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-616 Conditions of sabbatical leave of absence. (a) A teacher or educational officer on sabbatical leave shall devote one-half of the teacher's or educational officer's total leave to professional educational course work, research, or other professional activity approved by the department. The department shall establish guidelines and criteria of professional educational course work, research, or other professional activity. Before granting a sabbatical leave to a teacher or educational officer, the department and the teacher or educational officer shall enter into a contract, which shall provide for the following:
(1) That the teacher or educational officer agrees to return to serve in the department, the University of Hawaii, or any community college for a period of not less than two years within one year after termination of the teacher's or educational officer's sabbatical leave;
(2) That upon failure of the teacher or educational officer to comply with paragraph (1), the teacher or educational officer agrees to refund to the department all moneys received while on sabbatical leave;
(3) That upon failure of the teacher or educational officer to comply with paragraph (2), the teacher or educational officer agrees to pay for all costs incurred by the department in enforcing paragraph (2);
(4) That upon failure to comply with paragraph (1), the educational officer's Hawaii teaching certificate shall be canceled by the department; and
(5) Any other provisions deemed necessary by the department to be included in the contract.
(b) Beginning with the 2002-2003 school year, this section shall be interpreted as though the term "certificate" read "license", as the latter terms are used in subpart D, and as circumstances require. [L 1996, c 89, pt of §2; am L 2001, c 312, §§8, 13]
Section: Previous 302a-609 302a-610 302a-611 302a-612 302a-613 302a-614 302a-615 302a-616 302a-617 302a-618 302a-619 302a-620 302a-621 302a-623 302a-624 NextLast modified: October 27, 2016