A case at Waimea Middle School that raised questions about who is responsible for accidents at public charter schools has been resolved.
The Charter School
Commission has released $75,000 in per-pupil funds for the Hawaii island charter school that had been withheld to settle a lawsuit filed after a woman tripped and fell at the campus.
The decision to redirect the school’s money alarmed school officials who said per-pupil funds are allotted to educate students, not pay liability awards. Some observers warned last month that charter schools could go bankrupt if forced to cover such payouts.
The problem arose because legislation covering the settlement specified that the school should pay it with state funds allotted for charter schools. As a result, the Attorney General’s Office, which negotiated the settlement, directed the commission to withhold the funds from the school to cover the cost.
Charter schools are considered state agencies and are covered by the state Risk Management Program for liability, property, crime and automobile insurance. But the deductible for liability cases is high: $5 million.
The Risk Management Office is authorized to settle tort claims of up to $25,000. But as of Dec. 1, cases settled for amounts between $25,000 and $5 million must be paid by the department or agency involved or the Legislature, according to Anthony Benabese, special assistant to the state comptroller.
Staff from the Charter School Commission, Attorney General’s Office and Waimea Middle School worked with lawmakers to resolve the trip-and-fall case.
“The Attorney General’s Office paid for the settlement, and now the commission will go to the state Legislature to request the funding,” said Sheryl Turbeville, communications director for the commission. “They have talked to legislators and it looks promising. It looks like it’s going to be paid out.”
The commission, which put a hold on the $75,000 last year, voted Jan. 9 to release the money.
The payout stems from a lawsuit filed in Circuit Court in November 2016 by Pamela Miller-Potter. She injured her face and teeth while on campus for an evening meeting when she tripped over a low bench where a hallway light had burned out. The settlement was reached through mediation.
Commission and school staff hope to coordinate in the future with the Attorney General’s Office to avoid similar problems.
“The next time something like this does happen, the
Attorney General’s Office needs to notify us so that we can go to the Legislature and make sure we can ask for the amount,” Turbeville said.
