
specifics of the event and
verify that prohibited
activities will not be
involved
Safety rules
Certificate of insurance
(for liability)
RM needs to review
contract or MOU
RM will customize parental
permission, as needed
Liability Implications for Student
Activities


Many student activity issues have
liability implications that are resolved
quickly, while others require research,
documentation, and coordination
Examples:
• Amusements (moon bounce, dunk tank)
• Unusual athletic events (5K run, wall climbing)
• Child care in schools
• Camping, hiking, caving
• More…
What makes a field trip “unusual”?


Involves student safety or
FCPS liability
Includes a water-related
activity (e.g. amusement park,
hotel swimming pool, etc.)

Involves overnight trip

Involves foreign travel
Water-Related Activities



Activities that involve going into or onto
water always have risk exposures.
Several water-activities are prohibited and
cannot be FCPS sponsored (water skiing,
swimming pool parties, etc.).
School must follow specific
guidelines when planning
water-related activities.
Unusual Field Trips Request



RM must receive the completed
request form & attachments at
least 4 weeks prior to field trip.
Detailed itineraries are required
(must include all activities that students may
participate in).
RM will complete a risk assessment to
determine the degree of risk for each activity,
and return request to school.
Walking Field Trips
Consider the following when planning a walking field
trip:
 All routes require preapproval by the Office of
Safety & Security
 Avoid busy intersections and areas that may be
unsafe for a large group
 Monitor changing weather conditions
 Ensure that students are dressed appropriately for
the activity and weather conditions (coats, proper
shoes, etc.)
Prohibited Student Activities
A prohibited activity cannot be sponsored by FCPS
 Airplane or helicopter rides
 All terrain vehicle rides
 Auto racing
 Bike riding
 Break dancing
 Bob Sledding
 Bungee jumping
 Canoeing
 Circus sponsorship
 Cruises (elementary level only)
 Dodge ball
 Dog Washing (except for Animal Science Program)
 Fishing (with hooks)
Prohibited Student Activities














Gelatin, mud, and pudding wrestling
Hang gliding
Horse back riding
Hot air ballooning
Ice hockey
Kayaking
Motorcycle rides
Paint ball
Parasailing
Parties on watercraft
Rafting
Rappelling
Rowboating
Rugby
Prohibited Student Activities













Running in school hallways
Sailing
Scuba Diving
Skiing (Snow & Water)
Sky Diving
Snow Boarding
Surfing
Swimming pool parties
Tattooing
Trampolines
Tubing
Tug-of-War
Velcro wall
Liability Shields: Informed
Consent Forms, Releases, Waivers,
Permissions
“If I had known about it, I would not
have allowed my child to participate…”



Liability shields are used to limit and
perhaps eliminate potential liability.
If something goes wrong and a student suffers bodily
injury while participating in a FCPS activity, these
forms may be used as evidence to a court that the
school acted reasonably in informing parents of
potential risk(s).
Parents must be given sufficient information to
understand the nature and scope of the activity.
Liability shields must clearly specify all significant risks.
Contracts & Agreements

Effective July 1, 2006 all contracts for services must include certifications
regarding contractor’s employees criminal convictions
(http://www.fcps.edu/fs/budget/riskmanagement/certifiedvendors.htm)

School contracts should not be signed without review by Risk Management .
Only the principal, program manager, or designee may sign contracts.

The School Board’s self-insurance plan may not cover staff members who
sign contracts without review by Risk Management.


Contracts may contain clauses, language, or other requirements that FCPS
cannot satisfy. Risk Management will review these sections for possible
modification or elimination.
Risk Management does not review contracts or agreements for the “best
financial deal” for schools. The review process is designed to protect the
School Board and its employees from potential liability situations.
Employees served with legal
papers…

Anytime a FCPS employee is served with
legal documents (lawsuit, a warrant-indebt, subpoena) arising out of the
operation of a FCPS motor vehicle or the
general operation of the school division, RM
should be notified immediately.

RM is responsible for determining
appropriate liability coverage and engaging
School Board attorneys to represent FCPS
and its employees.

RM will advise employees about their rights
and responsibilities .
Risk Assessments
Is this activity too dangerous?
Should it be eliminated?
What precautions must be implemented?


Risk Assessments are a
systematic, practical way of
performing the risk
management of specific
events, activities, etc.
RM assesses the level of each
risk and develops a plan to
deal with those risks.
No “Portal to Portal”
Responsibility!


Virginia Code 22.1-78
authorizes School Boards to
discipline students for
inappropriate behavior
while they are on their way
to and from school.
Disciplinary authority does not mean
responsibility for supervising
students while they are on
their way to and from school.
Property Losses
Regulation 5720



ALL School Board property losses must be reported to RM
within 30 days from the date of discovery of the loss.
Only losses over $300 per occurrence will be considered for
replacement. Effective July 1, 2008, schools and departments
are responsible for a deductible equivalent to 50 percent of the
replacement cost for lost or stolen computers and equipment.
Please refer to Risk Management Fact Sheet Number 31 for
proper claims procedures so that claim processing may be
expedited.
Screening Volunteers






Devise a screening mechanism to help you
match volunteers with projects.
Know the sources of your pool of potential
volunteers.
Get to know the individuals!
Use a volunteer application form
& personal interview.
Ask for personal references.
Keep a record of volunteers’ time and
contact (and use it as reference base for
future tasks).
Sponsorship of Activities & Events
Who is sponsoring, FCPS, a PTA, or a booster club?
Knowing the answer is imperative! Otherwise the activity may
have inadequate insurance protection and organizers might be
unexpectedly exposed to potential liability!
If the event is FCPS-sponsored:

Advertise the activity as FCPS-sponsored.
Supervision of the planning, organizing, and completion of
the activity is by FCPS employees.


