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Board reviews five-year school-based medical agreement and KSBA cannabis policy first reading
Summary
The board reviewed a five-year agreement with Cumberland Family Medical Center for a school-based satellite clinic and discussed a KSBA policy first reading on the medical use of prescribed cannabis for students; members flagged Federal Tort Claims Act implications for malpractice claims under the proposed medical provider arrangement.
The Grey County Board of Education reviewed and moved to approve a five-year school-based medical agreement with Cumberland Family Medical Center and held a first reading of KSBA policy updates on student medical use of prescribed cannabis.
On the medical agreement, a board member raised concerns about a clause that would place malpractice or tort claims under the Federal Tort Claims Act (FTCA), which changes how claimants pursue damages and removes a typical jury-trial right. The member — who identified himself as a plaintiff's attorney during discussion — explained that FTCA coverage limits a claimant's access to a jury and moves such cases to federal court, remarking that the change “severely limits a person's rights.” The board discussed termination language, including a 60-day written-notice option, and staff recommended a five-year term with the ability to cancel if necessary.
At the meeting a motion was made to approve the Cumberland Family Medical Center school-based satellite agreement for a five-year duration beginning July 1, 2024, through June 30, 2029. The motion was seconded; the transcript records the motion and second and indicates board direction to finalize the agreement.
Separately, the board considered KSBA policy and procedure updates (first reading) regarding the medical use of prescribed cannabis by students on campus. Staff noted KSBA provides policy options (allow or not allow) and districts must choose and adopt a policy before Jan. 1 under KSBA guidance. The board did not take final action on the policy at this meeting and asked staff to research other districts' practices before the next reading.
Board members asked staff to review contract language and return with any recommended amendments or clarifications, particularly about FTCA implications and termination provisions, before full implementation.
