Published on

Kretzmer School Site Creativity, 11/8, 8:30am

Published in: Education
  • Be the first to comment

  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide


  1. 1. SISIC EL= INSURED SCHOOLS OF CA. IFORNIA Schools Helping Schools SCHOOL SITE CREATIVITY ASSOCIATION OF CALIFORNIA SCHOOL ADMINISTRATORS NOVEMBER 81 2013 Robert J. Kretzmer, Director, SISC II Self- Insured Schools of California 2000 K Street, Bakersfield, CA 93301 PO Box 1847, Bakersfield CA 93303- 1847 661- 636- 4708
  2. 2. SISC 1 1 PROPERTY & LIABILITY SELF- INSURED SCHOOLS OF CALIFORNIA Schools Helping November 8, 2013 Schools 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 Back to 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 complex and varied. This morning' s presentation is designed to provide you with information that may be helpful in assessing potential liability exposures that may confront you in the future. The documents contained in this booklet represent the efforts of many individuals 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 issues confronted by our member districts. In the event you have comments or questions regarding SISC, please do not hesitate to contact 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 2000 K StreetA Joint Powers Authority Larry E. Reider Education Center administered by the Kern County Bakersfield, CA 93303- 1847 • Bakersfield, CA 93301 ( Superintendent of 661) 636- 4495 • http:// sisc. kern. org/pl/ FAX( 66/) 636- 4418 Schools Office, Christine Lizardi Frazier, Superintendent
  3. 3. Association of California School Administrators 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 the health of the animal." 2. Bleacher Inspections The Consumer Product Safety Commission ( CPSC) recommends guardrails be present on the backs 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 Safe Playgrounds Pla rounds The National Playground Safety Institute ( NPSI) has identified twelve of the leading causes of injury on playgrounds."
  4. 4. 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 that dampness 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 the request, 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 request of 10. the determination and the reasons therefore." Government Code Section 6253( c). School Environments Display materials must also be located four feet from room exits and corners and nothing should be 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 pupils may obtain through payment of a fee or purchase of additional supplies that the school district or school 13. does not provide." Education Code Section 49011( b)( 3). The Tort Claim Public entities need to be on the lookout for any written documentation which might constitute a claim as presented."' 14. Transporting Students Every effort should be made to put a school bus driver behind the wheel of a vehicle that is transporting students. Licensed school bus drivers are subject to ongoing training and education that helps to make them the safest drivers on the road." Addendum 1. 2. Glossary of Terms What I' ve Learned: by Andy Rooney RJK 11/ 08/ 2013
  5. 5. SELF- INSURED SCHOOLS OF CALIFORNIA & LIABILITY UPDATE PROPERTY OCTOBER 15, 2012 ADVISORY REGARDING ANIMALS IN SCHOOLS life tives of by instruction. the classroom develop to skills interrelationships, the unity, complexity of life." just like animals. Only handlers should disease transmission. Several sources have listed the following animals as unacceptable for the classroom: be allowed to bring animals onto campus to for viewing/ demonstration. administrative approval, Prior all animals Poisonous animals spiders, ( snakes, venomous insects). handlers should be able to produce the Wild, following: non- domestic, animals especially those at high risk for A appreciation an and stewardship, of animal professional" following met. are conditions " if the acceptable sense a comparison, and observation for in animals are not pro- of modes students enables that processes other Studying of or- give students unique perspec- ganisms vided living with experimentation is practice Association, " Observation Teachers and Science National the to According and the covers Beyond that, kids district the insurance of certificate handler as an that names and additional in- armadillos rabies; implicated in have Hansen been disease; Salmonella in hedgehogs; tuber- culosis in brushy- tailed opos- sured. sums; Hantavirus and leptospiThe information is following guidance provide trators as the into animals of prior all rosis in wild rodents). incidents/ injuries involving animal pro- school list/ description A adminis- incorporating consider they of use district to to meant viewing and or certification demonstration that no such inci- grams. A list wolf and dog). dents/ injuries have occurred. Animals On Campus Wolf-hybrids ( crosses between Districts tice pose prevent bringing risk unknown an prac- priate dis- of scratching, and/ or biting injury. There have been several reports of injury to to follow students, to in- student behavior and ap- SISC to individuals in districts from incidents instructor' s the school also be that pet that personally liable in injures an his the brought to should might be held they the event their g her to bring is a safe, pet risks outweigh or a student for the class may viewing, benefit in most have Schools often animal handlers viewing and/ or outside vendors bring g nimals demonstration. or for Such and campylo- The following section outlines the animals that are inappropriate to house in schools and may also be used as guidance for evaluating animal viewing/ demonstrations brought onto seheol. campus. Schools sdWo Animals Housed On Campus Although rooms in the is housing animals in popular, care should be selection of such animals 2000 K Street class- Bakersfield CA 93301 taken as well PO Box 1847 Bakersfield CA 93303- 1847 as the ongoing maintenance and hanPhone: 661- 636- 4604 dung. cases. Baby ducks and chicks ( high risk bacteriosis). pet damages property. instructor may feel that y pet want was an someone or Although or involving Instructors site. aware member year of age). of Salmonellosis propriate participant age. ease, injury Stray animals ( dogs and cats— particularly those less than one cluding a description of appro- Such campus. onto pets the teachers or students of household pets" discourage should of precautions Some Fax: 661- 636- 4418 animals are not appropriate HTTP:// S[ SC. KERN. ORG/ choices to house on campus because of the potential risk of injury and/ or SCHOOLS HELPING SCHOOLS PL
  6. 6. Aggressive animals ( an playing unprovoked behavior should the be dis- animal priate threatening from removed the Other birds, onto campus include: supplier effort monella, reason have animal be should before made If you have any questions or would like additional information, please to minimize have schools many in the opted ringworm. Limited your SISC II Safety representative at By: Safety and Loss Control student handling also reduces the risk of bites this For turtles. especially and and/ or to not allergic reactions/ aggravations. Students should not be charged with cleaning pens and/ or cages unless they classroom. are closely supervised, gloves are worn, The " safest" handled and pose and to are are disease and strict procedures are followed. This in an appropriate activity significantly increases the risk of the to to Hamsters children None preferable. of tions if not controlled properly. with These gerbils, and the so disease transmission and allergic reac- mammals transmission. be biters known small hamsters, mice, rabbits. known those that are least threat the include are exhibited Clearly, manner. regard animals Although it is common for students to rats, gerbils take class animals home during week- are other these ends or over school breaks, such prac- species species to transmit rabies to tices should be carefully planned and humans. controlled. Written acknowledgement health the feasible, Whenever brought into the cleared by the class. tion In campus given advance to sending the animal home with the student. animal. that and student' s Also, explicit written procedures outlin- are be ing how to properly care for the animal before entering should accompany the animal to the stu- classroom addition, be the animals a veterinarian should animals of the parent or guardian should be obtained in Partnering with a local veterinarian can help ensure proper animal selection as well as ensure permission from strong should dent' home. If there is any questions regarding the animal' s health or safety, considera- to allowing only bred in captivity to be housed on due to the wide variety of dis- s the instructor should not send the ani- mal to the student' s home. eases carried by" wild" animals. Animals must have current vaccinations appro- LIABILTY ROBERT KRETZMER ELSA LAR CAROL RAY HILDA TABORA DIRECTOR CLAIMS EXAMINER 11 CLAIMS EXAMINER 11 661. 636. 4709 661. 636. 4' 736 661.636.4871 CLAIMS EXAMINER 1 661.636.4206 ellara@kern. Garay @kern. org hitabora@kern. org rokretzmer @kern. org org RYAN BOURGET DUNCAN LOW TIM RIDLEY TY TAYLOR ADJUSTER 1 COORDIN TOR 661. 636. 4606 rybourget @kern. org 661. 636. 4 dulow @ke 63 SAFETY SPECIALIST 661. 636. 4376 tiridley @kern. org ADJUSTER 11 661. 636. 4601 n. org tytaylor @kern. org ROXANN DAILEY- WEBB LILIA MO kENTIN RANDYE ROGERS PAT TUMBARELLO ADJUSTER 1 661. 636. 4848 ADMIN. SECRETARY 661. 636. 4- 95 SAFETY SPECIALIST ADJUSTER 11 805. 929. 5950 rodailey @kern. org kern. org limorentin@) SANDI HARVILLE SECRETARY 11 SABRINA 661.636.4604 saharville @kern. org AOTEN CLAIMS AS' ISTANT 661. 636. 4' 661. 636. 4607 rarogers @kern. org patumbarello @kern. org org JOE SINGLETARY SAFETY SPECIALIST VALARIE WAGNER LEAD CLAIMS EXAMINER 661. 636.4605 714 samoten@lern. contact 661) 636- 4604. to the class. sal- for carrying notorious reptiles veterinarian by the risk of transmission of disease, bacteria, are a a cer- obtained elementary classes, in order to reduce or skunks. Reptiles or possible be should student handling of animals, especially in wild bats turtles, snapping An be that should not animals brought health of introducing the classroom). If to the species. tificate 661. 636. 4694 vawagner @kern. org josingletary @kern. org
