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005.28.13-10.0. Exclusions

AR ADC 005.28.13-10.0Arkansas Administrative CodeEffective: November 25, 2019

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 13. Rules Governing the School Worker Defense Program and the School Worker Defense Program Advisory Board
Effective: November 25, 2019
Ark. Admin. Code 005.28.13-10.0
005.28.13-10.0. Exclusions
10.01 The protection afforded under the School Worker Defense Program does not apply to any claims for damages which are successfully defended on the affirmative defense of governmental or statutory immunity under Arkansas law. The School Worker Defense Program may pay attorney's fees and costs for the purpose of asserting a successful affirmative defense of governmental or statutory immunity.
10.02 The School Worker Defense Program shall not provide protection, coverage or payment for the following:
10.02.1 Intentional torts committed outside the scope of employment; or dishonest or criminal acts or omissions, other than corporal punishment administered in accordance with school district policies on file with the Division of Elementary and Secondary Education. Such disqualifying acts do not include intentional acts that are reasonably committed in self-defense, in defense of another, or to prevent bodily injury to self or another;
10.02.2 Contractual damages, including back wages;
10.02.3 Acts or omissions falling outside the official duties of a covered person;
10.02.4 Violation of a court order issued by a court of competent jurisdiction;
10.02.5 Punitive damages;
10.02.6 Willful violation of a penal statute or ordinance committed by or with the knowledge or consent of a covered person;
10.02.7 Lawsuits involving desegregation related issues filed after September 14, 1993;
10.02.8 Lawsuits involving voting rights issues filed after September 14, 1993;
10.02.9 Administrative hearings or other hearings of any type unless a formal civil complaint has been filed;
10.02.10 Plaintiff attorneys' fees;
10.02.11 The payment or reimbursement of any deductible or self-insured retention included in any protection, insurance or policy purchased by a school district, association of school districts, or provided by any self-funded risk sharing pool or insurance cooperative;
10.02.12 Any and all demands, claims, suits, actions, complaints, or litigation brought by or filed by a covered entity against another covered entity;
10.03 The School Worker Defense Program shall not provide or afford any protection or defense in any form for the operation, maintenance, or use of any motor vehicle, or for any automobile claims of any type.

Credits

Adopted March 1, 2012. Amended June 15, 2014; Nov. 25, 2019.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.13-10.0, AR ADC 005.28.13-10.0
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