FAQ: Risk Management, Liability, Insurance and Service

This week's question:
I am looking for some help with finding information on liability, risk
management, and insurance.  How can schools who engage in
service-learning
legally protect themselves and the student participants?


As Information Specialists at the Learn and Serve America National
Service
Learning Clearinghouse, we have started putting together a list of
questions
frequently asked by callers on our toll-free number (1-800-808-SERVe, or

1-800-808-7378). As this list has grown rapidly over time, we have
decided
that it would be helpful to share a question with its answer on a
regular
basis to the listserv. If anyone has any answers which are not addressed
in
an FAQ please feel free to share that information with the listserv, and
we
will add it to our resources as well. Just remember that the Frequently
Asked Questions list is generated in response to your questions, so
please
feel free to call our toll-free number and an information specialist
will
gladly assist in your query, or email us at serve@tc.umn.edu .


This week's question:
I am looking for some help with finding information on liability, risk
management, and insurance.  How can schools who engage in
service-learning
legally protect themselves and the student participants?


Publications:

**Note: To obtain the references cited below:
Citations identified with an ED (ERIC document) number are available in
ERIC microfiche collections at over 1000 locations worldwide; to
identify a local ERIC Resource Collection, connect to:
http://www.ed.gov/BASISDB/EROD/eric/SF.   Documents can also be ordered
through EDRS for a fee: email service@edrs.com, tel. (800)443-ERIC.
Selected ERIC Documents are available through online ordering via EDRS's

web site at: https://orders.edrs.com/Webstore/Default.cfm (If you have
access to a
college/university library they may have these items on microfiche, ask
your
librarian.)


TITLE: Kidding Around? Be Serious! A Commitment to Safe Service
Opportunities
for Young People.
AUTHOR(s): Anna Seidman; John Patterson
Abstract: This book deals with the topic of young people in service.
Based
on the belief that young people can be engaged in many valuable
community
service activities with the energy and spontaneity that is unique to
youth,
this book attempts to provide information for organizations to implement

risk management plans to protect these young people from accidents,
unruly
behavior, angry parents, accidental or intentional harm, and how to keep

young people safe and out of trouble. This book has five chapters.
Chapter 1
focuses on the risk-relevant characteristics of children and adolescents
as
well as the differences between managing risk for young people and
adults.
Chapter 2 presents a simplified discussion of general legal principles.
Chapter 3 reviews general risk management strategies, describing the
process
and tools that may enable organizations to safeguard their volunteers
and
community. Chapter 4 offers a risk management discussion of specific
laws
and issues particularly pertinent to working with young people, such as
child labor, transportation, substance abuse, and sex. Chapter 5
explores
family service projects and cooperative service arrangements.
Collectively,
this book attempts to provide channels to significantly reduce the risks

associated with young people in service. Where to Obtain this Resource:
Nonprofit Risk Management Center ; NRMC Publications ; 1001 Connecticut
Ave
NW, Ste 900 ; Washington DC 20036 ; PHONE: 202-785-3891; FAX:
202-833-5747 ;
EMAIL: info@nonprofitrisk.org ; URL: http://www.nonprofitrisk.org/


ERIC_NO: ED430134
TITLE: Off Their Rockers into Service. Connecting the Generations
through
Service Learning. Linking Learning with Life.
AUTHOR: Brandes, Beverly; Green, Rebecca
ABSTRACT: This booklet, which is intended for educators interested in
establishing service learning programs, examines the benefits,
development,
and operation of intergenerational service learning programs. Discussed
are
the benefits of intergenerational programs in view of recent changes in
family life and society as a whole. Three types of intergenerational
programs are described: young people serving older adults; older adults
serving young people (as mentors, caregivers, and volunteers); and older

adults and youths working together. Fifteen best practice
characteristics of
intergenerational programs are listed. The following aspects of
implementing
intergenerational service learning programs are examined: recruitment of

senior adult volunteers (recruitment strategies, places to find adult
volunteers, concerns of senior adult volunteers); liability issues (risk

management procedures, the importance of screening volunteers, other
liability reduction strategies); orientation and training (strategies
for
training senior adults and youths separately and together, attributes of

older adult learners, building intergenerational understanding); program

implementation (assessing needs for service, engaging community
partners,
helping the generations reflect together); seven successful
intergenerational service learning projects; possibilities for classroom

learning (social studies, language arts, mathematics, physical
education,
technology education); and program evaluation. Concluding the booklet
are
the addresses of eight organizations with information on service
learning
and intergenerational programs. Where to Obtain Resource: National
Dropout
Prevention Center, College of Health, Education, and Human Development,
Clemson University, 209 Martin Street, Clemson, SC 29634-0726; Tel:
864-656-2599; Web site: http://www.dropoutprevention.org


ERIC_NO: ED430127
TITLE: Administrator's Guide to Service Learning. Linking Learning with
Life.
AUTHOR: Wright, Jan
ABSTRACT: This booklet, which is addressed to school administrators,
examines the principles of service learning as a way of teaching rather
than
just another program and explains how administrators can customize
service
learning to the unique characteristics of their own schools and
communities.
The booklet begins by defining service learning as a delivery system
that
can be used as a central organizing principle for helping students
achieve
personal and social growth and prepare for the world of work and
citizenship
while achieving the school's curricular goals. Discussed in a section
devoted to administrative issues are the following topics: the special
problems of scheduling service learning in secondary schools; options
for
reducing transportation costs associated with service learning; funding
opportunities; and liability concerns and risk management strategies.
The
following educational issues are considered: professional development;
ways
of integrating service learning into the curriculum; student assessment
in
classroom and nonclassroom settings; and program evaluation. Examined in
a
section on support issues are the following topics: building an
infrastructure, public relations, and community support and involvement.

