A Pulaski County circuit judge has dismissed a lawsuit filed by three western Arkansas school districts against the Arkansas Department of Human Services after the Arkansas Legislature amended a law requiring operators of licensed day care facilities to have liability insurance.
Last month, the Legislature passed House Bill 1014, which exempts state institutions that have immunity from the requirement that they have liability insurance for day care facilities.
Last week, Circuit Judge Chris Piazza granted a motion by the Fort Smith, Van Buren and Greenwood school districts and the Human Services Department to dismiss the lawsuit the districts filed against the agency in February 2014.
The House bill, now called Act 23 of 2015, amended Act 778 of 2009, which directed the Human Services' Child Care and Early Childhood Education divisions to develop rules requiring "general liability insurance for all licensed child care centers and licensed and registered child care family homes, including coverage for transportation services when available."
The 2009 bill noted its purpose was to require that day care centers that provide transportation ensure their drivers have liability insurance and training.
The districts complained in the lawsuit that since they operate day care operations, the Human Services Department had taken the position that they must purchase general liability insurance.
"To do so would destroy plaintiffs' tort immunity under A.C.A. 21-9-301, not only for their child care centers and pre-K programs, but for all of their many school activities in general," the suit claimed.
The state filed a motion to dismiss the districts' complaint in March 2014, stating that nothing in the act exempted public school districts operating child care centers from the liability insurance requirement.
While school districts have limited protection from liability, the act allows for an immune entity to carry liability insurance, the state argued. The act also did not conflict with a school district's protection from liability.
NW News on 03/25/2015