A WISCONSIN ASSOCIATION
OF SCHOOL BOARDS, INC.
POLICY PUBLICATION
ASSOCIATION OF
SCHOOL BOARDS
VOLUME 23, No. 5
DECEMBER 2005
USE OF VOLUNTEER COACHES
As districts are well aware, there is a high
degree of public interest in school athletic
programs. This interest is not only
demonstrated by attendance at school sporting
events and "discussions around town" but also
by the number of individuals wishing to serve
as volunteer athletic coaches and/or assistants.
Because coaching decisions can often
come under public scrutiny and because of
potential liability concerns, it is important for
school boards to provide clear guidance on the
selection and use of volunteer coaches. This
issue of The FOCUS will discuss the use of
volunteer coaches in school athletic programs
and related policy considerations. School
officials may also want to refer to other issues
of The FOCUS for related information,
_ _including-those dealing-with-school-volunteer programs (8/01) and extracurricular activity
staffing (12/93 and 1/94).
GENERAL CONSIDERATIONS
When utilizing volunteer coaches and
developing related school district policies and
procedures, school officials should keep in
mind the following general considerations:
Wisconsin Interscholastic Athletics
Association (WIAA) Requirements —
Whenever a WIAA member school would
like to use a coach not licensed to teach
(CNLT) for a WIAA-regulated activity, it
is required to request permission from the
WIAA using the designated form.
According to the WIAA, this form is
required to be submitted for persons who
help in any way with coaching who are not
licensed to teach in Wisconsin and have
not completed an approved coaches
education course, including volunteer
coaches.
The WIAA requires coaches not licensed
to teach to successfully complete an
approved coaches education program
within one year and prior to coaching
during the second school year. The
following do not have to take an approved
course: a student teacher while student
teaching, an individual with an
administrator's or counselor's license,
guest lecturers (one time appearance), and
anyone that has coached in an educational
institution for five or more years with-or
without a current teaching license.
Volunteer coaches are not exempt from
this requirement, according to the WIAA.
The WIAA has approved ASEP (American
Sport Education Program) as a course that
meets the education requirements for
coaches not licensed to teach. Refer to
WIAA's website (http://www.wiaawi.org)
for information about ASEP course
offerings, including online courses.
Collective Bargaining Agreements — In
assigning volunteer coaches, districts need
to be mindful of the terms of any
applicable collective bargaining
agreement. Otherwise a school district may
encounter a grievance with the union
122 W. WASHINGTON AVENUE
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asserting that the district has assigned
bargaining unit work to a non-bargaining
unit member, namely a volunteer. The
success of any such claim will depend on
the terms of the applicable agreement.
•
Criminal Background and Medical
Information — To provide for the health
and safety of students, many school
districts require criminal background
checks to be conducted on prospective
volunteer coaches before they are allowed
to work near students. Also, many
districts require volunteer coaches to
obtain a physical examination and/or
tuberculin skin test prior to working with
students just as they require employees to
do so as a condition of employment.
One way school districts obtain criminal
background information is through the
Wisconsin Department of Justice (DOJ).
To receive the necessary forms and
applicable fee information, school
districts should refer to the DOJ's website
at: http://www.doj.state.wi.us/dles/
cib/crimback.asp; write to the Crime
Information Bureau, Record Check Unit,
PO Box 2688, Madison, WI 53701-2688;
or call 608-266-5764. On-line requests
may be made by districts who have an
account with the DOJ.
National fingerprint-based criminal
history checks may be used to screen
volunteers with relevant criminal records
in accordance with provisions of the
federal Volunteers for Children Act.
Districts can obtain the necessary forms
and applicable fee information in the
same manner as outlined above regarding
criminal record checks.
•
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School District Liability — Volunteers
are immune from liability for certain acts
or omissions under state and federal laws.
