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.
§302A-602 Teachers; licenses and certificates. (a) No person shall serve as a teacher in the department without first having obtained a license from the Hawaii teacher standards board in such form as the Hawaii teacher standards board determines. The department shall establish types of certificates in the educational field and the requirements to qualify for those certificates issued to individuals who are not required to obtain a license pursuant to sections 302A-801 to 302A-808.
(b) Beginning with the 2002-2003 school year, no person paid under the salary schedule contained in the unit 5 collective bargaining agreement shall serve as a teacher in the department without first having obtained a license pursuant to sections 302A-801 to 302A-808 from the Hawaii teacher standards board in such form as the Hawaii teacher standards board determines.
(c) Beginning with the 2002-2003 school year, the department may employ unlicensed individuals as emergency hires pursuant to sections 302A-801 to 302A-808. [L 1996, c 89, pt of §2 and am c 122, §§2, 7; am L 1999, c 218, §4; am L 2001, c 312, §§4, 11; am L 2002, c 193, §1]
Section: Previous 302a-496 302a-497 302a-498 302a-501 302a-601 302a-601.3 302a-601.5 302a-602 302a-602.5 302a-603 302a-604 302a-605 302a-606 302a-608 302a-609 NextLast modified: October 27, 2016