GENERAL DISCUSSION OF ARCHDIOCESAN LIABILITY INSURANCE PROGRAM 1 A . Employment . Wrongful discharge, discrimination, including age, gender, race, national origin and religion. 1990-2000 22 claims 2000-2010 19 claims 2010- 2012 3 claims B. Negligent Supervision . Claims filed against schools for playground accidents, fights between students, etc. 1990-2000 4 claims 2000-2010 7 claims 2010-2012 None JSM
GENERAL DISCUSSION OF ARCHDIOCESAN LIABILITY INSURANCE PROGRAM 2 C. Personal Injury . Claims including slip and fall, automobile accidents and other personal injuries occurring on Diocesan property. 1990-2000 10 claims 2000-2010 22 claims 2012-2012 1 claim D. Festival Claims . 1990-2000 None 2000-2010 6 claims 2010-2012 2 claims E. Defamation . Libel or slander by a diocesan employee. 1990-2000 None reported 2000-2010 5 claims reported 2010-2012 None JSM
GENERAL DISCUSSION OF ARCHDIOCESAN LIABILITY INSURANCE PROGRAM 3 How are claims paid and where does the money come from to pay defense costs and settlements? Why does the Archdiocese have a self insured threshold and is it an economically sound decision? As an Archdiocesan employee, am I or those that I employ, fully covered by the insurance program? JSM
GENERAL DISCUSSION OF ARCHDIOCESAN LIABILITY INSURANCE PROGRAM 4 Are volunteers covered under the Archdiocese Liability Insurance Program? Are independent contractors or outside agencies that use the facilities of the Archdiocese covered by the Archdiocese’s insurance program? Should I sign a vendor contract with an indemnity provision?. JSM
GENERAL DISCUSSION OF ARCHDIOCESAN LIABILITY INSURANCE PROGRAM 5 How can you assist the Archdiocese in providing risk management? Who do I call if I have a potential legal problem and think you need to talk with a lawyer? PETERS LAW ! We call - we pay You call - you pay! JSM
GENERAL DISCUSSION OF ARCHDIOCESAN LIABILITY INSURANCE PROGRAM 6 Student Transportation If school sponsored event the school needs to provide transportation. Students should never drive other students to a “school sponsored” event Teachers and coaches should not request students to run errands in a student vehicle. Only employees of school should transport students JSM
GENERAL DISCUSSION OF ARCHDIOCESAN LIABILITY INSURANCE PROGRAM 7 Elements of a Transportation Policy What is a “school sponsored” event and when must transportation be provided by the school Education and training of school employees in use of school vehicles and school’s transportation policy Education of students and parents regarding transportation policy and use of student vehicles Additional elements – comments from audience JSM
CUSTODY DISPUTES . 8 Parents who remain married and are not under a separation order have the joint responsibility to determine educational issues on behalf of their children. Both non-public and public schools must allow custodial and non-custodial parents of a child the same access to their child's educational records JSM
CUSTODY DISPUTES 9 If questions exist as to who is the custodial parent, obtain a statement signed by both parents. Court order or decree Do not become an interpreter of the Court order Event of a dispute, look to the parent who enrolled the student Instruct parents that the school will not get in the middle of the dispute Instruct parents that if they insist on placing the school in the middle of the dispute, the parents are jeopardizing the child's continued enrollment JSM
CUSTODY DISPUTES 10 Dueling Court Orders Instruct the parents that the school will not become part of the dispute. Instruct parents that resolution of custody issues lie with the Court and the school will recognize status quo (school's understanding of custody prior to dispute) until further instructed by a Court. If physical custody of the child becomes an issue (threats of abduction etc.), inform parents the police will be called to resolve the issue. JSM
CUSTODY DISPUTES 11 Subpoena for Court When a teacher, counselor or principal receives a subpoena to testify in Court regarding a child custody matter, immediate communication to the Office of Catholic Education should be initiated. Most of the information that could be received from the teacher in Court testimony can be obtained directly from the school's records. Teachers must take care not to express an opinion as to which parent may or may not be a suitable custodial parent. If called on to testify, testify only to factual observations JSM