  7. 7. SELF- INSURED SCHOOLS OF CALIFORNIA & LIABILITY UPDATE PROPERTY SEPTEMBER 1, 2012 BLEACHER INSPECTIONS As begins districts school cupy facilities have been unused Before mer. are placed ment trict they such that facilities and/ or for their intended may equipdis- All 1. any broken without be climbing, the widest measurement missing of the opening where the foot should members structural intact or could rest should be limited to a components. 2. All welds breaks, ensure 3. use. that could provide a foothold for Outdoor Bleachers sum- the service, inspections to should conduct are safe the throughout back in to oc- prepare or use equipment should be free of flaws, and areas seating should be properly secured and free from One and to of concern area bleachers outdoor if users tained and in tricts proper be should when inspecting Dis- order. following the of repairing risk a or should to tested to the they ensure Motors properly. smoothly are without bind any Floor unit. be operating run should stress or be kept areas must effect should be avoided. 3. Where visibility would not be sigbers. Guardrails The Consumer Product ends open motorized components Open- Commis- Safety See guardrail diagram on page 2 sion ( CPSC) recommends guardrails be bleachers: Indoor Bleachers All 1. 75 inches. nificantly impaired, use solid mem- bolts. present on 1. and exposed screws splinters, cracks, main- properly working aware and present can not are they Indoor is bleachers. of ing patterns that provide a ladder or separations. Foot boards maximum board, the backs of seatboard, of and portions bleachers or aisle the foot- the where is 30 inches or Please contact your SISC Safety Specialist at ( 661) 636- 4604 if you have any questions. more above the floor or ground below. Bleachers with the top By: Safety and Loss Control nominally 30 row inches above the ground may be exempt from this recommendation. clear of debris and/ or obstructions to the ensure operate assemblies prop- 2. Manual be raised and while All to help in the components 5. be properly be in guardrail height, the guardrail is not necfree cracks, or rolling splinters, bolts. essary if from sphere fails i to t any guardrail or under the guardrail should prevent passage of a 4- inch 200e sphere. should free from K Street Bakersfield ld or miss- areas and 4- inch diameter pass between the bleachers and the wall. discourage To seating a Any opening between components of the be in should free secured or When should members and seatboard, adjacent. is at least as high as the recommended components. Foot boards is bleachers are used adjacent to a wall that breaks, bends, irregularities, ing whichever aisle, the prohibit condition, edge of the footboard, com- that and extended position. structural good be lowered pletely and smoothly. The brake mechanism place 4. the working properly unit can 3. ensure all also should mechanisms tested to are The top surface of the guardrail should be at least 42 inches above the leading erly. climbing on guardrails, guardrails should be designed in one of three 93301 PO Box 1 Bakersfield CA 93303- 1847 Phone: 661- 636- 4604 ways: Fax: 661- 636- 4418 and exposed screws 1. Use only vertical members as in- fill between the top and bottom rails. 2. If there are opening in the in- fill HTTP:// SISC. KERN. ORG/ SCHOOLS HELPING SCHOOLS PL
  8. 8. Guardrail are shown in dashed lines. I Retrofitted members to close openings are shown in solid black. t ti o top rgil li 11 II 42' 1 II 11 II II II 1 it it i 11 II II II II II 1 li , II II II II I 1 it ii I1 II ll II I Ii II Ij II I I I Guardrail j1 lowest surface, in this case the j I I I l j that is 30" or more above ground I 1 1 I 1 II third seatboard, 1 I I I I I I I I 1 11 l I j l1 1 11 I I I 1 I I I I 11 1 1 I I 1 I I I I I I I I I 1 I I 11 I 11 I I I II 11 seatboard I l l I 1 I 11 11 11 I I 11 I 1 1 l 1 l I l I 11 11 1 I 11 11 I I 1 I I 1 1 I 1 1 I 1 I I 1 1 I I I I 1 1 l I I 11 I, 4 I 1 1 1 1 II I II 11 1 1 11 1 1 1I 11I IJ I it i1 Ii 11 Ij 11AryopeNng between components Il 11 I I i I, I I ll I 11 11 i1 1 I II l ii ii 11 I I II 11 I I I 11 11 II II l I l II II I 11 4' 1 ll 1 he sseatboard, and riser, j footboard, inch 1 prevent I 11 I 1 I II 1 4 I I 1 1 1 1. yl 11 y: sphelre land here oo16oard othe where opening would permit a fall of 30 inches or more. 4, 4„ riser II 4" rl 4" 30" 1 r bottom 30" rail of guardrail footboard i 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 caray @kern. org hitabora@kern. org rokretzmer @kern. org ellara @kern. org RYAN BOURGET DUNCAN LOW TIM RIDLEY Ty TAYLOR ADJUSTER 1 COORDINATOR SAFETY SPECIALIST 661. 636. 4606 661. 636. 4863 661. 636. 4376 tiridley @kern. org ADJUSTER II 661. 636. 4601 rybourget @kern. org dulow @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 rodailey @kern. org 661. 636. 4495 limorentin @kern. org 661. 636. 4607 rarogers @kern. org 805. 929.5950 SANDI HARVILLE SABRINA MOTEN SECRETARY Il 661.636.4604 CLAIMS ASSISTANT SAFETY SPECIALIST LEAD CLAIMS EXAMINER 661. 636. 4414 661. 636. 4605 josingletary @kern. org 661. 636. 4694 saharville@kern. org samoten @kern. org OE SINGLETARY s patumbarello @kern. org VALARIE WAGNER vawagner @kern. org
  9. 9. SELF- INSURED SCHOOLS OF CALIFORNIA & LIABILITY UPDATE PROPERTY OCTOBER 17, 2012 HAZARDOUS RECREATIONAL ACTIVITIES ties Background A hazardous recreational activity is de- fined in Government Code 831. 7 § ( b) ( recreational as "... on of property creates a from minor, a risk of a to Y entity distinguished as trivial, insignificant or Pant or a specsP a participant although many P. E. tional trav- activities, traditional sports programs general, involve or contact), Activities that code are listed specifically in Should of these tion District a very careful considerabefore proceeding. activities, be should to engage in one choose Safety and given Loss Control Specialist before addition, it the trian riding ( including eques- competition) . Bicycle Mountain or Sec- VIII in the Memorandum). of see school on school of the immunity— sports physical education Code Education 44808 provides immunity to school districts for injuries school off occurring Code Education 35330 ( property. field trip) provides school districts with immunity for injuries arising out of a field trip or excursion. Although the above code sections outline immunity that school districts motorcycling or driving of any kind. four- that can undermine The California Government Code 831. 7 § immunity. Such issues include: Y for injuries arising nor entity Orienteering. any a in out of participation recreational public activity. employee person who participates in a a public sponsored activity. • is liable to a hazardous activity... for any damage Rock climbing. recreational Racketeering. injury Rodeo Activities. Whether the district transports students to and from the activity. • district assumes responsibility for the during the activity. students Whether the of that hazardous recreational activity." to limit Sky diving. this there persons or property However, Spelunking. are or out arising circumstances immunity; that it is protect its therefore, important for the District to Sport parachuting. interest. which that it is there sports ( i. e., sports in contact with one The intent of the code and attending cases appear reasonably foreseeable be rough bodily will or the clear, immunity recreational activity more partici- public entity' question have Please keep in mind that this information only. It is not meant to cover activi- is afforded s premises. whether immunity activity. 1 2000 K Street Bakersfield CA 93301 when someone voluntarily engages in a hazardous pants). pertains to hazardous recreational activi- X sawa. Surfing. Paragliding. Body contact that Whether an activity is a school- • This im- that, " Neither provides munity shooting. or eliminate a) give public entities statutory immunity hazardous Orienteering. and rifle classes, etc. Immunity Off-road ties or conducted have available, there are many issues Cross- country racing. Pistol Coverage ( Memorandum jumping. bicycling. Boating. wheel do not qualify for Student Accident Coverage contained within tion racing position that these activities the Archery. sponsored events scope activities, must Animal school supervised the programs. engaging in any activity. In be noted that SISC takes include: Further, property have been held to fall outside tradi- SISC strongly recommends that the member district consult with their assigned tator." the eling in which public substantial, in conducted activity field trip such as regular or for not an a on There district the is a would off-premises PO Box 1847 Bakersfield CA 93303- 1847 Phone: 661- 636-4 Fax: 661- 636- 4418 club HTTP:// SISC. KERN. ORG/ SCHOOLS HELPING SCHOOLS PL