Provide detailed information about the activity to parents.
Parents must provide signed permission forms for their child
to participate.

Do not allow the school facility to be used without adhering
to Community Use directives.

If the event is not FCPS-sponsored:

Do not advertise the activity as FCPS-sponsored.

Be sure that the sponsoring organization is in charge of
planning and organizing, not FCPS employees!



Do not use school letterhead to advertise
the activity.
Do not use school facility for the activity
without the sponsoring entity adhering to appropriate
Community Use directives.
Remind the other organization of its responsibility to
provide its own liability insurance.
PTAs and Booster Clubs should
consider…


Incorporating legally under Virginia Law to protect
the personal assets of officers and members of an
organization in the case of a lawsuit
Purchasing a liability insurance policy for financial
protection.
PTAs and booster clubs are excluded from
coverage extended to FCPS, even if the activity or
event is held on school property.
Golf Cart Use

Golf carts are for official use
only and should be driven with
care at all times.

Their use is limited to Physical Education teachers,
coaches, athletic trainers and security personnel.

No student shall be permitted to drive the cart at
any time.

The cart must be kept in a secure storage room.

When not in immediate use, the cart shall be
parked away from pedestrian traffic, with the key
removed and the wheels blocked to prevent rolling.
Car Bashing


This activity shall not be FCPS-sponsored
Organizations wishing to sponsor this activity on
school grounds must apply for permission (form
ADM-20), Application for Community Use of
Schools Facilities & Grounds.

Proof of liability insurance is required.

Safety and security rules must be followed.
Inflatables

Take the following into consideration when planning a FCPS
sponsored event that includes inflatables:
• There are inherent risks involved with the use of inflatables.
Risk Management Fact Sheet Number 64 provides further
details about these risks.
• Manufacturer’s recommendations, operating instructions,
safety inspections, and maintenance procedures must be
followed.
• The device must be supervised and monitored at all times by
properly trained personnel who understand and enforce the
required safe practices for the unit.
• The inflatable company must have insurance coverage. Obtain
a Certificate of Liability Insurance from the vendor and send it
to RM.
• Send any vendor contract or waivers to Risk Management for
approval. Only principal or designee can sign contracts.
• Ask vendor to complete criminal certification documents and
send them to RM.
Off-Campus Running
 Training Course Design & Planning
Training courses for student-athlete runners should be
carefully planned:
Use on campus courses whenever possible.
When running on public roads, look for wide shoulders,
paralleling sidewalks, and bike trails.

 Administrative Approval
All off-campus training courses
require approval on an annual
basis, following specific procedures
determined by the Safety and Security Section.
Animals in the Classroom




The educational value of having
an animal in the classroom must
be weighed against potential
for a bite, sting, or health hazard.
Exotic, poisonous or vicious animals and insects are
prohibited.
Wild animals can be brought into the classroom only
if direct supervision is provided by a trained
professional.
Animals may cause allergic
symptoms.
Campus Solicitation by
(Insurance) Vendors


Only representatives of companies
that are part of the official FCPS
benefits program should be
allowed to meet with employees
on school grounds.
Schools should direct employees
who have questions to the HR
Employee Service Center (571)423-3000.
Tree & Limb Damages from
FCPS-Owned Trees




Contact Ground Services initially to report the
downed tree. If a downed tree causes
damage to citizen property Risk Management
should be contacted immediately.
If a tree was healthy, FCPS is not responsible
and will not pay for damages.
FCPS will pay for damages caused by a dead
tree/limb if we were aware of the tree’s
condition.
Risk Management will investigate each
incident on a case-by-case basis.
Flyers




FCPS does not allow sales flyers/promotions to go
home with students, unless it is from a non-profit.
Fliers and other community materials must be related
to the schools’ educational mission, be directed to
students, not be harmful to children, be ageappropriate, and not be violations of the current
versions of Regulations 2601 or 2612.
Send flyers to the Office of Communications and
Community Outreach for review.
See Regulation 1367.2 for more information.
Open campus



Every student must attend school
during prescribed hours.
A permission slip signed by a
parent must be on file with the
principal when a student leaves
school premises during regular
school hours for any reason,
other than a medical emergency.
No school is to allow students
off-campus during school hours
without signed parental
permission, and approval from
the Superintendent/School Board.
Sea Containers


Facilities does not approve
them; they are considered
unsightly and potential areas for
rodents. When rusted-out they
become dangerous, and
expensive to dispose of.
Schools should request an
estimate for a permanent precast concrete structure. No
wood or metal.
Leasing Vehicles
When leasing a vehicle for a
non-field trip purpose:

Never lease a vehicle without
liability coverage. Purchase the
liability available at the
maximum limits.

All potential drivers must be
named on the lease.

Procedures for leasing vehicles
for instructional field trips can be
found in Regulation 5790.3.
When in Doubt
Call Risk Management!!!
Contact us with any questions or
concerns