Date: 09/09/2015
Final
Panel Discussion on Risk Management in Colorado Schools
SCHOOL SAFETY AND YOUTH IN CRISIS
| Votes: View--> | Action Taken: |
| <none> | <none> |
12:23 PM -- Panel Discussion on Risk Management in Colorado Schools
Senator Scheffel invited the next presenters to the table: Rico Munn, Superintendent of Aurora Public Schools and representing the Colorado Association of School Executives (CASE), Terri Sahli, Director of Enterprise Risk Management and Process Improvement for Denver Public Schools, Kathleen Sullivan, Chief Counsel for the Colorado Association of School Boards (CASB), Eric Slinger, representing HUB International Insurance Services (HUB), and Steve Fast, representing the Colorado School District Self Insurance Pool (CSDSIP). Ms. Sahli began her presentation by stating that everyone involved with kids is responsible for keeping kids safe, not just teachers. Ms. Sullivan provided background information about CASB and stated that CASB endorses the provisions of the legislation being examined by the committee. She said that CASB is concerned about displacing the immunity laws that have been in place since 1971 to protect public and governmental bodies when there is not a clear definition of reasonable standard of care in place. Mr. Slinger, told the committee that HUB is the largest provider of insurance for charter schools in the state through the Colorado League of Charter Schools. Mr. Fast told the committee that CSDSIP runs risk management training and provides self-insurance for school districts, 30 charter schools, and 17 Boards of Cooperative Educational Services (BOCES), and works to prevent and mitigate loss and risk up-front.
12:34 PM
The presenters answered questions from the committee pertaining to caps on damages, and other expenses that might be incurred in litigation situations, such as legal fees such as discovery, experts, corporate orders, and travel, which would increase the cost for a fully litigated case upwards of the $350,000 cap on damages. Ms. Sahli talked about the need to protect the open sharing of information. The panelists answered questions about what school districts are currently doing in regards to risk management and about the definition of standard of reasonable care. They answered questions about the negative impacts and unintended consequences of Senate Bill 15-213. The panelists discussed whether definition of standard of reasonable care should vary based on the resources of the school or district.
12:58 PM
The presenters answered questions about liability issues for teachers. Ms. Sullivan stated that there are currently fewer options for helping students with disabilities who may be most at-risk of engaging in violence, and that we do not hear about all of the incidents that were prevented, only about the tragedies that actually occur. Ms. Sullivan responded to a question about school safety plans and other legal requirements. Mr. Slinger talked about the costs associated with maintaining a culture of safety at schools.
01:19 PM
The panelists answered questions about the cost of risk management and of preventing liability exposure, and about how premium rates are set district by district. Discussion ensued about the practicality of defining reasonableness of care and about how federal law conflicts with state law concerning the protection of disabled students. Ms. Sullivan discussed section 504 of the rehabilitation act, and the requirement that a school district not suspend a person with disabilities for behavior that is related to their disability.
01:37 PM
The panelists continued to discuss the legal implications of SB 15-213 and whether CASE or CASB has made specific recommendations to school districts based on the 2013 shooting incident at Arapahoe High School.