Report Title:
Risk Management DOE; Liability of Education Officers & Teachers
Description:
Requires Department of Education to adopt rules to establish risk management program; limits liability of DOE officers and teachers for Felix class services. (SD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
451 |
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TWENTY-FIRST LEGISLATURE, 2001 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
relating to liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 shall establish risk management and related programs for school administrators, teachers, and other school personnel to mitigate the risk of lawsuits and potential for liability in the performance of their positions, including the use of professionals, in 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 maintain a record to identify the number of potential or actual cases of litigation at any one time relating to areas under subsection (a) and for the entire school population."
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§663- Educational officers and teachers. (a) Any educational officer or teacher who provides services to:
(1) Emotionally disturbed children and adolescents pursuant to the Felix-Cayetano consent decree; or
(2) Exceptional children under section 302A-436;
shall not be liable for any claims related to the Felix-Cayetano consent decree or for any claims related to services for exceptional children.
(b) As used in this section, "educational officer", "exceptional children", and "teacher" are as defined in section 302A-1, and "Felix-Cayetano consent decree" refers to the decree and related orders issued by the United States District Court, District of Hawaii in the matter entitled Felix v. Benjamin Cayetano, Civil No. 93-00367 DAE.
(c) Notwithstanding any other law to the contrary, all claims arising out of the acts or omissions of the department of education under subsection (a), including claims against the State under chapters 661 and 662, shall be brought only against the department of education, unless the actions of the educational officer, teacher, or other school personnel are wilfully negligent; provided that the department of education shall be subject to suit only in the manner provided for suits against the State, including section 661-11."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.