  10. 10. Whether known a is condition dangerous or guarded warning hazardous have given. All of these issues serve as measures that not carefully crafted and properly imple- to mented, a waiver may provide no protec- is not after- hours avoid of safety the are for responsible the One modified for specific activities. first issues involves the of activity is excursion' a or immunity trip immunity is section which district However, field it is trip by for teacher means recreation, proper course, a a member districts involve surfing clubs, skiing clubs, and various water activities. school- sponsored activity and the district to preserve all of the immunities available students. as be clinic, journey brief or from a that the argued As district the club would not as qualify therefore, it is unlikely that the district have would The 35330. 44808 immunity would still provide off-premises not district immunity is provided under eliminated the The sponsored. activity supervision) of section assumes the an sponsored" 44808 sponsors responsibility participating studens, activity under 831. 7 ( relating to hazardous activities). that as a recreational matter the the Code recreational do In practices P the hazardous not include extracurricular P sp schoolon Gov. law, " of activities" activities under sport supervision of school other that words are off-season conducted with a coach present, or of program that personnel any are are supervised not by considered organize is not their district- coordinated or or is compulsory in any way. • Any transportation is provided by the participants, not the district. club a are and is in no way tied to curriculum district of activities The activity is completely voluntary students a functions the From by approved activities the of functions— these district— comes the responsibility for the the The next level organizing the of protection involves activity as follows. Al- though immunity is reduced, there is still some margin of protection for the dis- students. trict. Because hazardous recreational activities risk substantial issues the be in the recognized are given of so having as code injury that and because consultation and a • The activity is part of a district- of sponsored club. eliminate easily • to • careful consideration needs SISC a with Ensuring adequate supervision. Ensuring any volunteers are prop- erly cleared ( fingerprinted if neces- Safety and Loss Control Specialist is recommended such before embarking on Part). any Participants and parents would be activity. required to sign activity waivers and acknowledgement forms. Application Waivers of and • Releases However, we do acknowledge that parents are required to sign field trip/ excursion permission forms for every trip or off-campus activity some districts choose to undertake such activities in spite p these cases " after- school to that conducted on school property. • of the increased risk. In The activity is completely voluntary with coach present or after- hour practices schoolschool the In general courts have held school- sponsored personnel. a " bears also immunity available is activity the for the club under the immediate under coordinating immunity, Whether while the off-premises district the when and be, of and responsible The students. were ( advisor include: supervising, directing, and club students club required to sign activity waivers and acknowledgement forms if the when provided removed supervision employee. Code immunity ( if the activities) direct Code for is students should Ed. of provisions the of or Ed. under immunity becomes issue, supervision assumes Code 44808 Ed. and field trip; a Allow • own transportation the students the of not Participates and parents would be the with are, activities ongoing will alone sponsored). be easily could is to: Supervision safety From this definition it the factor. determining district path." of However, this is only one transportation argument; the for the safety responsible a direct a deviation or In general when a district provided. becomes usual a http:/ sisc. kern. org/ pl/ forms/. provides transportation to an activity it be a as usually first hand farm, factory, to a provides The most common requests we see from a trip, departure from pleasure definite of Excursion' " for chiefly and students district the transportation to an activitiy is another measure in determining if immunity shall court The Castro purposes observation ( as museum). whether considered field trip" is defined a " made visit be Whether It can be downloaded from our website at Transportation immunity. can be argued that the activity becomes a The best way to organize such an activity enjoy or excursion. that noted therefore, questionalbe would Field prevails. absolute and, would club surfing or school- sponsored " This determination identifies activity." the whether field trip a " considered SISC does have a model Voluntary Activities Participation Form, which can be students. School- sponsored Activity the tion at all. practices; they should, however, do so knowing they immunity. can eliminate districts that suggest would This immunity. not In fact if under district the therefore, protection in all circumstances. activities recreational law, the assumption of risk" waivers are used in an attempt to mitigate liabilP g ity. These waivers do have some limited effectiveness, but it that will waivers should not be understood provide complete and is in no way tied to curriculum • or is compulsory in any way. Transportation should not be proP P vided b y the district.
  11. 11. CIF Approved Sports since some activities simply carry too The following activities are approved CIF much risk and are best left to outside Each sports. sport has CIF specific rules clubs or venues. and CIF has jurisdiction over the activity when conducted districts limit other as a competitive sports It is SISC' s recommendation that team). extracurricular school- sponsored clubs and Please contact your SISC Safety Specialist at ( 661) 636- 4604 if you have any questions. extracurricular activities to the following: By: Safety and Loss Control Badminton Skiing& Snowboarding Baseball Soccer Basketball Softball Cross- country Swimming& Diving Field Tennis Hockey Football Track& Field Golf Volleyball Gymnastics Water Polo Lacrosse Wrestling Even though a district chooses to authorize 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 Loss Control Specialist for guid- Safety& ance. Often times your Specialist can make recommendations that can help limit the risk involved with a certain ac- tivity in order to provide maximum protection to your district. Your Specialist may recommend against a certain activity ROBERT KRETZMER ELSA LARA CAROL RAY DIRECTOR CLAIMS EXAMINER II CLAIMS EXAMINER II CLAIMS EXAMINER I 661. 636. 4709 rokretzmer @kern. org 661. 636. 4736 ellara @kern. org 661.636.4871 661.636.4206 caray @kern. org hitabora @kern. org RYAN BOURGET DUNCAN LOW TIM RIDLEY TY TAYLOR ADJUSTER I 661. 636. 4606 COORDINATOR 661. 636. 4863 SAFETY SPECIALIST ADJUSTER 11 661. 636. 4376 tiridley @kern. org 661. 636.4601 rybourget @kern. org dulow @kern. org HILDA TABORA tytaylor @kern. org ROXANN DAILEY- WEBB LILIA MORENTIN RANDYE ROGERS PAT TLIMBARELLO ADJUSTER I ADMIN. SECRETARY SAFETY SPECIALIST ADJUSTER 11 661. 636. 4848 661. 636. 4495 805. 929. 5950 rodailey @kern. org limorentin @kern. org 661. 636. 4607 rarogers @kern. org SANDI HARVILLE SABRINA MOTEN JOE SINGLETARY VALARIE WAGNER SECRETARY II CLAIMS ASSISTANT SAFETY SPECIALIST 661. 636.4604 saharville @kern. org 661, 636. 4414 661. 636. 4605 josingletary @kern. org LEAD CLAIMS EXAMINER 661. 636. 4694 vawagner @kern. org samoten @kern. org patumbarello @kern. org
  12. 12. SELF- INSURED SCHOOLS OF CALIFORNIA i i PROPERTY & LIABILITY UPDATE OCTOBER 1, 2012 HOLIDAY SAFETY Use of DrIy Ice It' s the time proms, The of brings with carnivals, football homecoming and season for fall year it the games. potential use SISC does not recommend the use of dr Y ice by a district under any circumstances. The hazards outweigh the benefits. of dry ice to enhance the atmosphere of these Therefore, events. serves as a reminder of ing dry against ice its SISC' and this Update regard- Christmas Trees at School Sites recommendation The Christmas season will soon be here the s hazards and SISC wants to make sure that school use. districts are aware of county and state Dry ice is listed the federal not be using as a hazardous Students government. or handling dry Hazards circumstances. material ice by should under associated any with guidelines with respect to the maintenance and decoration of Christmas trees so that children and staff can enjoy a safe, happy Christmas season. the use of dry ice include: To that end SISC has adopted the Kern Burns: Dry ice is a cryogenic material frostbite burns that can cause severe to County Fire Department guidelines for Christmas trees as the minimum standard for all SISC II member districts. skin. Explosion: If tight con- In addition to Christmas trees, teachers may build potentially often decorate their rooms with festive stored in tainer, pressure causing an air- an explosion. themes for the holiday season. The abundance of paper decorations can present a Toxic: Although it ous, place used dioxide oxygen least cause even organs, is ingested. Suffocation: If carbon not poison- or at to internal a small piece the dry be fatal, damage severe if could ice is in confined areas, may disoxygen defi- emitted causing an serious fire hazard. The limitations on decorative materials should be reviewed at this time to help coordinate safety with holiday decorating. If you have any questions, please contact your Safety and Loss Control Specialist at ( 661) 636- 4604. Fkslpi sch" cient environment. Dry be ice used may in programs. also It "! By: Safety and Loss Control s 2000 K Street Bakersfield CA 93301 science PO Box 1847 School Bakersfield CA 93303- 1847 administration ` should staff that the Phone: 661- 636-4604 inform " Fax: 661- 636- 4418 use of dry ice by any student is prohibited. HTTP:// SISC. KERN. ORG/ SCHOOLS HELPING SCHOOLS L PL
