PART III.  PROVISIONS AFFECTING SCHOOL PERSONNEL

Attorney General Opinions

  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or state Constitution.  If a court were to find such a program to violate either the federal or state Constitution, the doctrine of qualified immunity would bar personal liability for any state official; if a court were to impose personal liability, based upon past history and practice, the legislature would fund payment of the claims.  Att. Gen. Op. 08-1.

A.  Specific Definitions

     §302A-501  Definitions.  (a)  For the purposes of sections 302A-602 to 302A-612, "school" includes every academic and noncollege type of school under governmental supervision.

     (b)  For the purposes of subpart D:

     "Board" means the Hawaii teacher standards board.

     "Emergency hire" means an unlicensed employee of the department paid under the salary schedule contained in the unit 5 collective bargaining agreement.

     "License" means the document signifying the board's grant of permission to practice the profession of teaching.

     "Teacher" means a licensed employee of the department paid under the salary schedule contained in the unit 5 collective bargaining agreement. [L 1996, c 89, pt of §2; am L 1999, c 218, §2; am L 2001, c 312, §3]