The Perils of Potential COVID-19 Litigation for California Schools

08/16/20 • 27 min

As California school districts work to safely reopen schools during COVID-19, the alarming specter of costly litigation looms, even as districts follow all state and local health and safety guidelines.
In this episode, Santa Clara USD Chief Business Official Eric Dill helps us wade through the murky liability waters brought on by the pandemic. We explore some basics about school district insurance and risk management, and the implications for students, educators and taxpayers of potential COVID-19 litigation. Plus, we'll hear how Assembly Bill 1384, introduced by Assembly Education Committee Chair Patrick O'Donnell, could provide much-needed, temporary legal protection for school districts during this most perilous time.
It's a matter of urgency, Eric explains, for legislators to act on AB 1384 before the legislative session ends.
"In public education, insurance dollars are public dollars. That same LCFF funding that goes to school districts to hire teachers, buy mobile devices, buy textbooks -- it's the same funding that we have to carve out for insurance," Eric says. "When our losses go up, our premiums go up, and that means fewer dollars are left for our core mission of preparing students for college, careers and the community. This is why everyone needs to be concerned when we are exposed to liability for doing what is a constitutional requirement."
MORE INFO and VALUABLE RESOURCES

Reopening California's Schools: A SISC and Kern CSS Discussion on Liability Issues to Consider, CASBO Summer Series Webinar
Coalition Letter from 230-plus organizations in Support of AB 1384
Letter signed by 40+ legislators urging a hearing for AB 1384
COVID-19 lawsuits: a school district worry, EdSource podcast episode
California Department of Public Health COVID-19 Industry Guidance: Schools and School-Based Programs, June 5, 2020

ABOUT OUR GUEST
Eric Dill is the Chief Business Official in Santa Clara USD; he'll begin a new role as CBO at Santa Clara COE next month. Previously Eric served for more than 16 years in San Dieguito Union HSD in several positions, including superintendent, associate superintendent of business services, director of risk management and as a loss control analyst. He began his career in private sector risk management. He is a proud graduate of San Diego State University. He also serves on the CASBO Board of Directors. Learn more about Eric in the CASBO Career Chronicle.
ABOUT CASBO

The California Association of School Business Officialsis the premier resource for professional development and business best practices for California's school business leaders. Follow at @CASBO.
About your series guide
Paul Richman is a public education advocate and consultant. Share your feedback at [email protected]. Follow at @pjr100

Reopening California's Schools: A SISC and Kern CSS Discussion on Liability Issues to Consider, CASBO Summer Series Webinar
Coalition Letter from 230-plus organizations in Support of AB 1384
Letter signed by 40+ legislators urging a hearing for AB 1384
COVID-19 lawsuits: a school district worry, EdSource podcast episode
California Department of Public Health COVID-19 Industry Guidance: Schools and School-Based Programs, June 5, 2020

Previous Episode

Back to School and Safety Planning: A View From the CBO's Chair

What are some of the vital operational elements that school business leaders must keep moving forward and aligned as their districts implement school safety and back to school plans? In this episode, Lafayette School District Chief Business Official and CASBO Vice President Diane Deshler helps us explore the ongoing work of a school business office during these days of pandemic and economic crisis.

How has her school district approached planning and navigated changing circumstances? What types of health and safety protocols are being put in place and what guidance is available if a new outbreak occurs? What are some implications for human resources and collective bargaining? And what keeps CBOs like Diane awake at night?
This insightful journey will help illuminate these and other timely topics. Plus, we'll discuss new Learning Loss and Mitigation Funds and learn about Diane's somewhat unusual (and tasty) pathway into public education and becoming a CBO.