  13. 13. Standard No. 1103. 3- 1 KAffn County Fire DeparbrAmt Fwe Preventbn Christmas Trees Fffe hfimstW Previously Standard 11. 2-1) ReWkett November 1, 2002 L- This Standard is promulgated in accordance with Section 1. 104ofthe Kem County Fre Code and is the official interpretation of Section 3.08 of Title 19 and Section 1103.3.3.1 of the Kern County FWre Code 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 trues bum violently. The tremendous heart generated by a burning Christmas tree can easily spread to the remainder of ft building paths. The potential hazard created by Chnstmas trees must be mitigated-" Therefore, Christmas trees which are placid inside of Group any occupancy, ex Occupancies and I' and gayest R Occupancies, shall be either live or flame retardant treated, or shall be rooms of maintained 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 accordance c). with Section 111. 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 flame al. retardant chemical approved by the California State Fry: Page 1 of 3
  14. 14. Standard No,. 1103. 3- 1 Ken County Fie Fim 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 auftirized representative, or by any applicator lkmised by the Callamia State t=ire Marshal. If the fhirne retardant chemical is applied for a fee, the applicator shag be licensed by the Cal_ 3. is.Mate Fire Marshal. Lights and decorations may be placed on any Christmas tree which is rte resistanL Ill. Laving Christmas Trees 1. Living Christmas trees may be placed in any occupancy. 2. The Christmas tree shall be living if the roots are intact and covered with con . soil, and the tree is watered regularly. 3_ IV_ Light mid decorations may be placed on any fi,amg Christmas tree. 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 be at least one inch above the original cuL The tree C. The Christmas tree mist be watered regrdarty sib that there is standing waster shall be in a tree stand that is capable B. in the tree stand at all Wries. The level of water must be at least two inches above the cLit end of the trunk. not be used on a Fire Safe Christnias Tree. Q. Lights E. Decorations may be placed on a Fire: Safe Christmas Tree. F. The Christmas tree must pass the flame test as followsa). 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 kxh flarne for 10 seconds. The flarne shall then be removed and If the branch does not cxs7bntie to buns, it shag be considered lire sire. Page 2 of 3
  15. 15. Fi. na, c Christmas Trees rkw r Previously Standard 1' 1. 2- 1) cudw:. C7+eucexober' 3. 1gin Revixa4k b)_ 1 2002 The C hrtsbnas tree shat be removed f om the occupancy krwriedtalefy if it fails to pass the fiarne test_ G_ The Christmas tree shall be removed from the ni ccupancy before d becomes a fire hazard_ Pie 33 arr 3 I ROBERT KRETZMER ELSA LARA CAROL RAY HILDA TABORA DIRECTOR CLAIMS EXAMINER 11 661. 636. 4709 rokretzmer @kern. org 661. 636. 4736 CLAIMS EXAMINER II 661.636.4871 CLAIMS EXAMINER I 661.636.4206 Garay @kern. org hitabora @kern. org TIM RIDLEY TY TAYLOR ADJUSTER 11 661. 636. 4601 dulow @kern. org SAFETY SPECIALIST 661. 636. 4376 tiridley @kern. org RYAN BOURGET ADJUSTER I 661. 636. 4606 rybourget @kern. org ellara @kern. org DUNC.AN LOW COORDINATOR 661. 636. 4863 tytaylor@kern. org 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 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 @kern. org josingletary @kern. org patumbarello @kern. org vawagner @kern. org
  16. 16. Isc11 PROPEM & LIABILI SELF- INSURED SCHOOLS OF CALIFORNIA Schools Helping Schools 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 communication between our office and our member district be established during the early stages of any employment practice liability claim presented to SISC. The attached Guide prepared by Jill Williams, Attorney at Law, provides an overview of the Interactive Process— one of the key elements reviewed by SISC on almost all EPL claims referred to our office for handling. 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 retaliation lawsuits. She represents many public entities throughout Southern California. Ms. Williams welcomes any comments you may have concerning her Quick Guide on this important subject for our SISC members. RJK: sh Attachment P. 0. Box 1847 1300 17th Street- CITY CENTRE Ajoint Powers Authority administered by the Kern County Bakersfield, CA 93303- 1847 Bakersfield, CA ( Superintendent of http:// 661) 636- 4710 FAX( 661) 636- 4418 Schools Office, Christine Lizardi Frazier, Superintendent
  17. 17. Mms - The-, Interac. 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 requests by an employee, by an employee' s healthcare provider, by a member of the employee' s family, or by another 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 by the employee' s disability and how those limitations could be overcome with a reasonable accommodation; 3) Identify potential accommodations and assess the effectiveness each possible accommodation would have in enabling the employee to perform the essential functions 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 10/ 19/ 2012
  18. 18. What are examples of reasonable accommodation? Job restructuring Reassignment to Offering Adjusting or modifying examinations, training materials or policies a vacant position part- time or modified work schedules Providing qualified readers or Adjusting or Providing reserved modifying Permitting the use of accrued paid leave or providing additional unpaid leave for necessary interpreters equipment or parking Leave of absence for a finite period • devices treatment spaces What is not a reasonable accommodation? Creating Giving Adopting the most reasonable accommodation a new position Accepting the employee' s requested an employee a second chance accommodation 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 and appropriate. DO NOT make inquiries into the employee' s disability that are not job- related or consistent with a business necessity. DO make a decision on a reasonable accommodation very soon after discussing the employee' s request 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 for accommodation is denied. DO NOT evaluate an employee' s job performance on the employee' s ability to perform the essential 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 & Guidance EEOC- 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 10/ 19/ 1011
  19. 19. SELF- INSURED SCHOOLS OF CALIFORNIA PROPERTY & LIABILITY UPDATE OCTOBER 1, 2012 LABORATORY/ SCIENCE CLASS SAFETY This of having strict procedures and safety The the safety of districts in tions lab/ their and provides some control basic for establishing 32031, and time any or the use likely science classes safe programs. used". . . associated with the procedure, and safety controls. Select experiments at that come from known, reputable or of observing, an activity hazardous substances to cause to the injury Circumstances that recommenda- be the individual is at which in, engaged assess- that which states eye protection must laboratory/ following informa- tion is offered to assist ing loss all regarding science classes. 32030 importance the update emphasizes of eye protection require include" sources and that contain a safety analysis of the procedure. Every lab eyes." exercise and demonstration con- the ducted must have a written proce- use dure. Working with hot liquids or solids or with 1. Review the Cal- OSHA regulation for Occupational Exposure toxic, Chemicals in Laboratories ardous Title 8, Section 5191). tion chemicals which are Haz- to items covers such The regula- designation and giene of a Officer— in addressed Plan. Flinn Scientific has chemical hygiene plan for an excellent start site/ the district plan can Scientific and 2. or from Loss Control Demonstration conducted in the purchased through Such or suppliers. lab used whenever there possibility ments, pelled 3. or is the that involve be the fragpro- Education Code Section energy, or heat, n or cause an Such demonstrations 2000 K Street adequately controlled, risks outweigh the Develop Bakersfield CA 93301 cannot PO Box 1847 therefore, educational Bakersfield CA 93303- 1847 Phone: 661- 636-4604 value. 6. pro- of tion. its to the an uncontrollable re- s unpredictable, unmeasurable reac- slightest be fit~ III11 practice of schools lease be students. all students pursuant Discontinue the attention getting" demonstrations may be contents could 661) 636- 4604. the class period. 5. catalogs and/ a container, ( used completely before the end of be and provide eye protection visions of i its toward Obtain for that exer- one individual whose contents are Safety shields should for lab hazard warning. The only exception would be for containers used only by demonstration shields a class tified along with the appropriate of a class as a the in tents of each container must be iden- a demonstration is Such class. used cises or demonstrations. The con- representative. front barrier between and SISC your vide minimum guidance on key issues. Standard( Title 8, Section may be A copy of from Flinn shields should used whenever a I be that provides obtained ence safety issues but is intended to prolabeled all containers are If you have any questions or would like additional information, please contact Labeling requirements also apply to secondary containers, which your SISC II Safety representative at specific plan. be dents. The information is not intended to serve as a comprehensive list of sci- or 5194). a model developing Ensure tion Hy- all of which must science classes and to prevent future inci- pursuant to the Hazard Communica- Chemical Hygiene a help the district assess the safety of its radio- other means." 4. training, Chemical living The above information is intended to tissues, heat, decomposition, through measures to reduce exposures, proand flammable, active, or which generate pressure as standard for information to irritating strongly sensitizing, operating procedures for work involving hazardous materials, control visions corrosive Fax: 661- 636- 4418 written standard procedures operating for every lab demonstra- H TT P:// SISC. KERN. O R G/ tion and exercise that identify the procedures to follow, risks/ hazards SCHOOLS HELPING SCHOOLS PL
