NOVEMBER 2011

Complying with the ADA in the Workplace: Mitchell County Using the Interactive Process “Targets” Proper By: Harben, Hartley and Hawkins Law Firm Lifting for SFS Personnel

The Mitchell County School System has taken a leadership role in utilizing Target Safety. The school district’s School Food Service Manager/Supervisor Julie “…ADA was Tucker became the first individual in Mitchell to use one of Target designed to prevent Solutions’s 250 courses to train discrimination her staff. Ms. Tucker’s efforts against disabled received the full support of Interim Superintendent Vic Hill. employees who are Following an analysis of their able to perform the workers’ compensation loses, essential functions of Ms. Tucker determined her staff a job.” needed retraining in proper lifting techniques. Like most school districts, she faced two rather common constraints in today’s economy, little staff development Title I of the Americans with Commission (“EEOC”) have not time and no funding. For these Disabilities Act (“ADA”) was only named the process, but reasons she looked to GSBA and designed to prevent discrimination defined it. In order to trigger a its new safety training initiative, against disabled employees who school district’s responsibility to TargetSolutions. With this tool, are able to perform the essential engage the interactive process, an functions of a job. Under the ADA, employee must specifically assert Continued on page 3 an employer is required to provide his or her disability and request an reasonable accommodations if accommodation. Such a request necessary to enable an otherwise should be more than a general qualified but disabled employee to assertion that accommodations are perform the job. The process for needed, but instead specify a specific determining what accommodations accommodation or at least need. are reasonable and necessary in a As a result of the passage 5120 Sugarloaf Parkway given situation is an important part of the 2008 amendments to the Lawrenceville, GA 30043 of complying with the ADA. ADA, Congress requested the Although the phrase “interactive EEOC to issue guidance to assist 770.962.2985 process” does not appear anywhere employers in understanding their www.gsba.com in the ADA, the federal courts and Continued on page 4 the Equal Employment Opportunity Georgia School Boards Association Risk Management Services November 2011 Director’s Message By: Trudy Sowar, GSBA Director of Risk Management Services During the Georgia School a catastrophic event like the one Superintendents Association Fall Catoosa occurs. Bootstrap Conference in Athens, The following are some of Catoosa County Superintendent the critical areas Superintendent Denia Reese shared a powerful Reese identified for her peers to presentation describing the review for their own districts. For devastating tornado that hit comparison purposes, the following her community in May. The describes the coverage provided by EF-4 tornado struck the town the GSBA Risk Management Fund of Ringgold with little warning, agreement: destroying homes, businesses and • Demolition and Increased Cost the high school. Ms. Reese and of Construction - GSBA RMF her staff found themselves in the provides the $25 million per middle of a devastated community occurrence in coverage for Photos above show damage to the looking to her for leadership. demolition and the increased Catoosa County schools as a result of a Top priorities included locating cost of construction. tornado that hit the area in May. an alternate site for their badly • Debris Removal – GSBA RMF damaged central office and the provides the greater of 25% • Electronic Data Protection – daunting task of making payroll of the loss or $25 million per GSBA RMF covers valuable within a couple of days of the occurrence. papers, records and EDP media storm. As Ms. Reese shared, they • Stadiums and Athletic Fields and equipment. learned many lessons from this – Under the GSBA RMF event, lessons she has graciously agreement, your statement of GSBA Risk Management shared with many others. Ms. values includes outside property Services would like to thank Reese had superintendents raise including signs, scoreboards, Catoosa Superintendent Denia their hands and take a friendly fencing and lighting. Stadiums Reese for sharing the “lessons oath to read their insurance are scheduled separately. learned.” We commend Ms. Reese, policies when they got home so • Landscaping – GSBA RMF the school district staff, as well they will know what coverage they provides a $5 million sublimit as city and county and agency have, or more importantly, what for landscaping, natural turf on leaders for the outstanding job coverage they may not have. athletic fields and $5,000 per they did serving their community Insurance is a complex topic tree. through hard work, dedication and and sometimes is not the major • Valuation/Coinsurance Clause leadership. area of focus in educational – The GSBA RMF agreement As you meet Superintendent leadership preparation. The provides blanket replacement Reese’s challenge to review language used in insurance cost coverage. There is no your coverage, please call on us policies is often as unfamiliar coinsurance clause or valuation at GSBA RMS if we can be of to educators as educators’ penalty. The Fund provides assistance to you. This is truly an language is to other professions. building appraisals once every important issue that requires your Yet, the misunderstandings have three years to ensure appropriate most focused attention. the potential to become very values. expensive to school districts if

