Kretzmer

SISIC

EL= INSURED SCHOOLS OF CA. IFORNIA

Schools

Helping
Schools

SCHOOL SITE CREATIVITY

ASSOCIATION OF

CALIFORNIA SCHOOL
ADMINISTRATORS

NOVEMBER 81 2013

Robert J. Kretzmer, Director, SISC II
Self- Insured Schools of California

2000 K Street, Bakersfield, CA 93301
PO Box 1847, Bakersfield CA 93303- 1847
661- 636- 4708

SISC 1 1

PROPERTY & LIABILITY

SELF- INSURED SCHOOLS OF CALIFORNIA
Schools

Helping
November 8, 2013

Schools

Association of California School Administrators
1029 J Street, Suite 500

Sacramento, CA 95814
RE:

School Site Creativity and Why Fire Eating Contests Are Not Allowed at Back
to School Nights

Dear Attendees,

Thank you for allowing me to speak with you today.

The challenges faced by school districts throughout the State of California are complex
and varied. This morning' s presentation is designed to provide you with information that
may be helpful in assessing potential liability exposures that may confront you in the
future. The documents contained in this booklet represent the efforts of many
individuals within Self-Insured Schools of California ( SISC) over the years and provide

insight into how we as an organization approach some of the safety and loss issues
confronted by our member districts.
In the event you have comments or questions regarding SISC, please do not hesitate to
contact

Nick Kouklis, Chief Executive Officer,

at

661- 636- 4688. Thank you again for

your attendance today.

Very truly yours,

Robert J. Kretzmer
Director, SISC 11

RJK: sh

P. 0. Box 1847
2000 K StreetA Joint Powers

Authority

Larry

E. Reider Education Center

administered

by

the

Kern

County

Bakersfield, CA 93303- 1847 •

Bakersfield, CA 93301 (

Superintendent

of

661) 636- 4495 •

http:// sisc. kern. org/pl/
FAX( 66/)

636- 4418

Schools Office, Christine Lizardi Frazier, Superintendent

November 8, 2013

Table of Contents

1.

Animals in Schools

Partnering with a local veterinarian can help ensure proper animal selection as well as ensure the
health of the animal."

2.

Bleacher Inspections

The Consumer Product Safety Commission ( CPSC) recommends guardrails be present on the
backs and portions of the open ends of bleachers where footboard, seat board, or aisle is 30
inches or more above the floor or ground below."
3.

Interactive Process

The employer must engage in the interactive process even if the employee does not request an
accommodation.

If the employer has a reason to believe that an employee might require an

accommodation, the employer should initiate the interactive process."

4.

Hazardous Recreational Activities

The California Government Code Section 831. 7 gives public entities statutory immunity for
injuries arising out of participation in a hazardous recreational activity."
5.

Holiday Safety
teachers

often

decorate their

rooms

with

festive themes for the holiday

season.

The

abundance of paper decorations can present a serious fire hazard."

6.

Laboratory/ Science Class Safety

Discontinue the practice of ' attention getting' demonstrations that involve an uncontrollable
release of energy, or heat, or cause an unpredictable, unmeasurable reaction."
7.

Maintainin g Safe Playgrounds
Pla
rounds

The National Playground Safety Institute ( NPSI) has identified twelve of the leading causes of
injury

on playgrounds."

ACSA
November 8, 2013
Page 2

8.

Mold Update

Indoor dampness and mold ( fungal growth) are common problems in California and worldwide.

To date, no clear state or federal policy has been issued on how to assess the health risks that
dampness

and

mold

pose

to

building

occupants."

September 2011 "

Statement on Building

Dampness, Mold, and Health" from the California Department of Public Health.
9.

Public Records Act Request

Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the
request, determine whether the request, in whole or in part, seeks copies of disclosable public

records in the possession of the agency and shall promptly notify the person making the request
of

10.

the determination and the

reasons

therefore."

Government Code Section 6253( c).

School Environments

Display materials must also be located four feet from room exits and corners and nothing should
be located overhead or hanging from the ceiling."
11.

Statement of Facts: Current Filing with the Secretary of State
A failure to maintain current information could result in loss of the protections of the Tort Claims
Act."

12.

Student Fees

School districts and schools shall not establish a two-tier educational system by requiring a
minimal educational standard and also offering a second, higher educational standard that pupils

may obtain through payment of a fee or purchase of additional supplies that the school district or
school

13.

does

not provide."

Education Code Section 49011( b)( 3).

The Tort Claim

Public entities need to be on the lookout for any written documentation which might constitute a
claim as presented."'

14.

Transporting Students

Every effort should be made to put a school bus driver behind the wheel of a vehicle that is
transporting students. Licensed school bus drivers are subject to ongoing training and education
that helps to make them the safest drivers on the road."

Addendum

1.

2.

Glossary of Terms
What I' ve Learned: by Andy Rooney

RJK

11/ 08/ 2013


& LIABILITY UPDATE

PROPERTY

OCTOBER 15, 2012

ADVISORY REGARDING ANIMALS IN SCHOOLS

life

tives of

by

instruction.

the

classroom

develop

to

skills

interrelationships,

the

unity,
complexity of life."
just like animals.

Only

handlers

should

disease

transmission.

Several sources

have listed the following animals as
unacceptable for the classroom:

be allowed to bring animals onto campus

to

for viewing/ demonstration.

administrative

approval,

Prior

all animals

Poisonous

animals

spiders,

(

snakes, venomous insects).

handlers should be able to produce the
Wild,

following:

non-

domestic,

animals

especially those at high risk for
A

appreciation

an

and

stewardship,

of

animal

professional"

following

met.

are

conditions

"

if the

acceptable

sense

a

comparison,

and

observation

for

in

animals

are not pro-

of

modes

students

enables

that

processes

other

Studying

of

or-

give students unique perspec-

ganisms

vided

living

with

experimentation

is

practice

Association, " Observation

Teachers
and

Science

National

the

to

According

and

the

covers

Beyond that, kids

district

the

insurance

of

certificate

handler
as

an

that

names

and

additional

in-

armadillos

rabies;

implicated

in

have

Hansen

been

disease;

Salmonella in hedgehogs; tuber-

culosis in brushy- tailed opos-

sured.

sums; Hantavirus and leptospiThe

information is

following

guidance

provide

trators as

the

into

animals

of

prior

all

rosis in wild rodents).

incidents/ injuries involving animal

pro-

school

list/ description

A

adminis-

incorporating

consider

they

of

use

district

to

to

meant

viewing

and

or certification

demonstration

that no

such

inci-

grams.

A list

wolf and dog).

dents/ injuries have occurred.

Animals On Campus

Wolf-hybrids ( crosses between

Districts
tice

pose

prevent

bringing

risk

unknown

an

prac-

priate

dis-

of

scratching, and/ or biting injury.
There have been several reports of

injury

to

to

follow

students,

to

in-

student

behavior

and

ap-

SISC

to individuals in

districts from incidents
instructor'

s

the

school

also

be

that

pet

that

personally liable in
injures

an

his

the

brought

to

should

might

be held

they
the

event

their

g
her

to

bring

is
a

safe,
pet

risks outweigh

or a student

for

the

class

may

viewing,

benefit in

most

have

Schools

often

animal

handlers

viewing

and/

or

outside vendors

bring
g

nimals

demonstration.

or

for
Such

and

campylo-

The following section outlines the
animals

that

are

inappropriate

to

house in schools and may also be used
as guidance for evaluating animal

viewing/ demonstrations brought onto
seheol.

campus.

Schools
sdWo

Animals Housed On Campus
Although
rooms

in the

is

housing

animals

in

popular, care should

be

selection of such animals

2000 K Street
class-

Bakersfield CA 93301

taken

as well

PO Box 1847
Bakersfield CA 93303- 1847

as the ongoing maintenance and hanPhone: 661- 636- 4604

dung.

cases.

Baby ducks and chicks ( high risk
bacteriosis).

pet

damages property.
instructor
may feel that
y

pet

want

was

an

someone or

Although
or

involving

Instructors

site.

aware

member

year of age).

of Salmonellosis

propriate participant age.

ease,

injury

Stray animals ( dogs and cats—
particularly those less than one

cluding a description of appro-

Such

campus.

onto

pets

the

teachers

or

students

of

household
pets"

discourage

should

of precautions

Some

Fax: 661- 636- 4418
animals

are

not

appropriate

HTTP://

S[ SC. KERN. ORG/

choices to house on campus because of
the

potential

risk

of

injury

and/

or

SCHOOLS HELPING SCHOOLS

PL

Aggressive

animals ( an

playing

unprovoked

behavior

should

the

be

dis-

animal

priate

threatening
from

removed

the

Other

birds,

onto campus

include:

supplier

effort

monella,
reason

have

animal

be

should

before

made

If you have any questions or would like
additional

information,

please

to minimize

have

schools

many

in the

opted

ringworm.

Limited

your SISC II Safety representative at

By: Safety and Loss Control

student

handling also reduces the risk of bites

this

For

turtles.

especially

and

and/ or

to

not

allergic

reactions/ aggravations.

Students should not be

charged with

cleaning pens and/ or cages unless they

classroom.

are closely supervised, gloves are worn,
The "

safest"

handled

and

pose

and

to

are
are

disease

and strict procedures are followed. This

in

an appropriate

activity significantly increases the risk of

the

to

to

Hamsters

children

None

preferable.

of

tions if not controlled properly.

with

These

gerbils,

and

the

so

disease transmission and allergic reac-

mammals

transmission.

be biters

known

small

hamsters,

mice,

rabbits.

known

those that are

least threat

the

include

are

exhibited

Clearly,

manner.

regard

animals

Although it is common for students to

rats,

gerbils

take class animals home during week-

are

other

these

ends or over school breaks, such prac-

species
species

to transmit rabies to

tices should be carefully planned and

humans.

controlled.

Written

acknowledgement

health

the

feasible,

Whenever

brought into the
cleared

by

the class.
tion

In

campus

given

advance to sending the animal home
with the student.

animal.

that

and

student' s

Also, explicit written procedures outlin-

are

be

ing how to properly care for the animal

before entering

should accompany the animal to the stu-

classroom

addition,

be

the

animals

a veterinarian

should

animals

of

the

parent or guardian should be obtained in

Partnering with a local veterinarian can
help ensure proper animal selection as
well as ensure

permission

from

strong

should

dent'

home.

If there is any questions
regarding the animal' s health or safety,

considera-

to

allowing only
bred in captivity to be housed on
due to the wide variety of dis-

s

the instructor should not send the ani-

mal to the student' s home.

eases carried by" wild" animals. Animals
must have current vaccinations appro-

LIABILTY
ROBERT KRETZMER

ELSA LAR

CAROL RAY

HILDA TABORA

DIRECTOR

CLAIMS EXAMINER 11

CLAIMS EXAMINER 11

661. 636. 4709

661. 636. 4' 736

661.636.4871

CLAIMS EXAMINER 1
661.636.4206

ellara@kern.

