SECTION ti -LIABILITY, INSURANCE AND RISK MANAGEMENT 12A. Insurance &Liability Coverage Good Earth Charter School will obtain all necessary insurance either through a broker or through direct placement with a provider. It will obtain the best rates through competitive bidding or by allowing the broker to shop rates consistent with the quality of coverage or through joining a consortium of charter schools that have already obtained competitive premiums. GEC will secure general liability insurance (including coverage for after-school and field trip activities), errors and omissions coverage, Directors and Officers Liability, employee liability including Employment Practices liability insurance, property insurance and Worker's Compensation. All coverage will be provided by an insurance company that has a rating of "A" or better and a financial size category of "VII" or better, according to A.M. Best Co. Copies of appropriate certificates of insurance will be provided to the Hatboro Horsham School District prior to the opening of the school. The following chart provides a more detailed view of the types of insurance and limits GEC will secure: TYPE OF INSURANCE LIMITS Business Personal Property 500,000 General Liability 3,000,000 general aggregate Products completed operations Included Personal Injury 1,000,000 per occurrence Advertising Injury 1,000,000 per occurrence Damage to Premises Rented 100,000 per occurrence Medical Expense 5,000 per occurrence Sexual Abuse Occurrence Limit 1,000,000 Defense Expense Each Sexual Abuse 1,000,000 Occurrence Defense Expense Aggregate Limit 3,000,000 5 Coverage limits are subject to ongoing review by the school's insurance professionals and are based on changes in assets and school operations. This table provides minimum coverage limits anticipated by the school at this application stage. Good Earth Charter School Application ~ Page 111
Employee Theft 100,000 Commercial Automobile (School buses) 1,000,000 Workers Compensation Insurance and Employers Liability Per Law Student Accident 25,000 per person Accidental Death, Dismemberment, or Loss of Sight 20,000 per person School Leaders Errors and Omissions 2,000,000 Umbrella-Excess Liability Coverage 1,000,000 Good Earth Charter School understands the requirement to provide medical insurance coverage for employees that are the "same as" those provided to employees in the School District where it resides. It also understands the need to protect the Board and employees in the conduct of their work. Medical insurance coverage will be limited to a Preferred Provider Organization (PPO) or an HMO; indemnity coverage will be provided if it can be obtained and if the employee will pay a share of the premiums similar to that paid by School employees in the School District. Prescription, dental, and vision plans will be as similar to plans offered to the staff in these School districts as providers will offer. As indicated, liability insurance with umbrella coverage, auto liability (in the event that staff uses their own vehicles on charter school business), professional liability, directors and officers liability, insurance for errors and omissions, fire theft and vandalism on building and contents, workers' compensation and appropriate riders will be obtained through a broker when a Board is established, assets are acquired, employees hired, etc. 12B. Human Resources Good Earth Charter School is developing policies and procedures to be used for hiring, terminating, and determining benefits and compensation for all employees. Below is a description of the considerations that will go into establishing the policies: Salary -Salary shall be commensurate with qualifications and experience Contracts -Employees will receive written contracts that describe their duties, terms of employment, compensation, benefits, etc., prior to the onset of employment. Good Earth Charter School Application ~ Page 112
Hiring -The School wishes to promote diversity and equal access to all categories of employment, including retention and professional advancement, and will ensure equal opportunity, without regard to age, gender, sexual orientation, race, color, creed, religion, ancestry, national origin, social or economic status, parenthood, marital status or handicap. Dismissals - An employee may be dismissed or resign when given 30 days notice; the definition of cause is contained in the Public School Code of 1949; the process for dismissal of faculty members will follow the guidelines outlined by the Pennsylvania.Department of Education. Sick Leave/Personal Leave -The Board of Trustees shall provide sick leave and personal leave to all employees; the number of days will be determined at a later date. Medical Coverage -Employees will be eligible to receive medical coverage commensurate with the coverage provided by the Hatboro Horsham School District; the coverage shall include hospitalization, medical, prescription, dental and vision benefits; employees will be responsible for the requisite level of copay and other obligations associated with the coverage. Retirement Employees will be eligible to contribute to atax-sheltered, 403(b) annuity plan. 12C. Maintaining School Records, Family Educational Rights and Privacy Act (FERPA) Requirements Good Earth Charter School understands that, under FERPA, schools must generally afford parents the following: Access to their children's education records An opportunity to seek to have the records amended Some control over the disclosure of information from the records. Parents may access, seek to amend, or consent to disclosures of their children's education records, unless there is a court order or other legal document specifically stating otherwise. When a student turns 18 years of age or attends a postsecondary institution, the student, and not the parent, may access, seek to amend, and consent Good Earth Charter School Application ~ Page 113
