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]