Garay @kern. org

hitabora@kern. org

rokretzmer @kern.

org

org

RYAN BOURGET

DUNCAN LOW

TIM RIDLEY

TY TAYLOR

ADJUSTER 1

COORDIN

TOR

661. 636. 4606
rybourget @kern.
org

661. 636. 4
dulow @ke

63

SAFETY SPECIALIST
661. 636. 4376
tiridley @kern. org

ADJUSTER 11
661. 636. 4601

n.

org

tytaylor @kern. org

ROXANN DAILEY- WEBB

LILIA MO kENTIN

RANDYE ROGERS

PAT TUMBARELLO

ADJUSTER 1
661. 636. 4848

ADMIN. SECRETARY
661. 636. 4- 95

SAFETY SPECIALIST

ADJUSTER 11
805. 929. 5950

rodailey @kern. org

kern. org
limorentin@)

SANDI HARVILLE
SECRETARY 11

SABRINA

661.636.4604
saharville @kern.
org

AOTEN
CLAIMS AS' ISTANT
661. 636. 4'

661. 636. 4607
rarogers @kern.
org

patumbarello @kern. org

org

JOE SINGLETARY
SAFETY SPECIALIST

VALARIE WAGNER
LEAD CLAIMS EXAMINER

661. 636.4605

714

samoten@lern.

contact

661) 636- 4604.

to the class.

sal-

for carrying

notorious

reptiles

veterinarian

by

the risk of transmission of disease, bacteria,

are

a

a cer-

obtained

elementary classes, in order to reduce

or

skunks.

Reptiles

or

possible

be

should

student handling of animals, especially in

wild

bats

turtles,

snapping

An

be

that should not

animals

brought

health

of

introducing the

classroom).

If

to the species.

tificate

661. 636. 4694
vawagner @kern.
org

josingletary @kern. org


& LIABILITY UPDATE

PROPERTY

SEPTEMBER 1, 2012

BLEACHER INSPECTIONS
As

begins districts

school

cupy facilities
have been unused
Before

mer.

are placed

ment

trict

they

such

that

facilities

and/ or

for their intended

may

equipdis-

All

1.

any broken

without

be

climbing, the widest measurement

missing

of the opening where the foot

should

members

structural

intact

or

could rest should be limited to a

components.

2.

All

welds

breaks,

ensure

3.

use.

that could provide a foothold for

Outdoor Bleachers

sum-

the

service,

inspections to

should conduct

are safe

the

throughout

back in

to oc-

prepare

or use equipment

should

be free

of

flaws,

and

areas

seating

should

be properly secured and free from
One
and

to

of concern

area

bleachers

outdoor

if

users

tained and in
tricts

proper

be

should

when

inspecting

Dis-

order.

following

the

of

repairing

risk

a

or

should

to

tested

to the

they

ensure

Motors

properly.

smoothly

are

without

bind

any

Floor

unit.

be

operating
run

should

stress

or

be kept

areas must

effect should be avoided.

3. Where visibility would not be sigbers.

Guardrails

The Consumer Product

ends

open

motorized components

Open-

Commis-

Safety

See guardrail diagram on page 2

sion ( CPSC) recommends guardrails be

bleachers:

Indoor Bleachers

All

1. 75 inches.

nificantly impaired, use solid mem-

bolts.

present on

1.

and exposed screws

splinters,

cracks,

main-

properly

working

aware

and

present

can

not

are

they

Indoor

is bleachers.

of

ing patterns that provide a ladder

or separations.

Foot boards

maximum

board,

the backs
of

seatboard,

of

and portions

bleachers

or aisle

the

foot-

the

where

is 30 inches

or

Please contact your SISC Safety Specialist at ( 661) 636- 4604 if you have any
questions.

more above the floor or ground below.
Bleachers

with the

top


nominally 30

row

inches above the ground may be exempt
from this recommendation.

clear of debris and/ or obstructions to
the

ensure

operate

assemblies

prop-

2.

Manual

be

raised

and

while

All

to

help

in the

components

5.

be properly

be in

guardrail height, the guardrail is not necfree

cracks,
or

rolling

splinters,

bolts.

essary if

from

sphere

fails

i

to

t

any

guardrail or under the guardrail should
prevent passage of a

4- inch

200e

sphere.

should

free from

K Street

Bakersfield
ld

or miss-

areas

and

4- inch diameter

pass between the bleachers and the wall.

discourage

To

seating

a

Any opening between components of the
be in

should

free

secured

or

When

should

members

and

seatboard,

adjacent.

is at least as high as the recommended

components.

Foot boards

is

bleachers are used adjacent to a wall that

breaks, bends, irregularities,

ing

whichever

aisle,

the

prohibit

condition,

edge of the footboard,

com-

that

and

extended position.

structural

good

be

lowered

pletely and smoothly.
The brake mechanism
place

4.

the

working properly

unit can

3.

ensure

all

also

should

mechanisms

tested to
are

The top surface of the guardrail should

be at least 42 inches above the leading

erly.

climbing

on

guardrails,

guardrails should be designed in one of
three

93301

PO Box 1

Phone: 661- 636- 4604

ways:

Fax: 661- 636- 4418

and exposed screws

1.

Use only

vertical members as

in- fill

between the top and bottom rails.
2.

If

there

are

opening in

the

in- fill

HTTP://

SISC. KERN. ORG/


PL

Guardrail are shown in dashed lines.

I

Retrofitted members to close openings are shown in solid black.

t

ti
o
top rgil

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11
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42'

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lowest surface,
in this case the

j
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that

is 30" or

more

above ground

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third seatboard,

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a fall of 30 inches or more.

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riser

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30"

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bottom

30"

rail

of guardrail

footboard
i

ROBERT KRETZMER

ELSA LARA

CAROL RAY

HILDA TABORA

DIRECTOR

CLAIMS EXAMINER 11

CLAIMS EXAMINER 11

CLAIMS EXAMINER 1

661. 636. 4709

661. 636. 4736

661.636.4871

661.636.4206

caray @kern. org

hitabora@kern. org

rokretzmer

@kern. org

ellara

@kern. org

RYAN BOURGET

DUNCAN LOW

TIM RIDLEY

Ty TAYLOR

ADJUSTER 1

COORDINATOR

SAFETY SPECIALIST

661. 636. 4606

661. 636. 4863

661. 636. 4376
tiridley @kern. org

ADJUSTER II
661. 636. 4601

rybourget

@kern. org

dulow @kern. org

tytaylor@kern. org

ROXANN DAILEY- WEBB

LIL1A MORENTIN

RANDYE ROGERS

PAT TUMBARELLO

ADJUSTER I

ADMIN. SECRETARY

SAFETY SPECIALIST

ADJUSTER II

661. 636. 4848
rodailey @kern. org

661. 636. 4495
limorentin @kern. org

661. 636. 4607
rarogers @kern.
org

805. 929.5950

SANDI HARVILLE

SABRINA MOTEN

SECRETARY Il
661.636.4604

CLAIMS ASSISTANT

SAFETY SPECIALIST


661. 636. 4414

661. 636. 4605

661. 636. 4694

saharville@kern.

org

samoten

@kern. org

OE

SINGLETARY

s

VALARIE WAGNER

vawagner

@kern. org


& LIABILITY UPDATE

PROPERTY

OCTOBER 17, 2012

HAZARDOUS RECREATIONAL ACTIVITIES
ties

Background
A hazardous

recreational

activity

is de-

fined in Government Code 831. 7 § ( b) (
recreational

as "...
on

of

property

creates

a

from

minor,

a

risk of

a

to

Y

entity
distinguished

as

trivial,

insignificant

or

Pant or a specsP

a participant

although

many

P. E.

tional

trav-

activities,

traditional sports programs

general,

involve

or

contact),

Activities that
code

are

listed specifically in

Should
of

these

tion

District

a

very careful considerabefore proceeding.

activities,

be

should

to engage in one

choose

Safety

and

given

Loss Control Specialist before

addition, it
the

trian

riding (

including

eques-

competition) .

Bicycle

Mountain

or

Sec-

VIII in the Memorandum).

of

see

school

on

school

of

the

immunity— sports

physical

education

Code

Education

44808

provides

immunity to school districts for injuries
school

off

occurring

Code

Education

35330 (

property.

field trip)

provides school districts with immunity
for injuries arising out of a field trip or
excursion.

Although

the

above

code

sections

outline immunity that school districts

motorcycling or
driving of any kind.

four-

that can undermine

The California Government Code 831. 7 §

immunity. Such issues include:
Y

for injuries arising

nor

entity

Orienteering.

any

a

in

out of participation

recreational

public

activity.

employee

person who participates

in

a

a

public

sponsored activity.
•

is liable to
a

hazardous

activity... for any damage

Rock climbing.

recreational

Racketeering.

injury

Rodeo Activities.

Whether

the

district

transports

students to and from the activity.
•

district

assumes

responsibility for the
during the activity.

students

Whether

the

of that hazardous recreational activity."

to

limit

Sky diving.

this

there

persons

or

property

However,

Spelunking.

are

or

out

arising

circumstances

immunity;

that
it

is

protect

its

therefore,

important for the District to

Sport parachuting.

interest.

which

that

it is

there

sports (

i.

e.,

sports

in

contact with one

The intent of the code and attending cases
appear

reasonably foreseeable
be rough bodily
will
or

the

clear,

immunity

recreational

activity

more partici-

public

entity'

question

have

Please keep in mind that this information
only. It is

not meant

to

cover activi-

is

afforded

s

premises.

whether

immunity

activity.

1

2000 K Street

when someone voluntarily engages in a
hazardous

pants).

pertains to hazardous recreational activi-

X
sawa.

Surfing.
Paragliding.
Body contact

that

Whether an activity is a school-

•

This im-

that, " Neither

provides

munity
shooting.

or eliminate

a) give public entities statutory immunity
hazardous

Orienteering.
and rifle

classes,

etc.

Immunity

Off-road

ties

or

conducted

have available, there are many issues

Cross- country racing.

Pistol

Coverage (

Memorandum

jumping.

bicycling.

Boating.

wheel

do not qualify for Student Accident Coverage contained within

tion

racing

position

that these activities

the

Archery.

sponsored

events

scope

activities,

must

Animal

school

supervised

the

programs.

engaging in any activity. In
be noted that SISC takes

include:

Further,

property have been held to fall outside

tradi-

SISC strongly recommends that the member district consult with their assigned

tator."

the

eling in

which

public

substantial,

in

conducted

activity

field trip

such as regular

or

for

not
an

a

on

There
district

the

is

a

would

off-premises

PO Box 1847

Phone: 661- 636-4

Fax: 661- 636- 4418

club

HTTP://

SISC. KERN. ORG/


PL

Whether

known

a

is

condition

dangerous
or

guarded

warning

hazardous

have

given.

All of these issues serve as measures that

not carefully crafted and properly imple-

to

mented, a waiver may provide no protec-

is

not

after- hours

avoid

of

safety

the

are

for

responsible

the

One

modified for specific activities.

first issues involves

the

of

activity is

excursion'

a

or

immunity
trip immunity is

section

which

district

However,

field

it is

trip

by

for

teacher

means

recreation,

proper

course,

a

a

member districts involve surfing clubs,
skiing clubs, and various water activities.

school- sponsored activity and the district to preserve all of the immunities available
students.

as

be

clinic,

journey
brief
or

from

a

that the

argued

As

district

the

club

would

not

as

qualify

therefore, it is unlikely that the district
have

would

The

35330.
44808

immunity

would still provide

off-premises

not

district

immunity
is

provided under

eliminated

the

The

sponsored.

activity

supervision) of

section

assumes

the

an

sponsored"

44808

sponsors

responsibility

participating

studens,

activity

under

831. 7 ( relating to hazardous
activities).

that

as

a

recreational

matter

the

the

Code

recreational

do

In

practices

P

the

hazardous

not

include

extracurricular

P

sp

schoolon

Gov.

law, "

of

activities"

activities under

sport

supervision of school

other

that

words

are

off-season

conducted

with a coach present, or

of

program

that

personnel

any

are

are

supervised

not

by

considered

organize

is

not

their

district-

coordinated

or

or is compulsory in any way.
•

Any transportation is provided by
the participants, not the district.

club

a

are

and is in no way tied to curriculum

district

of

activities

The activity is completely voluntary

students

a

functions

the

From

by

approved

activities

the

of

functions—

these

district— comes

the

responsibility for the

the

The next level
organizing

the

of protection involves
activity

as

follows.