to disclosures of his or her education records. Access to Education Records - To comply with FERPA, GEC will provide parents with the following access to their child's education records: Provide a parent with an opportunity to inspect and review his or her child's education records within 45 days of the receipt of a request Provide a parent with copies of education records or otherwise make the records available to the parent if the parent, for instance, lives outside of commuting distance of the School Extract the names and other personally identifiable information about other students that may be included in the child's education records Amendment of Education Records - To comply with FERPA, GEC will do the following: Consider a request from a parent to amend inaccurate or misleading information in the child's education records Offer the parent a meeting on the matter if it decides not to amend the records in accordance with the request OfFer the parent a right to place a statement to be kept and disclosed with the record if, as a result of the meeting, the School still decides not to amend the record Under FERPA, a School is not required to consider the following requests for amendment: Seek to change a grade or disciplinary decision Seek to change the opinions or reflections of a School official or other person reflected in an education record Seek to change a determination with respect to a child's status under Special Education programs Disclosure of Education Records: To comply with FERPA, Good Earth Charter School will do the following: Have a parent's consent prior to the disclosure of education records Ensure that the consent is signed and dated and states the purpose of the disclosure Good Earth Charter School Application ~ Page 114
However, Good Earth Charter School may disclose education records without consent when: The disclosure is to school officials who have been determined to have legitimate educational interests as set forth in the school district's annual notification of rights to parents; The student is seeking or intending to enroll in another school; The disclosure is to state or local educational authorities auditing or evaluating Federal or State supported education programs or enforcing Federal laws which relate to those programs; The disclosure is pursuant to a lawfully issued court order or subpoena; and/or The information disclosed has been appropriately designated as directory information by the School. Annual Notification: Each year, Good Earth Charter School will notify parents of their rights under FERPA as well as the rights and responsibilities that GECS has with respect to student's educational records. Information pertaining to FERPA will also be posted in the School Handbook and will be available on the School's website. Please see Appendix R Model Notification of Rights under FERPA for Elementary and Secondary Schools. 12D. Statement of Intent to Comply with All Applicable Safety Requirements It will be our intention and commitment to comply with and fulfill all of the local, state, and federal health and safety laws and regulations as required. Any and all school buildings on the property will have written documentation verifying their safety and structural soundness. Inspections by local building inspector and by local fire department official will be completed. All required certificates, occupancy permits and other relevant documentation will be provided to the Hatboro Horsham School District prior to the opening of the school as it becomes available and upon future requests. Additionally, GEC is committed to providing a safe, orderly learning environment for its students. To make this a reality we will develop a comprehensive school safety plan that incorporates the provisions of Act 26, the "Safe School Act", and includes protocols for responding to crisis situations at GEC. We will also review the local school district's safety plans to ensure accordance and compatibility and review safety plans from other municipalities for content and presentation ideas. The local police Good Earth Charter School Application ~ Page 115
and fire departments will be included in the process to ensure maximum understanding of their operations and incorporation of their recommended procedures. 12E. Description of the School's Health Services In compliance with the State Public School Code, pursuant to charter School law, including Article XIV requirements, the Board of Trustees shall require that students submit to appropriate health and dental examinations to ensure that each student's health status is at an optimal level and that achievement is not lessened as a result of unresolved or undiagnosed health problems. Every student attending GEC will be provided the following services by the School as detailed in the chart below. Please note that special education students will be provided with additional services, as needed. SERVICE K -1 2 3 4 5 6 7 8 Medical Examination X X Dental Examination X X X Growth Screen X X X X X X X X Vision Screen X X X X X X X X Hearing Screen X X X X Scoliosis Screen X X Tuberculin Test X As needed School Nurse Services X X X X X X X X Maintenance of Health X X X X X X X X Record Immunization Assessment X X X X X X X X 12F. Description of School Nursing Services, including Administration of Medication For each student admitted to the School, the School Director or his/her designee (the School Nurse) shall request an adequate health record from the transferring School. The individual student records of health examinations shall be maintained as confidential records subject to statute and the policies of this School. A student who presents a statement signed by his/her parent or guardian that a medical examination is contrary to his/her religious beliefs shall be examined only when the Secretary of Health determines that the student presents a substantial health Good Earth Charter School Application ~ Page 116