  20. 20. j i SELF- INSURED SCHOOLS OF CALIFORNIA PROPERTY LIABILITY UPDATE OCTOBER 15, 2012 MAINTAINING SAFE PLAYGROUNDS California' s playground regulations safety Individual • playground became effective on January 1, 2000. by The site history Inspection forms. developed regulations were Department consultation with the Architect, reation Cities, Society, and Office the the the League of the State and of California Parks the by Rec- California California Department of Education. falling. There are many surfaces ble surfaces are engineered wood fiber/ Health Services( DHS) in of dren that offer protection from falls. Accepta- location. mulch, sand, and pea gravel. These sur- Districts may wish to use two separate faces must be maintained at a depth of 12 types of inspections— high frequency/ inches, be free of standing water and routine and low frequency/ periodic. debris, and not be allowed to become High frequency/ inspections routine can Some compacted. synthetic materials identify surfacing problems, vandalism, may also be appropriate in certain situaand 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 equiptaining, school developing and property. play areas on In the time since the form these inspections. ment where a child might fall. A use zone should be covered with protective implementation of the regulations, many Low frequency/ periodic inspections are surfacing material and extend a minimum districts 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 as facilities thereby achieving vironments for children. safer play en- They require a greater climbers and chip- up bars. inspections. amount of time to perform and require more experienced and knowledgeable Protrusion and Entanglement Hazards: The following lustrate some is outline of the provided major to il- components personnel. equipment Periodic inspections evaluate Protrusion hazards are components or integrity. These pieces of hardware that might be capable structural that should be contemplated and includ- inspections can be done on a seasonal of impaling or cutting a child if a child ed in a playground safety basis program: depending factors affecting Policy on individual each playground location. fall against the hazard. trusions are also capable Some j pro- of catching strings or items of clothing that might be statement Site inspections Hazard should The National Playground Safety Institute Worn around the child' s neck. This type NPSI) has identified twelve correction the of lead- of entanglement is especially hazardous Staff training ing causes of injury on playgrounds. because it might result in strangulation. Playground signage Familiarizing j the " Dirty Dozen Checklist" will help you and your Accident investigation yourself with design professional avoid these pitfalls for Playground documentation that should be new and maintained as playground equipment. records P art of the also be used as the They can schows basis for inspection 2000 K Street protocols. program include the following: Bakersfield CA 93301 PO Box 1847 DIRTY DOZEN CHECKLIST Copies of ground safety current public guidelines or playstand- Copies Improper Protective Surfacing: Improper p P er surfacing ards. equipment of all staff training Bakersfield CA 93303- 1847 material is the records. ground related under leading injuries. playground cause of o Over 70% Phone: 661- 636-4604 Fax: 661- 636- 4418 playof all HTTP:// SISC. KERN. ORG/ PL accidents on playgrounds are from chilSCHOOLS HELPING SCHOOLS V,_. j
  21. 21. 1. 11. 1.. 1111..... Entrapment In Openings: playground Children and equipment for head checked to attempt ing. If the opening is may allow and be should to openings that on There to spacing between ment area can that provide may for zones mum above that is higher should be equipment away from an area should setting tion, tree I and in out secure. are rocks that are often all Lack safety should to remain of the are should for be • age chil- Heavy swings such as animal figure swings and multiple occupancy/ glider type swings. • Free swinging ropes that may fray or form a loop. Swinging exercise rings and tra- be in " safe" condition, be must wood, signs There present. or no The metal, of a preventive worn- should or fatigue be plastic or dete- Attached is a High Frequency Inspection Form to assist you with your playground Please daily contact your Safety and Loss Control inspections ( or representative additional at ( routine). 661) information, 636- 4604 for j clarification, loosening. Reference: Health and Safety Code, Pinch. Crush, Shearing, and Sharp Edge Hazards: Components in the play roots, envi- ronment should be inspected to make common By: Safety and Loss Control sure there are no sharp edges or points so children at Platforms With No Guardrails: Elevated to the overall A play that it is play. such as platforms, ramps, and to would prevent accidental falls. Equip- chil- ment intended for school- age children their own should have guardrails on elevated sur- Young constantly challenging surfaces bridgeways should have guardrails that area easy HILDA TABORA ROBERT KRETZMER ELSA LARA CAROL RAY DIRECTOR CLAIMS EXAMINER II CLAIMS EXAMINER II CLAIMS EXAMINER I 661. 636. 4709 661. 636. 4 36 661.636. 4871 661.636.4206 ellara@kern. caray @kern. org rokretzmer @kern. org org RYAN BOURGET DUNCAN Low TIM RIDLEY TY TAYLOR ADJUSTER I COORDINATOR SAFETY SPECIALIST ADJUSTER II 661. 636. 4606 661. 636. 4 661. 636. 4376 661. 636. 4601 dulow@kei- n. org tiridley @kern. org tytaylor @kern. org ROXANN DAILEY- WEBB LILIA MO ENTIN RANDYE ROGERS PAT TUMBARELLO ADJUSTER I 661. 636. 4848 ADMIN. SE RETARY SAFETY SPECIALIST 661. 636. 4 95 ADJUSTER II 805. 929. 5950 rodailey @kern. org limorentin kern. org 661. 636. 4607 rarogers @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. 4 rybourget @kern. org 63 i saharville @kern. org or assistance. Sections 115725- 115750. supervision of a relates associated Safety Commission recommending that pre- separate school systematic, no apparent signs of found in play playground. be designed observe dren directly the of Accidents that could cut skin. Supervision: The of Playgrounds: they not be used on public playgrounds: for the concrete tree Equipment Not Recommended For Pub- lic rioration. All parts should be stable with environments. playground play Areas for missing, broken, components. All hardware should surface eleva- borders, containment trip hazards safe appropriate children intended maintenance be located in Exposed abrupt changes stumps, an effort and user. age program other structures. playground. footings, is areas grounds a mini- Trip Hazards: Trip hazards are created by play structure components or items the of with the following types of equipment challenging should not show on 1111_ peze bars. the ground cannot over- there ........ Lack of Maintenance: In order for play- than structures. moving lack to related dren. 12 feet in between two play Swings and other pieces of of playground create several Therefore, lap. play equip- equipment 30 inches a the intended school from overcrowding of a play hazards. Use cause ....... It is esti- all to make sure that the equipment in the z Spacing; Improp- pieces of ----- environment for all ages, it is important playground between 3'/ 1111__- faces higher than 30 inches. have resulted in the Consumer Product age of er directly of Age- Inappropriate Activities: In playground Insufficient Equipment 40% _ to able appropriate supervision. 9 inches. and hazards. potential are being not it enough, head. measures injuries open- often very that over mated through the pass the entrap no equipment inches body the large recognize feet first through the not abilities, hazards. openings slide on be should entrapment enter often opening Openings f 14 samoten@tern. 661. 636. 4605 org josingletary @kern. org patumbarello @kern. org 661. 636. 4694 vawagner @kern. org
  22. 22. isc1 PROPERTY LIABILITY SELF- INSURED SCHOOLS OF CALIFORNIA Schools Helping Schools 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 problems should 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 website http:// 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* 1300 17th Street- CITY CENTRE* A Joint Powers Authority administered by the Kern County Bakersfield, CA 93303- 1847* Bakersfield, CA* ( Superintendent of http:// www.kern.orglsiscl 661) 636- 4710* FAX( 661) 636- 4418 Schools Office, Christine Lizardi Frazier, Superintendent
  23. 23. State of California— Health and Human Services Agency California Department of Public Health I) CDPH RONALD CHAPMAN, MD, MPH EDMUND G. BROWN JR. Director Govemor Statement on Building Dampness, Mold, and Health September 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 specific microorganisms to determine the level of health hazard or the need for urgent remediation. Rather, we strongly recommend addressing water damage, dampness, visible mold, and mold by ( a) identification and correction of the source of water that may allow microbial odor growth 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 and to building occupants. In 2001, the Toxic Mold Protection Act ( Senate Bill 732, Ortiz*) mold pose 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 mold in 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 the department reached that conclusion. While PELs remain elusive, mounting scientific evidence on dampness and mold, much of it published since 2005, supports an alternate, evidence- based approach to the assessment of health risks from indoor dampness experts or ( d) and that the mold. Human health studies have led to a consensus among scientists and medical in buildings of( a) visible water damage, ( b) damp materials, ( c) visible mold, presence 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 asthma attacks; and suggests increased that wheeze, cough, difficulty breathing, children are more sensitive to dampness and other symptoms. and mold than adults. Available information 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.