Al-

though immunity is reduced, there is still
some margin of protection for the dis-

students.

trict.

Because hazardous recreational activities

risk

substantial

issues

the

be

in the

recognized

are

given

of

so

having

as

code

injury

that

and

because

consultation

and

a

•

The activity is part of a district-

of

sponsored club.

eliminate

easily

•

to

•

careful consideration needs

SISC

a

with

Ensuring adequate supervision.
Ensuring any volunteers are prop-

erly cleared ( fingerprinted if neces-

Safety and Loss Control Specialist is
recommended
such

before embarking

on

Part).

any

Participants and parents would be

activity.

required to sign activity waivers
and acknowledgement forms.

Application

Waivers

of

and

•

Releases
However,

we

do

acknowledge

that

parents are required to sign field

trip/ excursion permission forms
for every trip or off-campus activity

some

districts choose to undertake such activities

in

spite

p

these cases "

after- school

to

that

conducted on school property.
•

of

the

increased

risk.

In

The activity is completely voluntary

with

coach present or after- hour practices

schoolschool

the

In general courts have held

school- sponsored

personnel.

a "

bears

also

immunity

available

is

activity

the

for

the

club

under

the immediate

under

coordinating

immunity,
Whether

while

the

off-premises

district

the

when
and

be,

of

and

responsible

The

students.

were

(

advisor include: supervising, directing,
and

club

students
club

required to sign activity waivers
and acknowledgement forms if the

when

provided

removed

supervision

employee.

Code

immunity (

if the

activities)

direct

Code

for

is

students

should

Ed.

of

provisions

the

of

or

Ed.

under

immunity

becomes

issue,

supervision

assumes

Code 44808

Ed.

and

field trip;

a

Allow

•

own

transportation

the

students

the

of

not

Participates and parents would be

the

with

are,

activities

ongoing

will

alone

sponsored).

be easily

could

is to:

Supervision

safety
From this definition it

the

factor.

determining

district

path."

of

However, this is only one
transportation

argument;

the

for the safety

responsible

a

direct

a

deviation

or

In general when a district

provided.

becomes

usual

a

http:/ sisc. kern. org/ pl/ forms/.

provides transportation to an activity it

be

a

as

usually
first hand

farm,

factory,

to a

provides

The most common requests we see from

a

trip, departure from

pleasure

definite

of

Excursion'

"

for

chiefly

and

students

district

the

transportation to an activitiy is another
measure in
determining if immunity shall

court

The Castro

purposes

observation ( as
museum).

whether

considered

field trip" is defined

a "

made

visit

be

Whether

It can be

downloaded from our website at

Transportation

immunity. can be argued that the activity becomes a The best way to organize such an activity

enjoy

or excursion.

that

noted

therefore,

questionalbe

would

Field

prevails.

absolute and,

would

club

surfing

or

school- sponsored

"

This determination identifies

activity."

the

whether

field trip

a "

considered

SISC does have a model Voluntary Activities Participation Form, which can be

students.

School- sponsored Activity

the

tion at all.

practices; they should, however, do so

knowing they

immunity.

can eliminate

districts

that

suggest

would

This

immunity.

not

In fact if

under

district

the

therefore,

protection in all circumstances.

activities

recreational

law,

the

assumption

of risk"

waivers

are used in an attempt to mitigate liabilP
g
ity. These waivers do have some limited
effectiveness,

but it

that

will

waivers

should

not

be

understood

provide

complete

and is in no way tied to curriculum
•

or is compulsory in any way.
Transportation should not be proP
P
vided b y the district.

CIF Approved Sports

since some activities simply carry too

The following activities are approved CIF much risk and are best left to outside
Each

sports.

sport

has

CIF

specific

rules

clubs or venues.

and CIF has jurisdiction over the activity
when

conducted

districts limit
other

as a competitive sports

It is SISC' s recommendation that

team).

extracurricular

school- sponsored

clubs

and

Please contact your SISC Safety Specialist

at ( 661) 636- 4604 if you have any questions.

extracurricular

activities to the following:
Badminton

Skiing& Snowboarding

Baseball

Soccer

Basketball

Softball

Cross- country

Swimming& Diving

Field

Tennis

Hockey

Football

Track& Field

Golf

Volleyball

Gymnastics

Water Polo

Lacrosse

Wrestling

Even though a district chooses to authorize one of the above activities as a club in

lieu of an official district sports team, the

club should still be conducted under CIF
rules as applicable.

Conclusion
When in doubt please contact your SISC
Loss Control Specialist for guid-

Safety&
ance.

Often times your Specialist can

make recommendations that can help
limit the risk involved with a certain ac-

tivity in order to provide maximum protection to

your

district.

Your Specialist

may recommend against a certain activity

ROBERT KRETZMER

ELSA LARA

CAROL RAY

DIRECTOR

CLAIMS EXAMINER II

CLAIMS EXAMINER II

CLAIMS EXAMINER I

661. 636. 4709
rokretzmer @kern.
org

661. 636. 4736
ellara @kern.
org

661.636.4871

661.636.4206

caray @kern. org

hitabora @kern. org

RYAN BOURGET

DUNCAN LOW

TIM RIDLEY

TY TAYLOR

ADJUSTER I
661. 636. 4606

COORDINATOR
661. 636. 4863

SAFETY SPECIALIST

ADJUSTER 11

661. 636. 4376
tiridley @kern. org

661. 636.4601

rybourget

@kern. org

dulow @kern. org

HILDA TABORA

tytaylor @kern. org

ROXANN DAILEY- WEBB

LILIA MORENTIN

RANDYE ROGERS

PAT TLIMBARELLO

ADJUSTER I

ADMIN. SECRETARY

SAFETY SPECIALIST

ADJUSTER 11

661. 636. 4848

661. 636. 4495

805. 929. 5950

rodailey @kern. org


661. 636. 4607
rarogers @kern.
org

SANDI HARVILLE

SABRINA MOTEN

JOE SINGLETARY

VALARIE WAGNER

SECRETARY II

CLAIMS ASSISTANT

SAFETY SPECIALIST

661. 636.4604
saharville @kern.
org

661, 636. 4414

661. 636. 4605

661. 636. 4694
vawagner @kern. org

samoten

@kern. org



i
i

PROPERTY

& LIABILITY UPDATE
OCTOBER 1, 2012

HOLIDAY SAFETY

Use of DrIy Ice
It' s

the

time

proms,

The

of

brings

with

carnivals,

football

homecoming

and

season

for fall

year

it the

games.

potential use

SISC does not recommend the use of dr Y

ice by a district under any circumstances.
The hazards outweigh the benefits.

of dry ice to enhance the atmosphere of
these

Therefore,

events.

serves as a reminder of

ing dry
against

ice

its

SISC'

and

this

Update
regard-

Christmas Trees at School Sites

recommendation

The Christmas season will soon be here

the
s

hazards

and SISC wants to make sure that school

use.

districts are aware of county and state
Dry

ice is listed

the

federal

not

be using

as a

hazardous

Students

government.
or

handling dry
Hazards

circumstances.

material

ice

by

should

under

associated

any

with

guidelines with respect to the maintenance

and decoration of Christmas trees so that

children and staff can enjoy a safe, happy
Christmas season.

the use of dry ice include:
To that end SISC has adopted the Kern
Burns:

Dry

ice is

a

cryogenic

material

frostbite burns

that can cause severe

to

County Fire Department guidelines for
Christmas trees as the minimum standard

for all SISC II member districts.

skin.

Explosion: If

tight con-

In addition to Christmas trees, teachers

may build potentially

often decorate their rooms with festive

stored

in

tainer,

pressure

causing

an air-

an explosion.

themes for the holiday season. The abundance of paper decorations can present a

Toxic: Although
it

ous,

place

used

dioxide

oxygen

least

cause
even

organs,

is ingested.

Suffocation: If
carbon

not poison-

or at

to internal

a small piece

the

dry

be fatal,

damage

severe

if

could

ice is

in

confined

areas,

may disoxygen defi-

emitted

causing

an

serious fire hazard. The limitations on
decorative materials should be reviewed at

this time to help coordinate safety with
holiday decorating.
If you have any questions, please contact
your Safety and Loss Control Specialist at
( 661) 636- 4604.

Fkslpi

sch"

cient environment.

Dry
be

ice

used

may
in

programs.

also

It "!

By: Safety and

Loss Control

s

2000 K Street

science

PO Box 1847

School


administration `
should

staff that

the

Phone: 661- 636-4604

inform "

Fax: 661- 636- 4418

use

of dry ice by any student is prohibited.

HTTP://

SISC. KERN. ORG/


L

PL

Standard No. 1103. 3- 1
KAffn

County

Fire DeparbrAmt

Fwe Preventbn

Christmas Trees

Fffe hfimstW

Previously Standard 11. 2-1)
ReWkett November 1, 2002

L-

This Standard is promulgated in accordance with Section 1. 104ofthe Kem County Fre Code and is
the official interpretation of Section 3.08 of Title 19 and Section 1103.3.3.1 of the Kern County FWre
Code which states that Christmas trees must be flame retardant treated.
BACKGROUND

Christmas trees become a serious fine hazard as they aW and dry. Once ignited, Christmas trues
bum violently. The tremendous heart generated by a burning Christmas tree can easily spread to
the

remainder of

ft building

paths.

The potential hazard created by Chnstmas trees must be mitigated-" Therefore, Christmas trees
which

are placid inside of

Group

any occupancy, ex

Occupancies and

I'

and gayest

R Occupancies, shall be either live or flame retardant treated, or shall be

rooms of

maintained fire safe.
REQUIREMENTS
I_

General Requirements
I_

Christmas trees shall not be placed in a location which would obstruct or tires
enwn:Kmcy egress-

2.

Christmas trees shall not be placed within fivie( 5) feet of any ignition source.

3.

The free shall be nuintained in a fire safe condition
A

There are 3 methods of satisfying these requirements
a).

The tree can receive a Ike retardant treatment in accordance with
Section IL

b).

The tree can be a living Christmas tree and maintairied in accordance

c).

with Section 111.
The tree can be

maintained

as a *

fire

safe

Ctuistmas tree" in

accordance with Section 1V.

11_

Fire Retardant Treatment
1.

The cut Chrisftnas trace shall be made flame resistant by application of a flame
al.
retardant chemical approved by the California State Fry:

Page 1

of

3

Standard No,. 1103. 3- 1

Ken County Fie
Fim Preventim

Christer Trees

Re Mapshal

Previously Standard 11. 2=1)
Date- Deoernber3. IOM
Revised: Nlovember 1,

2.

The flarne retardant chemical may be applied by the facility owner or his auftirized
representative, or by any applicator lkmised by the Callamia State t=ire Marshal. If
the fhirne retardant chemical is applied for a fee, the applicator shag be licensed by
the Cal_

3.

is.Mate Fire Marshal.

Lights and decorations may be placed on any Christmas tree which is rte
resistanL

Ill.

Laving Christmas Trees
1.

