2013 Hawaii Revised Statutes
TITLE 18. EDUCATION
302A. Education
302A-638 Evaluation of teachers and educational officers.
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-638 Evaluation of teachers and educational officers. The department shall establish an evaluation program for all teachers and educational officers. The evaluation shall be performed at least once in each school year. The program shall define the criteria for evaluation and assign responsibilities for the application of the criteria. The evaluation of a teacher or educational officer shall be on the basis of efficiency, ability, and such other criteria as the department shall determine. [L 1996, c 89, pt of §2]
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