2013 Hawaii Revised Statutes
TITLE 18. EDUCATION
302A. Education
302A-614 Sabbatical leaves authorized.

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.

A. Specific Definitions

§302A-614 Sabbatical leaves authorized. (a) The department may grant a year's or six months' sabbatical leave of absence to any teacher or educational officer who has served seven years in the public schools of the State. The teacher or educational officer shall be guaranteed a return to the teacher's or educational officer's or an equivalent position at the expiration of the leave.

(b) In granting sabbatical leaves, the department shall consider, but not be limited to, the following:

(1) The nature and length of professional educational course work, research, or other professional activity approved by the department; and

(2) Applicant's seniority; provided that seniority shall not be the dominant factor in granting sabbatical leaves.

(c) The leave shall not be extended beyond one year and may not be repeated until after a period of seven additional years of service. [L 1996, c 89, pt of §2]