(a)
- (1) 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.
- (2) The program may pay attorney’s fees and costs for the purpose of asserting a successful affirmative defense of governmental or statutory immunity.
(b) The School Worker Defense Program shall not provide protection, coverage, or payment for the following:
(1)
- (A) 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.
- (B) Such disqualifying acts do not include intentional acts that are reasonably committed:
(i) In self-defense;
(ii) In defense of another; or
- (iii) To prevent bodily injury to self or another;
- (2) Contractual damages, including back wages;
- (3) Acts or omissions falling outside the official duties of a covered person;
- (4) Violation of a court order issued by a court of competent jurisdiction;
- (5) Punitive damages;
- (6) Willful violation of a penal statute or ordinance committed by or with the knowledge or consent of a covered person;
- (7) Lawsuits involving desegregation-related issues filed after September 14, 1993;
- (8) Lawsuits involving voting rights issues filed after September 14, 1993;
- (9) Administrative hearings or other hearings of any type unless a formal civil complaint has been filed;
- (10) Plaintiff attorney’s fees;
(11) The payment or reimbursement of any deductible or self-insured retention included in any protection, insurance, or policy:
- (A) Purchased by a school district or association of school districts; or
- (B) Provided by any self-funded risk-sharing pool or insurance cooperative; and
(12) Any and all demands, claims, suits, actions, complaints, or litigation brought by or filed by a covered entity against another covered entity.
- (c) The School Worker Defense Program shall not provide or afford any protection or defense in any form for:
- (1) The operation, maintenance, or use of any motor vehicle; or
- (2) Any automobile claims of any type.