Educators Employment Liability Program: EEL Coverage for ESPs
The following are some examples of the types of situations covered by the EEL Program. In each case, your NEA EEL insurance would assist in obtaining a lawyer and paying any possible financial damages.
- Two teenage students are involved in a fight on the school bus and one is hurt. The student's parents sue the bus driver for negligent supervision on the bus.
- A child on the school bus suffers a severe asthma attack. The bus driver who administers emergency first-aid is later sued for her actions by the child's parents.
- A school bus driver is supervising a group of children entering the bus. Two of the children run into the street and are struck by a passing car. The children's parents sue the driver for negligent supervision.
- A school bus driver has a claim made against him by a student alleging sexual harassment on or around the school bus and during a field trip activity.
- A child falls from the playground swing while an aide is on playground duty. The teacher is not present at time of accident. The child suffers head injuries and requires long-term care. The child's parents file a lawsuit claiming the aide improperly carried out duties.
- An aide working a physical education class helps "spot" children in gymnastics exercises. Later, parents of two students accuse the aide of improper touching.
- A paraeducator member is informed that her employer is requiring her to check a student's feeding tube and catheter. The student is designated disabled under the Individuals With Disabilities in Education Act (IDEA). This does not require a licensed individual to perform these checks. the district's nurse provides the member with instructions on performing the procedures. The school has written approval from parents authorizing the school staff to render such services. A problem arises in performing these procedures, and the paraeducator is sued for negligence.
- Two students waiting to see the counselor get into a fight. The media specialist uses force to break up the fight and is sued for assault by the students' parents.
- A school secretary agrees to act as a chaperone for the school dance. The sound equipment falls and injures a student. The secretary is sued for improper supervision.
- The school secretary is given a verbal directive by the school principal to administer oral prescription medicine to students when the district's traveling nurse is not on campus/school premises. An incorrect dosage of medicine is inadvertently administered to the student by the secretary, and the member is sued.
- A maintenance staff person is called to the school lab when it is discovered that there are some bottles of solvents leaking. The staff person is prepared to clean the area. Suddenly, there is an explosion and fire in the lab. Several students are injured, and the maintenance staff person and lab instructor are sued for negligence.
- A night custodian encounters students walking through school after hours and ushers them off premises. The custodian is subsequently sued for threatening them.
- A maintenance staff person is putting away cleaning solvents in the storage area of the school basement and there is a sudden explosion. The resulting noxious gases and smoke enter the school ventilation system and several students are made sick from the fumes.
- A security guard wrestles a student to the ground to remove a stun gun (or some other weapon) partially concealed by a student. The student's parents charge the member with assault and battery.
- A student begins to choke and have a seizure in the hallway. There is no school nurse or other medically-trained personnel available. The security guard administers emergency first-aide, but the student dies. The member is sued by the student's parents.
Food Service Personnel
- Students in the cafeteria get into a fight and start throwing glassware. One student is cut. Two of the food service staff are sued for improper supervision.
- A cafeteria worker uses "old" canned food to prepare a school meal. Several students become ill. The cafeteria work is sued for negligence.
- A cafeteria work is supervising a student helper. The student plugs in damaged equipment and is electrocuted. The lawsuit alleges that the cafeteria worker was aware of the faulty wiring and could have prevented the accident
This is not an insurance contract. The informationpresented here is only a general description of coverage under the EEL Program. All coverages and examples noted here are subject to the terms and wording of the entire policy contract -- including the coverages, definitions, exclusions, exceptions to the exclusions, etc. -- which may vary slightly from state to state, depending upon state laws governing the general provision of insurance.