Superintendent's Memo #197-09

State seal, Commonwealth of Virginia

COMMONWEALTH of VIRGINIA
Department of Education

July 24, 2009

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Request for Report of Insurance Coverage on School Buses Pursuant to §22.1-188 through §22.1-198, §46.2-472, & §38.2-2206, Code of Virginia


In accordance with §22.1-188 through §22.1-198, Code of Virginia, the Virginia Department of Education is requesting division superintendents to certify that insurance providing the required coverage has been obtained for all vehicles to be used in transporting school children and school personnel during the period July 1, 2009, through June 30, 2010. Pursuant to §22.1-191, Code of Virginia, this certification must be submitted to the Superintendent of Public Instruction on or before August 1, 2009.

The amounts of insurance coverage for uninsured motorists must be at least equal to the limits of the liability insurance included in the policy, unless such additional uninsured motorist insurance coverage is rejected by notifying the insurer as provided in §38.2-2202, Part B, Code of Virginia. Pursuant to §22.1-190, Code of Virginia, the minimum uninsured motorist coverage of $50,000 for injury, including death, to one person; $200,000 for injury, including death, to all persons injured in any one accident; a minimum of $10,000 for damage or destruction of property in any one accident is required if the school board declines higher limits.

The EB.010 certificate (attached) requires the signature of the division superintendent, the name of each insurance company, and the signature of each company's agent. The chairman or clerk of the committee for control of jointly-owned schools holding title to, or contracting for operation of, vehicles used to transport pupils should submit certificates in the name of the committee. School divisions utilizing a self-insurance plan should submit copies of Form EB.011 (attached), and a copy of the Self-Insurance Certificate or a statement from the issuing agency (Virginia Department of Motor Vehicles) that such certificate is in effect.

Special attention is directed to the provisions of §22.1-191, Code of Virginia, concerning the date by which such insurance shall be secured and certified. Compliance with these requirements is mandatory before any state school funds can be distributed (§22.1-189, §22.1-191, and §22.1-197, Code of Virginia). The Department of Education urges you to initiate the procurement process in time to finalize the insurance contract by the end of July. Please ensure that the contract contains the coverage required for all days operated during the entire 2009-2010 school year.

Form EB.010 or Form EB.011 should be completed in triplicate; one copy to be retained by the division superintendent, one copy for the insurance agent, and one copy returned to June Eanes, director of support services, by August 1, 2009, at the address listed below. You may fax a signed copy to (804) 786-9417. Copies of these forms are attached and additional copies will be provided upon request. Questions may be directed to June Eanes at (804) 225-2037.

Return completed forms to:

June Eanes, Director
Support Services
Department of Education
P. O. Box 2120
Richmond, VA 23218-2120

PIW / JAE / aam

Attachments:

a. Certification of School Bus Insurance (Form EB.010) (Word)

b. Certification of Self-Insurance (Form EB.011) (Word)