Report Title:

Education; Litigation

 

Description:

Requires the department of education to establish risk management and related programs for school administrators, teachers, and other school personnel to mitigate the potential for liability in the performance of their jobs; makes appropriation. (SD2)

 

THE SENATE

S.B. NO.

535

TWENTY-FIRST LEGISLATURE, 2001

S.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the threat of lawsuits in public schools is a growing concern for teachers and school administrators in Hawaii. The establishment of federal programs and other school related programs, including the Felix-Cayetano consent decree, special education, compliance with the Americans With Disabilities Act, and various social programs require a challenge of monumental proportions for limited state resources. The lack of timely responses to address these and other issues by school administrators and personnel may open the door for legal action by students and parents.

The legislature further finds that school administrators and other personnel may also be at risk of being sued because of the nature of their positions. For example, the administrative responsibilities of principals and vice principals include meeting with parents, the security of school facilities and properties, and high risk duties such as disciplining students.

While state law, including the "zero tolerance policy" established under section 302A-1134.6, Hawaii Revised Statutes, provides enforcement measures against students who possess or use dangerous weapons or illicit drugs, school administrators and personnel may nevertheless be placed in dangerous situations. Parents, too, may be less cooperative or misinformed on these issues. The department of education needs to recognize and establish programs to alleviate the potential for liability and risk for these administrators and personnel.

The purpose of this Act is therefore to require the department of education to establish risk management and related programs for school administrators, teachers, and other school personnel to mitigate the potential for liability in the performance of their jobs.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Risk management programs; reduction of liability. (a) The department of education shall adopt rules pursuant to chapter 91 to establish risk management and related programs for school administrators, teachers, and other school personnel, including professionals, to mitigate the risk of lawsuits and potential for liability in the performance of their duties and responsibilities. The programs shall address the following areas:

(1) Risk management;

(2) Conflict management;

(3) Peer pressure; and

(4) Other preventive programs as deemed necessary by the department.

(b) The department shall develop performance measures to identify the number of potential or actual cases of litigation as compared with the school population."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $         , or so much thereof as may be necessary for fiscal year 2001-2002, for the implementation of this Act.

The sum appropriated shall be expended by the department of education.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2001.