Risk Management Advisories
SCHOOL COUNCILS / PARENT GROUPS
1. PARENT GROUPS
Parent groups play a significant role and contribute to the success of many
school functions through their volunteer efforts. This contribution is recognized
through the school board's liability policy which extends coverage to members
of parent groups while they are acting within the scope of their duties on behalf
of the school board. Duties are those assigned by any authorized employee or
trustee. Coverage is extended to volunteer parents involved in activities which
are approved and controlled by any authorized employee or member of the board.
The person authorizing the activity must assume responsibility for it and the
activity must be in accordance with board policies and procedures. Thus if a
member of a parent group were sued because of alleged negligence arising out
of their duties for the board, the OSBIE policy would provide protection.
The parent organizations require their own liability insurance as protection
against being named in a law suit for activities of the group that independent
of a school and are not directed by a school employee or trustee. Activities
such as conventions, social outings of the parent group, independent fund-raising
events, etc., would not fall under the board's liability insurance.
The Ontario Home & School Association and the Federation of Catholic Parent-Teacher
Associations of Ontario both have made liability insurance available to their
membership. Parent groups should investigate the feasibility of obtaining liability
insurance for their organizations for activities that are not under the jurisdiction
of the school board.
2. SCHOOL COUNCILS
School councils are deemed to be formed for the sole purpose of providing advice
to school staff. Members of school councils are protected by the boards' liability
insurance for lawsuits while they are working within the scope of their mandated
duties for the board.
Since the Ministry of Education and Training issued its Policy/Program Memorandum
No. 122 on April 12, 1995, a mandate to form school council advisory organizations,
the OSBIE office has received a number of questions regarding insurance coverage
for School Councils.
To help to clarify the matter of insurance protection, the remainder of this
bulletin is written in a question and answer format. It is recommended that
this bulletin be copied and distributed to all interested parties
- Are school councils protected by the board's liability
insurance while they are working within their mandate to provide advice to the
principal?
- Yes. School councils are
mandated by the Ministry of Education & Training to provide advice to principals
on a variety of issues. While the members of the council are performing their
duties as outlined by the Ministry of Education and Training for the board,
they are deemed to be working within the scope of their duties (to provide advice
to the principal), and are an insured as defined in the liability policy.
- What if school councils go beyond their mandate to provide
advice? What if they become involved in some of the fund-raising activities
that were previously run by parent groups? Does the board's liability insurance
protect them in these circumstances?
- It depends.
- YES, they are protected IF the school council members are "working
within the scope of their duties for the board as assigned by an authorized
board representative". For example, if a school principal organized a fund-raising
activity and the school council members were asked to assist with the event,
insurance protection would be provided to those members who volunteered.
- NO, IF the school council members involve themselves in a fund-raising
or other activity on their own and outside of the control of the school or board,
the members are not protected by the board's liability insurance policy. For
example, if a school council decided to hold a Christmas social, a family social
event, conduct a craft sale, orchestrate programs not provided by schools, etc.
on its own, coverage is not extended by the board's insurer.
- If my school council is willing to volunteer its time
and energy to run a series of fund-raising events, why must we have the board's
support and input on our plans? If my school council decides to run a program
on school premises, after school for the benefit of children and families in
the community, why does the board have to be involved in setting up the program
and outlining the rules for operation in order for me to be covered by the board's
insurance? The board is obstructing our creativity by imposing rules? Is it
fair for the board to withhold insurance protection if we don't follow the board's
rules.
- Yes, it is fair. The board
has a high onus to ensure that any activity in which it or its representatives
are involved is conducted in a safe manner. A board develops procedures and
policies with respect to various activities with safety in mind. Safety and
security must have priority when it comes to any school activity. Matters such
as accommodations, equipment, supervision, training, appropriateness of the
activity, etc. must all be addressed before an activity is undertaken. School
officials have developed policies and procedures to ensure safety for students
and others. To disregard these policies and procedures may lead to injury and
to losses.
A liability insurance policy issued to a school board provides protection to
the school board and to other interests while they are acting within the scope
of their duties on behalf of the board. The insurer protects the board and others
for activities within the control and jurisdiction of the school board. If the
activity is outside of the jurisdiction of the school board, then coverage is
not provided for that activity. A board is not obligated to assume responsibility
for an activity independent of a school even if the school might be the beneficiary.
Therefore, it is fair for the board to advise school councils that if they
run activities outside of the board's jurisdiction, they must purchase their
own insurance that would respond to claims brought against them arising out
of their events. They cannot be deemed to be working within the scope of duties
for the board if they are not involved in a board controlled activity.
- If the school council is given permission to use a school
gymnasium for an after-school program that the parents are running, are the
parents protected by the board's liability insurance?
- No.
If the school council is simply using the school gym to operate a non-school
activity, the group would require it's own liability insurance for the activity
they are running. They would be in the same position as other users of school
premises, and should provide liability insurance for their activities on the
board's premises.
- Do school councils require their own liability insurance?
- Yes, they do if they engage
in any activities beyond their assigned duties. School councils will inevitably
be involved in personal activities that are not under the jurisdiction of the
school. Activities such as providing after-hours child care, running music programs,
or organizing a Christmas party or other social activity for the council members
would need to be insured by the school council's insurance.
- Can school councils purchase liability insurance from
OSBIE?
- Yes, coverage for school councils can be arranged on behalf of the councils by the Board. Councils cannot purchase directly from OSBIE, however, in the event they are interested in this coverage, they should contact their school board office for further details.
(REVISED 2010) E&OE
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