§ 6-17-1113 - School Worker Defense Program. - Arkansas Statutes

6-17-1113. School Worker Defense Program.

(a) The Department of Education is authorized and directed to establish a School Worker Defense Program for the protection of:

(1) Education service cooperatives;

(2) Education service cooperative board members;

(3) School districts;

(4) School board members;

(5) School treasurers and bookkeepers;

(6) School nurses;

(7) School secretaries;

(8) Substitute teachers;

(9) Authorized volunteers;

(10) Volunteers in a registered volunteers program;

(11) School custodians;

(12) Food service workers employed by public schools;

(13) Bus drivers and mechanics employed by public schools;

(14) Maintenance personnel employed by public schools;

(15) Each employee of:

(A) A public school district;

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

(C) The Arkansas School for the Deaf; and

(D) The Arkansas School for the Blind,

who is required to hold a teaching certificate issued by the department;

(16) Each teacher's aide and each student teacher:

(A) In a public school district;

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

(C) In the Arkansas School for the Deaf; or

(D) In the Arkansas School for the Blind; and

(17) Each member of the dormitory staff of:

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

(B) The Arkansas School for the Deaf; or

(C) The Arkansas School for the Blind,

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 civil liability for administering corporal punishment to students, in the amount of two hundred fifty thousand dollars ($250,000) for incidents which occurred prior to July 1, 1999, and one hundred fifty thousand dollars ($150,000) for each incident which occurs after June 30, 1999.

(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defense of criminal charges if the covered person is exonerated by a court of law or if all charges are subsequently withdrawn or dismissed unless such withdrawal or dismissal is conditioned upon termination of employment.

(2) The School Worker Defense Program Advisory Board may authorize reimbursement under this subsection (b) 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 department 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 department.

(2) The department shall adopt appropriate rules and regulations necessary to carry out the purposes of this section.

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