Concluding the guide are brief descriptions of the services provided by
three national organizations: the National Service-Learning
Clearinghouse,
Corporation for National Service, and National Dropout Prevention
Center.
Where to Obtain Resource: National Dropout Prevention Center, Clemson
University, College of Health, Education, and Human Development, Clemson

University, 209 Martin Street, Clemson, SC 29634-0726; Tel:
864-656-2599;
Web site: http://www.dropoutprevention.org



ERIC_NO: ED387198
TITLE: Community Colleges and Service Learning.
ABSTRACT: The service learning instructional methodology integrates
community service with academic instruction and seeks to address local
needs
and develop students academic skills, sense of civic responsibility, and

commitment to the community. The following elements are important for
effectively organizing a community college service learning program: (1)

start small; (2) identify key faculty who are interested in integrating
service into their existing courses; (3) get help from faculty,
administrators, service learning teams, and volunteers; (4) conduct a
community needs survey or resource inventory; (5) promote the program
through student publications and word-of-mouth; (6) create a custom-made

service learning program that fits local needs; (7) celebrate successes
by
expressing appreciation to students, faculty, and local supporters; (8)
form
partnerships with community agencies; (9) incorporate critical
reflection
for students into the program via journals, group discussions, or other
methods; and (10) incorporate evaluation methods that measure changes in

students' attitudes toward community service and their coursework. Other

considerations include ensuring adequate legal coverage for off-campus
activities and establishing a strong infrastructure of financial and
administrative support to sustain the program. Funding options include
grants from state departments of education or local corporate
foundations,
federal money, grants from the Campus Compact Center for Community
Colleges,
or alumni. (Lists of service learning publications and organizations and

information on the American Association of Community Colleges' service
learning



ERIC_NO: ED419982
TITLE: Managing the Risks of Work-based Learning: A Resource Guide.
ABSTRACT: This guide examines a process for managing the risks to
students,
schools, and employers when students go into the workplace. The guide
was
created for the following purposes: to aid schools and employers to be
better informed about the necessity and the means of protecting students

from harm; to encourage more employers to provide work-based learning
opportunities; and to help school districts devise risk management plans

that address work-based learning and service learning. The guide is
organized in three sections: (1) "Identifying and Managing Risks to
Students"; (2) "Identifying and Managing Risks to School Districts"; and
(3)
"Identifying and Managing Risks to Employers." The third section
includes
state profiles of work-based learning risk management strategies.
INSTITUTION_NAME: National School-to-Work Opportunities Office,
Washington,
DC. http://www.stw.ed.gov


ERIC_NO: ED429230
TITLE: Nebraska Work Based Learning Manual. Planning and Implementation
Guides for Educators, Employers, Policymakers, and Parents.
ABSTRACT: This manual contains a series of 10 detailed guides for school

practitioners who are beginning to create work-based learning programs
at
their schools. Work-Based Learning Overview defines the different
elements
of work-based learning and describes the roles of program participants.
Program Planning Guide offers suggestions about how to plan programs,
who to
involve, and what key steps to take in implementing those plans.
Marketing
and Work Site Development Guide contains ideas for identifying and
establishing contact with potential employers, setting up learning
experiences, and evaluating program activities. Career Guidance and
Counseling Guide offers suggestions for helping students identify career

interests and aptitudes, developing learning objectives, and assessing
student learning. Career Awareness Activities Guide describes three
examples
and includes sample forms for setting up each activity. Career
Exploration
Activities Guide describes four examples and includes sample forms.
School
Site Career Preparation Guide describes eight activities and provides
sample
forms. Work Site Career Applications Guide describes nine applications
and
provides sample forms. Work-Based Learning Legal Issues Guide covers
insurance, health and safety, transportation, and labor laws as they
affect
the planning of work-based learning opportunities.


