Member Alerts provide guidance on regulations that affect our member districts.
- Chiropractor Informational Review
Schools Insurance Authority has undertaken various initiatives to help protect the health and safety of
student athletes. It has recently hosted CIF presentations regarding new statutory coaching requirements, recommended the adoption of a more comprehensive and standardized Sports Physical Form, and urged members to require that younger, middle school athletes be required to undergo sports physical because they are at least equally vulnerable to injury as their older counterparts. These initiatives have sparked questions from Members regarding the proper use of chiropractors in their sports programs. Members have asked whether chiropractors can serve as “team doctors” and execute sports physical forms. Members have also raised concerns regarding risk exposures when licensed physicians (MDs and Dos, or duly licensed, directed and supervised physician’s assistants and nurse practitioners) are not used in such roles. This Informational Review addresses these issues.
- Issues Associated with the New FMLA Regulations
On Friday, January 16, 2009, new Family Medical Leave Act (“FMLA”) regulations go into effect. Articles and alerts have been published regarding the new regulations. However, many of these articles fail to address the interrelationship of the new regulations with the rights and obligations imposed by the California Family Rights Act (“CFRA”) or they fail to address the question of whether the new regulations are properly considered incorporated into the CFRA,1 creating questions or conflicts as to the applicable governing law. Until these issues are clarified, hopefully through further communication from California regulators, Members should carefully evaluate each leave request, reaching out for assistance or guidance with respect to questionable circumstances or leave requests, to best ensure that they are acting in accordance with the law.
- Injectable Insulin (updated)
In November 2008, Sacramento Superior Court Judge Lloyd Connelly held that California school districts were prohibited from allowing non-medical employees from administering insulin (and certain other injectable medications) to students.
- Medical Marijuana
The Compassionate Use Act of 1996 (Health & Safety Code Section 11362.5) allows minors and adults to possess and use “medical marijuana” if recommended by their physician. Health & Safety Code Section 11362.7 allows such individuals to obtain medical marijuana identification cards intended to protect
them from arrest and prosecution by state authorities. Against this background, school districts are being
forced to address new situations involving students and employees who possess or are using “medical marijuana.” This Member Alert provides practical advice for dealing with these issues.
- Student Safety Considerations
Due to budgetary and staffing concerns, as well as certain recent judicial opinions, Members have
raised questions regarding their legal obligations to protect students from harm (a) before, during and after school hours, while students are on Member-owned or controlled property, and (b) when students are coming to/leaving school, when they are not actually on Member-owned or controlled property. This Student Safety Considerations Alert outlines the certain principles for analyzing Members’ obligations, including concepts that may help address budgetary and staffing concerns, while still allowing Members to implement prudent risk management protocols. It should be freely shared by Members with their employees.