State: Dismiss suit by school districts

State attorneys have asked Pulaski County Circuit Court to dismiss a lawsuit filed by three school districts against the state Department of Human Services and its director, John Selig.

In a brief filed Thursday with the request for dismissal, state attorneys argue that the Child Care Facility Licensing Act gives the department authority over all child-care facilities, including those operated by publicschool districts. Act 778 of 2009 requires all child-care centers to carry liability insurance.

The state attorneys, Mark White and Erasmo Reyes, state that nothing in the act exempts public school districts operating child-care centers from the liability insurance requirement. The state attorneys state that while school districts have limited protection from liability, the act allows for an immune entity to carry liability insurance. They argue that the act does not conflictwith a school district’s protection from liability.

The Fort Smith, Greenwood and Van Buren school districts filed the lawsuit in February. The school districts, through their attorney Mitch Llewellyn, asked Pulaski County Circuit Court to declare that Act 778 does not apply to a school district operating a child-care center or pre-kindergarten program.

Llewellyn has said the school districts are concerned they will waive their immunity from liability ifthey are required to purchase liability insurance.

The intent of Act 778 was to enhance safe and responsible transportation of children in child care.

The act directed 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 11 on 03/15/2014

Upcoming Events