5.02 The School Worker Defense Program is authorized, subject to governmental or statutory immunity and any exclusions or rules set forth herein, to protect any of the entities and individuals listed in Section 5.01 of these rules against civil liability, attorney's fees, and costs of defense for acts or omissions of each employee, authorized volunteer or volunteer in a registered volunteers program in the performance of his or her duties as a school volunteer or his or her official duties as a school employee, including civil liability for administering corporal punishment to students, in the amount of: 5.02.1 Two hundred fifty thousand dollars ($ 250,000) for incidents which occurred prior to July 1, 1999; and 5.02.2 One hundred fifty thousand dollars ($ 150,000) for each incident which occurs after June 30, 1999. 5.02.3 An employee or volunteer who administers corporal punishment to a child who is intellectually disabled, non-ambulatory, non-verbal, or autistic is not subject to the protection against civil liability, attorney's fees, and costs of defense.

4.11 A school district that authorizes the use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or a school administrator and only in the presence of a school administrator or his or her designee, who shall be a teacher or an administrator employed by the school district. 4.11.1 "Teachers and administrators" means those persons employed by a school district and required to have a state-issued license as a condition of their employment. 4.11.2 Any teacher or school administrator in a school district that authorizes use of corporal punishment in the district's written student discipline policy may use corporal punishment, provided only that the punishment is administered in accord with the district's written student discipline policy, against any pupil in order to maintain discipline and order within the public schools.

(2)

• (A) This section provides protection against civil liability, attorney's fees, and costs of defense for acts or omissions of each employee or volunteer in the performance of his or her duties as a volunteer or his or her official duties as a school employee, including without limitation civil liability for administering corporal punishment to students, in the amount of two hundred fifty thousand dollars ($250,000) for incidents that occurred before July 1, 1999, and one hundred fifty thousand dollars ($150,000) for each incident that occurs after June 30, 1999.
• (B) An employee or volunteer who administers corporal punishment to a child who is intellectually disabled, nonambulatory, nonverbal, or autistic is not subject to the protection against civil liability, attorney's fees, and costs of defense under subdivision (a)(2)(A) of this section.

(a)

• (1) Except as provided under subdivision (a)(2) of this section, teachers and administrators in a school district that authorizes use of corporal punishment in the school district's written student discipline policy shall be immune from any civil liability for administering corporal punishment to students, provided only that the corporal punishment is administered in substantial compliance with the school district's written student discipline policy.
• (2) A teacher or administrator in a school district that authorizes use of corporal punishment in the school district's written student discipline policy is not immune from civil liability under subdivision (a)(1) of this section if the teacher or administrator uses corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic.

(b) As used in subsection (a) of this section, “teachers and administrators” means those persons employed by a school district and required to have a state-issued license as a condition of their employment.

(b)

• (1) A school district that authorizes use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or school administrator and only in the presence of a school administrator or his or her designee, who shall be a teacher or school administrator employed by the school district.
• (2) As used in this subchapter, “teacher or school administrator” means:
  • (A) A person employed by a school district and required to hold a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the State Board of Education; and
  • (B) An unlicensed classroom teacher or administrator employed in a position under a waiver from licensure.
• (3) A school district that authorizes use of corporal punishment under subdivision (b)(1) of this section shall not:
  • (A) Use corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic; or
  • (B) Include in its written student discipline policy a provision to allow the use of corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic.

(b)

• (1) Annually, the Division of Elementary and Secondary Education shall report at the school, school district, and state level the following data concerning exclusionary disciplinary actions, in-school suspensions, and corporal punishment:
  • (A) Number per one hundred (100) students for the entire population;
  • (B) Number per one hundred (100) students for any racial or ethnic subgroup required for accountability by the Every Student Succeeds Act, Pub. L. No. 114-95;
  • (C) Number per one hundred (100) students for economically disadvantaged students; and
  • (D) Number per one hundred (100) students for students with disabilities identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.