Living Christmas trees may be placed in any occupancy.

2.

The Christmas tree

shall

be

living if the roots are intact and covered with

con .

soil, and the tree is watered regularly.
3_
IV_

Light mid decorations may be placed on any fi,amg Christmas tree.

Fire Safe Christmas Trees
1.

Christmas trees shall be considered fire safe if the fbib#
Mg conditions are safisfied:
A

The Christmas tree must have a fresh ciA made on the botlom of the bunk

irm,nediately before Vie tree is placed in the tree stand_ The fresh cart shag be
at least one inch above the original cuL
The tree

C.

The Christmas tree mist be watered regrdarty sib that there is standing waster

shall

be

in a tree stand that is capable

B.

in the tree stand at all Wries. The level of water must be at least two inches
above the cLit end of the trunk.
not be used on a Fire Safe Christnias Tree.

Q.

Lights

E.

Decorations may be placed on a Fire: Safe Christmas Tree.

F.

The Christmas tree must pass the flame test as followsa).

Ater to six inch piece of the Christmas tree shag be removed from the
end of one branch of the tree. This piece shall be held over a two kxh
flarne for 10 seconds. The flarne shall then be removed and If the
branch does not cxs7bntie to buns, it shag be considered lire sire.
Page 2

of

3

Fi.
na,
c

Christmas Trees

rkw

r

Previously Standard 1' 1. 2- 1)
cudw:. C7+eucexober' 3. 1gin

Revixa4k

b)_

1

2002

The C hrtsbnas tree shat be removed f om the occupancy krwriedtalefy if
it fails to pass the fiarne test_

G_

The Christmas tree shall be removed from the ni ccupancy before d becomes a
fire hazard_

Pie 33 arr 3

I

ROBERT KRETZMER

ELSA LARA

CAROL RAY

HILDA TABORA

DIRECTOR

CLAIMS EXAMINER 11

661. 636. 4709
rokretzmer @kern.
org

661. 636. 4736

CLAIMS EXAMINER II
661.636.4871

CLAIMS EXAMINER I
661.636.4206

Garay @kern. org

hitabora @kern. org

TIM RIDLEY

TY TAYLOR
ADJUSTER 11
661. 636. 4601

dulow @kern. org

SAFETY SPECIALIST
661. 636. 4376
tiridley @kern. org

RYAN BOURGET
ADJUSTER I
661. 636. 4606
rybourget @kern.
org

ellara

@kern. org

DUNC.AN LOW
COORDINATOR
661. 636. 4863

tytaylor@kern. org

ROXANN DAILEY- WEBB

LILIA MORENTIN

RANDYE ROGERS

PAT TUMBARELLO

ADJUSTER I

ADMIN. SECRETARY

SAFETY SPECIALIST

ADJUSTER 11

661. 636. 4848

661. 636. 4495

661. 636. 4607

805. 929. 5950

rodailey @kern. org


rarogers

SANDI HARVILLE

SABRINA MOTEN

JOE SINGLETARY

VALARIE WAGNER

SECRETARY II

CLAIMS ASSISTANT

SAFETY SPECIALIST


661. 636.4604

661. 636. 4414

661. 636. 4605

661. 636.4694

saharville

@kern. org

samoten @kern.

org

@kern. org



vawagner

@kern. org

Isc11

PROPEM & LIABILI

Schools

Helping
Schools
October 19, 2012

TO:

District Superintendents
Chief Business Officials
Maintenance and Operations Directors

FROM:

Robert J. Kretzmer

Director, Property and Liability
SUBJECT: P& L Update - The Interactive Process: A Quick Guide

Employee Practice Liability (EPL) claims present many challenges for SISC and our member districts.

These cases raise questions concerning coverage and indemnity. It is essential that good communication
between our office and our member district be established during the early stages of any employment
practice liability claim presented to SISC.
The attached Guide prepared by Jill Williams, Attorney at Law, provides an overview of the Interactive
Process— one of the key elements reviewed by SISC on almost all EPL claims referred to our office for
handling.
Ms. Williams,

a partner with

the Law Offices of Carpenter, Rothans & Dumont, is an experienced

attorney with expertise in the handling and defense of employment discrimination and retaliation
lawsuits. She represents many public entities throughout Southern California. Ms. Williams welcomes
any comments you may have concerning her Quick Guide on this important subject for our SISC
members.

RJK: sh

Attachment

P. 0. Box 1847
1300 17th Street- CITY CENTRE
Ajoint Powers

Authority

administered

by

the

Kern

County

Bakersfield, CA 93303- 1847
Bakersfield, CA (

Superintendent

of

http:// www.kern.org/sisc/

661) 636- 4710

FAX( 661) 636- 4418


Mms

-

The-,
Interac.
A Q4!& 6ulde
When is it required?
1)

When an employee makes a request for an accommodation; or

2)

When the

employer

knows— or has

reason

to know— that an employee is unable to

perform one or more of the essential functions of his or her job because of a disability.
The employer must engage in the interactive process even if the employee does not request an

accommodation. If the employer has a reason to believe that an employee might require an
accommodation, the employer should initiate the interactive process.

What qualifies as a request for accommodation?
A" request" for an accommodation should be construed liberally and includes oral and written requests
by an employee, by an employee' s healthcare provider, by a member of the employee' s family, or by
another representative of the employee.

What are the steps in the interactive process?
1)

Analyze the employee' s job and determine the purpose and essential functions of the
job;

2)

Consult with the employee to ascertain the precise job- related limitations imposed by
the employee' s disability and how those limitations could be overcome with a
reasonable accommodation;

3)

Identify potential accommodations and assess the effectiveness each possible

accommodation would have in enabling the employee to perform the essential
functions of the position; and
4)

Consider the preference of the individual to be accommodated and select and
implement the accommodation that is most appropriate for both the employee and the
employer.

Prepared by:
Jill Williams, Partner
Carpenter, Rothans& Dumont
iwilliams@crdtaw.com

10/ 19/ 2012

What are examples of reasonable accommodation?
Job restructuring

Reassignment to

Offering

Adjusting or modifying examinations, training
materials or policies

a vacant position

part- time or modified work schedules

Providing

qualified readers or

Adjusting

or

Providing

reserved

modifying

Permitting the use of accrued paid leave or
providing additional unpaid leave for necessary

interpreters

equipment or

parking

Leave of absence for a finite period

•

devices

treatment

spaces

What is not a reasonable accommodation?
Creating

Giving

Adopting the most reasonable accommodation

a new position

Accepting the employee' s requested

an employee a second chance

accommodation

Dos and Don' ts
DO seek technical assistance ( i. e. from the EEOC, DFEH, local rehabilitation agencies or disability

constituent organizations) if necessary to determine what accommodations are possible and
appropriate.

DO NOT make inquiries into the employee' s disability that are not job- related or consistent with
a business necessity.
DO make a decision on a reasonable accommodation very soon after discussing the employee' s
request

for

accommodation with

the

employee. (

The EEOC' s internal guidelines require that

accommodation decisions be made within 15 days- 20 days.)

DO identify specific, legitimate, non- discriminatory business reasons if any request for
accommodation is denied.

DO NOT evaluate an employee' s job performance on the employee' s ability to perform the
essential functions of his or her job without accommodation.
DO NOT evaluate employees with disabilities on a lower standard than other employees.

DO NOT discipline employees with disabilities less severely than other employees.

Online Resources & Guidance
EEOC- http:// www.eeoc. gov/ laws/ guidance/ enforcement guidance. cfm
DFEH - http:// www. dfeh. ca. gov/ Publications. htm

Prepared by:
Jill Williams, Partner
Carpenter, Rothans& Dumont
iwilliams@crdlaw.com
10/ 19/ 1011


PROPERTY

& LIABILITY UPDATE
OCTOBER 1, 2012

LABORATORY/ SCIENCE CLASS SAFETY
This
of

having

strict

procedures

and

safety
The

the

safety

of

districts in

tions

lab/

their

and provides some

control

basic

for establishing

32031,

and

time

any
or

the use

likely

science classes

safe programs.

used". . .

associated with the procedure, and

safety controls. Select experiments

at

that come from known, reputable

or

of

observing, an activity
hazardous substances

to cause

to the

injury

Circumstances that

recommenda-

be

the individual is

at which

in,

engaged

assess-

that

which states

eye protection must

laboratory/
following informa-

tion is offered to assist

ing

loss

all

regarding

science classes.

32030

importance

the

update emphasizes

of eye protection

require

include"

sources and that contain a safety

analysis of the procedure. Every lab

eyes."

exercise and demonstration con-

the

ducted must have a written proce-

use

dure.

Working

with hot liquids or solids or with
1.

Review the Cal- OSHA

regulation

for Occupational Exposure

toxic,

Chemicals in Laboratories

ardous

Title 8, Section 5191).
tion

chemicals which are

Haz-

to

items

covers such

The

regula-

designation

and

giene

of a

Officer—
in

addressed

Plan. Flinn Scientific has
chemical

hygiene

plan

for

an excellent start
site/

the

district

plan can

Scientific
and

2.

or

from

Loss Control

Demonstration

conducted

in

the

purchased

through

Such

or suppliers.

lab

used whenever there

possibility
ments,
pelled

3.

or

is the

that involve

be
the

fragpro-

Education Code Section

energy,

or

heat,

n

or cause an

Such demonstrations

2000 K Street

adequately

controlled,

risks outweigh

the

Develop


cannot

PO Box 1847

therefore,

educational

Phone: 661- 636-4604

value.

6.

pro-

of

tion.

its

to the

an uncontrollable re-

s

unpredictable, unmeasurable reac-

slightest

be

fit~
III11

practice of

schools

lease

be

students.

all students pursuant

Discontinue the

attention getting" demonstrations

may be

contents could

661) 636- 4604.

the class period.

5.

catalogs and/

a container,

(

used completely before the end of

be

and provide eye protection

visions of

i

its

toward

Obtain

for

that

exer-

one individual whose contents are

Safety

shields should

for lab

hazard warning. The only exception
would be for containers used only by

demonstration
shields

a class

tified along with the appropriate

of a class as a

the

in

tents of each container must be iden-

a

demonstration is

Such

class.

used

cises or demonstrations. The con-

representative.

front

barrier between
and

SISC

your

vide minimum guidance on key issues.

Standard( Title 8, Section

may be

A copy of
from Flinn

shields should

used whenever a

I

be

that provides

obtained

ence safety issues but is intended to prolabeled

all containers are

If you have any questions or would like
additional
information, please
contact
Labeling requirements also
apply to secondary containers, which your SISC II Safety representative at

specific plan.

be

dents. The information is not intended
to serve as a comprehensive list of sci-

or

5194).

a model

developing

Ensure

tion

Hy-

all of which must

science classes and to prevent future inci-

pursuant to the Hazard Communica-

Chemical Hygiene

a

help the district assess the safety of its

radio-

other means."

4.

training,

Chemical

living

The above information is intended to

tissues,

heat, decomposition,

through

measures to reduce exposures, proand

flammable,

active, or which generate pressure

as standard

for information

to

irritating strongly sensitizing,

operating procedures for work involving hazardous materials, control
visions

corrosive

Fax: 661- 636- 4418

written standard

procedures

operating
for every lab demonstra-

H TT P://

SISC. KERN. O R G/

tion and exercise that identify the
procedures to

follow,

risks/

hazards


PL

j
i


PROPERTY

LIABILITY UPDATE
OCTOBER 15, 2012

MAINTAINING SAFE PLAYGROUNDS
California'

s playground

regulations

safety

Individual

•

playground

became effective on January 1, 2000.

by

The

site

history

Inspection forms.

developed

regulations were

Department

consultation with the

Architect,
reation

Cities,

Society,
and

Office

the

the

the

League

of

the

State

and

of

California Parks

the

by

Rec-

California

California Department

of

Education.

falling.

