Managing Risk and Reward of Extended Field Trips

Presented By: Heather DeBlanc, Gaby Akana and Jane Davis Managing the Risk and Reward of Extended Field Trips – Reviewing Your Student Travel ProgramsCalifornia Independent Schools Business Officers Association (Cal-ISBOA) Annual Conference | April 29, 2019

Presenters Heather DeBlanc, Partner, Liebert Cassidy Whitmore Gaby Akana, Assistant Head of School/Middle School Division Head, Turning Point School Jane Davis, CFO, The Archer School for Girls

What We Will Cover In This Session What discussions you should be having with your Head of School, Board and families Legal and contractual issues for both domestic and international overnight travel Insurance coverage Vetting third party vendors Educating chaperones on best practices

To Travel or Not to Travel? When deciding on whether or not to offer a domestic and/or international travel program, what are the questions you should be asking? What are the educational and community goals for the program? Is it a required trip for a course, or optional? How do you choose a destination? How do you balance safety with a robust experience? How much risk is the School willing to take?

If the Decision is Yes: How do you design a program that meets your goals while protecting the school from risk?

Planning Establish a formal approval process for travel programs Purpose Where to go? Local (Overnight) Domestic International Travel.State.Gov (travel advisories) CDC Travel Health Notices Third party vendor or direct sponsor - pros and cons

Preparation Chaperone training & preparedness Orientation Crisis plan Communication with parents Health and safety emergency planning Contingency plans Medical issues - medication and allergies Travel documents (notarized) Policies: ex: faculty children, financial aid, cell phone policies, etc.

Considerations Program alignment Language study Sports Tours Museums Service learning and/or interactions with others Assess level of risk Policies

Overnight Component Lodging Sharing rooms Sharing beds Restrooms (private/shared) Chaperones Security Emergencies Homestays?

Vetting Third Party Vendors Risk shifting mechanism Experience with CA private schools Reputation & references Insurance they hold Details they provide Willingness to negotiate contract terms Refund & cancellation policies

Contracts With Travel Vendor Detailed services Vendor’s risk assessment California law Business & Professions Code 17554 Payment details Fingerprinting/criminal background checks

Business & Professions Code § 17554 An “educational travel organization” (one who offers travel programs to US students) that contracts with a California private school must include in the contract certain provisions Note: This will apply to every vendor because they are contracting with a CA school & doing business in CA

Contract Requirements - B&P § 17554 Name, address & number 24-hour emergency contact Itemized statement of services & cost Insurance for injury to student Type & amount of coverage, policy number, issuer, and contact to verify the coverage Any additional costs to students Qualifications, required by vendor staff with students on trip

Contract Requirements - B&P § 17554 Program description & copy of all materials to be provided to students Number of times the program has been conducted by vendor & number of students who completed program Length of time the vendor has conducted/arrangement programs, and, at the option of the educational travel organization, other travel services with substantially similar components

Contract Requirements - B&F § 17554 Name of each owner & principal of the vendor Statement re: whether any owner or principal has had entered against him or her any judgment, including a stipulated judgment, order, made a plea of nolo contendere, or been convicted of any criminal violation, in connection with the sale of any travel services for a period of 10 years predating the contract

Contracts with Travel Vendor Indemnification Insurance School’s limitation of liability Protection of confidential information

Waiver & Release Identify risks Release Waiver language Cannot release gross negligence or intentional misconduct of School or its employees Waivers between School & third party vendors Waivers between third party vendor & families Waivers between School & families

Insurance In effect during entire time of trip Name School as additional Insured Waiver of subrogation rights against School Statement that insurance does not operate as a limitation on vendor’s liability Sexual molestation Foreign Travel Policy

Chaperone Training & Education Above and beyond what the vendor requires or provides Create a manual or detailed policy Training meetings Clarity with workflow: communication with vendor, School, parents, etc. Documentation Post mortem

Checklist & Trip Protocols Paperwork: waivers, medication forms, medical authorizations, behavior contracts, emergency numbers, Medical: plans, OTC and Rx medications, permissions, etc. Emergency funds in cash and credit Contact info: vendor, school, chaperone Expectations of communication Cell phone policies Share sample of checklist

Post Mortem Documentation: incident reports, medication, etc. Lessons learned: internal and with vendor Communication follow up with parents

Resources Global Education Benchmark Group https://gebg.org/ Center for Disease Control and Prevention https://wwwnc.cdc.gov/travel/destinations/list U.S. Department of State https://travel.state.gov/content/travel.html Embassy and Consulate Information http://www.embassyworld.com/ International SOS Foundation https://www.internationalsosfoundation.org/

Questions?

Thank You! Heather DeBlanc Partner | Los Angeles Office Phone: 310.981.2000 | hdeblanc@lcwlegal.com Gaby Akana Assistant Head of School/Middle School Division Head | Turning Point School gakana@turningpointschool.org Jane Davis Chief Financial Officer | The Archer School for Girls jpdavis@archer.org

Managing Risk and Reward of Extended Field Trips