Iola ISD

I know its long but I just want to share this with everyone. A quick recap: In Feb Kelsey was told to take off her shoes in PE because the floor was newly poished. She was running in socks, and slipped and fell, breaking both bones in her lower left arm. The school sent home and accident claim form for me to file with their insurance. I used my insurance as a primary insurance, and the schools as a secondary. Im still getting bills from the doctors, so I contacted the school. This is the response I got from the superintendent at Iola ISD. Basically what he told me was yes, we were willing to take responsibility when we thought we had insurance to cover Kelsey, but now that we found out we forgot to buy insurance, it is not longer the schools problem! The total balance, after my insurance paid, and I paid my deductables is $1300.00. The school refuses to help me pay this!
Please feel free to forward this on, let everyone know how helpful the school district is when there is a problem.

From: Brandy Coneley [mailto:brandy@scarmardofoods.com] Sent: Wednesday, October 22, 2008 12:14 PMTo: ddevine@iolaisd.net
Subject: Kelsey Coneley

Hello.

This email is in regards to an incident that happened February 1, 2009. Kelsey fell during PE class while running with
socks on. She was taken to the hospital by ambulance, suffering a broken arm. I was given a copy of the schools insurance
by Cindy Bratton and was told it will act as a secondary insurance, covering what my insurance would not.

I am still receiving statements from doctors offices and the hospital stating that I have a balance. My insurance (United Healthcare)
covered their part on all 4 of the statements Im receiving. I received a letter from Ms Baca this month stating that the school is not responsible because the incident was not a UIL event. It sounds like St Joseph is calling the school directly to collect payment.

Attached is a worksheet showing the balances still owed.

I would appreciate your help getting this paid. If need be, Iola ISD can pay this directly. I feel I have been very patient with the school on this incident that was clearly the schools fault. I have taken many days off of work, losing my pay and also using my gas money to drive Kelsey to her check-ups, weekly during the first month! I feel like the school has shown no concern over what happened, aside from Mrs Bratton calling several times to check on Kelsey and expressing true concern. My insurance has done their part, paying what they should, and I have dedicated plenty of my time on this, I now need to know what action the school is going to take to help clear up this problem.

I would appreciate a response letting me know what is going to be done to help.

Brandy Coneley
Scarmardo Produce
979-779-7209 ex 17

From: Douglas Devine
To: 'Brandy Coneley'
Sent: Wednesday, October 22, 2008 5:17 PM
Subject: RE: Kelsey Coneley

Ms. Conley,
It is unfortunate that there has been a misunderstanding concerning the student accident insurance coverage in effect for the 2007-08 school year. The secondary insurance, in effect last year, only covered athletes. Iola ISD did not purchase accident insurance for non-athletes, however, parents were given the opportunity to purchase accident insurance for their children. There is no legal requirement for school districts to purchase accident insurance for students. Iola ISD is not responsible for Kelsey’s medical bills and cannot pay them. I am extremely sorry that this misunderstanding occurred, but I cannot authorize payment of her bills.
Douglas Devine
Superintendent
Iola ISD

From: Brandy Coneley [mailto:brandy@scarmardofoods.com]
Sent: Wednesday, October 22, 2008 1:53 PMTo: Douglas Devine
Subject: Re: Kelsey Coneley

Mr. Devine,

Please explain how Iola ISD is not responsible when Kelsey was told to take her shoes off during PE? This is cleary the schools fault that the incident happened. During the week of February 1, 2008, I was given a copy of a student accident claim form completely filed out by Mrs. Braaton and Coach Carrell. I also received an attached note from Mrs. Braaton stating "This is an accident claim form from the school. It's a supplemental insurance that can help cover if your insurance doesn't cover 100%. If you want to use it, just fill out the parent information part at the bottom of the form. The instructions on how to file the claim are on the back of the form. If you have any questions please call me at the school 394-2361, ext 241."
I do not understand how it is that I received the Accident Claim Form, handwritten instructions on how to use it, and now you are telling me that the school is not responsible to help pay for an Accident that was caused by a teachers poor judgment.
I am willing to continue forward with this. At this point I am not requesting reimbursement for the time off of work and other cost I incurred, just
payment for the balance of the medical bills that my insurance did not cover, as I was informed would happen.
Copies of all medical bills, completed student accident claim form and handwritten letter from Mrs. Braaton are available upon request.
I will be be waiting for your immediate response.

Brandy Coneley

Ms. Coneley,
Ms. Braaton was following procedures in place at the time of Kelsey’s injury; however, she was unaware that the supplemental accident insurance covered only athletes. At the time I thought we had supplemental accident insurance for all students. In the past Iola ISD did have accident insurance that covered non-athletes, but through an oversight it was not in effect during the 2007-08 school year.
School districts are protected by sovereign immunity from liability for students’ medical costs and other damages resulting from injury. Sovereign immunity protects the school districts from both suit and liability for damages. Furthermore, school teachers and other professional school district employees are not personally liable for an act within the scope of the employee’s duties that involves the exercise of judgment or discretion, with narrow exceptions. Thus, with rare exceptions, neither a school district nor a teacher would be liable for damages for an injury sustained by a student during a classroom activity. (Texas Education Code 22.051).
It is unfortunate that we did not carry the student accident insurance last year and it is extremely unfortunate that Kelsey suffered an accident and was injured, but Iola ISD is not liable for her medical bills. If you have any further questions concerning this matter, please, feel free to contact me.
Douglas Devine
Superintendent
Iola ISD