CUSTODY DISPUTES 12 How to Prevent Problems Address the issues up front. At the time of the student's enrollment. Obtain a certified copy of the Court's order. Stay neutral and make the issues the parents’ problem, not the schools. JSM
PUBLIC vs. PRIVATE SCHOOL SUPERVISION 13 Private schools may maintain student supervision by: Imposing discipline - dress, speech, conduct. Emphasize moral development. Demand respect for the school and its teachers. Implement drug screening programs. Implement locker searches, handbag searches or other reasonable rules necessary to implement proper discipline . JSM
PUBLIC vs. PRIVATE SCHOOL SUPERVISION 14 Due Process in a private school Simple procedural fair process is: Notice Opportunity to speak against the action -- to tell their side of the story . Opportunity to appeal (pastor or president JSM
PUBLIC vs. PRIVATE SCHOOL SUPERVISION 15 Searches in a private school are permissible: Lockers, desks, public areas are all OK Be very careful/discreet about other searches Group searches can be a problem Generally should have a reasonable suspicion JSM
PUBLIC vs. PRIVATE SCHOOL SUPERVISION 16 Personal Searches – pat downs, inside clothing or purse: Problematic Give student voluntary opportunity Police must have probable cause Never strip search Call police for drugs, weapons or suspicion of other criminal activity JSM
PUBLIC vs. PRIVATE SCHOOL SUPERVISION 17 Police Interrogation of Students at School If a student who is at least eighteen (18) years of age is interrogated by a law enforcement officer: (1) on school property; and (2) regarding an investigation in which the student may be a suspect; … the school principal must make an effort to immediately notify the student's parent of the interrogation, or if immediate notification is not possible, the school principal must notify the student's parent not later than twelve (12) hours after the interrogation occurs. This subsection does not require the presence of a student's parent at the interrogation if the student is eighteen (18) years of age or older. JSM
Legislative Issues 18 Busing of Non-public Students- Archdiocese v. Lawrence Township A final decision was rendered by the Indiana Court of Appeals on March 28, 2011. The Court of Appeals held that Ind. Code § 20-27- 11-1 does not mandate that a school district provide special school bus routes. New bill passed on the last day of the session that takes away the school corporations’ argument that they need only pick up the non - public students and deliver them to the public school. The law now clearly requires the school corporation to deliver the students to a point close enough for the students to walk to the non-public school. JSM
Legislative Issues 19 SECTION 49. IC 20-27-11-1, AS ADDED BY P.L.1-2005, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) If a student who attends a nonpublic school in a school corporation resides on or along the highway constituting the regular route of a public school bus, the governing body of the school corporation shall provide transportation for the nonpublic school student on the school bus. (b) The transportation provided under this section must be from the home of the nonpublic school student or from a point on the regular route nearest or most easily accessible to the home of the nonpublic school student to and from the nonpublic school or to and from the point on the regular route that is nearest or most easily accessible to the nonpublic school [A> FROM WHICH THE STUDENT CAN WALK TO AND FROM THE NONPUBLIC SCHOOL. <A] JSM
Legislative Issues 20 Choice Scholarship Program Challenged in Meredith v. State of Indiana The Indiana State Teachers Association backed the lawsuit challenging the Indiana State constitutionality of the Choice Scholarship Program was unsuccessful in obtaining a preliminary injunction that would have halted the program. The Indiana Catholic Conference intends to file an Amicus Brief with the Indiana Supreme Court next month. JSM
Legislative Issues 21 Scholarship Tax Credit Law S.B. 296 authorized a small change in the Scholarship Tax Credit law to allow students who had previously received a scholarship but became ineligible in subsequent years because of an increase in family income, to regain eligibility if family income again met the income criteria. JSM
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