  24. 24. California Department of Public Health Statement on Building Dampness, Mold, and Health Page 2 There also is consensus that the traditional methods used to identify increased mold exposure do not reliably increased health predict Therefore, the current practices for the collection, analysis, and risks. interpretation of environmental samples for mold cannot be used to quantify health risks posed by dampness and mold in buildings or to guide health-based actions. Finally, current consensus does not justify the differentiation of some molds ( such as Stachybotrys species) 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 damp conditions that could place occupants at increased risk. However, the only types of evidence that have been 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 of other 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 mold and to reduce exposures hazards. to these The following are recent publications that support our positions on the assessment of health risks and the remediation of dampness and mold: 1) Mendell MJ, Mirer AG, Cheung Respiratory health and and allergic dampness- related evidence. K, M, Douwes J. Tong effects of dampness, agents: a review of mold, the epidemiologic ch p 03. nictis. nih. gov/ article/ articleURl— inf6% 3Adoi% 2F Building dampness degrades indoor environmental quality in ways. common excessive fetc:hA.rticle. acti.on,, 10. 1289`%, 2Fehp. 1002410. Air Quality: Dampness and Mould. Copenhagen: WHO dampness effects associated with www. euro. who. int/ data/ assets/ pdf file/ 0017/ Institute of Medicine. material agents: A Damp and Health. ok isbn= 03090)_193.4. php.'? Ashley PJ, et al. nutrients. As ( e. g., leaves, wood, indoor biologic the evidence. Journal of Public Health Practice, 2010, 16( 5): S 11—S20; available at www. bu- cli. org/ uploads/ can mites, support bacteria/ growth to infestations cockroaches, Main/ Sandcl Housi:nglnterventions.pdf. Agency. of house rodents, occupants. Moisture also may alter the chemistry of damp materials. Hence, while excessive or chronic dampness is not by itself a cause of ill health, it may indicate or increase other exposures 5) U. S. Environmental Protection and which also pose health risks for building Housing and control of asthma- related and and In addition to mold, indoor mold growth. dust review of Management of moisture generally is what allows or limits Indoor Spaces and contribute interventions result dampness. dirt), the presence or lack of available at 4) Krieger J, Jacobs DE, indoor nutrients are almost always available from dampness u/ ed_ ale nb. noticeable moisture only Washington, D. C.: National Academies Press, 2004; www_ ap 11_ and chronic To grow and reproduce, molds paper, and 43325/ E92645. pd£ 3) need organic and mould); available at or Molds are fungi ( as are mushrooms and World Health Organization. WHO Guidelines for Indoor Europe, 2009 ( see Chapter 4, Health Mold growth is perhaps the many yeasts). 2) note: most Environmental Health Perspectives, 2011, doi: 10. 1289/ ehp. 1002410; available at htt // s Background Mold Remediation that do have 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. prograins/ IAQ/ Pages/ IndoorMold. aspx .
  25. 25. Association of California School Administrators 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 the requested document( s) unless the information is expressly exempt from disclosure by law. The statutory exemptions which typically affect school districts are contained in Government Code Sections 6254 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 4906049079 and 76200— 76246. The definition of a public record under the Act is so broad that virtually every paper or electronic 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 or any 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 without first 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, but only 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 to be sure that exempt information is not voluntarily provided that could later prove to be adverse to the district' s position should litigation later result. Note: This information is condensed from a Memorandum prepared by Schools Legal Service, 1300 le Street, Bakersfield, CA 93301. For more information please contact Grant Herndon, General Counsel, at( 661) 636-4830. RJK 10/ 29/ 2013
  26. 26. SELF- INSURED SCHOOLS CALIFORNIA OF & LIABILITY UPDATE PROPERTY 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. but by providing prop- Classroom animals are a common cause their time in the deal classroom of school setting. is environment and conducive and It is important that the for its intended safe erly functioning and operating ventilation of indoor- air- quality How- problems. ever, diligence in good housekeeping will help prevent such problems. systems. With that in learning. to use more" chemicals" mind, the following information is of- Live Animals Brought Onto fered to assist instructors and site admin- Although it is common for students to Campus istrators with creating and maintaining According to the National Science Teach- take class animals home during weekends healthful safe and learning environments. ers Association, " Observation and ex- or over school breaks, such practices Class- organisms with be cong instruction. Studying animals room odors are often responsible for in the classroom enables students to de- Chemicals odors. unwelcome, sometimes modes of P care- and should give living Air Fresheners and Candles students unique perspectives of life proc- fully planned Classrooms are subject to unusual, and esses that are not provided by other trolled. perimentation prompting instructors to install air fresh- velop skills of observation and compari- Many chemicals, such as cleaners and ening devices in order to mask the un- son, a sense of stewardship, and an ap- pesticides, are provided with a label that wanted consist tors, Air odor. of plug- candles, and/ or SISC does sprays. use of such devices freshening devices, in the use emit- of aerosol recommend not items in the passive preciation and ships, that— for unity, interrelationBeyond complexity of life." the kids just like animals. states, " or the Keep out of reach of children." In addition to this warning, they are labeled with the words Danger, Warning, Although consumer prod- Caution. Although housing animals in classrooms ucts used in the home are not specifically classroom. is 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 the therefore, it is hard to predict whether a ongoing maintenance and handling of the person will have a respiratory sensitivity animals. or other physical reaction, such as headaches. If air fresheners are being used in Districts should discourage the an attempt to control odors or mask of students or teachers bringing housestale air", consideration should be given hold pets onto campus. Such" C 11. practice pets" pose scnoa: pros Schools to adjusting the ventilation system. an unknown risk of disease, scratching, jWhen operating properly, the biting injury. to bring in system enough should outside keep use or air feasible, Whenever odors under control. The and/ brought into of dangerous candles as fresheners is air and should never be allowed. cleared by the that animals classroom a veterinarian should 1300 17th Street— City Centre Bakersfield CA 93301 PO Box are be before entering Bakersfield CA 9 3303 A Phone: 661- 636- 4495 Fax: 661- 636- 4418 the class. The use of candles for this purpose, as other well as both the purposes, California is a Building violation of Code ( Title Good 24) and the regulations of the State Fire ment L for and in safety providing both students a and VISIT P& L: practices safe environ- HTTP:// SISC. KERN. ORG/ PL animals. Pens and cages should be cleaned regu- Marshal( Title 19). The best strategy in maintaining housekeeping are essential comfort- larly and the classroom should be free SCHOOLS HELPING SCHOOLS
  27. 27. regulations if they are brought into the Title 19, California Code of Regulations, tors should be mindful of the conditions Specifically, the regulations requires that decorative materials such as they create and strive to maintain a secure workplace. training for require there and ing In personal the use of provisions are protective have safety a hangings, Christmas trees, or any other combustible decorative material shall be flame retardant and shall ELECTRICAL APPLIANCES not block or conceal any exit door, exit The use of coffee pots, hotplates, and light, fire material alarm, or fire similar appliances can be appropriate in extinguishers. sheet how on employees and classrooms and office areas that were Flame retardant materials may be either properly designed to accommodate them constructed of a nonflammable material or ( may be to understand environment. PPE). MSDS) for every product in use and must train read drapes, curtains, wear- equipment ( data must product to district the addition, the specific treated flame- retardant i. home economic classrooms, lunch e., and rooms, break All electrical rooms). All treated materials shall have appliances used in these rooms should solution. a a with proof of treatment affixed to it in accor- have an appropriate Underwriters Labora- MSDS. dance with regulations of the State Fire tory ( UL) label or an equivalent certificaThe practice of employees hold district the into the chemicals at risk bringing house- classroom with of noncompliance However, due to the potential for tion. Marshal. personal injury and property damage, places 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 above district for open There is district if the come or in citations child a should contact with an hazardous possibly fines. and/ or also potential adverse liability accidentally unapproved and/ chemical in of the It come California is as the no surprise highest to hear earthquake the safety appliances EARTHQUAKE PREPAREDNESS should The main concern is for the mentioned. information. to occupants. have These types of the potential that burns and risk result from improper electrocution— to cause fires can also use. Rooms that area in the contiguous United States. This Were designed without these types of ap- classroom. is due to several large, active faults that pliances in mind may lack appropriate Chemicals should be brought from not run through the These faults have ventilation and electrical wiring to service state. home 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 and all be thoroughly reviewed by for safety prior to chemicals district administration All use. be should stored products locked in inaccessible to in cabinets with quake on average or containers Since the DISPLAY MA- displays learning opportunities the and also make enjoyable. more important provide in classrooms classroom environment However, display public greater than 6. 