There are many surfaces

ble surfaces are engineered wood fiber/

Health Services( DHS) in

of

dren

that offer protection from falls. Accepta-

location.

mulch, sand, and pea gravel.

These sur-

Districts may wish to use two separate faces must be maintained at a depth of 12
types

of

inspections— high

frequency/

inches, be free of standing water and

routine and low frequency/ periodic. debris, and not be allowed to become
High

frequency/

inspections

routine

can

Some

compacted.

synthetic

materials

identify surfacing problems, vandalism, may also be appropriate in certain situaand debris ( such as glass) that can lead to tions.

The regulations help school districts ad- an accident. Personnel who already per-

ministrators determine their responsibili- form tasks such grounds maintenance or Inadequate Use Zone: Use zones are un-

ties in inspecting, modernizing, main- playground supervision can easily per- der and around the playground equiptaining,
school

developing

and

property.

play

areas

on

In the time

since

the

form these inspections.

ment

where

a

child

might

fall.

A use

zone should be covered with protective

implementation of the regulations, many Low frequency/ periodic inspections are surfacing material and extend a minimum

districts have taken aggressive actions to made less often but are more compre- of 6 feet in all directions from the edge

upgrade their playground equipment and hensive than high frequency/ routine of stationary play equipment such as
facilities thereby achieving
vironments for children.

safer

play

en-

They require a greater climbers and chip- up bars.

inspections.

amount of time to perform and require

more experienced and knowledgeable Protrusion and Entanglement Hazards:
The

following

lustrate

some

is

outline

of

the

provided

major

to il-

components

personnel.
equipment

Periodic inspections evaluate Protrusion hazards are components or
integrity. These pieces of hardware that might be capable

structural

that should be contemplated and includ- inspections can be done on a seasonal of impaling or cutting a child if a child
ed

in

a playground

safety

basis

program:

depending

factors affecting

Policy

on

individual

each

playground

location.

fall

against

the

hazard.

trusions are also capable

Some

j

pro-

of catching

strings or items of clothing that might be

statement

Site inspections
Hazard

should

The National Playground Safety Institute Worn around the child' s neck. This type
NPSI) has identified twelve

correction

the

of

lead-

of

entanglement

is

especially hazardous

Staff training

ing causes of injury on playgrounds. because it might result in strangulation.

Playground signage

Familiarizing

j

the "

Dirty
Dozen Checklist" will help you and your

Accident investigation

yourself

with

design professional avoid these pitfalls for
Playground documentation
that

should

be

new

and

maintained as

playground

equipment.

records

P art

of

the

also

be

used

as

the

They

can

schows

basis for inspection
2000 K Street

protocols.

program include the following:


PO Box 1847
DIRTY DOZEN CHECKLIST

Copies

of

ground

safety

current

public

guidelines

or

playstand-

Copies

Improper Protective Surfacing: Improper
p P er
surfacing

ards.

equipment
of all staff

training


material

is the

records.
ground related

under

leading

injuries.

playground

cause

of
o

Over 70%

Phone: 661- 636-4604
Fax: 661- 636- 4418

playof all

HTTP://

SISC. KERN. ORG/ PL

accidents on playgrounds are from chilSCHOOLS HELPING SCHOOLS

V,_.

j

1.

11.

1..

1111.....

Entrapment In Openings:
playground

Children
and

equipment

for head

checked

to

attempt

ing.

If the opening is

may

allow

and

be

should

to

openings

that

on

There

to

spacing between

ment
area

can

that

provide

may

for

zones

mum

above

that is

higher

should

be

equipment

away from

an area

should

setting

tion,
tree

I

and

in

out

secure.

are

rocks

that are

often

all

Lack

safety
should

to

remain
of

the

are

should

for

be

•

age

chil-

Heavy swings such as animal figure
swings

and multiple occupancy/

glider type swings.
•

Free swinging ropes that may fray
or form a loop.
Swinging exercise rings and tra-

be

in "

safe"

condition,

be

must

wood,
signs

There

present.
or

no

The

metal,
of

a

preventive

worn-

should
or

fatigue

be

plastic

or

dete-

Attached is a High Frequency Inspection
Form to assist you with your playground
Please
daily
contact your Safety and Loss Control
inspections (

or

representative

additional

at (

routine).

661)

information,

636- 4604 for j
clarification,

loosening.

Reference:

Health and Safety Code,

Pinch. Crush, Shearing, and Sharp Edge
Hazards: Components in the play

roots,

envi-

ronment should be inspected to make

common


sure there are no sharp edges or points

so

children at

Platforms With No Guardrails: Elevated

to the overall

A play

that it is

play.

such

as

platforms,

ramps,

and

to

would

prevent

accidental

falls.

Equip-

chil-

ment intended for school- age children

their own

should have guardrails on elevated sur-

Young

constantly challenging

surfaces

bridgeways should have guardrails that

area

easy

HILDA TABORA

ROBERT KRETZMER

ELSA LARA

CAROL RAY

DIRECTOR

CLAIMS EXAMINER II

CLAIMS EXAMINER II

CLAIMS EXAMINER I

661. 636. 4709

661. 636. 4 36

661.636. 4871

661.636.4206

ellara@kern.

caray @kern. org

hitabora@kern.org

rokretzmer

@kern. org

org

RYAN BOURGET

DUNCAN Low

TIM RIDLEY

TY TAYLOR

ADJUSTER I

COORDINATOR

SAFETY SPECIALIST

ADJUSTER II

661. 636. 4606

661. 636. 4

661. 636. 4376

661. 636. 4601

dulow@kei- n. org

tiridley @kern. org

tytaylor @kern. org

ROXANN DAILEY- WEBB

LILIA MO

ENTIN

RANDYE ROGERS

PAT TUMBARELLO

ADJUSTER I
661. 636. 4848

ADMIN. SE

RETARY

SAFETY SPECIALIST

661. 636. 4

95

ADJUSTER II
805. 929. 5950

rodailey @kern. org

limorentin

kern. org

661. 636. 4607
rarogers @kern.
org

SANDI HARVILLE

SABRINA

OTEN

JOE SINGLETARY

VALARIE WAGNER

SECRETARY II

CLAIMS AS

ISTANT

SAFETY SPECIALIST


661.636.4604

661. 636. 4

rybourget

@kern. org

63

i

saharville

@kern. org

or

assistance.

Sections 115725- 115750.

supervision of a

relates

associated

Safety Commission recommending that

pre-

separate

school

systematic,

no apparent signs of

found in play

playground.

be designed

observe

dren

directly

the

of

Accidents

that could cut skin.

Supervision: The

of

Playgrounds:

they not be used on public playgrounds:

for the

concrete

tree

Equipment Not Recommended For Pub-

lic

rioration. All parts should be stable with

environments.

playground

play

Areas for

missing, broken,
components.
All hardware

should

surface eleva-

borders,

containment

trip hazards

safe

appropriate

children

intended

maintenance

be located in

Exposed

abrupt changes

stumps,

an effort

and

user.

age

program

other structures.

playground.

footings,

is

areas

grounds

a mini-

Trip Hazards: Trip hazards are created
by play structure components or items
the

of

with the following types of equipment

challenging

should not show

on

1111_

peze bars.

the ground cannot over-

there

........

Lack of Maintenance: In order for play-

than

structures.

moving

lack

to

related

dren.

12 feet in between two play
Swings and other pieces of

of

playground

create several

Therefore,

lap.

play equip-

equipment

30 inches

a

the intended

school

from

overcrowding of a play
hazards. Use

cause

.......

It is esti-

all

to make sure that the equipment in the

z

Spacing; Improp-

pieces of

-----

environment for all ages, it is important

playground

between 3'/

1111__-

faces higher than 30 inches.

have resulted in the Consumer Product

age of

er

directly

of

Age- Inappropriate Activities: In

playground

Insufficient Equipment

40%

_

to

able

appropriate supervision.

9 inches.

and

hazards.

potential

are

being

not

it

enough,

head.

measures

injuries

open-

often

very

that over

mated

through the

pass

the

entrap

no

equipment

inches

body

the

large

recognize

feet first

through the
not

abilities,

hazards.

openings

slide

on

be

should

entrapment

enter

often

opening

Openings

f 14

samoten@tern.

661. 636. 4605
org



661. 636. 4694
vawagner

@kern. org

isc1

PROPERTY

LIABILITY

Schools

Helping
Schools
October 19, 2012

TO:

District Superintendents
Chief Business Officials

Maintenance and Operations Directors
FROM:

Robert J. Kretzmer

Director, Property and Liability
SUBJECT: P& L Update - California Department of Public Health Mold Update

Mold can be an issue for school districts. Recently there have been some changes on how mold problems
should

be

addressed

according to the California Department

of

Public Health ( CDPH). The attached

statement from the CDPH addresses these issues on mold identification and health issues. To access

information on mold growth prevention and remediation, go to the SISC Property and Liability website
http:// sisc.kern. org/pl/ and click on P& L Updates.
Please contact your Safety and Loss Control Specialist at( 661) 636- 4604 if you have any questions.
RJK: sh
Attachment

P. O. Box 1847*

1300 17th Street- CITY CENTRE*
A Joint Powers

Authority

administered

by

the

Kern

County

Bakersfield, CA 93303- 1847*

Bakersfield, CA* (

Superintendent

of

http:// www.kern.orglsiscl

661) 636- 4710*

FAX( 661) 636- 4418


State

of

California— Health

and Human Services Agency

California Department of Public Health

I) CDPH
RONALD CHAPMAN, MD, MPH

EDMUND G. BROWN JR.

Director

Govemor

Statement on Building Dampness, Mold, and Health
September 2011

CDPH has concluded that the presence of water damage, dampness, visible mold, or mold odor
in

schools,

workplaces,

residences,

and

other

indoor

environments

is

unhealthy.

We recommend against measuring indoor microorganisms or using the presence of specific
microorganisms to determine the level of health hazard or the need for urgent remediation.

Rather, we strongly recommend addressing water damage, dampness, visible mold, and mold
by ( a) identification and correction of the source of water that may allow microbial

odor

growth

or contribute

to

other problems, (

b) the rapid drying or removal of damp materials,

and ( c) the cleaning or removal of mold and moldy materials, as rapidly and safely as possible,

to protect the health and well-being of building occupants, especially children.
T

Indoor dampness

and mold (

fungal

growth)

are common problems

in California

and worldwide.

To

date, no clear state or federal policy has been issued on how to assess the health risks that dampness and
to building occupants. In 2001, the Toxic Mold Protection Act ( Senate Bill 732, Ortiz*)

mold pose

mandated that the California Department of Health Services ( currently the California Department of

Public Health, CDPH) determine the feasibility of setting Permissible Exposure Limits (PELs) for mold
in indoor

environments.

In its 2005 report to the Legislature, CDPH concluded that " sound, science-

based PELs for indoor molds cannot be established at this time" and outlined the reasoning by which the
department reached that conclusion.

While PELs remain elusive, mounting scientific evidence on dampness and mold, much of it published
since 2005, supports an alternate, evidence- based approach to the assessment of health risks from indoor
dampness
experts
or (

d)

and

that the

mold.