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Member Spotlight, continued from page 1 the school district discovered a member benefit at no additional cost, offering more than 250 on- line training courses including the perfect course to meet her department’s immediate need, “School Food Service Proper Lifting.” By her own admission, Ms. Tucker had to overcome some anxiety working with on-line training as opposed to the more traditional on- site presenter-driven delivery. Working with her GSBA Risk Management Services Member Advocate Dr. Ricky Brantley and the TargetSolutions staff, Ms. Tucker completed the orientation training and made a decision to give the Shown in the photo are Mitchell County School Food Service employees who much needed on-line training a missed the July training, but participated in the August make-up session. try. For its first course rollout, she Pictured from left to right in the front row are Malissa English, Tangie chose to provide the training in a Spooner, Mary Hudson, Mary Smith, and in the back row are Phyllis Stewart- whole-group setting. “At first, I Williams, Calvin King, Gwen Dixon, Maggie Harris. was skeptical as to how well this would work in a group setting,” she said. “Stephanie Bianchetti, stop and return to training later.” County in the Member Highlight TargetSolutions account manager, Looking back on the section and to congratulate Ms. was a tremendous help in getting training experience, the district Tucker, Interim Superintendent Vic everything setup. She even gave appreciated the flexibility of using Hill, and Workers’ Compensation me her cell number in case I had a TargetSolutions courses in both Coordinator Bonita White for question after hours,” remarked Ms. group settings and as individual showing great leadership by Tucker. assignments. “Using this (initial) providing safety training for their The rest of Mitchell County’s first training in a group session took the school food service staff. We also experience with TargetSolutions pressure off some of our employees salute the Mitchell County Board of underscores the leadership of Ms. who aren’t as comfortable using a Education Chair Norma Gilpatrick, Tucker and the school district computer as others. We watched Vice-Chair Barbara Reddick, and staff as they experienced both the sessions together then took the Members Tholen Edwards, Patricia satisfaction and success. Ms. Tucker test. This allowed me to document McCaskill, Gregg Scott, Robert Scott took the opportunity during the our training,” said Ms. Tucker. and Joseph White. training to demonstrate to her staff When asked if the that future uses of TargetSolutions TargetSolutions on-line courses are courses will be made as individual part of the Mitchell County School assignments. She said, “I showed Food Service Department’s future, our staff how easy the sessions are Ms. Tucker said, “I plan to use this when working individually, how you training again.” can go back to a previous session GSBA Risk Management Services if you missed something or have to is delighted to recognize Mitchell