5 that mate- as worry the of buildings Field Act thermostat settings have been PG& E recommends closely thermostats be set at 78 degrees or higher in the summer and 68 degrees or lower in Field Act, are re- the winter. . ener I our make While this measure conserves gyp the thermal comfort of some oc- cupants may not be met. In possible. is little about integrity the now as safe there general, the schools supply, scrutinized. years. meet strict construction standards TERIALS visual to schools Classroom passage of California quired AND every four classrooms students. DECORATIVE a magnitude cause Because of individual thermal preferences, to structural district employees may elect to place that meet household fans and/ or space heaters in But what about their work area. The use of some of these standard. rials can also provide increased flame- the contents and components inside the appliances may be appropriate ( i. e., small spread, tion fire loading, that nonflame and become evacua- building? Any component of a building desk fans) provided they have been ap- Fire regulations provide that is not part of the structure ( i. e., light proved and display the Underwriters barriers. retardant materials ( such as fixtures, furniture, cabinets, computers, paper displays) may be used so long as no TVs and stands, bookshelves, etc.) is conmore face is than 25% covered percent with of the wall such materials. sur- sidered a" nonstructural component". Laboratory( UL) label or equivalent certification. However, due to the poten- tial for personal injury and property dam- Dis- play materials must also be located four Just as buckling an automobile seat belt age, SISC does not recommend the use of feet 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 potenhang from the ponents promotes greater safety for the tial to cause burns; electrocution and fire ceiling. occupants of a building. The classroom can also result from improper use. School administrators and teaching staff instructor plays a key role in maintaining a should be mindful of introducing flamma- safe classroom. Loose storage can create a ble materials into the classroom. hazard if not properly secured. Instruc-
  28. 28. ELECTRICAL EXTENSION CORDS The use and offices of extension is in cords and common be can However, preferably in area, classrooms safe if eating in the after oughly properly. cords can pose a significant fire risk if the used fire for Requirements both and single extension cord extension use, The current must not the Eye, nose, throat, and skin irritation. Dizziness and nausea. humidifiers necessarily due to air- quality problems. appliances, their pose also Hu- Environmental stressors such as improper risks. unique own Its very high in to pre- order air quality but require different solutions. vent microbial growth from accumulat- fix- or The maintenance requirements of are similar to those associated with poor such units are of capacity appliance ing onto the filter. If the unit is not kept Some groups that may be particularly Cords be in must good con- working Cords when in a sanitary condition, the fan will force susceptible to effects of indoor- air conmicrobial growth or other contaminants dition. be must the Extension three cords source for Cords must tures; appliances prong). permanent the Building to affixed ceil- walls, • classrooms). as Allergic or asthmatic individuals or people with sensitivity to chemicals. • that require codes be brought into air of outside specified a People with respiratory disease. • people a or whose immune systems are suppressed due to radiation or che- continuously while the space is ocUnlike a household environment motherapy, or disease. • Pied. doors, under inef- commercial strucspace floors, overall in used as a wiring. through units such ( the given Wholly unnecessary fectiveness of such taminants include: This risk is air. surrounding amount be not into environments be not may extended type grounded grounded servicing fixtures( ing, ing. • meal or special event. electrical other fan. than ture. or thor- up Sinus congestion, cough, and sneez- pulling water through a filter which is and psychosocial problems ( such as job or subject to air movement by an internal home stress) can produce symptoms that capacity be less rated the clean • dili- midifiers distribute moisture in the air by lighting, noise, vibration, overcrowding, following: the the taken to If tub. allowed, All of these symptoms, however, may In addition to posing the same issues as also be caused by other factors and are not include outlets, multiple is HUMIDIFIERS followed. codes/ regulations are not be should gence a plastic storage classroom Contact lens wearers. under floor coverings; or be subject to envi- Where the air is continually re-circulated, damage ronmental Extension pact. or im- physical that cords pedestrian traffic area must ered with a cross a a classroom environment is continually There are several basic methods for low- flushing This be in" bringing flushing out air and makes continual new" air. any residen- ering concentrations of indoor- air pollut- traffic pad. cov- ants. tial humidifier ineffective. Cords must be not in run a Source management is the most effective series INDOOR AIR QUALITY ( cords plugged Multiple designed outlet adapters are Indoor- air not to serve more than one be and must grounded— the occupants. have switch— and on/ off an or to fuse. schools is health easily and recognized well- being of the the air pollution. of particular quality near outdoor air intakes, not placing gar- Proper bage in rooms where HVAC equipment is concern. safety quality" and good Snacks, treats, and lunches are common management of our investment in the g found in most food items though classrooms, care containers and prohibited rarely must be taken longg Al- classrooms. are term to e storage g o f an infestation be occurs, difficult. trol can and best practices limit P quite k application PP should in critical. Long- term be limited sealed ( lunches and such airtight) should storage of food staff, students, spend school. extended The occupants rather and containers. be kept in a other effects are than periods be Student centralized of often clearly Symptoms commonly food should tions such as selecting less toxic art materials or interior P paint than the products P which are currently in use. and use of pesticides; therefore, preven- problems include: tion is Source substitution includes ac- school. Building occupants in schools include the Local exhaust is very effective in remov- snack gaining conRegulations the facilities. avoid items are irresistible to ants and roaches. Once staff, and students, in Open food insect infestations. causing The best prevention method is to not bring unnecessary pollutants into the school building. Examples of source maintenance ofitindoor air is more than a located, and banning smoking within the includes issue, FOOD items control method when it can be practically Children are especially sus- removal include not allowing buses to idle in Air a ceptible breaker do subtle and applied. always produce have be can problems or appliance Pacts fixture IAQ) together), • people time of IAQ who in the problems vague on symptoms defined attributed illnesses. to IAQ i ng sources of pollutants before they can be dispersed into the indoor air, exhaustP in g the contaminated known examples kitchens, air Well outside. include hoods, science lab fume hoods, and and vocational/ industrial areas such as weld- ing booths. Headache, fatigue, and shortness of Ventilation uses cleaner ( i. e. outdoor) air breath. to dilute the contaminated ( i. e. air that people are breathing. indoor)
  29. 29. The California Building Code requires IS It is critical that support straps are used directly related to lack of appropriate feet cfm( cubic per minute) of outdoor air and used In an assessment of supervision. properly. per occupant be continuously supplied to member district sites, it was noted that an occupied space. It is not uncommon such straps are overwhelmingly either not Surfacing material is the primary concern for an instructor to operate the HVAC in use, improperly installed, or out of as it relates to the physical elements of the in the" system on" in the " tinual than the auto" mode rather on" of outside keeping the odors at to the air flushed, a bine keeping and be allowed han- to audiovisual teachers school and assist needed health, should exercise good judgment whether to allow play until the concern is addressed. is equipment so it can be and well- These com- occupants. in its school a educating by moved before an adult Please contact the SISC Property and Liability department at ( 661) 636- 4604 for core mis- more information or guidance on any of children. Do let not the items discussed in this Update. students play near TV/ AV equipment carts. All TV/ AV carts should be secured to the wall when not in use. televisions of use and audiovisual for support TV/ AV advantage of equipment can and the injury risk often of benefits by posed In districts more the some All TV/ AV cars mounting brackets carts, spected periodically. are classrooms, casters capa- and shelving units should be in- hazards units large • audiovisual the contribute, overlooked. the risk is as carts with ble of being locked are recom- instructional the However, curriculum. By • equipment in the classroom can provide excellent By observing the items previously • mentioned, a district can enjoy the substantial. benefits televisions and other audioThere to AV) three are install methods televisions/ equipment in used classrooms: ( visual equipment can bring to the TV/ currently audiovisual curriculum without putting the safety of staff and students at risk. moveable carts, wall- mounted brackets, and permanent