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-603 Teaching without certificates or licenses; penalty. (a) Except as otherwise provided, before the 1997-1998 school year, whoever serves in the department as a teacher without holding an unrevoked certificate issued under sections 302A-602 to 302A-639, and 302A-701, shall be fined not more than $25.
(b) Beginning with the 1997-1998 school year, whoever serves in the department as a teacher, paid under the salary schedule contained in the unit 5 collective bargaining agreement, without holding an unrevoked or unsuspended license or credential issued under sections 302A-801 to 302A-808, shall be fined not more than $500.
(c) Beginning with the 2002-2003 school year, an individual paid under the salary schedule contained in the unit 5 collective bargaining agreement, without holding an unrevoked license issued under sections 302A-801 to 302A-808, shall be fined not more than $500.
(d) Beginning with the 2002-2003 school year, emergency hires shall not be subject to this penalty. [L 1996, c 89, pt of §2 and am c 122, §§3, 7; am L 1999, c 218, §4; am L 2001, c 312, §§6, 11; am L 2002, c 193, §3; am L 2012, c 133, §10]
Section: Previous 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 302a-610 302a-611 NextLast modified: October 27, 2016