BASA AdminiScope, August 2020

THE NEW TITLE IX: IMPORTANT HIGHLIGHTS FOR SUPERINTENDENTS AND ADMINISTRATORS Leighann Fink, Attorney On May 6, 2020, the U.S. Department of Education released changes to Title IX regulations, effective August 14, 2020, which are designed to heighten and improve protections for victims of sexual harassment, discrimination and victims of sexual assault. K-12 schools must adopt or amend its policies to: (1) identify a Title IX Coordi - nator; (2) provide training, including training for application of “rape shield” protections to keep a complainant’s sexual history private, and post the district’s Title IX Policy and training materials on the district website, or other - wise make them available to the public; (3) notify all parents/guardians, students and employees about the Title IX Coordinator and how to file a complaint; and (4) adopt specific response and grievance procedures along with an appeal process that may be based upon investigative irregularities, new evidence, and/or a conflict of inter- est or bias. Decision-makers in K-12 schools must allow each party the opportunity to submit written, relevant questions to the other party or any witness, and allow time for answers/limited follow-up questions, prior to a final determination regarding responsibility. When a finding of responsibility is made, remedies must be provided to the complaining party. informal complaint resolution process is permissible, however, informal processing is prohibited when a school employee is alleged to have sexually harassed a student. Schools must also offer “supportive measures” to victims of sexual harassment, during and after an investigation. These include non-disciplinary, non-punitive steps to ensure on-going equal educational access, protect the victim’s safety and/or deter future sexual ha - rassment and discrimination. BIPOLAR IONIZATION: A PROMISING COVID-19 DISRUPTOR by Jacob Faiola, P.E. open-air classrooms created specifically for children infected with tuberculosis (TB). My architecture firm, SHP, was founded in 1901, so it guided clients through TB as well as the Spanish flu in 1918. While I didn’t live through either incident, COVID-19 has more than just a hint of déjà vu at our company. As it turned out, fresh air wasn’t quite the TB killer experts thought it would be—though the benefits of outdoor education for emotional, behavioral and intellectual development are now wide-ranging and well-proven. Thank - fully, science has come a long way since 1911, and one of its many gifts to society is bipolar ionization, which is showing considerable promise for reducing the spread of COVID-19. In the simplest terms, bipolar ionization disrupts a virus’s internal instructions for reproducing. A virus must merge with living cells to grow; ions, which are atoms that are either missing an electron or have one too many, prevent that from happening. When released into the airstream, ions not only disrupt virus reproduction, they also bond with dust and mold particles, making them easier for HVAC filters to trap. In addition, ions help keep cooling coils clean, improving overall efficiencies. Bipolar ion generators are easily added to new or existing HVAC systems. As such, we be - lieve it’s a solution every school should at least consider. To learn more about bipolar ionization and other techniques, such as humidity control and displacement ventila - tion for improving indoor air quality, visit shp.com or email me at jfaiola@shp.com. “Children will be provided with ‘Eskimo suits’ and will study and recite their les - sons in the fresh, life-giving air of winter, fully prepared to withstand the cold.” So read a news article in The Cincinnati Enquirer in 1911. It referred to the Schools must initiate the investigative process when any district em - ployee has notice of harassment and/or allegations of sexual harass - ment. Complaints may be filed by victims of harassment/discrimina - tion and third parties. When a formal complaint is filed, a voluntary

FIVE STRATEGIES TO REPRIORITIZE YOUR HEALTHCARE SPEND FOR 2021 Tammy Olson, Area Senior Vice President — Health & Welfare Consulting Ivette Robinson , Area Vice President — Health & Welfare Consulting As renewal planning for the upcoming year begins for many organizations, the impact of the COVID-19 pan - demic no doubt affects how employers will strategize to update their existing benefit plan designs. First, an article by Gallagher’s Michael Mousseau, Ph.D., “The Unforeseen of Quarantine,” addresses being mindful of unforeseen consequences that may contribute to reduced physical and emotional wellbeing. Balancing that with cost, another article by Gallagher’s Alex Kreibich, ASA, “Estimated Cost Implications of COVID-19 for Self-Funded Employers,” states that many routine doctor visits and elective procedures are being canceled or deferred, resulting in unanticipated cash flow for many employers in the short term, but with unknown implications on long-term costs due to reduced routine and preventive care. These articles set the stage in defining five trends for plan design approaches with lower cost projections in mind. 1. DISEASE MANAGEMENT The impact of quarantine has a very real impact on physical and emotional wellbeing of employees. The idea that stress and the potential slowing of physical activity can play a key role in medical diagnosis is not going unnoticed. Considering the potential for lower renewal dollars in the short term, plan design adjustments to help tackle key diagnosis of high blood pressure, stroke and diabetes are being considered. Options to rein - vest dollars into more robust disease management programs or through partnering with specific vendors that can help curb costs while advocating for better living behaviors for stress-related illnesses are on the rise. 2. VIRTUAL CARE ACCESS In another impact to medical plans in this new reality, more and more individuals are reluctant to physically visit a doctor’s office or hospital for non-COVID-19 concerns. The importance of accessing care remotely has had a large impact on the innovation and technological advancements of seeking care. A primary focus for many organizations is ensuring they have the right level of virtual care available to their employees by either communicating more robustly about the virtual care option currently in their plan or expanding the care op- tion all together if they didn’t previously have one. Gallagher is seeing expansion come from carrier partners and through independent vendors that specialize specifically in this type of access to healthcare. 3. VOLUNTARY BENEFITS Employers are considering new voluntary benefit offerings in light of this new environment. We’ve seen many of our carrier partners and clients remove cost shares for testing and treatment of COVID-19, while some have even adjusted the pre-authorization processes to remove barriers for those needing care. However, costs can be incurred for other expenses, and employers are turning to two options to mitigate the burden of costs: first, a hospital indemnity plan that provides employees direct payments for expenses incurred during a hospital stay. This low-cost, potentially high-impact solution is being considered especially for those with consumer-driven health plans. Second, some critical illness plans are considering COVID-19 an infectious disease, which can help pay a lump sum to those who have been diagnosed. 4. EMPLOYEE ASSISTANCE PROGRAM (EAP)

Addressing the mental health of employees during this time is more impor- tant than ever. Employers are turning to their EAP vendors as they seek to communicate and connect employees with resources to better balance the load of work, life and pandemic influences. Again, the theme of enhancing the current offering within an employer’s benefit plan design or seeking to expand an offering through a unique vendor can prove worthwhile if there’s an understanding of the natural demographics of that organization’s work - force.

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