Human health studies have led to a consensus among scientists and medical
in buildings of( a) visible water damage, ( b) damp materials, ( c) visible mold,

presence

mold odor

indicates

an

increased

risk of

respiratory disease for

occupants.

Known health risks

include: the development of asthma, allergies, and respiratory infections; the triggering of asthma
attacks; and

suggests

increased

that

wheeze, cough,

difficulty breathing,

children are more sensitive

to dampness

and other symptoms.

and mold

than

adults.

Available information

In addition, evidence is

accumulating, although not yet conclusive, that the more extensive, widespread, or severe the water
damage, dampness,

visible mold, or mold odor,

the

greater

the health

risks.

California Department of Public Health

Statement on Building Dampness, Mold, and Health
Page 2

There also is consensus that the traditional methods used to identify increased mold exposure do not
reliably

increased health

predict

Therefore, the current practices for the collection, analysis, and

risks.

interpretation of environmental samples for mold cannot be used to quantify health risks posed by
dampness and mold in buildings or to guide health-based actions.

Finally, current consensus does not justify the differentiation of some molds ( such as Stachybotrys
species) as " toxic molds" that are
especially hazardous to healthy individuals. The presence of molds

such as Stachybotrys that grow only on very wet materials might be interpreted as demonstrating damp
conditions that could place occupants at increased risk. However, the only types of evidence that have
been related consistently to adverse health effects are the presence of current or past water damage,
damp materials, visible mold, and mold odor, not the number or type of mold spores nor the presence of
other markers of mold in indoor air or dust.

Our goal in issuing this notice is to increase awareness of the hazards from indoor dampness and mold
and

to reduce

exposures

hazards.

to these

The following are recent publications that support our

positions on the assessment of health risks and the remediation of dampness and mold:
1)

Mendell MJ, Mirer AG,

Cheung

Respiratory

health

and

and allergic

dampness- related

evidence.

K,

M, Douwes J.

Tong

effects of

dampness,

agents: a review of

mold,

the epidemiologic

ch p 03. nictis. nih. gov/ article/

articleURl—
inf6% 3Adoi% 2F

Building dampness
degrades indoor environmental quality in
ways.

common

excessive

fetc:hA.rticle. acti.on,,

10. 1289`%,
2Fehp. 1002410.

Air Quality: Dampness and Mould. Copenhagen: WHO
dampness

effects associated with

www. euro. who. int/

data/ assets/

pdf

file/ 0017/

Institute

of

Medicine.

material

agents:

A

Damp

and

Health.

ok

isbn= 03090)_193.4.
php.'?

Ashley PJ,

et al.

nutrients.

As

(

e. g.,

leaves,

wood,

indoor biologic

the evidence. Journal of Public Health
Practice, 2010, 16( 5): S 11—S20; available

at www. bu- cli. org/ uploads/

can

mites,

support bacteria/ growth
to

infestations

cockroaches,

Main/

Sandcl Housi:nglnterventions.pdf.

Agency.

of house
rodents,

occupants. Moisture also may alter the

chemistry of damp materials. Hence, while
excessive or chronic dampness is not by
itself a cause of ill health, it may indicate or
increase other exposures

5) U. S. Environmental Protection

and

which also pose health risks for building

Housing

and control of asthma- related

and

and

In addition to mold, indoor

mold growth.

dust

review of

Management

of

moisture generally is what allows or limits
Indoor Spaces

and contribute

interventions

result

dampness.

dirt), the presence or lack of

available at

4) Krieger J, Jacobs DE,

indoor

nutrients are almost always available from

dampness

u/
ed_ ale nb.

noticeable

moisture

only

Washington, D. C.: National Academies Press, 2004;
www_ ap
11_

and

chronic

To grow and reproduce, molds

paper, and

43325/ E92645. pd£
3)

need

organic

and mould); available at

or

Molds are fungi ( as are mushrooms and

World Health Organization. WHO Guidelines for Indoor

Europe, 2009 ( see Chapter 4, Health

Mold growth is perhaps the

many

yeasts).

2)

note:

most

Environmental Health Perspectives, 2011,

doi: 10. 1289/ ehp. 1002410; available at
htt //
s

Background

Mold Remediation

that do

have

adverse health effects.

in Schools and Commercial Buildings. Washington, D. C.:
USEPA; available at www.epa. gov/ mold/ niold remediation. html.

Information on SB 732, the 2005 CDPH report to the legislature, and the 2008 update to the report are available
at www.cdph. ca..gov/ prograins/

IAQ/ Pages/ IndoorMold. aspx

.


November 8, 2013

Public Access to Records and Information

School districts and other educational agencies often receive requests from individuals, organizations, or
the press for access to public records

or

information. The California Public Records Act(" CPRA" or the

Act") governs a school district' s response to these requests.

The Act demands that school districts respond quickly and allow public inspection and copying of the
requested document( s) unless the information is expressly exempt from disclosure by law. The

statutory exemptions which typically affect school districts are contained in Government Code Sections
6254 and 6255. Additionally, disclosure of documents and information which are " student records" is

governed by the Family Educational Rights and Privacy Act( FERPA) and Education Code Sections 4906049079

and

76200— 76246.

The definition of a public record under the Act is so broad that virtually every paper or
electronic record created, used, maintained, or in the possession of a school district is a public
record.

The press enjoys the same rights as all other persons. It may see what any parent, taxpayer, or

other individual may see, but it has no greater or special access under the First Amendment or
any other provision of law.
Any person may obtain a copy of a public record unless exempt from disclosure.
Within 10 days of receipt of the request, the district must determine whether it will comply and
must then immediately notify the person making the request.
Except in cases clearly authorized by statute a request for copies should not be denied without
first consulting with an attorney.
The Act does not require the request for access be in writing.
Government Code Section 6254( b): Records containing school district litigation are exempt, but
only until the claims is resolved or settled.
Government Code Section 6254( c):

Personnel, medical, or similar files, the disclosure of which

would constitute an unwarranted invasion of personal privacy.
SISC II recommends that should your district receive a request for information under the California

Public Records Act( CPRA) that you immediately consult with your administrative counsel for guidance.
Frequently, CPRA requests are precursors to the filing of Claims for Damages. Your district will want to
be sure that exempt information is not voluntarily provided that could later prove to be adverse to the
district' s position should litigation later result.

Note: This information is condensed from a Memorandum prepared by Schools Legal Service, 1300 le
Street, Bakersfield, CA 93301. For more information please contact Grant Herndon, General Counsel,
at( 661) 636-4830.

RJK

10/ 29/ 2013

SELF- INSURED SCHOOLS

CALIFORNIA

OF

& LIABILITY UPDATE

PROPERTY

AUGUST 9, 2012

SCHOOL ENVIRONMENTS
Students, as well as staff, spend a great able indoor air is not by introducing from animal debris and droppings.
but by providing prop- Classroom animals are a common cause
their time in the

deal

classroom

of

school

setting.
is

environment

and conducive

and

It is important that the
for its intended

safe

erly

functioning

and

operating

ventilation

of

indoor- air-

quality

How-

problems.

ever, diligence in good housekeeping will
help prevent such problems.

systems.

With that in

learning.

to

use

more" chemicals"

mind, the following information is of- Live Animals Brought Onto
fered

to assist instructors and site

admin-

Although it is common for students to

Campus

istrators with creating and maintaining According to the National Science Teach- take class animals home during weekends
healthful

safe and

learning

environments.

ers

Association, "

Observation and ex- or over school breaks, such
practices

Class-

organisms

with

be

cong

instruction.

Studying animals
room odors are often responsible for in the classroom enables students to de- Chemicals
odors.

unwelcome,

sometimes

modes

of

P

care-

and

should

give
living
Air Fresheners and Candles
students unique perspectives of life proc- fully planned
Classrooms are subject to unusual, and esses that are not provided by other trolled.
perimentation

prompting instructors to install air fresh- velop skills of observation and compari- Many chemicals, such as cleaners and
ening devices in order to mask the un- son, a sense of stewardship, and an ap- pesticides, are provided with a label that
wanted
consist

tors,

Air

odor.
of

plug-

candles,

and/

or

SISC does

sprays.

use of such

devices

freshening

devices,

in

the

use

emit-

of aerosol

recommend

not

items in the

passive

preciation
and

ships,

that—

for

unity, interrelationBeyond
complexity of life."
the

kids just like

animals.

states, "

or

the

Keep out of reach of children."

In addition to this warning, they are labeled with the words Danger, Warning,
Although consumer prod-

Caution.

Although housing animals in classrooms ucts used in the home are not specifically

classroom.

is popular, care should be taken in the regulated, they are subject to various

Air fresheners are chemically based, selection of such animals as well as the
therefore, it is hard to predict whether a ongoing maintenance and handling of the
person will have a respiratory sensitivity animals.
or other physical reaction, such as headaches.

If

air

fresheners

are

being used

in

Districts

should

discourage

the

an attempt to control odors or mask of students or teachers bringing housestale air",

consideration

should

be

given

hold

pets onto campus.

Such"

C 11.

practice

pets"

pose

scnoa:

pros

Schools

to adjusting the ventilation system. an unknown risk of disease, scratching,
jWhen operating properly, the
biting injury.
to
bring in
system

enough

should

outside

keep

use

or

air

feasible,

Whenever

odors under control.

The

and/

brought into
of

dangerous

candles

as

fresheners is

air

and should never

be

allowed.

cleared

by

the

that

animals

classroom

a veterinarian

should

1300 17th Street—

City Centre

PO Box

are

be

before entering

Bakersfield CA 9 3303
A
Phone: 661- 636- 4495
Fax: 661- 636- 4418

the class.

The use of candles for this purpose, as
other

well

as

both

the

purposes,

California

is

a

Building

violation

of

Code ( Title

Good

24) and the regulations of the State Fire ment

L

for

and

in

safety

providing
both students

a

and

VISIT P& L:

practices

safe environ-

HTTP://

SISC. KERN. ORG/

PL

animals.

Pens and cages should be cleaned regu-

Marshal( Title 19).

The best strategy in maintaining

housekeeping

are essential

comfort-

larly

and

the

classroom

should

be free


regulations if they are brought into the Title 19, California Code of Regulations, tors should be mindful of the conditions
Specifically, the regulations requires that decorative materials such as they create and strive to maintain a secure

workplace.

training for

require

there

and

ing
In

personal

the

use of

provisions

are

protective

have

safety

a

hangings,

Christmas

trees, or any other combustible decorative
material shall be flame retardant and shall ELECTRICAL APPLIANCES

not block or conceal any exit door, exit The use of coffee pots, hotplates, and
light, fire

material

alarm, or

fire

similar appliances can be appropriate in

extinguishers.

sheet

how

on

employees

and

classrooms

and

office

areas

that

were

Flame retardant materials may be either properly designed to accommodate them
constructed of a nonflammable material or (

may be

to

understand

environment.

PPE).

MSDS) for every product in use and must train

read

drapes,

curtains,

wear-

equipment (

data

must

product

to

district

the

addition,

the

specific

treated

flame- retardant

i.

home economic classrooms, lunch

e.,

and

rooms,

break

All electrical

rooms).

All treated materials shall have appliances used in these rooms should

solution.

a

a

with

proof of treatment affixed to it in accor- have an appropriate Underwriters Labora-

MSDS.

dance with regulations of the State Fire tory ( UL) label or an equivalent certificaThe

practice of employees

hold

district

the

into the

chemicals

at risk

bringing house-

classroom

with

of noncompliance

However, due to the potential for

tion.