PAGE 3 Georgia School Boards Association Risk Management Services November 2011

Complying With ADA, However, employers must show good continued from page 1 faith in entering into the process. The letter might also include responsibilities under the law. Those Obviously, the demeanor, attitude alternative accommodations guidelines indicate that reasonable and comments of those participating proposed by the district, especially accommodations are best determined become important if the good faith when rejected by the employee. through a flexible process that of the school district is challenged. When districts are in the process involves a meaningful dialogue In determining whether a of determining whether a requested between employer and employee. requested accommodation is accommodation would cause The guidelines outline four steps in reasonable, the EEOC guidelines undue hardship, the EEOC guidance the interactive process: indicate that many accommodations suggests several factors, including should be considered. The list the following that might be relevant (1) Analyze the particular job provided includes, but is not to school districts: involved and determine its limited to, making existing facilities purpose and essential functions; accessible, job restructuring, (1) The nature and cost of the modifying work schedules, modifying accommodation needed; (2) Consult with equipment, the [disabled] reassignment and (2) The overall financial resources, individual… to “…a flexible process providing time size, number of employees of the ascertain the 2 employer; that involves a off. precise job- When an related limitations meaningful dialogue… employee (3) The impact of the imposed by the demeanor, attitude requests an accommodation on the operation 3 the…disability and comments of those accommodation, of the facility. and how those school districts limitations could participating become should meet with The interactive process is a be overcome important if the good the employee dialogue between the district/ with reasonable faith of the school and ascertain the employer and the disabled employee accommodations; to ascertain the employee’s specific district is challenged.” specific disability and nature of the disability, the best means of (3) In consultation accommodation. accommodating that disability and with the Certain requests whether that accommodation is [disabled] individual…identify will be reasonable, obviously related feasible for the employer. A few potential accommodations to the employee’s disability, and simple questions at the beginning of and assess the effectiveness will not cause the school district the process can save time, resources each would have in enabling any undue hardship. However, there and attorneys fees. Where the the individual to perform will be cases where the employee’s employee has requested a specific the essential functions of the disability may be questionable under accommodation, or may have a position; and the ADA or the accommodation disability, and the school district requested will be unreasonable, refuses or is afraid to engage in such (4) Consider the preference of causing undue hardship for the a constructive dialogue, the potential the [disabled] individual… district. In those cases, it is for liability increases. and select and implement recommended that a follow-up letter the accommodation that is be sent to the employee, which most appropriate for both the would include requests for additional employer and employee.1 information, including, where 3 29 C.F.R. § 1630, Appendix to Part 1630- appropriate, medical information to Interpretive Guidance on Title I of the ADA § 1630.9, p. 364. The interactive process does not support the alleged disability, work 3 29 C.F.R. § 1630.2(o)(2)(1-11)(1997). have to be a long, protracted ordeal. restrictions and specific information 3 29 C.F.R § 1630.2(p)(2). on the requested accommodations.

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Effective January 1, 2012, GSBA Risk Management Services will start adjusting all property and auto physical damage claims in- house at the GSBA office. Lauren Causey, pictured above, will be the in-house claims adjuster with oversight and assistance from Lee Shaw, the senior claims consultant from Wells Fargo Insurance Services.

We will maintain the same excellent field adjustment team and approved contractors that are currently in place to respond to your losses. Vericlaim will still be assigned to visit any member with a property claim involving the peril of water, wind or fire. Belfor, Charter Restoration and Epic Response will still be available to respond 24-7 in the event of a loss.

Look for a notice with the new phone numbers and contact information to be sent in December. We will also send you revised loss reporting cards for your convenience. We look forward to taking this important step in the growth of our Fund operations. All other claims will continue to be handled by our third party administrator, Underwriters, Safety and Claims, including workers’ compensation, auto liability, general liability, crime and school leaders liability.

PAGE 5 Georgia School Boards Association Risk Management Services November 2011

Study: Bullying Negatively Impacts Test Scores By: Rich Miron, TargetSolutions

The federal No Child Left Behind Act mandates students must receive a passing grade on standardized tests to graduate from high school. Some schools are under pressure because they need at least 70 percent of the students to pass to keep their accreditation. “This study supports the case for school-wide bullying prevention programs as a step to improve school climate and facilitate academic achievement,” Cornell said. Researchers of the study said they believe academic performance suffers at institutions where bullying is more prevalent because students are distracted and You might assume being University of Virginia who co- worried about the harassment. bullied would negatively affect a authored the study. “This research Also, teachers are less effective student’s frame of mind, and as a underscores the importance of because of the need to focus on result, their academic performance. treating bullying as a school- discipline. Well, a recent study validates that wide problem rather than just an Cornell also added that he doesn’t assumption: Schools with a more individual problem.” necessarily believe bullying has intense climate of bullying score The students and teachers were increased over the years, but lower on standardized tests. asked about bullying behaviors that media attention has put a The study was presented at their schools and the results spotlight on the issue in recent in August at the 119th Annual asserted that institutions with days. American Psychological a higher level of bullying were “We have always had bullying in Association’s convention in scoring 3 to 6 percent lower on our schools,” Cornell said. “What Washington D.C. It surveyed tests in curriculum like algebra, has changed is we have become more than 7,300 ninth graders science, and history. more aware of bullying due to a and nearly 3,000 teachers from “This difference (3 to 6 series of high-profile tragic cases more than 280 schools as part of percent) is substantial because involving school shootings and an ongoing Virginia High School it affects the school’s ability to suicides. Our society does not Safety Study. meet federal requirements and permit harassment and abuse “Our study suggests that a the educational success of many of adults in the workplace, and bullying climate may play an students who don’t pass the the same protections should be important role in student-test exams,” Cornell said in a press afforded to children in school.” performance,” said Dewey Cornell, release posted on the American a professor of education at the Psychological Association’s website. PAGE 6 www.gsba.com

