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SR2S Liability. Objectives1.Foster understanding of the role and responsibilities of school boards.2. Identify school district barriers for supporting SRTS.3. Provide resources for supporting SRTS.. SR2S Liability. Role of the School Board To ensure that school districts are responsive to th
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1. Michigan Fitness Foundation
Safe Routes to School
Liability
The State Coalition Annual Meeting
March 3, 2011
Presenter
April Morrison-Harke SR2S Liability
2. SR2S Liability Objectives
1.Foster understanding of the role and responsibilities of school boards.
2. Identify school district barriers for supporting SRTS.
3. Provide resources for supporting SRTS.
3. SR2S Liability
Role of the School Board
To ensure that school districts are responsive to the values, beliefs, and priorities of their communities.
4. SR2S Liability Liability Risk Avoidance
School District should not partake in actions that increase their responsibilities and boundaries.
Employees/volunteers escorting students to/from school.
Requiring students to walk/bike to school.
Mapping “safe” routes to school.
5. SR2S Liability The Good News
The school board can support and encourage SRTS efforts through their roles and responsibilities without exposing the district to increased risk of liability.
6. Legal duty of care
School breached that duty
Breach was “proximate cause” of injury Establish Liability for Negligence
7. Degree school controls activity
School actions conform to rules, policy, regulations, & procedures
Extent school knew of hazard and failed to warn against it. Relevant Factors
8. SR2S Liability Work with School District Administrative and Legal Staff
Policies
Risk Management
Insurance Needs
9. SR2S Liability Be Aware of:
Local Laws and State Laws
Regulations
School Policies
10. SR2S Liability Take Steps to Fix Problems
On School Property
Local Road or Security
11. SR2S Liability Be Proactive Develop a Plan
Identify Safety Problems
Prioritize Needed Improvements
Notify Community of Hazards
12. SR2S Liability Document Your Efforts
Speeding Vehicles
Keep Records of Communication
Notify Parents
13. SR2S Liability
Be uniform, systematic and consistent in undertaking safety improvements.
14. SR2S Liability Inform and Involve Parents
Parents responsible for their children. (readiness and route)
Information on routes, guards, signals, and safety education.
Encourage parents to walk small children.
15. SR2S Liability Consider Waivers
When SR2S program sponsors specify transportation activities.
For Parent Volunteers and Parents of Students Participating
Carefully Drafted for Effectiveness
16. SR2S Liability Insurance
School District Umbrella Policy
Review Policy for SR2S Coverage
Adjust Policy if Necessary
17. SR2S Liability Provide Training
Adult Crossing Guards
School Employees - Safety
Safety Patrollers
Volunteers - Screening
18. SR2S Liability Federal Volunteer Protection Act
1. If providing service to nonprofit, school, or other government agency.
2. Acting within scope of duties
3. Negligent – act without reasonable care
19. SR2S Liability Federal Volunteer Protection Act
Not Covered
Extremely Negligent, Deliberately
Required License or Certification
Drugs or Alcohol
Operation of Motor Vehicle
Provide Significant Protection not Total