KEY RESOURCE MENTIONED IN THIS EPISODE:
Reopening California's Schools: A FCMAT Discussion on Understanding & Planning for Federal Funding -- CASBO Webinar with Fiscal Crisis and Management Assistance Team CEO Michael Fine
OTHER VALUABLE LINKS:

Reopening California's Schools: A Discussion on Political Insights for 2020-21 -- Webinar with CASBO's Governmental Relations team, Sara Bachez and Elizabeth Esquivel
California Department of Education's Coronavirus Response and School Reopening Guidance webpage

ABOUT OUR GUEST

Diane Deshler is the Chief Business Official (CBO) at Lafayette School District, which serves about 3,500 Kindergarten through eighth-grade students in Contra Costa County in Northern California. She also serves as CASBO Vice President and has been a member of CASBO for 24 years. She is a graduate of the University of California, San Diego. Following college and working at a publishing company, Diane changed her career focus and attended professional chef school in California and Paris, France. Diane worked at Chez Panisse in Berkeley as the Pastry Chef, and at George Lucas’ Skywalker Ranch in Marin County as Head Chef. Her path to serving students started with her interest in student nutrition and school lunch. From working in school lunch to a variety of school business areas, Diane graduated from the CASBO/FCMAT CBO Mentor Program and is in her 6th year as a school district CBO.

Diane grew up in the Bay Area. She currently lives in the East Bay and has two children in college; both will attend classes through distance learning as they begin the new school year. If Diane had the opportunity for vacation, she would be spending her free time in the mountains or at the beach with her family.
ABOUT CASBO

The California Association of School Business Officials is the premier resource for professional development and business best practices for California's school business leaders. Follow at @CASBO. Discover the many critical resources, advocacy updates and professional development opportunities at www.casbo.org.
About your series guide
Paul Richman is a public education advocate and consultant. Share your feedback at [email protected]. Follow at @pjr100

Next Episode

A Local School Governing Board Perspective On The Pandemic

Veteran local school board member Xilonin Cruz-Gonzalez helps us explore the education landscape during and after COVID-19 from a local governance perspective. What has worked well? What big challenges remain? How are local school boards navigating safety and instructional guidelines and finding new ways to engage their communities in a physical-distance environment? Plus, given the natural push and pull that exists between local and state decision-making authority, we pose the question: Has California been striking the right balance during this crisis to best meet the needs of our students and communities?
Recently on the podcast we’ve highlighted important lessons learned by students, teachers, superintendents, chief business officials, state leaders and more. Xilonin, who also serves as President of the California School Boards Association, adds her insight from the local governing board perspective. She offers cautious optimism that, despite the current moment, California can ultimately achieve full and fair school funding for students. Xilonin also emphasizes the importance for boards of transparency, constant and clear communication and involving all stakeholders – plus, making decisions using an equity frame.
ABOUT OUR GUEST
Xilonin Cruz-Gonzalez has served as a school board member since 2001 in Azusa USD in Los Angeles County. She currently serves as CSBA President and has served as past president of the California Latino School Boards Association. In addition, she is the Deputy Director for Californians Together, a statewide coalition focused on the goal of better educating California’s 1.1 million English Learners by improving schools and promoting equitable educational policy. Xilonin is proud to be both a fifth-generation Azusa resident and the daughter of a Mexican immigrant. Read more about Xilonin in this interview.
MORE RESOURCES

CASBO webinars and resources related to COVID-19
Other Adventures in Ed Funding episodes:
CDPH Re-Opening In-Person Learning Framework, July
“Unprecedented times call for sharing our best work," CSBA blog article by Xilonin Cruz-Gonzalez
Coronavirus Response and School Reopening Guidance website, CDE
CSBA Distance Learning and Reopening Schools webinars: medium and large districts and small districts and county offices

ABOUT CASBO

The California Association of School Business Officials is the premier resource for professional development and business best practices for California's school business leaders. Follow at @CASBO.
About your series guide
Paul Richman is a public education advocate and consultant. Share your feedback at [email protected]. Follow at @pj

Adventures in Ed Funding - The Perils of Potential COVID-19 Litigation for California Schools

Transcript

The Perils of Potential COVID-19 Litigation for California Schools With Special Guest Eric Dill

Opening Quote:

Eric Dill, Chief Business Official, Santa Clara Unified School District:

We're working as hard as we can to open up schools as safely as we can to protect our entire community -- from our students to our teachers, to our classified staff and anybody who comes on our campus – and to do that with the specter of litigation lo