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]
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