For example, any public school volunteer
who in good faith renders emergency care
to a student is immune from civil liability
for his/her acts or omissions in rendering
such emergency care under section
118.29(3) of the state statutes. Health care
providers specified in section 895.48(1m)
of the state statutes (e.g., physician,
licensed athletic trainer, emergency
medical technician, nurse) who render
voluntary health care to a participant in
an athletic event or contest sponsored by
a school are immune from civil liability
for their acts or omissions in rendering
that care if all of the following conditions
exist: (1) the health care is rendered at the
site of the event or contest, during
transportation to a health care facility
from the event or contest or in a locker
room or similar facility immediately
before, during or immediately after the
event or contest; and (2) the provider
does not receive compensation for the
health care, other than reimbursement for
expenses.
The federal Volunteer Protedtion Act of
1997 provides immunity for volunteers of
nonprofit organizations and governmental
entities who are acting within the scope
of their responsibilities at the time of the
act or omission. Immunity is limited to
acts of ordinary negligence. The
protections of the act do not extend to the
nonprofit organization or the
governmental entity. Thus, a school
district may be held vicariously liable for
the ordinary negligence of its volunteers,
even if the volunteers are immune from
liability.
The Spring 2000 WASB Legal Notes
offers these ideas for reducing a school
district's potential exposure for liability
for the acts or omissions of volunteers,
including volunteer coaches.
7
(1)Make sure all volunteers are properly
trained. If a volunteer is working in an
area where there are safety issues, it is
important to ensure that volunteers are
aware of and follow all safety-related
rules. Volunteers should also know
how to act in the case of an emergency
and to whom they should report.
(2)Review district insurance policies to
make sure the district has adequate
coverage. Liability insurance should
protect against claims based upon the
negligent acts of its volunteers.
Further, it is important that the policies
cover individuals who drive their own
vehicles for school functions as well
as those who drive school vehicles.
Some districts require volunteer coaches
to sign a waiver and release from liability
agreement in an attempt to reduce the
potential for district liability. School
officials should be aware that a recent
Wisconsin Supreme Court case has called
into question the viability of these
agreements. According to the April 2005
WASB "Legal Comment", found in the
Wisconsin School News,-it-is advisable
that school districts not rely on waiver
and release agreements to shield them
from liability for personal injuries
incurred during school-sponsored
activities. Refer to the "Legal Comment"
for additional information.
•
Fair Labor Standards Act — If school
officials are considering any
renumeration for volunteer coaches, they
should keep in mind the federal Fair
Labor Standards Act (FLSA). Individuals
who volunteer to perform services for a
district are not "employees" for purposes
of compliance with the minimum wage
and overtime provisions of the FLSA.
According to the Spring 2000 WASB
Legal Notes, an individual is
a volunteer so long as the individual is
not regularly employed to perform the
same services for the district and so long
as the individual receives for his/her
services no more than expenses,
reasonable benefits or a "nominal fee". A
volunteer does not become an employee
because the district pays his/her out-ofpocket expenses incurred in providing
volunteer services or reimburses him/her
for meals or transportation expenses.
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School districts have often struggled with
the question of how large a "fee" can be
before the fee becomes more than
"nominal." The Wage and Hour Division
("WHD") of the U.S. Depat Unent of
Labor issued a letter in November 2005
that focuses exclusively on the scope of a
"nominal fee" for volunteer coaches in
the school district setting. Key factors
discussed in the opinion letter are
summarized below:
1. A nominal fee cannot be a substitute
for compensation and must not be tied
to productivity. Therefore, the fee
should not vary in relation to the
amount of time the coach spends in the
activity (e.g., do not offer an "hourly
fee"), and the fee should not vary
depending upon the success or failure
of a particular team or school activity
(e.g., the fee should not be increased
after a successful season or upon
making a round of playoffs).
2. The stipends established for different
sports may vary based on the scope of
the overall time commitment
represented by the particular activity,
taking into account factors such as the
length of the season.
3. Any significant expenses that are not
reimbursed will increase the amount of
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the stipend that may qualify as
nominal.
