DUE PROCESS DEFENSE INSURANCE PROGRAM

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1 Attachment 11.2 DUE PROCESS DEFENSE INSURANCE PROGRAM Presented by: Tom Boobar, MBA, MS, CSP, REHS Area Vice President Arthur J. Gallagher Risk Management Services, Inc. 15 Enterprise, Suite 200, Aliso Viejo, CA T License #

2 E L D O R A D O C O U N T Y C H A R T E R S E L P A G A L L A G H E R S P U B L I C E N T I T Y & S C H O L A S T I C D I V I S I O N Formalized in 1999; the largest niche within Gallagher The only broker with specialized resources: Risk management & Enterprise risk management Risk control consultants Specialized risk control HPR, property, security, HE Claims consultants Online resources & data management Over 300 sales and service professionals in 25 offices Clients include cities, counties, k-12 schools, special districts, state governments & pools G A L L A G H E R I S C O M M I T T E D T O C H A R T E R S C H O O L S Support 975 charter schools with the CharterSafe Program Involved in National Charter School Association and State Associations Trainers & Curriculum Advisors for ARM (IIA), National Alliance, Charter School Authorizers Recognized for our ethical behavior 2

3 S F U S D C O V E R A G E Defense sublimit for non-monetary claims stemming from Individual Education Plans Carrier Darwin Select Insurance Company which is Part of Allied World ( AM Best Rating A XV non-admitted claims made policy Limits Sublimit $100,000 Each Claim $200,000 Per Claim Aggregate $100K / $200K agg POLICY LIMIT DARWIN INSURANCE per claim/aggregate $5,000 $0 SELPA CHARTER MEMBER responsible per claim DEDUCTIBLE Student Count Annual Premium $1, $2, $2,500 1,000 2,500 $3,000 2,500 + $3,500 3

4 E L D O R A D O C O U N T Y C H A R T E R S E L P A U N D E R W R I T I N G A N D P O L I C Y I N F O R M A T I O N One page application Rating based on student count (will also consider % of special education population in rating if necessary) Actuarial study will be specifically performed on this program annually to determine the viability of rate based on loss experience. A customized experience modification will be developed for member schools after the first year of participation. Each member will be evaluated individually on an annual basis to determine if premiums or deductibles need to be raised/lowered. This will be closely coordinated with the Legal Team and SELPA staff. Program will be written with a master policy with all participating members listed by endorsement and separate policy numbers issued for each. R E P O R T I N G O F C L A I M S A dedicated Gallagher Claims Team can report all claims to AWAC claims Dept in CT on behalf of member schools Dedicated Legal Counsel: Pre-approved counsel status confirmed subject to firm names and resumes with rates for partners, associates and paralegals A D M I N I S T R A T I O N O F P R O G R A M Arthur J. Gallagher will be Broker of Record and administer the program from our Orange County Public Entity office with coordination from the SELPA and Legal Team. R I S K M A N A G E M E N T G U I D E L I N E S A comprehensive toolkit will be developed in coordination with our Legal Team and the SELPA team. 4

5 S F U S D D E F I N I T I O N O F A N I E P C L A I M (ie. IEP Claim means a Claim under the Individuals with Disabilities Education Act or any similar state statute, whether brought as a due process hearing, mediation, arbitration or lawsuit to address a dispute between the Named Insured and a student of the Named Insured, or the parent or guardian of a student of the Named Insured, concerning: the Named Insured s proposal of, or refusal to initiate or change the identification, evaluation or provisions of, an Individual Education Plan ( IEP ) for such student; the implementation of the IEP for such student; the educational placement of such student; or the provision of a free appropriate public education. 5

6 E L D O R A D O C O U N T Y C H A R T E R S E L P A P R I M A R Y T E A M TOM BOOBAR Team Leader ALEX KANT Co- Team Leader NATALIE BATES Account Executive STEFANIE SALAZAR Account Assistant DENISE SIMPSON, JD Insurance Compliance STEVE BECK, CPCU, ARM-P, CRM, CIC Claims Review MARK EASTMAN Legal Advocate LEGAL TEAM DAVID GIRARD Legal Counsel TOM PERAIC Legal Counsel CHARTER SELPA TEAM VICKI L. BARBER, Ed.D Superintendent El Dorado County DAVID TOSTON Executive Director AMY ANDERSEN Director 6

7 S F U S D 7

8 E L D O R A D O C O U N T Y C H A R T E R S E L P A 8

9 N O T E S 15 Enterprise, Suite 200 Aliso Viejo, CA T F

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