Marshal.

personal injury and property damage,

places

Your local fire department

should

be

con-

SISC does not recommend the use of these

several regulations and could leave the tacted for any additional clarification or appliances in areas other than the above
district

for

open

There is

district if

the

come
or

in

citations

child

a

should

contact with an

hazardous

possibly

fines.

and/ or

also potential adverse

liability

accidentally

unapproved and/

chemical

in

of

the

It

come

California is

as

the

no surprise

highest

to

hear

earthquake

the

safety
appliances

EARTHQUAKE PREPAREDNESS
should

The main concern is for the

mentioned.

information.

to

occupants.

have

These types of

the potential

that

burns

and

risk

result

from improper

electrocution—

to

cause

fires can also

use.

Rooms that

area in the contiguous United States. This Were designed without these types of ap-

classroom.

is due to several large, active faults that pliances in mind may lack appropriate
Chemicals

should

be brought from

not

run

through the

These faults have ventilation and electrical wiring to service

state.

home into the classroom. Some chemicals been the cause of destructive earthquakes these devices.
provide a greater hazard than usefulness; in the past and will be the source of future

therefore, it is strongly recommended that earthquakes. California sustains an earth- In recent years due to energy costs and
all

be thoroughly reviewed by
for safety prior to

chemicals

district

administration

All

use.

be

should

stored

products

locked

in

inaccessible to

in

cabinets

with

quake

on average

or containers

Since

the

DISPLAY MA-

displays

learning

opportunities

the

and also make

enjoyable.

more

important

provide

in

classrooms

classroom environment

However,

display

public

greater

than

6. 5

that

mate-

as

worry

the

of

buildings

Field Act

thermostat

settings

have

been

PG& E recommends

closely
thermostats be set at 78 degrees or higher

in the summer and 68 degrees or lower in

Field Act,
are

re-

the winter.

.

ener

I

our

make

While this measure conserves

gyp the thermal comfort of some oc-

cupants may not be met.

In

possible.

is little

about

integrity
the

now
as

safe

there

general,

the

schools

supply,

scrutinized.

years.

meet strict construction

standards

TERIALS

visual

to

schools

Classroom

passage of

California
quired

AND

every

four

classrooms

students.

DECORATIVE

a magnitude

cause

Because of individual thermal preferences,

to

structural

district employees may elect to place

that meet

household fans and/ or space heaters in

But what about their work area. The use of some of these

standard.

rials can also provide increased flame- the contents and components inside the appliances may be appropriate ( i. e., small
spread,

tion

fire

loading,

that nonflame

and

become

evacua-

building?

Any component of a building desk fans) provided they have been ap-

Fire regulations provide that is not part of the structure ( i. e., light proved and display the Underwriters

barriers.

retardant materials ( such

as

fixtures,

furniture,

cabinets,

computers,

paper displays) may be used so long as no TVs and stands, bookshelves, etc.) is conmore

face is

than

25%

covered

percent

with

of

the

wall

such materials.

sur-

sidered a"

nonstructural component".

Laboratory( UL) label or equivalent
certification. However, due to the poten-

tial for personal injury and property dam-

Dis-

play materials must also be located four Just as buckling an automobile seat belt age, SISC does not recommend the use of

feet from room exits and corners and provides greater safety for the occupants space heaters or other electric or gas heat-

nothing should be located overhead or of the auto, securing nonstructural com- ing devices. Space heaters have the potenhang from the

ponents promotes greater safety for the tial to cause burns; electrocution and fire

ceiling.

occupants

of a

building.

The classroom can also result from improper use.

School administrators and teaching staff instructor plays a key role in maintaining a
should be mindful of introducing flamma- safe classroom. Loose storage can create a
ble

materials

into the

classroom.

hazard if

not

properly

secured.

Instruc-

ELECTRICAL EXTENSION CORDS
The

use

and

offices

of extension

is

in

cords
and

common

be

can

However,

preferably in

area,

classrooms

safe

if

eating

in the

after

oughly
properly.
cords can pose a significant fire risk if the

used

fire

for

Requirements

both

and

single

extension

cord

extension

use,

The

current

must

not

the

Eye, nose, throat, and skin irritation.
Dizziness and nausea.

humidifiers necessarily due to air- quality problems.

appliances,

their

pose

also

Hu- Environmental stressors such as improper

risks.

unique

own

Its

very high in

to pre-

order

air quality but require different solutions.

vent microbial growth from accumulat-

fix-

or

The maintenance requirements of are similar to those associated with poor

such units are

of

capacity

appliance

ing onto the filter. If the unit is not kept Some groups that may be particularly

Cords

be in

must

good

con-

working

Cords
when

in a sanitary condition, the fan will force susceptible to effects of indoor- air conmicrobial growth or other contaminants

dition.
be

must

the

Extension

three

cords

source

for

Cords

must

tures;

appliances

prong).

permanent

the

Building

to

affixed

ceil-

walls,

•

classrooms).

as

Allergic or asthmatic individuals or

people with sensitivity to chemicals.
•

that

require

codes

be brought into

air

of outside

specified

a

People with respiratory disease.

•

people

a

or

whose immune

systems

are

suppressed due to radiation or che-

continuously while the space is ocUnlike a household environment

motherapy, or disease.

•

Pied.

doors,

under

inef-

commercial

strucspace

floors,

overall

in

used as a

wiring.

through

units

such

(

the

given

Wholly unnecessary
fectiveness of such

taminants include:

This risk is

air.

surrounding

amount

be

not

into

environments

be

not

may

extended

type

grounded

grounded

servicing

fixtures(

ing,

ing.
•

meal or special event.

electrical

other

fan.

than

ture.

or

thor-

up

Sinus congestion, cough, and sneez-

pulling water through a filter which is and psychosocial problems ( such as job or
subject to air movement by an internal home stress) can produce symptoms that

capacity

be less

rated

the

clean

•

dili-

midifiers distribute moisture in the air by lighting, noise, vibration, overcrowding,

following:

the

the

taken to

If

tub.

allowed,

All of these symptoms, however, may
In addition to posing the same issues as also be caused by other factors and are not

include

outlets,

multiple

is

HUMIDIFIERS

followed.

codes/ regulations are not

be

should

gence

a plastic storage

classroom

Contact lens wearers.

under

floor coverings; or be subject to envi- Where the air is continually re-circulated,
damage

ronmental

Extension

pact.

or

im-

physical

that

cords

pedestrian

traffic area must

ered with a

cross

a

a classroom environment is continually There are several basic methods for low-

flushing
This

be

in"

bringing
flushing

out air and

makes

continual

new" air.

any

residen-

ering concentrations of indoor- air pollut-

traffic pad.

cov-

ants.

tial humidifier ineffective.
Cords

must

be

not

in

run

a

Source management is the most effective

series

INDOOR AIR QUALITY (
cords plugged

Multiple

designed

outlet adapters are

Indoor- air
not

to serve more than

one

be

and must

grounded—

the

occupants.

have

switch— and

on/ off

an

or

to

fuse.
schools

is

health

easily
and

recognized

well-

being

of

the
the

air

pollution.

of particular

quality

near outdoor air intakes, not placing gar-

Proper bage in rooms where HVAC equipment is

concern.

safety

quality"

and

good

Snacks, treats, and lunches are common management of our investment in the
g
found

in

most

food items

though

classrooms,

care

containers and

prohibited

rarely
must be taken

longg

Al-

classrooms.

are

term

to

e
storage

g

o

f

an

infestation

be

occurs,

difficult.

trol

can

and

best practices limit
P

quite

k

application

PP

should

in

critical.

Long- term

be limited

sealed (

lunches

and such

airtight)

should

storage of

food

staff,

students,

spend
school.

extended

The

occupants
rather

and

containers.

be kept in

a

other

effects

are

than

periods

be

Student

centralized

of

often

clearly

Symptoms commonly

food

should

tions such as selecting less toxic art materials or interior P
paint than the products
P

which are currently in use.

and use of pesticides; therefore, preven- problems include:
tion is

Source substitution includes ac-

school.

Building occupants in schools include the Local exhaust is very effective in remov-

snack

gaining conRegulations

the

facilities.

avoid

items are irresistible to ants and roaches.
Once

staff, and

students,

in

Open food

insect infestations.

causing

The best prevention method is

to not bring unnecessary pollutants into
the school
building. Examples of source

maintenance ofitindoor air is more than a located, and banning smoking within the
includes
issue,

FOOD

items

control method when it can be practically

Children are especially sus- removal include not allowing buses to idle
in
Air

a

ceptible

breaker

do

subtle and

applied.

always produce

have

be

can

problems

or

appliance

Pacts

fixture

IAQ)

together),

•

people

time

of

IAQ

who

in

the

problems

vague

on

symptoms

defined
attributed

illnesses.
to

IAQ

i

ng sources of pollutants before they can

be dispersed into the indoor air, exhaustP
in g the

contaminated

known

examples

kitchens,

air

Well

outside.

include

hoods,
science lab fume hoods,

and
and

vocational/ industrial areas such as weld-

ing booths.

Headache, fatigue, and shortness of Ventilation uses cleaner ( i. e. outdoor) air
breath.

to dilute the contaminated ( i. e.
air

that

people are

breathing.

indoor)

The California Building Code requires IS It is critical that support straps are used directly related to lack of appropriate
feet

cfm( cubic

per minute) of outdoor air

and

used

In an assessment of supervision.

properly.

per occupant be continuously supplied to member district sites, it was noted that
an occupied space.
It is not uncommon such straps are overwhelmingly either not Surfacing material is the primary concern
for an instructor to operate the HVAC in use, improperly installed, or out of as it relates to the physical elements of the
in the"

system
on"

in the "
tinual

than the

auto" mode rather

on"

of outside

keeping

the

odors at

to the

air

flushed,

a

bine

keeping

and

be

allowed

han-

to

audiovisual

teachers

school

and

assist

needed

health,

should exercise good judgment whether

to allow play until the concern is addressed.

is

equipment

so

it

can

be

and well-

These com-

occupants.

in its

school

a

educating

by

moved

before

an adult

Please contact the SISC Property and Liability department at ( 661) 636- 4604 for

core

mis-

more information or guidance on any of

children.

Do

let

not

the items discussed in this Update.

students

play near TV/ AV equipment carts.
All TV/ AV carts should be secured
to the wall when not in use.

televisions

of

use

and

audiovisual

for

support

TV/ AV

advantage

of

equipment

can

and

the

injury

risk

often

of

benefits

by

posed

In

districts

more

the

some

All TV/ AV

cars mounting brackets
carts,

spected periodically.

are

classrooms,

casters capa-

and shelving units should be in-

hazards
units

large

•

audiovisual

the

contribute,

overlooked.

the risk is

as

carts with

ble of being locked are recom-

instructional

the

However,

curriculum.