Did You Know? Prompt Claims Reporting Critical All member districts should be The best claim is the one that never happens. However, if an incident occurs, the first way to keep costs down is to report the claim as soon as you can after aware of the GSBA RMS safety the incident, preferably within 24 hours. Prompt reporting is an essential first step initiative with TargetSolutions. This to a well-managed risk management and workers’ compensation program. important partnership between Cost containment is one of the primary benefits of timely claims reporting, which is one of the most effective tactics a member has to reduce claims costs. GSBA RMS and TargetSolutions is The sooner a claim is reported, the sooner management of the claim can begin, providing public entities access to which is important because many variables can affect the outcome and ultimate cost of a claim. Lag time between when the injury occurred and when the claim the most cost efficient and easily was filed has been cited as a major factor impacting claim cost. accessible safety training available Once reported, GSBA will contact the member, employee or claimant and in today’s marketplace. the treating physician (in a workers’ compensation claim). This will allow an investigation to obtain details to help the adjuster identify any responsible third- TargetSolutions delivers a party, obtain information about witnesses, or suspicions of fraud. The adjuster will comprehensive risk management be able to establish rapport with the injured employee or claimant and monitor solution designed to mitigate medical care to assure quality, cost-effective medical treatment. The reasons given for not filing a report may vary, but the two most common losses and improve operational are: 1) the belief that it was not a legitimate claim, or 2) not having all of the efficiency. This web-based training information needed to report it. If you suspect the claim may be fraudulent, and records management provider report it and inform the adjuster of your reservations. Because GSBA has only 21 days to investigate a lost-time workers’ compensation claim, failure to report a is currently solving the compliance questionable claim in a timely manner may prevent GSBA from denying the claim. needs of more than 4,000 Also, the best course of action is to report as much information as you have on a claim. More details can be provided as they are received. different organizations across the country. TargetSolutions’s new Procedure to Report a Claim to GSBA: cutting-edge technology platform Risk Management Fund - To report a new property, liability or crime claim, depending upon your selected coverage with the GSBA Risk Management Fund, provides GSBA RMS members the you should notify GSBA-RMF as soon as possible after an “occurrence,” an ability to easily distribute training offense, or an alleged act that may result in a claim. To the extent possible, notice courses, monitor completions, and should include as many details as possible. Report claims as follows: report compliance. 1. Liability (including auto, general liability and SBLL) and crime claims - Report on-line at htps://tpaservices.uscky.com - Contact Scott O’Brien at 1-888- This valuable program has 245-4722 for assistance in setting up this capability. Email to (sobrien@ been purchased on behalf of all uscky.com & [email protected]). Fax to GSBA RMF Claims Services at (678- GSBA RMS member districts so 376-0056). 2. Property Claims - Please see the article on page 5 in this edition regarding if your school district is a GSBA the GSBA in-house property claims program. If you have any questions, please RMS member and not utilizing the contact your Member Advocate. TargetSafety online safety program, Workers’ Compensation Fund - If an employee of your school district reports please contact your Member and/or complains of a job related injury, regardless of the severity or nature of the injury, you should: Advocate today to get started. For 1. Report on-line at htps://tpaservices.uscky.com - Contact Scott O’Brien at nonmember districts, please 1-888-245-4722 for assistance in setting up this capability. contact GSBA RMS to find out Complete a WC1 report and email to ([email protected] & [email protected]) how you can become a member. Complete a WC1 report and fax to GSBA WCF Claims Service at (678-376-0056). Please contact us if you have any questions regarding claim reporting.