4. The WHD believes that the term
"nominal fee" can be equated to an
"incidental" or "insubstantial" fee. In
its enforcement activities, the WHD
will compare the volunteer stipend to
what it would otherwise cost the
school district to compensate someone
to perform those services. The WHD
will presume the fee paid is nominal as
long as the fee does not exceed 20
percent of what the public agency
would otherwise pay to hire the coach
or advisor for the same services.
According to information included in the
12/9/05 WASB Employee Relations
Review (Vol. 37, No. 10), the WHD's
guidance (particularly the 20 percent
"rule") is helpful because it is context
specific and because it appears to
authorize fees that are somewhat larger
than most school districts would have
been inclined to permit in the absence of
the guidance. "However, school districts
should know that the WHD guidance
does not have the legal authority of a
statute or formal-regulation. In particular,
the guidance is not binding on an
individual coach who may independently
attempt to challenge his or her volunteer
status in an action to recover
wages/overtime. The courts would not be
obligated to apply the WHD guidance in
deciding the 'nominal fee' issue. Further,
even the WHD could change direction on
the issue at a later time."
Compatibility of Offices/Positions — In
determining whether or not a school
board member should be allowed to serve
as a volunteer coach, districts should
consider the relationship of the volunteer
coaching position in the district to the
school board position. Each case should
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be judged on an individual basis. The
determination of whether a particular
position is compatible with the other
depends upon the application of general
principles to specific facts and the exact
duties and responsibilities of each
position. The positions may be deemed
incompatible if:
(a) one of the positions is superior to
another such that the duties exercised
under each might conflict with each
other, or
(b) the nature and duties of the two
positions are such that public policy
considerations bar one person from
discharging the duties of both.
In certain situations, the volunteer
position may be a subordinate position to
the board member that would create an
incompatibility of positions. However, in
other volunteer situations the conflicts of
interests are likely to be minimal or
infrequent such that the volunteer
position and the board member position
are compatible.
Refer to the July 2003 WASB "Legal
Comment" for additional information on
board member conflicts and
incompatibility of offices.
DISTRICT POLICY EXAMPLES
Wisconsin school boards have provided
direction for the selection and use of
volunteer coaches through separate policies
on the subject and through their general
school volunteer policies. The following are
only a few examples of such policies.
The Platteville School Board adopted a
policy in November that guides the
recruitment, selection, use, training,
evaluation and recognition of volunteer
athletic coaches. For purposes of board
responsibilities. These assignments will
be established by the head coach, with a
copy provided to the activity director and
the building principal.
policy, "volunteer" is defined as a nonemployee who contributes his/her services on
a regular basis without salary, benefit or
stipend compensation.
Recruitment and Selection of Volunteer
Coaches - The head coach, activity
director and building principal are
expected to determine together whether
or not the addition of a volunteer coach
might be necessary and beneficial to a
particular athletic program. If it is
decided to seek volunteer coaches, the
selection process will be similar to the
school district's hiring process. This
process includes approval by the head
coach, the activity director, the principal,
the district administrator and the school
board. Board approval must precede
participation by the volunteer.
Volunteer coaches must work under the
direction of the head coach or a
designated assistant. They are not
permitted to supervise students/athletes
under any other circumstance. The head
coach remains responsible for the
following activities:
a. Prescribing the practice agenda.
b. Directing and/or controlling the skill
development process.
c. Making reports to parents, guardians
or school administrators with respect
to a student/athlete's growth and
development.
d. Prescribing disciplinary action relating
to a student/athlete.
e. Excusing students from attendance or
participation in any practice or
activity.
f. The supervision of students/athletes
under his/her direction.
Treating
or securing treatment for
g.
injuries sustained by_a student/athlete.
Prospective volunteer coaches are asked
to make their interest known to the head
coach or activity director by submitting a
letter of interest and completing a
volunteer coach application. {Platteville's
volunteer coach application is enclosed
as a sample in this publication.]
Volunteer coach candidates must comply
with a background check. Approved
volunteers are required to have a TB test
and to sign a written statement
acknowledging the status and
requirements of their volunteer position.
Roles and Expectations of Professional
and Volunteer Coaches — Board policy
clarifies the roles and expectations of
volunteer coaches as well as those of the
professional coaches they work with.
