by June Kissinger
The Fund’s Board of Trustees met on November 7, 2008, at TASB headquarters in Austin.
The Fund Board heard reports from the Audit and Finance Committee, the Claims Committee, and the Member Services Committee. The Audit and Finance Committee presented a report on the preliminary August 31, 2008, financial statements. The Fund continues to enjoy a strong financial position, ending the year with a $1.7 million increase in Members’ Equity. The Committee also presented the Fund’s annual investment report to the full Board. The Claims Committee reported on Hurricane Ike claims and presented the annual report on claim trends and activities. The Member Services Committee reported on the 2008-09 renewal and marketing results, the 2008-09 reinsurance program, and member training programs.
The full Board conducted the annual review of board policies and listened to staff reports on the 2007-08 administrative fees and the Program Review and Evaluation Process (PREP).
Finally, the Fund Trustees elected the officers for 2008-09. They are as follows:
Chair: Kevin Carbo –Mesquite ISD
Vice Chair: Ben Coker – Highland Park ISD – Dallas County
Treasurer: David Webb – Deer Park ISD
Secretary: James B. Crow - TASB
by Amy Magee, Senior Attorney, TASB Legal Services
Bullying is a pervasive problem in schools. According to one study, in 2005, approximately 28% of students ages 12––18 reported being bullied during a 6 month period. Indicators of School Crime and Safety: 2007, U.S. Department of Education, nces.ed.gov/programs/crimeindicators/crimeindicators2007.
Bullying is conduct engaged in with the purpose of intimidating or demeaning the victim. Bullying may be in the form of physical conduct or written or verbal expression, such as hazing, threats, taunting, confinement, assault, and ostracism. Bullies may even use electronic communications, a practice commonly referred to as cyberbullying. To meet most legal standards for bullying, the conduct must be severe, persistent, and pervasive enough to create an intimidating, hostile, or abusive educational environment for the victim.
Districts should appropriately address bullying as early as possible to prevent or otherwise lessen the negative impact such acts may have on the learning environment. Preventative measures may also help the district avoid events that may result in district liability.
by Charles Hueter
The TASB Risk Management Fund Board approved the next Loss Prevention Grant Program, so it’s time to get ready. We awarded Fund members $3.4 million over the last eleven years to help address loss prevention concerns. Don't let this opportunity pass you by!
We are all painfully aware of the budget issues public schools face. Sometimes important issues must be pushed aside to fix more critical problems. Maybe one of your issues is gym lighting that requires a tall ladder to reach, increasing your maintenance staff's exposure to falls. Maybe the fire suppression system in the high school cafeteria isn't up to code and is in danger of getting red-tagged. Maybe the only people who know CPR are stationed far away from the administrative building.
Each of these is an example of a situation that boosts your chances for a loss. Every loss is wasted time, effort, and attention. Unfortunately, many losses also involve injuries or death. This is why we focus on prevention.
Applying for a Loss Prevention Grant is easy. Head over to the TASB Risk Management Fund Web site in January 2009 and look for the grant link. Once there, you can select your organization from the drop-down list. This list is pre-screened for eligibility criteria based on your enrollment in Workers' Compensation and Property/Casualty, so if you think there is an error, please contact us immediately. If you apply for a grant that seeks to manage Workers' Compensation issues, you must be a current member of the WC pool. If you apply for a grant that seeks to manage Property/Casualty issues, you must be a current member of the P/C pool. Of course, we encourage you to apply for both if you are a member of both!
The next step is filling in some basic information and agreeing to the grant's terms. You need to remain a member in the applicable program for the duration of the fiscal year. It is also important that you send us proof of your purchases before the next grant cycle begins.
Once these tasks are out of the way, the real work begins. Within the "grant shell" you've created, you can now organize and describe the types of equipment, services, training, or other things you wish to purchase. Your grant application will remain open for editing until the closing date in March, giving you several months to refine your proposal.
It is important to clearly identify what your loss prevention concerns are and how you think your purchases can alleviate them. We also recommend you include supporting documentation, such as vendor quotes, item descriptions, diagrams, and other ways of explaining your proposal beyond what is entered into the application as text. The most important part of the grant that we evaluate is your justification.
We want to help you tackle those issues that seem to get looked over each budget year. If you have questions about the Loss Prevention Grant Program, please contact Clem Zabalza, assistant director of Loss Prevention Services, at 800.482.7276, extension 4325. If you have questions regarding technical aspects of the grant, please call Charles Hueter at 800.482.7276, extension 6305.
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by Marcos Mendoza
On January 1, 2009, some significant changes in the law regarding the Americans with Disabilities Act of 1990 take effect with the enactment of the ADA Amendments Act of 2008. These amendments refine who is considered a disabled person under the original act. Employers will probably see an increase in disability discrimination legal actions, as the amendments broaden the scope of people who can sue under the Act, and cases will be more difficult to dismiss.
