3 districts sue state over law on child care

The Fort Smith, Greenwood and Van Buren school districts are suing the state over a 2009 law that requires child-care centers to purchase liability insurance.

Attorney Mitch Llewellyn Jr. filed the lawsuit Wednesday in Pulaski County Circuit Court.

The lawsuit names as defendants Gov. Mike Beebe, Arkansas Department of Human Services Director John Selig and the Humans Services Department.

The attorney general’s office had not seen the lawsuit and would not comment, said spokesman Aaron Sadler.

The school districts ask the court to declare that the 2009 law does not require a school district operating a child-care center or pre-kindergarten program to purchase liability insurance, to declare that the act does not supersede tort immunity for school districts and that child care provided by school districts does not fall under the supervision of the department, according to the complaint.

The districts also ask the court to issue a preliminary injunction so that the department cannot require the involuntary purchase by school districts of general liability insurance.

The lawsuit focuses on Act 778 of 2009 that states the intent was to enhance safe and responsible transportation of children in child care.

The act directs the Child Care and Early Childhood Education Division of the Human Services Department to develop rules setting a minimum level of general liability insurance coverage, including for transportation services, for licensed child-care centers, and licensed and registered child-care family homes.

Northwest Arkansas, Pages 12 on 02/20/2014

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