Liability
Even with every possible prevention measure taken, accidents can and do happen. This is why insurance is important. No one counts on an accident happening, but having proper insurance coverage indicates that a potential negative outcome has been considered in the planning of WBL opportunities.
In most paid employment situations, a student is “covered” by Workers’ Comprehensive Insurance. In situations when “Workers’ Comp” is not in place it is imperative that school personnel clearly identify the situation and articulate in writing, agreed by the “employer”, the student and parents. In situations where a WBL experience meets the definition of unpaid training, no “Workers’ Comp” is in place and school personnel must ensure that both accident and liability insurances are in place for the protection of the school, student and employer/organization.
In most paid employment situations, a student is “covered” by Workers’ Comprehensive Insurance. In situations when “Workers’ Comp” is not in place it is imperative that school personnel clearly identify the situation and articulate in writing, agreed by the “employer”, the student and parents. In situations where a WBL experience meets the definition of unpaid training, no “Workers’ Comp” is in place and school personnel must ensure that both accident and liability insurances are in place for the protection of the school, student and employer/organization.
General Liability InsuranceWashington Northeast Supervisory Union has appropriate general liability insurance for WBL experiences through the Vermont School Boards Insurance Trust. The VSBIT WBL insurance includes:
Other Insurance ConsiderationslFAMILY MEDICAL INSURANCE: Family medical insurance policies, can be helpful for students in WBL experience but note that they may or may not cover a student while he/she is engaged in school activities and it may or may not cover accidents. As well, it is may not be as reliable as the school's general liability insurance. When setting up a WBL experience verify whether or not a student is covered by medical insurance and if the policy covers accidents.
SLOTS: This type of insurance provides basic accident coverage for students while engaged in WBL experiences that are non-paid. Many students can be rotated through each slot given that only one student is using it at a time. Twinfield needs only to purchase enough slots to cover the maximum number of students out on an unpaid WBL experience at a time. With this insurance in place, the existence of a family medical or voluntary accident policy for a student is not as crucial. COMMERCIAL GENERAL LIABILITY INSURANCE: When a work-based learning activity involves a business or a site off school grounds, verify that the site has commercial general liability insurance. The employer should verify that its policy will cover them when hosting students. |
Workers' CompensationWorkers’ Compensation insurance is mandatory for all Vermont employers (with very limited exemptions).
Workers’ Compensation may cover:
Currently in Vermont, workers’ compensation coverage for the student is the responsibility of the employer. It is illegal according to both state and federal law to have a paid employee who is not covered by workers’ compensation insurance. Before placing a student in a paid employment position verify that the employer has workers’ compensation insurance, or that the student has such coverage through the school or other party specifically for that position. In situations where a student is employed, ensure that Workers’ Compensation is in place. Ask employers explicitly and include statements of such coverage in a formal placement agreement and training plan. In situations where a student’s employer may be exempt from Workers Compensation take special precaution to ensure that the information is correct and that other accident insurance is in place for the student. Do not place any students into a paid work position if the employer does not or will not cover the student with workers’ compensation insurance. Link to the Workers’ Compensation & Safety Division of the Vermont Department of Labor ConfidentialityConfidentiality in a work-based learning experience is a two-way street. An employer or potential employer may ask questions regarding a student. Students in a worksite may also be privy to confidential information regarding the employer or the business’ customers.
When working with students in work-based learning sites, schools can release student information such as classes taken, skills, and grades to employers on a need to know basis. You may provide directory-type information. Information which does not fall under the directory-type of information is considered to be confidential information (Source: Family Educational Rights and Privacy Act Regulations (FERPA) 34CFR§99.1). All confidential information, including a student’s social security number, can be shared only with the signed permission of the student (age 18 and over) or the student’s parent/guardian (under age 18). It is a good idea to have a student and/or their parent/guardian sign an information release form before making a work-based learning placement. The information release statement may also be contained in the training contract. Employers may also be concerned that a student in a work-based learning experience will share confidential information regarding the employer’s business or it’s customers with those outside of the worksite. Explain to the student the importance of confidential information and what the employer’s rules are regarding information. A student may be asked by the employer to sign a form stating that they understand the rules, and that they will keep such information confidential. Some students may be engaged in a hospital or other healthcare setting. In this case, confidential employer information may also be confidential patient information. While students do not have a “need to know” information from patient charts and files, they may become privy to confidential patient information that is protected by the Health Insurance Privacy and Portability Act (HIPPA). This would be the employer’s responsibility to ensure students are properly trained to protect confidential patient information they may come into contact with. |
Transportation InsuranceTransportation of WBL students is a complex insurance issue. Transporting students in a school bus is probably the safest situation, but a school bus is not always practical when working with one or just a few students. When using a bus, make sure you follow all our school procedures and protocols, such as permission slips.Twinfield has general liability policies that provide secondary liability insurance for employees who transport students, as required by Vermont statute (Source: 16 VSA §1756 (b)). This means that the adult’s personal auto insurance will pay first and the school policy will pay second. If the adult’s policy will not cover the situation, the school’s policy generally then becomes the primary policy.
IMPORTANT NOTE: Vermont Regulations ~ 23 V.S.A. § 4(34)(A)(iv) (34)(A) "School bus" means any motor vehicle used to transport children to or from school or in connection with school activities, except: (see full version for I,ii & iii and iv) (iv) Motor vehicles with a manufacturer's rated seating capacity of fewer than 11 persons… unless the driver is a school employee or a volunteer subject to a criminal background check and is transporting no more than five persons excluding the operator; provided that the vehicle has safety belts for all persons being transported. TRANSPORTATION SITUATIONS and FORMS TO CONSIDER: 1. Adults and teachers transporting students: At Twinfield, adults transporting students must not only have their license and insurance cards registered in the main office, but they must have background checks. When a teacher or adult is driving a student, the minimally:
2. Student driving himself/herself: If a student drives him/herself to a work-based learning site, a transportation agreement must include parental permission to drive, including:
students is discouraged as being a very risky situation. However, if you choose to let students drive one another to a work-based learning site, prepare a transportation agreement to include the following: • Parental permission to drive, including:
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