According to policy, volunteer coaches
are to be assigned to help coaches provide
better instructional services to
students/athletes. Written assignments
will be established for all volunteer
coaches defining their function and
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Volunteer coaches will not be issued keys
or have access to any school facility at
any time other than when working
directly with the coaching staff.
Volunteer coaches may not serve as a
club team coach in the same sport and in
the school year during which they also
serve as a volunteer coach to the school
team.
•
Volunteer Coach Training and
Information — The district expects
volunteer coaches to attend all meetings
(i.e. training and rules interpretation
meetings) as designated for a particular
sport by the activity director.
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Volunteer coaches at the high school
level must complete an American Sport
Education Program (ASEP) certification
and first aid training to volunteer for
more than one year.
1. An application, as specified by the
district administrator, is completed and
filed with the district administrator. The
application shall include a resume' of
athletic coaching experience.
Volunteer coaches will receive all
applicable handouts and information
provided to paid coaches. If they have
any concerns regarding their role and
responsibilities, student safety, etc., they
are expected to refer them to the head
coach, activity director or the building
principal.
2. An approval for utilization of a nonteacher coach has been granted by the
WIAA and is on file in the school district
office.
Approvals for volunteer coaches shall be
limited to one coaching season. Approval for
the second and subsequent year requires a
letter of intent on the part of the volunteer
•
Volunteer Coach Evaluation and
coach and shall be on the basis of the
Recognition — According to policy, the
recommendation of the head coach in the
effectiveness of volunteer coaches will be sport and the athletic director.
evaluated at least annually. Appropriate
The school board must be formally
recognition for the volunteer coaches will advised of each volunteer coaching approval,
be provided on a yearly basis and will be according to policy, and shall have authority
coordinated by the activity directors.
to rescind approval at any time it deems such
action to be in the best interests of the school
According to a policy adopted by the
district.
Sheboygan Falls School Board, volunteer
The Unity School District is committed
assistant coaches may be utilized in all sports to using volunteer coaches from the school
operated with board approval pursuant to
community to assist in the educational
established procedures. Volunteer coaches
process, according to board policy. To help
shall be utilized_only to supplement existing,
ensure thatvolunteer coaches are utilized in
paid coaching positions as established and
an effective way, the district has developed
approved by the board, and no volunteer
these guidelines that must be followed:
coach may serve as the head coach of any
sport nor as the sole coach for any team.
Recruitment/Selection — The head coach
The utilization of any volunteer coach
will be responsible for determining the
shall be on the basis of the recommendation
need for a volunteer coach(s) and for
of the head coach for that sport and with the
requesting approval from the athletic
concurrence of the athletic director. The
director. The volunteer coach request for
recommendation of the head coach and the
approval must include a rationale,
athletic director shall be considered by the
identify any certifications needed and the
district administrator who shall have
duties to be performed.
discretion in granting approval for the
utilization of any volunteer coach. In no case
If approved, the head coach is expected to
shall approval be granted until the following
recruit the volunteer, preferably not the
conditions are met:
parent of an athlete on the team with
which he/she works. To be selected, the
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WASB'
candidate must submit an application and
be interviewed and approved by both the
athletic director and the principal. Each
volunteer coach must sign a letter stating
that he/she understands and agrees that
he/she:
will not be eligible for salary, stipend
or benefits;
will be covered by the district's
liability insurance;
will be responsible for his/her own
personal injuries;
will follow all activity policies and
procedures of the board,
administration and athletic
depaiIntent;
will
attend all inservice meetings
(5)
designed to enhance student
relationship skills as deemed
necessary by the administration
and/or athletic director;
(6) will accept direct and indirect
supervision of the head coach; and,
(7) may be dismissed at any time without
cause.
