Board Report August 2024
Describes activities of the District to avoid those risks and to respond if incidents occur, including staff responsibility for each activity. Documents where insurance coverage can be used to protect against liability exposure. Sets forth allowable costs and funding mechanisms necessary for the program. Provides a way to evaluate implementation and success of the program and to make changes to improve it based on that review. The Plan may not include every risk management or safety initiative the District engages in; again, this is a continuous process that continually monitors the situation and activities cannot always be anticipated in advance. It does not include normal job duties related to general safety concerns and common sense behaviors of staff. Development and implementation of the Plan is the responsibility primarily of the Superintendent. However, all employees should be aware of the Plan and are responsible to avoid and report risks, to understand the risk management process, and to ensure success of the Plan. The District operates in a heavily regulated arena and must comply with a great many federal, state and local laws, regulations and other requirements. Many of these provide for damages and penalties if they are violated. Risk management is a process to identify and analyze potential exposure, identify a method to mitigate or respond to each exposure, implement the chosen methods, and evaluate the results to see if changes are appropriate. Specifically, the Illinois Local Government and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et seq.) (Act) defines "Injury" broadly as death, injury to a person, or damage to or loss of property. It includes any other injury that a person may suffer to his person, reputation, character or estate which does not result from circumstances in which a privilege is otherwise conferred by law and which is of such a nature that it would be actionable if inflicted by a private person. "Injury" includes any injury alleged in a civil action, whether based upon the Constitution of the United States or the Constitution of the State of Illinois, and the statutes or common law of Illinois or of the United States. Section 9-107 of the Act provides that a school district may levy a tax to fund the following risk management activities: i. Pay the cost of insurance, individual or joint self-insurance (including reserves thereon), including all operating and administrative costs and expenses directly associated therewith; claims services and risk management directly attributable to loss prevention and loss reduction; legal services directly attributable to the insurance, self-insurance, or joint self-insurance program; educational, inspectional, and supervisory services directly relating to loss prevention and loss reduction; participation in a reciprocal insurer as provided in Sections 72, 76 and 81 of the Illinois Insurance Code, or participation in a reciprocal insurer; and settlements or judgments under Section 9-102, including all costs STATUTORY CONTEXT
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