PART III. PROVISIONS AFFECTING SCHOOL PERSONNEL

 

Attorney General Opinions

 

  Bargained for random drug testing program for public schoolteachers with appropriate procedural protections is constitutional and wouldnot violate either the federal or state Constitution.  If a court were to findsuch a program to violate either the federal or state Constitution, thedoctrine of qualified immunity would bar personal liability for any stateofficial; if a court were to impose personal liability, based upon past historyand practice, the legislature would fund payment of the claims.  Att. Gen. Op.08-1.

 

A.  SpecificDefinitions

 

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

(b)  For the purposes of subpart D:

"Board" means the Hawaii teacherstandards board.

"Emergency hire" means an unlicensedemployee of the department paid under the salary schedule contained in the unit5 collective bargaining agreement.

"License" means the documentsignifying the board's grant of permission to practice the profession ofteaching.

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