School counselors have asked TCA whether they need to secure liability insurance to work from home. TCA reached out to the Texas Association of School Boards (TASB) for an answer. The TASB Risk Management Fund provides liability coverage to about 650 school districts, ESCs, and other education entities in Texas, including some large districts. Other districts secure liability coverage from other pools or insurance companies.
For the TASB Risk Management Fund, School Counselors would be considered covered persons if they are acting within the course and scope of their duties. This means that if your district is in the TASB Fund, and you are using technology-based platforms to perform your normal duties with students, parents, and co-workers, you would be considered a Covered Person by the Fund. Of course, coverage determinations for specific circumstances or individual claims are determined based on the facts of the claim; but, according to TASB, in our current reality and for districts who secure liability coverage through the Fund, there is no loss of status as a Covered Person for a school counselor working within your normal course and scope of duties.
We recommend you contact your district to confirm coverage before incurring additional expenses.