Insurance for Booster Clubs / PTA / Parent Groups - District Coverage does not Extend to any of those
From: Tom Chan [mailto:tchan@wsrmp.com]
Sent: Tuesday, March 15, 2005 10:40 AM
The Risk Pool’s liability coverage for the District does not extend to booster clubs and other parents’ groups. Their activities are not covered whether they are held on district premises or not. The Pool only covers district volunteers when they are working under the direction of staff members in district-sponsored functions and when they are working within the scope of their duties.
When a booster club or a parents’ group use district facilities, the district should request the group to provide the district with a certificate of insurance and have the district named as an additional insured by endorsement. The district may be asked to pay a liability claim when a defect of the facility cause an accident, but the outside group should pay liability claims resulting from an activity organized by the group.
Please read the following Loss Control Bulletin for liability of facility use.
Tom Chan, MS, ALCM, ARM, AIC
Loss Control Consultant
Washington Schools Risk Management Pool
P. O. Box 66838
Burien, WA 98166-0838
Tel: 1-800-488-7569, 206-439-6962
Fax: 1-800-831-0175, 206-439-6939
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Bulletin #102 |
Facility Use Liability
There are some situations associated with the use of school district premises or facilities that may create liability exposures for a school district. These circumstances generally fall into the following four categories:
DISTRICT EVENTS AT DISTRICT FACILITIES
When a school district uses its own facility to put on school district-sponsored events, the Pool provides coverage for both the premises liability and the activity. Visitors coming onto the district’s premises have an expectation that the facility will be reasonably safe. The district as owner has a duty to inspect and repair any defects that could lead to injury. The district as the sponsor of the activity has the duty to plan, organize, direct and control the activity according to the particular standard of care for that activity.
DISTRICT USE OF OUTSIDE FACILITIES
When a school district uses an outside facility for a school-sponsored event, the facility owner is expected to ensure the premises are safe for visitors. The school district should not put itself in a position to provide protection to the owner for defective premises. Read all Facility Use Contracts carefully prior to signing them.
The school district is responsible for controlling and supervising the activity. Be prepared to sign a facility use agreement promising to protect the facility owner from losses arising from the negligence of the school district, but not indemnifying the owner for his negligence.
If requested, the Pool can provide the owner of the facility with an Evidence of Coverage Letter. Please contact Phyllis Middleton, Director of Operations with these requests.
OUTSIDE USE OF DISTRICT FACILITIES
When an outside group uses school district premises to hold an event, the Pool insures the premises as the district is responsible for maintaining the property in a reasonably safe condition.
The facility user is responsible for the conduct of its activity. The school district should require every facility user to complete a facility use agreement promising to protect the school district from losses arising from use of the facility. In order to ensure that this promise can be fulfilled, require the user to provide proof of insurance with limits of liability of at least 1 million dollars. This proof is usually in the form of a Certificate of Insurance with an Endorsement naming the school district as an additional insured.
This is particularly important if the facilities are being used by youth programs. As of January 1, 2000, the legislature limited public school liability during use of its facilities for youth programs defined as “any program or service offered by a private nonprofit group that is operated primarily to provide persons under the age of eighteen with opportunities to participate in services or programs.”
A school district is not liable for an injury or death caused by the action or inaction of persons employed by or under contract with a youth program if:
As school district immunity is at stake, it is imperative to make sure these organizations have proper insurance. The Risk Management Pool has arranged through its broker a special liability insurance program (SLIP) under which the private, nonprofit group can purchase insurance for all of its activities annually. The user may apply for Special Events Insurance for a one- or two-day event.
A sample Facility Use Agreement that includes all of this information is enclosed. Revise this agreement so that it is in compliance with your school district’s facility use policy.
OUTSIDE USE OF OUTSIDE FACILITIES
When an outside group, such as a parent booster club, uses a facility that is not owned by the school district for an event such as a graduation party, it could be misconstrued by the parents and community that the event is school-sponsored.
Request that a disclaimer be included on any written material distributed about the event which clearly states that this is not a school-sponsored event. Any distribution of materials to students should be in compliance with the school district’s Distribution of Materials policy. Do not allow any school district materials, personnel, or funds to be used.
The Pool can arrange for special events insurance through its broker for these affiliated groups at the district’s request.
Please contact Ray Lettus, Director of Operations - 206/439-6955 or rlettus@wsrmp.wednet.edu - for details regarding the SLIP program or special events coverage.