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[DO: Risk Management Policy]

General Responsibility

Responsibility for risk management is delegated to the Superintendent of Schools and his/her designees. The Superintendent may, subject to Board approval, retain the services of such consultants and attorneys as are necessary to protect the interests of the District. Risk management includes the procurement and management of an appropriate insurance or self­ insurance program, attendance at hearings, the management and settlement of litigation, and the effort to reduce risk in the operations of the District. It is the intent of this policy to neither expand nor contract the general duty of care that the District owes its students, employees and the public.

Settlement Authority The Superintendent or their designee is hereby authorized to represent the District in litigated matters and, when appropriate, to negotiate a settlement on behalf of the District. The Superintendent shall be authorized to settle all claims other than personal injury claims up to a sum of $25,000, and all personal injury claims, without Board approval, provided the settlement is within the budgetary constraints imposed on the District. Nothing in this delegation of authority shall preclude the Superintendent from seeking the prior advice, counsel, or approval of the Board in those matters if they deem appropriate.

The settlement of all non-personal injury claims in excess of $25,000 shall require the approval of the Board. Such settlements shall be either pre-authorized by the Board or negotiated subject to Board approval. The Superintendent shall not enter into any settlement, which alters Board policy or binds the members of the Board without approval of the Board.

Communication with the Board

The manifest submitted to the Board shall clearly indicate when a proposed expenditure is in settlement of a claim or litigated matter. In addition, when a settlement is proposed that involves a matter of public record the Superintendent shall provide the Board with timely notification of the nature of the matter and its resolution. The Superintendent or his designee shall also report to the Board on no less than a quarterly basis as to the status of the District's risk management issues, and make timely recommendations to the Board as to how it can best manage and reduce risk in the District.

History: Revised from 2004

First Reading Policy Committee: June 5, 2024 Second Reading and BOSC Adoption: June 12, 2024