2019 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 17 - Personnel
Subchapter 11 - Insurance
§ 6-17-1113. School Worker Defense Program

(a)

• (1) The Division of Elementary and Secondary Education shall establish a School Worker Defense Program for the protection under subdivision (a)(2) of this section of:

  • (A) Education service cooperatives;

  • (B) Education service cooperative board members;

  • (C) School districts;

  • (D) Public charter schools;

  • (E) School district board members;

  • (F) School treasurers and bookkeepers;

  • (G) School nurses;

  • (H) School secretaries;

  • (I) Substitute teachers;

  • (J) Authorized volunteers;

  • (K) Volunteers in a registered volunteers program;

  • (L) School custodians;

  • (M) Food service workers employed by public schools;

  • (N) Bus drivers and mechanics employed by public schools;

  • (O) Maintenance personnel employed by public schools;

  • (P) Each employee of the following who is required to hold an educator license issued by the division:

    • (i) A public school district;

    • (ii) The Arkansas School for Mathematics, Sciences, and the Arts;

    • (iii) The Arkansas School for the Deaf; and

    • (iv) The Arkansas School for the Blind;

  • (Q) A public charter school teacher;

  • (R) Each teacher's aide and each student teacher:

    • (i) In a public school district;

    • (ii) In a public charter school;

    • (iii) In the Arkansas School for Mathematics, Sciences, and the Arts;

    • (iv) In the Arkansas School for the Deaf; and

    • (v) In the Arkansas School for the Blind; and

  • (S) Each member of the dormitory staff of:

    • (i) The Arkansas School for Mathematics, Sciences, and the Arts;

    • (ii) The Arkansas School for the Deaf; and

    • (iii) The Arkansas School for the Blind.

• (2)

  • (A) This section provides protection against civil liability, attorney's fees, and costs of defense for acts or omissions of each employee or volunteer in the performance of his or her duties as a volunteer or his or her official duties as a school employee, including without limitation civil liability for administering corporal punishment to students, in the amount of two hundred fifty thousand dollars ($250,000) for incidents that occurred before July 1, 1999, and one hundred fifty thousand dollars ($150,000) for each incident that occurs after June 30, 1999.

  • (B) An employee or volunteer who administers corporal punishment to a child who is intellectually disabled, nonambulatory, nonverbal, or autistic is not subject to the protection against civil liability, attorney's fees, and costs of defense under subdivision (a)(2)(A) of this section.

(b)

• (1) The program is further authorized to provide limited financial reimbursement not to exceed five thousand dollars ($5,000) for attorney's fees and costs for the defense of criminal charges if the covered person is exonerated by a court of law or if all charges are subsequently withdrawn or dismissed unless:

  • (A) Withdrawal or dismissal of the criminal charges is conditioned upon termination of employment or surrender of a professional license; or

  • (B) The covered person enters a plea of guilty or nolo contendere to the criminal charges.

• (2) The School Worker Defense Program Advisory Board may authorize reimbursement under this subsection in excess of five thousand dollars ($5,000) in matters that the advisory board finds to require extraordinary attorney's fees and costs.

(c)

• (1) The cost of the program shall be paid annually out of funds in the Public School Fund that are designated for that specific purpose.

• (2) Any school districts previously covered by or moneys expended pursuant to the self-insurance program of the division or the School Worker Defense Program shall be deemed a proper expenditure of state funds.

(d) The investigation of any incident or the defense of any protected person does not waive or forfeit any immunity or authorization to provide for hearing and settling claims extended to educational entities and their personnel by the laws of the State of Arkansas.

(e)

• (1) The defense fund and protection program authorized in this section shall be a part of and administered by the division.

• (2) The division shall adopt appropriate rules necessary to carry out the purposes of this section.

(f) Any person entitled to payment under the program may appeal the decision of the division to the advisory board.