ERIC_NO: ED407153
TITLE: Light the Way for Kids: School Volunteer Resource Guide.
ABSTRACT: When community members volunteer for young people, they forge
pathways of knowledge and compassion, and gain a better understanding of
the
mission and challenges of the schools. Youth service-learning programs
that
give high school and middle school students the chance to work with
younger
students or on community projects also leave lasting impressions of the
benefits of volunteering, the gift of self. This resource guide to help
schools start or enhance their volunteer programs is distributed by
Volunteer-A-Thon, a community outreach project of Wisconsin Public
Television (WPT) The guide is in three parts. Part 1, "Volunteer-A-Thon
Participation," gives an overview of the program, lists ideas for school

participation in the program, and contains sample forms. Part 2, "Adult
Volunteers in the School," presents a step-by-step process for starting
a
volunteer program, and includes a sample design and organization for a
volunteer program. This section also provides guidelines for teachers'
use
of volunteers, suggests ways to give recognition to volunteers, lists
ideas
for family and retired persons volunteering, describes student mentoring
and
intergenerational programs, and outlines risk management. Part 3, "Youth

Service-Learning," describes opportunities for student volunteerism,
including the Learn and Serve American grants; core elements of
effective
service-learning activities; integrating service learning into the
curriculum; outcomes of youth service-learning; and tips for organizing
a
youth service-learning program. Appendices include a
family-community-school
partnership project directory for Wisconsin and a checklist of practices
and
programs to encourage family and community support of children's
learning.
Where to Obtain Resource: Wisconsin Department of Public Instruction,
125
South Webster Street, Madison, WI 52702; phone: 800-441-4563.


Online Publications

http://nonprofitrisk.org/csb/csb_ins.htm#instop
Because you may be sued, even if you have done nothing wrong, insurance
can
save your program and the people involved in it from financial disaster.

Moreover, insurance provides a source of recovery when program
activities
cause harm. Without insurance your program may not be able to do the
right
thing when someone gets hurt.  As a preliminary guide to insurance, this

booklet summarizes the most common types of coverage for
community-serving
organizations. While this booklet provides a foundation for buying
insurance, to obtain adequate coverage you will need to work with an
agent
or broker to choose the best policies.

http://nonprofitrisk.org/csb/csb_mgv.htm#intro
Volunteers' rights! While those words have not become an advocacy
slogan,
volunteers do indeed have rights. Failure to respect them is both bad
management and grounds for a lawsuit. To help you comply with laws
pertaining to the management of volunteers, this Community Service Brief

provides guidance regarding some of the most common legal issues that
arise
in the management of volunteers. Discrimination, workers' compensation,
child labor, and taxation receive attention here.


http://nonprofitrisk.org/csb/csb_mze.htm#mzetop
This booklet is designed to help the administrators of community-serving

agencies negotiate the legal maze of volunteer service. To do so, these
materials are intended to help nonprofit organizations become aware of
the
existence of laws that may affect their volunteer staff and to guide
these
organizations away from activities that could amount to an unintentional

violation of state or federal law. In addition, the information here may

help to educate those who can effect changes in the laws that
inappropriately limit the use of volunteers.



Organizations:

The Nonprofit Risk Management Center
http://nonprofitrisk.org
Risk management is about managing resources wisely, protecting clients
from
harm, and safeguarding assets. Risk management recognizes and responds
to
dangers that interfere with nonprofit services and operations. It is
more
than just insurance; insurance is a safety net and only one tool of many
in
an effective risk management program. Effective risk management
identifies
threats, controls loss (preventing loss and reducing the severity should
a
loss occur), safeguards against unauthorized use of funds, protects
against
injury, and takes appropriate action to ensure legal compliance. Because
no
amount of prudence can eliminate every possible danger, it also offers
tools
for financing loss. We help nonprofit staff and volunteers control risks
so
they can focus on their missions. Nonprofit Risk Management Center; 1001

Connecticut Avenue, NW; Washington, DC 20036; Phone: (202) 785-3891 -
Fax:
(202) 296-0349


The Public Agency Risk Managers Association (PARMA)
www.parma.com
PARMA was formed for the purpose of facilitating the exchange of ideas
and
innovative approaches toward risk management programs in governmental
agencies. PARMA's primary goals are to provide a forum for communication

among public agency risk managers and continuing professional education
in
the many challenges of public agency risk management. The Public Agency
Risk
Managers Association; Rick Buys, President; 1911 San Miguel Drive, #200,

Walnut Creek, CA 94596; PH: (925) 943-1100; FAX: (925) 946-4183; E-MAIL:

rbuys@parma.com

University Risk Management & Insurance Association
http://www.urmia.org
University Risk Management & Insurance Association shall -
1) Provide higher education's forum for the exchange of risk, insurance
and
benefits information.  2)Encourage the use of of common concepts and
practices and the implementation of a risk and/or employee management
program. 3) Provide opportunities for familiarizing members with current

developments in related industries. 4) Develop and maintain interest in
continuous improvement of the principles and practices of risk,
insurance,
and employee benefits management and corporate loss control in higher
education. 5) Foster and maintain the pursuit of risk management
functions
as a profession with professional ideals and standards.
University Risk Management and Insurance Association; Two Wisconsin
Circle,
Suite 1040; Chevy Chase, MD 20815; Tel: 301-718-9711; Fax: 301-907-8893;

E-mail: URMIA@uimc.com

We hope this information is helpful.  Thank You.

Andrea Roufs and Charles Cook
Information Specialists
Learn and Serve America
National Service-Learning Clearinghouse
1-800-808-7378
http://umn.edu/~serve

**If you need assistance implementing service-learning programs, have
questions, or simply want to speak with someone who has "been there,"
you can utilize the Learn and Serve America Exchange as a resource. For
more Information contact: 1-877-LSA-EXCHange (toll-free) or
www.lsaexchange.org.