PAGE 7 Georgia School Boards Association Risk Management Services November 2011

Frozen Pipe Prevention and Welcome to Maintenance Our Three New

As winter approaches, begin taking precautions to protect your Trustee’s school buildings from the elements. As the temperature drops, frozen pipes can become an issue, especially in north Georgia school districts. The Funds have three new Trustees The best way to avoid this is with a small amount of preparation and to fill vacancies on the Risk preventative maintenance. Management Fund and Workers’ The most important thing to know before the cold hits is where the Compensation Fund Board of shutoff valve is and how to use it. If you know how to shut off the water, Trustees. you can prevent severe flooding and damage that is a result of bursting Two new trustees pipes. Make sure there is someone at each school who knows how to for the Risk shut off the water. Management If no flooding has occurred, but your faucet is only trickling water Fund are Dr. or there is no water at all, make sure the water valve is on. If it is on, it Jeff Bearden, may mean that a pipe is frozen. Once the portion of the frozen pipe is superintendent located, use a portable space heater to thaw it, or wrap the pipes with of Fayette

BEARDEN towels soaked in hot water. (Do not use a blowtorch, kerosene, propane County School heater, or any open flame device.) While defrosting the pipe, keep the District and faucet open. As you treat the frozen pipe and the area begins to melt, Regina Buccafusco, board chair water will begin to flow through the area, helping to melt more ice. of the Columbia County Board of If you experience any type of property damage or emergency, the Education. GSBA Risk Management Fund uses three approved contractors who can Dr. Bearden was respond to property claims: Belfor, Inc., Charter Restoration, and Epic appointed to Response. You may call them directly if you feel you need assistance. fill the vacancy left upon the retirement of Superintendent

BUCCAFUSCO Lynda White. Ms. Buccafusco is filling the seat vacated by Mildred Educate - Unite - Protect Blackburn, who retired from the Call for assistance with property Columbia damage or emergency: Board and the RMF Board of Belfor, Inc. Trustees last Jack Keheley year. 770-939-0128 Brett Stanton, Charter Restoration superintendent of Haralson

Bart Barton STANTON 678-490-6261 County Schools was appointed to the Workers’ Epic Response Compensation Board of Trustees Anthony Masciello to fill the seat vacated by Dr. Paul 877-277-4647 Shaw, who also retired.

PAGE 8 www.gsba.com GSBA RMS 2011 Annual Member Meeting is Largest in History of Funds Special Session at GSBA/GSSA Conference Explores Having a Safety Culture

David Colvard, executive director of school safety and athletics for the Paulding County School District, will present “Creating and Maintaining A Safety Culture in Your School District.” In the session, he will describe what it means to have The GSBA RMS Annual Membership meeting was held on November 3 in and maintain a safety culture Macon. About 60 members were in attendance representing both funds and all in a school district. Mr. Colvard areas of the state. This was the largest membership turnout in the history of will explain how his district has the funds. The meeting kicked off with a presentation from Kelly Zielinski with developed and implemented TargetSolutions. effective programs and practices GSBA RMS contracted with Target Solutions in this year to bring a state- to make safety everyone’s of-the-art online training tool to all members of the funds. This web-based responsibility. He will provide examples and share activities of program has been greeted with an overwhelming positive response from fund how he communicates safety in members. According to several superintendents who were present. the new tool Paulding County. is very accessible and effective. Also at the conference, Always a crowd pleaser, Phil Hartley of Harben, Hartley and Hawkins which is December 2-3 at the provided a legal update with a special focus on bullying and how the law Renaissance Waverly Hotel in now defines bullying in schools. Bullying continues to be a hot topic as the Atlanta, the GSBA RMS staff will definition and the law governing bullying continually evolves. Much of the unveil a new exhibit booth. The presentation focused on bullying and how it applies to social media and booth is part of a continuing technology. effort to communicate the Dr. Ricky Brantley, member advocate; John Shore, GSBA RMS assistant unique service GSBA RMS offers director; and Lee Shaw, a Wells Fargo property consultant, kicked off the school districts in Georgia. afternoon sessions with a presentation on the importance of having a crisis Among the highlights of the plan. They reported on a presentation by Superintendent Denia Reese of communications effort are life- Catoosa County at a meeting earlier in the month. At that meeting, she sized signs of three members of shared her experience when a tornado hit Catoosa County causing significant the funds who believe strongly damage to the high school. She also talked about the importance of reviewing in the effectiveness and benefits and understanding insurance policies and making sure school districts are of membership. Thanks goes to adequately protected. Eric Keese of Clarke County, Toni After reporting on Superintendent Reese’s presentation, Dr. Brantley, Williams of Wayne County and Mr. Shore and Mr. Shaw discussed the comprehensibility and clarity of the Brett Stanton of Haralson County GSBA property coverage and how it compares to those policies found in the for providing compelling reasons traditional marketplace. that others should consider The meeting concluded with a forum on what members would like to joining the funds. see from the Funds in the future and how the Funds can assist with school districts ongoing challenges. GSBA RMS Director Trudy Sowar wrapped up with giving out $500 in door prizes.