built- in cabinets/ If the PLAYGROUNDS shelves. necessary safeguards are met, any of the The preceding information is intended to three methods are appropriate. Items for guide instructors and administrators in include the consideration following: establishing healthful Televisions or audiovisua other and maintaining classroom safe environments. and How- ever, once the bell rings, the students equipment should not be installed proceed to the area on campus where directly imity to over or close within prox- Whether on a shelf, cart, TV/ AV be larger or units heavier injuries commonly occur— than what not the The supervision of a playground directly affects of can support. the the overall safety A should be personnel. conducted I playground. play area should be de- must be according to the manufac- signed so that it is easy specifications. play- or wall should For wall- mounted units, installation turer' s the grounds. staff or students. mounted, location Concerns should be staff, EQUIPMENT The material. other or and after class. to displaced ahead plan TV a stu_ TELEVISION/ AUDIOVISUAL take should never a When for environment sense of comfort, Sion— Instructors should be mind- overly compacted material, and overly Students important to to contributes quality learning for playground. dle or relocate mobile TV/ AV carts. It is reported immediately and instructors air dents, productivity for and to used space, bay. area Good indoor being be should as mode supply favorable Straps adjustment. Systems should be operated secure the equipment whether it is on a ful to note any areas of concern, which to provide a conso cart, shelf, or wall- mounted bracket. would include: debris, standing water, mode. Installation to observe the children at play. Young children by qualifie r/ y :> v are constantly challenging their own abili- ties, very often not being able to recognize potential hazards. It is estimated that over 40% of all playground injuries are Safety and Loss Control ay
  30. 30. SELF- INSURED SCHOOLS OF CA & LIABILITY UPDATE PROPERTY FEBRUARY 24, 2012 SISC II Periodically, formation from may be that counsel important to will receive our panel of pass on interest to our districts. Alesa Schachter, at Law of Law Offices the Schachter& son, is member Attorney John- of public like would entity to Lewis, 1300 17th StreetCity Centre a Bakersfield CA 93301 provide our PO Box 1847 clients with an advisory Bakersfield CA 93303 reminder of the necessity to maintain Phone: 661- 636A495 the Secretary of filing State of the entity' s Statement of with a current Facts, required pursuant to Fax: 661- 636- 4418 Govern- VISIT P& L: ment Code section 946. 4. A failure shared research HTTP:// importance concerning the member districts maintaining and current or " Johnson Schachter& P. L. C., www. jsl- Lewis( law. com) recently in- defense 6e 946. 4 GOVERNMENT CODE SECTION information SISC. KERN. ORG/ PL to maintain current information of our with SISC 11 Ap STATEMENT OF FACTS REQUIRED BY correct could result the tections of in loss of the STUDENT INSURANCE pro- the Tort Claims Act. HTTP:// Secretary of State' s office. We are SISC. KE RN. ORG/ SI SCHOOLS HELPING SCHOOLS sharing this research with our member districts current with the failure to Statement of Fact Secretary of State' the could as affect adversely Claims filed the keep on a the Tort Claims Act entirely where file there s office defense of our members. against g Public entities lose the protections of has been no able to losing the tion in the condensed version of prepared Lewis is P lete the co shown PY forma to Memo Johnson, Schachter& of below. For the Memo Statement should go by the be filed of Secretary of our website at Siscinembers. that of Cali- office please http:// kern. org P& L I STLIDLNT or protections of iROBERT KRETZMER DIRECTOR where filing is" so the informa- inaccurate incomplete that it does substantially the conform requirements of not to the Section 53051. 1661. 636. 4709 D LOW COORDINATOR 661. 636. 4863 LILIA MORENTIN CAROL RAY ADMIN. SECRETARY CLAIMS EXAMINER II 661. 636. 4495 661.636.4871 IPAT TUMBARELLO ELSA LARA 805. 929. 5950 CLAIMS EXAMINER II 661. 636. 4736 TY TAYLOR as well as the State State any kind. HILDA TABORA ADJUSTER II CLAIMS EXAMINER I 661. 636. 4601 661.636.4206 RYAN BOURGET SABRINA MOTEN ADJUSTER I CLAIMS ASSISTANT 661. 636. 4606 661. 636. 4414 ADJUSTER II Facts form with a com- of Further, public entities are vulner- Tort Claims Act A filing ROXANN DAILEY- WEBB ADJUSTER I 661. 636. 4848 VALARIE WAGNER LEAD CLAIMS EXAMINER 661. 636. 4694
  31. 31. PROPERTY & PAGE 2 A danger lies in allowing information in become inaccurate LIABILITY UPDATE It is recommended that public enti- a incomplete. ties regularly update their Statement filing Courts have held that claimants are entitled of Facts on file with the Secretary of to State. Enclosed is a copy of the form completely ignore the tion the Tort Claims Act taken from the Secretary of State' s ininformation is too inaccurate website for the filing of this informsto or claims presenta- A DANGER LIES IN ALLOWING INFORMATION IN A FILING TO BECOME INACCURATE OR INCOMPLETE." requirements of or when Helzer v. North San Diego County tion. complete. ( Transit( 1980) 112 Ca1. App. 3d 708 [ no filing]; Wilson v. Agency( 1977) agency San Francisco Redevelopment Specifically and most importantly, the legal name and official mailing address must be completely accurate for all filings. Further, 19 Cal. 3d 555 [ incorrect address].) anytime the legal name or the official mailEven is the California Su- more onerous ing address of the public entity is changed, holding that a claimant, in failing to file a tort claim, does not need to show that they were confused by the public San Francisco Reagency' s filing. ( Wilson preme Court' s this filing must be updated. A change of this nature absolutely affects the information needed by any claimant to properly present a tort claim to the public entity. Failure to v. development Agency( Therefore, even aware of claim, any the and if a claimant was to requirements their information include this current information has been 1977) 19 Cal. 3d 555.) failure file a in the protections of the Tort Claims Act are lost. tort was not caused contained held to be per se non- compliance, and the actually by public ( Wilson v. San Francisco Redevelopment Agency ( 1977) 19 Cal. 3d 555.) entity' s Statement of Facts on file with the Secretary of State, the claimant is still ex- cused from the requirements of filing a tort Further, anytime an election has resulted in IT IS RECOMMENDED a change of board members, the chairman, claim. president, presiding officer, secretary, or THAT PUBLIC clerk, a new filing should be made updating ENTITIES REGULARLY UPDATE THEIR STATEMENT FACTS ON OF FILE WITH THE SECRETARY OF STATE." While it is clear lion 946. 4 sets ance" standard ance, that forth for subdivision( public incomplete, vided with a legal of sec- a" substantial compli- agency if any information in the curate or b) compli- filing is inac- plaintiffs are pro- argument that they are the most current information. A proper and timely update of this information will foreclose any argument that claimants are excused( under section 946. 4) from the requirements of the Tort Claims Act in later litigation." excused from being required to file a tort claim. Courts will often differ as to what is substantial compliance" with section 53051. This a public entity where no will make to it more prevail on tort claim difficult for demurrer was presented. The above information is shared by SISC 11 Property& Liabilityfor your consideration. Member COE's and Districts should consider consulting with their own General Counsel should there be questions on the proper procedures to befollowedfor updatingyour current Statement ofFacts the onf le Secretary of State. with
  32. 32. t$, N OF tMF State of California Secretary of State Z mr O44 IFOR14' STATEMENT OF FACTS ROSTER OF PUBLIC AGENCIES FILING Government Code section 53051) Instructions: 1. Complete and mail to: Secretary of State, P. O. 2. Box 942877, Sacramento, CA 94277- 0001 ( 916) 653- 3984 A street address must be given as the official mailing address or as the address of the presiding officer. 3. 4. If Office Use Only) Complete addresses as required. you need additional space, attach New Filing ® information on an X 11" page, one sided and legible. 8'/" 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): Address: Name: Secretary or Clerk( Indicate Title): Address: Name: Members: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: RETURN ACKNOWLEDGMENT TO:( Type or Print) Date NAME F I 7 I Signature ADDRESS CITY/ STATE/ ZIP L J Typed Name and Title SEC/ STATE NP/ SF 405 ( REV. 05/ 09)
  33. 33. Association of California School Administrators November 8, 2013 STUDENT FEES Student fees have been a topic of great interest within the state for many years. In 1984 the Supreme Court issued its opinion in Hartzell v. Connell, on which most of the recent activity has been based. As pointed 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 in extracurricular 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 of legislation enforcing the settlement. When Governor Brown vetoed the legislation, the ACLU resumed the suit, but settled again, when new legislation was proposed. AB 1575, which settled the lawsuit, was enacted in 2012, adding Education Code Sections 49010-49013 inclusive ( copies attached). AB 1575 expressly references the Hartzell case, and indicates its rules are declarative 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." A pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge specifically authorized by law." This is supported now by the AB 1575 prohibition on fees for Basic Rules: " not educational 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 order to 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 remain free. Educational activity' means an activity offered by a school district, charter school, or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities." 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 obtain materials, supplies, equipment, or uniforms associated with an educational activity is an impermissible fee. A" fee" is a" fee" regardless of the families' ability or willingness to pay.