Some of the changes include, but are not limited to:
These increased obligations under the amendments to the ADA may force an employer to assume an employee with a medical or other condition is considered disabled under the ADA. Early discussions with your Human Resources Department, general counsel, and outside counsel will be more important than ever to mitigate legal actions.
by June Kissinger
Dan Troxell of Kerrville ISD was named Superintendent of the Year by the Texas Association of School Boards September 28 in Dallas. The Award is presented annually at the Texas Association of School Administrators TASA/TASB Convention to recognize chief administrators who exemplify excellence and achievement in educational leadership. State finalists for the prestigious award included Ted Moore, Lovejoy ISD, ESC 10; Stephen Waddell, Birdville ISD, ESC 11; Dennis Hill, Llano ISD, ESC 13; and Doug Harriman, Seminole ISD, ESC 17.
Troxell has served as a Fund Trustee since January 2005. “Dan made an impact on this board the moment he came aboard. He brings the leadership qualities to this board that have made him successful in Kerrville ISD and I have a lot of respect for him.” Kevin Carbo, Fund Board of Trustees Chair. The Fund congratulates Dan on this outstanding achievement.
by Herman Wilks
You may be asking yourself why TASB Risk Management Services (RMS) area, the group that administers services for the TASB RMF, would need a medical director. Well you may be surprised to know that RMS actually houses quite a few medical professionals. In fact, along with the medical director, all told there are 10 registered nurses on staff along with an extended list of consulting doctors known as physician advisors that work directly with RMS Staff.
Together, this team of employees and consultants assist the RMS staff in a variety of ways. The preauthorization of medical treatment and providing telephonic case management services for injured employees whose employer is a member of the Fund’s Workers’ Compensation (WC) program is where the majority of their time is spent. However, they also provide guidance to RMS staff who services all of the Fund’s programs when there is a question regarding a medical issue.
TASB’s medical director oversees the medical staff and ensures the highest quality and consistency standards are being met. TASB’s previous medical director resigned earlier this summer to pursue a lifelong career goal of board certification in pharmacological medicine as well as to move back into practice full time. In mid September, Brian Buck, M.D., joined the TASB family as the new medical director. Dr. Buck, a physical medicine and rehabilitation specialist, is a graduate of UT Medical Branch at Galveston and completed his residency at the University of Utah Medical Center in Salt Lake City. An Austin native, Dr. Buck is board certified in a number of areas including physical medicine and rehabilitation and electrodiagnostic medicine. He is also certified as a designated doctor by the Texas Department of Insurance. Dr. Buck’s years of experience in the field of medicine as well as his vast knowledge of the WC in Texas make him a welcomed addition to the organization.
by Ashley Purcella
Now that the safety and security audits are completed, districts may be thinking, “Where do we go from here?” The simple answer to that question is, this is just the beginning. The audit program is an ongoing process that needs your time and attention. The documents provide your initial evaluation, and now the task is to keep them relevant and up-to-date.
The security audit was created to assist districts in keeping the school community safe and productive. The audit will continue to be conducted every three years, and for some school districts it will take three years to survey all facilities. Districts should use the audit as a working tool to investigate the security of their facilities and locate areas of concern. Once these areas are discovered, the district can make a plan to correct the issues found. Whether it is a short term or long term goal, it will be beneficial to the district to show the community that the district is proactive in creating a safe and secure environment.
A few guidelines that will help you stay on top of the audit:
These are just a few guidelines to help your district stay active and up-to-date with the safety and security audit. Remember the audit is a living document and should be reviewed and updated regularly. By keeping up-to-date with the audit mandate your district will have less stress towards the deadline, and the process will eventually become second nature to everyone involved.
For more information regarding your safety and security audit, please contact your Loss Prevention Consultant at 800.482.7276. The Texas School Safety Center also hosts audit resources at: http://cscs.txstate.edu/txssc/txssc-safety-audits.htm.
by Ron Garza
Attention Fund Members! The TASB Risk Management Fund wants to help during these trying financial times. With a deadline quickly approaching, January 16, 2009, and $1000 up for grabs, now is your time to step up to the plate and apply for this award.
Over the last five years members have managed to think outside the box in terms of creativity, cost effectiveness, and originality with entries ranging from Christmas cards demonstrating proper safety techniques, teacher crisis buckets, humorous safety videos, employee wellness campaigns and clinics, and online training programs.
This year, there are slight changes to the application process. The deadline for applications is January 16, 2009. Only faxed or e-mailed applications will be accepted. In addition, previous 2008 winning entries are not eligible for the 2009 award. Read the eligibility and selection criteria for more details.