By

•

equipment in the classroom can provide
excellent

By observing the items previously

•

mentioned, a district can enjoy the

substantial.

benefits televisions and other audioThere
to

AV)

three

are

install

methods

televisions/

equipment

in

used

classrooms:

(

visual equipment can bring to the

TV/

currently

audiovisual

curriculum without putting the safety
of staff and students at risk.

moveable

carts, wall- mounted brackets, and permanent

built- in

cabinets/

If the PLAYGROUNDS

shelves.

necessary safeguards are met, any of the The preceding information is intended to
three methods are appropriate. Items for guide instructors and administrators in
include the

consideration

following:

establishing
healthful

Televisions

or

audiovisua

other

and

maintaining

classroom

safe

environments.

and
How-

ever, once the bell rings, the students

equipment should not be installed proceed to the area on campus where

directly
imity

to

over

or

close

within

prox-

Whether on

a

shelf, cart,

TV/ AV

be larger

or

units

heavier

injuries

commonly

occur—

than

what

not

the

The supervision of a playground directly
affects
of

can support.

the

the

overall

safety
A

should

be

personnel.

conducted

I

playground.

play area should be de-

must be according to the manufac- signed so that it is easy
specifications.

play-

or wall

should

For wall- mounted units, installation

turer' s

the

grounds.

staff or students.

mounted,

location

Concerns should be

staff,

EQUIPMENT
The

material.

other

or

and after class.

to

displaced

ahead

plan

TV

a

stu_

TELEVISION/ AUDIOVISUAL

take

should never

a
When

for

environment

sense of comfort,

Sion—

Instructors should be mind-

overly compacted material, and overly
Students

important to
to

contributes

quality

learning

for

playground.

dle or relocate mobile TV/ AV carts. It is reported immediately and instructors
air

dents, productivity for
and

to

used

space,

bay.

area

Good indoor

being

be

should

as

mode

supply

favorable

Straps

adjustment.

Systems should be operated secure the equipment whether it is on a ful to note any areas of concern, which
to provide a conso
cart, shelf, or wall- mounted bracket.
would include:
debris, standing water,

mode.

Installation to observe the children
at
play. Young children
by qualifie

r/

y

:>

v

are constantly challenging their own abili-

ties, very often not being able to recognize potential hazards. It is estimated that
over

40%

of

all

playground

injuries

are

Safety and Loss Control
ay

SELF- INSURED SCHOOLS OF CA

& LIABILITY UPDATE

PROPERTY

FEBRUARY 24, 2012

SISC II

Periodically,

formation from

may be

that

counsel

important to

will receive

our panel
of

pass on

interest

to our

districts. Alesa Schachter,
at

Law

of

Law Offices

the

Schachter&

son,

is

member

Attorney
John-

of

public

like

would

entity

to

Lewis,

1300 17th StreetCity Centre

a

provide our

PO Box 1847

clients with an

advisory


reminder of the necessity to maintain

Phone: 661- 636A495

the
Secretary of
filing
State of the entity' s Statement of
with

a current

Facts,

required pursuant

to

Fax: 661- 636- 4418

Govern-

VISIT P& L:

ment Code section 946. 4. A failure

shared research

HTTP://

importance

concerning the
member districts
maintaining
and current

or

" Johnson Schachter&

P. L. C.,

www. jsl-

Lewis(

law. com) recently

in-

defense

6e

946. 4

GOVERNMENT CODE SECTION

information

SISC. KERN. ORG/ PL

to maintain current information

of our

with

SISC 11

Ap

STATEMENT OF FACTS REQUIRED BY

correct

could result

the

tections

of

in loss

of

the

STUDENT INSURANCE

pro-

the Tort Claims Act.

HTTP://

Secretary of State' s office. We are

SISC. KE RN. ORG/ SI


sharing this research with our member districts
current

with

the

failure

to

Statement

of

Fact

Secretary

of

State'

the

could

as

affect

adversely

Claims filed

the

keep

on

a

the Tort Claims Act entirely where

file

there

s office

defense

of

our members.

against

g

Public entities lose the protections of

has been

no

able

to

losing the

tion in the
condensed version of

prepared

Lewis is

P lete
the

co

shown

PY

forma
to

Memo

Johnson, Schachter&

of

below. For

the Memo

Statement

should

go

by

the

be filed

of

Secretary

of

our website at

Siscinembers.

that
of

Cali-

office please

http://

kern. org

P& L

I

STLIDLNT

or

protections of

iROBERT KRETZMER
DIRECTOR

where

filing is"

so

the informa-

inaccurate

incomplete that it does

substantially

the

conform

requirements of

not

to the

Section 53051.

1661. 636. 4709

D

LOW

COORDINATOR

661. 636. 4863

LILIA MORENTIN

CAROL RAY

ADMIN. SECRETARY

CLAIMS EXAMINER II

661. 636. 4495

661.636.4871

IPAT

TUMBARELLO

ELSA LARA

805. 929. 5950

CLAIMS EXAMINER II
661. 636. 4736

TY TAYLOR

as well as

the State

State

any kind.

HILDA TABORA

ADJUSTER II

CLAIMS EXAMINER I

661. 636. 4601

661.636.4206

RYAN BOURGET

SABRINA MOTEN

ADJUSTER I

CLAIMS ASSISTANT

661. 636. 4606

661. 636. 4414

ADJUSTER II

Facts form

with

a com-

of

Further, public entities are vulner-

Tort Claims Act

A

filing

ROXANN DAILEY- WEBB
ADJUSTER I
661. 636. 4848

VALARIE WAGNER
661. 636. 4694

PROPERTY &

PAGE 2

A danger lies in
allowing information in

become inaccurate

LIABILITY UPDATE

It is recommended that public enti-

a

incomplete.

ties regularly update their Statement
filing
Courts have held that claimants are entitled of Facts on file with the Secretary of
to
State. Enclosed is a copy of the form
completely ignore the
tion
the Tort Claims Act
taken from the Secretary of State' s
ininformation is too inaccurate
website for the filing of this informsto

or

claims presenta-

A

DANGER LIES

IN ALLOWING
INFORMATION IN
A FILING TO
BECOME
INACCURATE OR

INCOMPLETE."

requirements of

or

when

Helzer v. North San Diego County tion.

complete. (

Transit( 1980) 112 Ca1. App. 3d 708 [ no filing]; Wilson v.
Agency( 1977)
agency

San Francisco Redevelopment

Specifically and most importantly, the legal
name and official mailing address must be
completely accurate for all filings. Further,

19 Cal. 3d 555 [ incorrect

address].)

anytime the legal name or the official mailEven

is the California Su-

more onerous

ing address of the public entity is changed,

holding that a claimant, in
failing to file a tort claim, does not need to
show that they were confused by the public
San Francisco Reagency' s filing. ( Wilson
preme

Court' s

this filing must be updated. A change of this
nature absolutely affects the information
needed by any claimant to properly present
a tort claim to the public entity. Failure to

v.

development

Agency(

Therefore,

even

aware of
claim,

any

the

and

if

a claimant was

to

requirements

their

information

include this current information has been

1977) 19 Cal. 3d 555.)

failure

file

a

in the

protections of the Tort Claims Act are lost.

tort

was not caused

contained

held to be per se noncompliance, and the

actually

by

public

( Wilson v. San Francisco Redevelopment Agency
(

1977) 19 Cal. 3d 555.)

entity' s Statement of Facts on file with the
Secretary of State, the claimant is still ex-

cused from the requirements of filing a tort Further, anytime an election has resulted in

IT IS
RECOMMENDED

a change of board members, the chairman,

claim.

president, presiding officer, secretary, or

THAT PUBLIC

clerk, a new filing should be made updating

ENTITIES
REGULARLY
UPDATE THEIR

STATEMENT
FACTS ON

OF
FILE

WITH THE

SECRETARY OF
STATE."

While it is

clear

lion 946. 4

sets

ance" standard
ance,

that

forth
for

subdivision(

public

incomplete,

vided with a

legal

of sec-

a" substantial compli-

agency

if any information in the

curate or

b)

compli-

filing is inac-

plaintiffs are pro-

argument

that

they

are

the most current information. A proper

and timely update of this information will

foreclose any argument that claimants are
excused( under section 946. 4) from the
requirements of the Tort Claims Act in
later litigation."

excused from being required to file a tort
claim. Courts will often differ as to what is
substantial compliance" with section

53051.

This

a public

entity

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will make

to

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tort claim

difficult for

demurrer

was presented.

The above information is shared by SISC 11 Property&
Liabilityfor your consideration. Member COE's and Districts should consider consulting with their own General
Counsel should there be questions on the proper procedures

to befollowedfor updatingyour current Statement ofFacts
the
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Secretary of State.
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State of California
Secretary of State

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STATEMENT OF FACTS

ROSTER OF PUBLIC AGENCIES FILING
Government Code section 53051)

Instructions:
1.

Complete and mail to: Secretary of State,
P. O.

2.

Box 942877, Sacramento, CA 94277- 0001 ( 916) 653- 3984

A street address must be given as the official mailing address or as
the address of the presiding officer.

3.
4.

If

Office Use Only)

Complete addresses as required.
you need additional space, attach

New

Filing ®

information

on an

X 11" page, one sided and legible.

8'/"

Update

Legal name of Public Agency:

Nature of Update:

County:
Official Mailing Address:

Name and Address of each member of the governing board:
Chairman, President or other Presiding Officer( Indicate Title):
Address:

Name:

Secretary or Clerk( Indicate Title):
Address:

Name:
Members:

Name:

Address:

Name:

Address:

Name:

Address:

Name:

Address:

Name:

Address:

RETURN ACKNOWLEDGMENT TO:( Type or Print)

Date
NAME

F
I

7
I

Signature

ADDRESS

CITY/ STATE/ ZIP

L

J
Typed Name and Title

SEC/ STATE NP/ SF 405 ( REV. 05/ 09)


November 8, 2013

STUDENT FEES

Student fees have been a topic of great interest within the state for many years. In 1984 the Supreme
Court issued its opinion in Hartzell v. Connell, on which most of the recent activity has been based. As
pointed out in Hartzell, the California Constitution, Article IX, Section 5, guarantees a " free school"

within the state system of schools. In the Hartzell case, fees being charged for participation in
extracurricular activities, music, and sports programs, none for credit, were found to violate both the
constitutional provision and also Title 5 of the California Code of Regulations, Section 350, which

prohibited any fee, deposit, or other charges to students unless specifically authorized by statute.
In 2010, the American Civil Liberties Union filed a lawsuit against the state over allegations that illegal

fees were being charged to public school students. The state settled the case, subject to enactment of

legislation enforcing the settlement. When Governor Brown vetoed the legislation, the ACLU resumed
the suit, but settled again, when new legislation was proposed.

AB 1575, which settled the lawsuit, was enacted in 2012, adding Education Code Sections 49010-49013
inclusive ( copies attached). AB 1575 expressly references the Hartzell case, and indicates its rules are
declarative of existing law." This language in AB 1575 was the Legislature' s way of saying" these have
always been the rules, going back to at least 1984."

A pupil enrolled in a school shall not be required to pay any fee, deposit, or other charge
specifically authorized by law." This is supported now by the AB 1575 prohibition on fees for

Basic Rules: "
not

educational activities unless

specifically

authorized

in

statute.

Restated, these

rules seem

to mean: " If

required in order to participate, it must be provided free of charge unless a specific statute says
otherwise."

These rules prohibit requiring pupils to pay for or provide anything that is required in order

to participate in the educational program unless a fee is expressly authorized by law.
AB 1575 uses these same terms in describing components of the educational process that must remain
free.

Educational activity' means an activity offered by a school district, charter school, or
county office of education that constitutes an integral fundamental part of elementary
and secondary education, including, but not limited to, curricular and extracurricular
activities."

A security deposit or other payment to obtain a lock, locker, book, class apparatus, musical instrument,
uniform, other materials or equipment, or any other purchase the pupil is required to make to obtain
materials, supplies, equipment, or uniforms associated with an educational activity is an impermissible
fee. A" fee" is

a"

fee"

regardless of

the families' ability or willingness to pay.

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