Review Agenda Item
Meeting Date: 3/10/2021 - 6:00 PM
Category: Consent Agenda
Type: Info/Action
Subject: 13.24 Review and Potential Approval of SELF Invoice for District's contribution to Revived Liability Funding Plan arising from AB 218 Retroactive Liability imposed by law.
LCAP (Local Control Accountability Plan) Goal:
Policy:
Enclosure SELF Invoice with detailed memorandum of AB 218 assessment required to cover retroactive excess liability.
File Attachment:
Schools Excess Liability Fund Invoice AB 218.pdf
AB218 Supplemental info.pdf
Summary: AB 218, known as the California Child Victims Act, went into effect January 1, 2020. AB 218 provides a three year period during which a claim for childhood sexual assault can be filed against a school district regardless of when an event occurred. It retroactively extends the statute of limitations and "revives" expired claims. These revived claims are being filed statewide and the costs of additional litigation must be funded. The District is a member of School Excess Liability Fund (SELF), covering claims in excess of $1 million or $5 million. As a member, we agreed to pay contributions to SELF to fund excess liabilities, including those retroactively imposed by law such as AB218.

An assessment to all SELF members was conducted June 2020 and approved for $46.6 million. The District's prorated SELF contribution totals $412,624.56 to be paid in three (3) installments; 1st installment of $141,795.38 due in March 2021; 2nd installment due 3/7/2022; and, 3rd installment due 3/7/2023. The allocation covers MDUSD's additional assessed risk as a member of this JPA.
Funding:
Fiscal Impact $141,795.38 March 2021
$141,795.38 March 2022
$141,795.38 March 2023
For a total $412,624.56 over three (3) years
Recommendation: Move to Approve the invoice received from SELF for this fiscal year, for a total of $141,795.38, to cover MDUSD's portion of the SELF assessed contribution amount of the AB 218 Funding Plan for this fiscal year, to fund excess coverage for retroactive liability imposed by law.
Approvals:
Recommended By:
Signed By:
Kristi O'Connor - Administrative Assistant, Legal
Signed By:
Cesar Alvarado - General Counsel
Signed By:
Mika Arbelbide - Director of Fiscal Services
Signed By:
Dr. Lisa Gonzales - Chief Business Officer
Signed By:
Dr. Adam Clark - Superintendent