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-613] Exchange teachers and educational officers; terms of contract. (a) The superintendent may contract for the exchange of teachers and educational officers of the State with teachers and educational officers of any other state, country, or territory. Teachers and educational officers of the State so exchanged shall be paid their regular salaries. The qualifications of all teachers and educational officers from any such state, country, or territory so exchanged shall be equal to the qualifications of the teachers and educational officers exchanged by the State. In the selection of teachers and educational officers to be exchanged, preference shall be given in the following order: teachers over educational officers; principals and vice-principals over other educational officers.
(b) All teachers and educational officers so exchanged by the State shall be furnished transportation to and from the state, country, or territory with which exchanged.
(c) No compensation shall be paid by the State to teachers and educational officers exchanged from any other state, country, or territory; provided that in any case where the exchanged teacher or educational officer sent from Hawaii becomes incapacitated or, for any reason, leaves the exchange position permanently, the department may pay the visiting exchange teacher or educational officer an amount not to exceed the salary rating of the teacher or educational officer on exchange from Hawaii. The arrangement may continue until the end of the current school year or until such time as some satisfactory adjustment has been made. [L 1996, c 89, pt of §2]
Section: Previous 302a-605 302a-606 302a-608 302a-609 302a-610 302a-611 302a-612 302a-613 302a-614 302a-615 302a-616 302a-617 302a-618 302a-619 302a-620 NextLast modified: October 27, 2016