menace to the health of other persons. Where it appears to school health officials or teachers that a student deviates from normal growth and development or where School examinations reveal conditions requiring health or dental care, the parent or guardian of the student shall be so informed and a recommendation shall be made that the parent consult a private physician or dentist or a local community-based health center. The parent shall be required to report to the School the action taken subsequent to such notification. Parents and guardians of students who are to be examined shall be notified of such examinations. The notice shall include the date and location of the examination and the parent or guardian will be encouraged to attend. Such notice may also include notification that the parent may have the examination conducted privately at the parents' expense and encouragement that the parent does so in the interest of providing continuity in the student's health care; and, notification that the student may be exempted from such examination if it is contrary to the parents' religious beliefs. The nurse will be ultimately responsible for overseeing the student health services program. The nurse shall instruct all staff members to observe students continually for conditions that indicate physical defect or disability and to report such conditions promptly to the nursing service. When the School Administration receives a report of the existence of a communicable disease in a student's family, the nurse must be notified. When the nurse discovers a student in School with a communicable disease, they shall notify the School Director immediately who will then provide for the reporting of this information as noted above. Regarding the administration of medication, the PA Department of Health provides guidance for schools on the development of this policy in the Guidelines for Pennsylvania Schools of the Administration of Medications and Emergency Care (2010). The Guidelines outline state policies regarding the administration of medication. Both professional nursing law and practical nursing law do not allow the delegation of the administration of medication to non-licensed personnel. Consequently, a certified school nurse cannot lawfully delegate the nursing function of medication administration to the School Director, to any teacher or administrative personnel/staff (unless specified by statute, such as the administration of epi-pens by trained employees pursuant to Section 14-1414.2 of the Public School Code). Good Earth Charter School Application ~ Page 117
As employees who bring extensive knowledge of health services, medical systems, and best practices to the school setting, the school nurse will take the lead in policy and procedure development for Good Earth Charter School and assess the health needs of students, including those taking medications (prescription, OTC, CAMS, and/or emergency medications) as necessary. To oversee and keep medications secure, the school nurse will set up the school's medication system, will recommend the purchase of supplies, will set up a double-lock storage system, will decide where keys are kept, will refrigerate medications] as needed, and will purchase medication resource documents, such as the drug formulary and training materials. The school nurse will set up, maintain, and secure private medication and health records, which include medication documentation, medication counts, authorizations, and prescription orders. GEC recognizes the importance of the following list of principles of medication administration and will require that they be known and followed by the school nurse when administering medications at the School: Guarantee that medication administration is a clean procedure by washing hands. Medication is given exactly as ordered by the health care provider or indicated on manufacturer's instructions. Everything should be done to avoid "no-shows," especially for seizure medications and antibiotics. Prevention of errors! Nursing personnel should not allow themselves to be distracted. One student's medication should never be used for another's. Individual student must be kept information private. Application of child development principles should be considered when working with students (e.g., students do not want to be considered unique). If there is an error or medication incident, it must be reported. The school nurse will be required to follow School procedure for notifying the School Director, the student's parent legal guardian, and the prescribing physician. Complete documentation of the incident will be required. It will be imperative that the school nurse act as soon as an error has been discovered. The School Director will evaluate errors by all school nursing personnel who administer medications and will respond accordingly with appropriate follow-up. Good Earth Charter School Application ~ Page 118
GEC takes the responsibility of medication administration on school grounds very seriously. When medications are administered by the school nurse, a Medication Administration policy will be followed. Please see Appendix S Medication Administration Procedures. Good Earth Charter School Application ~ Page 119
Good Earth Charter School Application ~ Page 120