P.O. BOX 2120

June 8, 2001

TO: Division Superintendents
FROM: Jo Lynne DeMary
Superintendent of Public Instruction
SUBJECT: Request for Report of Insurance Coverage on School Buses
Section 22.1-188 through 22.1-198, Section 46.2-472 and Section 38.2-2206, Code of Virginia

In accordance with Sections 22.1-188 through 22.1-198,Code of Virginia, the Department of Education is requesting superintendents to certify that insurance containing the required coverage has been obtained for all vehicles to be used in transporting school children and school personnel during the period July 1, 2001, through June 30, 2002.

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 Section 38.2-2202, Part B, Code of Virginia. Based on previous interpretations, 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; $20,000 for damage or destruction of property in any one accident would prevail 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), which provides for the attachment of a copy of the Self-Insurance Certificate or a statement from the issuing agency (The Department of Motor Vehicles) that such certificate is in effect.

Special attention is directed to provisions of Section 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 (Sections 22.1-189, 191, and 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 2001-2002 school year.

Form EB.010 or Form EB.011 should be completed in triplicate; one copy to be retained by the superintendent, one copy for the insurance agent, and one copy returned to Mrs. June Eanes, director of support services, by August 1, 2001. A copy of these forms is attached and additional copies will be provided upon request. Questions may be directed to Mrs. Eanes at (804) 225-2037.