•
Relationship to Professional Staff —
Volunteer coaches may be assigned to
help coaches provide better service and
not to relieve them of their duties or
change the athlete-to-coach ratio. The
head coach shall establish a written
assignment for each volunteer coach that
outlines his/her function and
responsibilities. Volunteer coaches may
not be assigned to prescribe, direct or
control student courses of study; formally
evaluate or report to parents or
administrators regarding a student's
growth; prescribe disciplinary action;
excuse students from class or activity
attendance; conduct instruction which has
traditionally been delegated to
professional staff members without direct
coach supervision; assume the
responsibility for a student(s); or treat any
injuries except through first aid.
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Volunteer coaches are expected to refer
concerns regarding their positions and
responsibilities to the head coach, athletic
director or principal.
Evaluation - Volunteer coaches will be
evaluated at the end of the sport's season
by the head coach, athletic director and
building principal.
According to policies adopted by the
Waunakee Community School Board,
volunteer coaches generally must be approved
by the athletic director and building principal.
Volunteer coaches who provide coaching
services on a yearly or continuing basis are
required to complete a volunteer application
and must be approved by the school board. A
background check is completed on any new
volunteer who wishes to provide volunteer
service to the district. Background checks can
be waived under certain circumstances (e.g.,
if the individual has been a longstanding
volunteer in the district, the person was
formerly a district employee who left the
district in good standing).
Volunteer coaches are not permitted to
supervise students without a certified faculty
member or regularly employed (paid) coach
present, and are not given an assignment that
could not be closely supervised by the (paid)
coach in charge of a particular team (e.g.
weight training, drills in another gym or
playing field). Volunteer coaches are not
issued school keys or do not have special
access to school facilities at any time other
than when the paid coaches are present.
Volunteer coaches serve at the pleasure of the
district and may be removed from the
position by the building principal at any time.
All school volunteers, including volunteer
coaches, are covered under the district's
liability insurance policy while performing
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services authorized by the school principal or
their direct supervisor (head coach). Just as
other school volunteers, volunteer coaches are
expected to abide by the school district's
policies, rules and regulations while
performing assigned responsibilities. It is the
responsibility of the head coach to provide
volunteer coaches with an introduction to and
explanation about their roles and
responsibilities and make applicable
handbooks available to them.
POLICY PROCESSES
AT WORK
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CODE OF ETHICS FOR VOLUNTEERS
The Sun Prairie Area School District created a code of ethics for volunteers in 2004 that they
expect all volunteers in the district to follow, including volunteer coaches. The district expects
volunteers to:
1. Maintain Confidentiality
In their roles as volunteers, they may read and hear information about students that is
confidential. There may be times that a staff person may need to share confidential
information with the volunteer or a student may tell the volunteer something in confidence.
Volunteers may hear conversations between students and teachers, students and students, or
between district personnel. All of these things are confidential and should not be discussed
with others who do not have a legitimate need to know. Parents, friends and community
members may, in good faith, ask the volunteer questions about the progress or problems of a
student knowing that he/she is a volunteer. Discussion of individual students or staff, or their
actions and/or their abilities, is considered a breech of professional conduct and the
individual's right to privacy.
2. Be Reliable
Volunteers are to remember that students and staff members depend on, and appreciate, their
presence. If a volunteer will be running late, he/she should contact the school.
3. Be a Good Role Model
All faculty, staff, administrators, board members and school volunteers serve complementary
roles in promoting positive character development. In schools, as in families, children care
about our values because they know we care about them.
Volunteers serve as caregivers — respecting students, helping them succeed at the work
of school, treating each student as having worth and dignity, and enabling students to
gain a firsthand appreciation of the meaning of ethics by being treated in an ethical way.
Volunteers serve as role models — ethical persons who demonstrate a high level of
respect and responsibility both inside and outside the school setting.
Volunteers serve as mentors — providing guidance through explanation, storytelling,
encouragement of positive behavior, and corrective feedback — especially one-on-one
correction.
4. Practice Open and Positive Communication
Address any concerns or issues promptly and productively. Volunteers may contact the staff
member they are working with or the building principal to express their concerns.
Communication is the key to establishing good relationships that benefit everyone.
Each volunteer is given a copy of the volunteer code of ethics, along with a copy of the district's
school volunteer policy.