Report Title:
Education Officers and Teachers; Liability Limited
Description:
Limits liability of educational officers and teachers against any claims related to the Felix-Cayetano consent decree and to services for exceptional children. (SB823 HD1)
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THE SENATE |
S.B. NO. |
823 |
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TWENTY-FIRST LEGISLATURE, 2001 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATED TO LIMITED 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 of education shall adopt rules pursuant to chapter 91 to 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 develop performance measures to identify the number of potential or actual cases of litigation as compared with the 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) Certain emotionally disturbed children and adolescents pursuant to the Felix-Cayetano consent decree; or
(2) Exceptional children pursuant to section 302A-436;
shall not be held liable in any claims related to the Felix-Cayetano consent decree or in any claims related to services for exceptional children.
(b) As used in this section:
"Educational officer" includes principals, vice-principals, and professional employees of the state and district offices of the department, except those employees in the classified service.
"Exceptional children" includes:
(1) Persons under twenty-years-of-age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities; provided that "exceptional children" shall not include "gifted and talented children";
(2) Persons under twenty-years-of-age who by reason of physical defects cannot attend the regular public school classes with normal children; and
(3) Persons under twenty-years-of-age who are certified by a licensed physician eligible for membership in the state medical society as being emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods.
"Teacher" means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers.
(c) Notwithstanding any other law to the contrary, all claims arising out of the acts or omissions of the department of education or the department of health or either of their employees related to the Felix-Cayetano consent decree or related to services for exceptional children, including claims permitted against the State under chapter 661, and claims for torts permitted against the State under chapter 662, may only be brought against the department of education or the department of health, or both, unless the actions of such employees were wilfully negligent. However, the department of education and the department of health 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.