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Policy 8310 - Liability Insurance

Policy 8310

NONINSTRUCTIONAL OPERATIONS 

Liability Insurance
The district shall maintain sufficient liability insurance to protect it against claims for the negligent or wrongful acts of its staff or agents.  The amount and terms of such insurance protection shall be reviewed annually as part of the district’s risk management program.

The board shall hold individual board members, administrators, staff or agents of the district harmless and defend them from any financial loss, including reasonable attorneys’ fees, arising out of any act or failure to act, provided that at the time of the act or omission complained of the individual so indemnified was acting within the scope of his or her responsibilities or employment and in compliance with the policies and procedures of the district.  A member of the board of directors or a superintendent of any school district is immune from civil liability for damages for any discretionary decision or failure to make a discretionary decision for within his or her official capacity, but liability shall remain on the district for the tortuous conduct of the board members and superintendent.  The superintendent shall obtain errors and omissions insurance in the amounts deemed necessary by the board.

 

 

 

Legal References:       RCW   4.24.470                      Liability of officials and members of
                                                                                                governing body of public agency
                                    RCW   4.96.010                      Tortious conduct of political sub-division –
                                                                                                Liability for damages
                                    RCW   28A.320.100               Actions against officers, employees or
                                                                                                agents of school districts and
                                                                                                educational service districts –
                                                                                                Defense, costs, fees – Payments
                                                                                                of obligation

                                    RCW   28A.320.060               Officers, employees or agents of school
                                                                                                districts or educational service
                                                                                                districts, insurance to protect and
                                                                                                hold personally harmless

 

 

Adoption Date:           May 28, 1996