Need some fresh ideas to get you started? No Problem! Check out the 2008 winning entries!
You can be the next winner! Apply today! It is quick and easy. Up-to-10 winners will be awarded $1,000 each to apply to their risk management efforts. Award winners will be presented with a check and award plaque at the 2009 TASB Risk Management Fund Members’ Conference on April 20. For more information or questions about the Innovation Award, or call Stacy Corluccio at 800.482.7276, extension 7233. Don’t miss your chance to win $1000 and good luck!
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by James Ezell
I know everyone is looking forward to some well deserved time off this Christmas, but I must issue a cautionary message to make sure you protect yourselves from needlessly paying unemployment claims because of missed deadlines. If the district is idle, then chances are that you’ll have idle employees too. And what do idle employees do? They file unemployment claims, warranted or not.
December is one of the peak times for filing unemployment claims at school districts for support and auxiliary personnel. Because of the extended time off, you may miss a deadline to respond to a notice of an unemployment claim, a determination to pay benefits, or notice of a telephone hearing.
Why is this the peak time for employees to file claims? If school is not in session, neither are your employees. If they’re not working, they’re not earning money. If they’re not earning money, then they’re filing for unemployment. This is particularly true for hourly employees, who file the bulk of unemployment claims between school terms. While most school district employees do not file claims over the break, enough of them do file to make it worth a little extra diligence in checking for and responding to notices from the Texas Workforce Commission (TWC). Even if your mailroom staff is off work or you’ve put your mail on hold at the post office, that doesn’t stop the flow of mail from the TWC. If they sent it, they expect you to pick it up.
Keep in mind that according to the TWC, workers are eligible to receive unemployment benefits if: 1) they are not fired for misconduct, and 2) they didn’t voluntarily quit. In essence, Christmas break is treated as a temporary work stoppage, which is the same thing as a layoff. Since their job ended through no fault of their own, they’re eligible to file. The only thing preventing your employees from receiving unemployment benefits over the break is your response to the TWC that includes that person’s Letter of Reasonable Assurance to show the TWC that person is supposed to come back to work when the break is over.
Here’s an example of a common situation: many districts have their last day before the Christmas break around Friday, December 19, 2009. Most are returning the following year on Monday, January 5, 2009. What if the TWC mails you a few notices of new claims during the last days of school, and no one is checking the mail over the break?
Those documents will probably reach your mailbox two to four days later while you’re out. As with all TWC documents, you have 14 days from the date something is mailed to respond. If something is mailed on December 19, the 14th day from that date is January 2. If you do not respond before the deadline, or if you’ve placed your mail on hold and don’t pick it up until January 5, you’ve lost your opportunity to respond or appeal any decision made against you, even if it’s obviously false or incorrect. No amount of explaining to the TWC will excuse you for not picking up the mail and responding.
Stopping your mail is not an excuse to the TWC as a reason for failing to respond. The TWC has no way to know that you placed your mail on hold. When the TWC mails you something, it is presumed that you received it three days later. Additionally, if you have any telephone hearings scheduled over the break, you must call in and participate. Being away on a break is not considered good cause to miss a telephone hearing. The TWC is open for taking claims and conducts hearings 52 weeks a year. This includes the week between Christmas and New Year’s Day.
The bottom line is that you must continue to pick up your mail over any break from school. You might not have to do it every day, but please check it at least once a week while you are out. If you need assistance or further explanation, call James Ezell at 800.482.7276, extension 6258.
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by Stacy Hobbs
The duties of a police officer are vast and varied. Depending on the shifts they work, what job they are working, and where they work, resulting work-related injury claims can create confusion regarding the responsible employers.
So, who is responsible for a work-related injury claim when a police officer is injured? Most of the time, that answer depends on which employer he or she was working for at the time of the injury.
Texas Labor Code 401.011 defines “course and scope” of employment in part by the following:
“… an activity of any kind or character that has to do with and originates in the work, business, trade, or profession of the employer and that is performed by an employee while engaged in or about the furtherance of the affairs or business of the employer. …”
TASB staff members are aware of a recent Contested Case Hearing decision citing that Houston ISD (HISD) was the responsible employer in a claim where one of their police officers, who was working part-time elsewhere, was injured at that part-time job. It should be noted that this case is currently being appealed to the Division of Workers’ Compensation Appeals Panel.
Fund member districts should not assume that they will be responsible for injuries to their police officers that occur when they are working a part-time job elsewhere and are paid by another employer.
While the Fund has no control over DWC hearing decisions and those of the courts, members can be assured that any workers’ compensation claim involving a member employed police officer will be investigated thoroughly, evaluated on its own merits, and the law will be applied accordingly.
For questions concerning specific claims, please contact your adjuster at 800.482.7276.