PAGE 9 Georgia School Boards Association Risk Management Services November 2011

Teachers Use Defibrillator Device (AED) to Save Student’s Life

By Michael Inbar TODAY.com contributor October, 10, 2011

A Dallas-area seventh-grader survived a literally heart-stopping crisis virtually unscathed thanks to two quick-thinking, well-trained schoolteachers. Kristen Goodgion and Brent Reese, teachers at Maus Middle School in Frisco, Texas, rushed within seconds to the aid of 12-year-old Kylee Shea after she crumpled in a school hallway Sept. 26. While Reese performed CPR, Goodgion fetched the school’s automatic external defibrillator (AED). They used the machine’s paddles to kick-start Kylee’s heart in a dramatic rescue caught on the school’s surveillance cameras. Doctors estimate that without the rapid response of Goodgion and Reese and the use of the AED, Kylee would have had just a 3 percent chance of surviving her episode of heart arrhythmia, and only a 1 percent chance of surviving without brain damage. Goodgion and Reese are now being hailed as heroes. Appearing on the TODAY (TV Show) with Kylee Emergency personnel arrived and her family, Goodgion told Matt Lauer she knows firsthand the benefits and Kylee was airlifted to a local of the school having its teachers trained in CPR and use of the AED. “(It’s) hospital. Doctors determined the extremely important,” she said. “We get trained every two years, and that 12-year-old had an undetected heart literally is what we fell back on. It kept us calm; we had something to (fall) condition, and she was implanted back on, to know what to do.” with a pacemaker. Kylee had no prior history of heart trouble, but was walking to class Grateful mom Sheryl Shea told when she felt short of breath. “I sat down, then I fell over, and I don’t Lauer she believes that rule (every remember anything after that,” she told NBC’s Lilia Luciano. Goodgion, school having an AED) should be nearby, was alerted by alarmed students. Within seconds, Kylee began universal. “I think it should be a convulsing and turning blue. “Right away, I knew I had to go get help,” nationwide mandate,” she said. “I Goodgion told NBC News. Reese arrived on the scene just moments later. He think every state should be required told Lauer while Kylee’s heart had stopped, his was racing. to have these in schools and public “When I saw Kylee on the floor, just a million things are going through places.” (my) head,” he said. “You just kind of go into shell shock, and you kind of Goodgion and Reese say they just reboot and we went back to the training.” now feel a special bond with Kylee Goodgion arrived at Kylee’s side with the AED. While the teachers were — Reese jokes that Kylee, as she trained in its use, actually deploying the paddles on a living subject was a grows older, won’t be allowed to new experience. They hooked the AED up to Kylee and it began reading her date without his permission. Lauer vital signs. “It told us to shock, and we both looked at each other in shock, suggested that every school should like, ‘This is really what we need to do right now?’ ” Goodgion recalled. be required to have Reese and Reese was only too aware that if Kylee’s heart was actually still beating, Goodgion as well an AED. Kylee’s the shock paddles could do just the opposite of their intent — kill her. dad, Mike Shea, reached across “In the video, I reach out to touch the (shock) button, and I pull back just a to pat the hands of his daughter’s little bit, thinking those exact thoughts,” he told Lauer. saviors. “They’re stuck with us, (but) None-the-less, the pair shocked Kylee’s heart. After a second attempt, the thank you!” procedure appeared to work, with the AED reading “no shock required.” “She started groaning and we’re still thinking, ‘Did we do this right?’ ” © 2011 MSNBC Interactive. Goodgion said. “(But) it worked.”

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