Hawaii Revised Statutes 302a-629 Educational Officers; Demotion, Transfers.

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-629] Educational officers; demotion, transfers. Any educational officer demoted to a position in a lower salary range shall continue to be paid the educational officer's previous salary for the first year of the educational officer's demotion, after which time the educational officer shall be compensated at the appropriate step in the salary range to which the educational officer has been demoted. Unless otherwise provided by the department, any educational officer who is in a school in which the school rating has declined to a number that would place the educational officer in a lower classification shall continue to be paid at the educational officer's same salary range as long as the educational officer remains in the same position in the same school. [L 1996, c 89, pt of §2]

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Last modified: October 27, 2016