Bill Text: HI HR145 | 2012 | Regular Session | Introduced

Hawaii House Resolution 145 (Prior Session Legislation)

Introduced

Bill Title: House Resolution; Public Schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-02 - (H) The committee(s) on EDN recommend(s) that the measure be deferred. [HR145 Detail]

Download: Hawaii-2012-HR145-Introduced.html

HOUSE OF REPRESENTATIVES	H.R. NO.	145
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

HOUSE RESOLUTION

requesting the board of education to review its by-laws and policies, applicable administrative rules and statutes, AS WELL AS ANY INTERNAL PRACTICES AND PROCEDURES, TO PROVIDE THE BEST POSSIBLE legal protection for public school teachers and administrators who have concerns about re-admitting certain students to the classroom following ANY disciplinary action OF THE STUDENT for ABUSE OR possession of ALCOHOL OR DRUGS.

WHEREAS, Hawaii's Department of Education employs approximately thirteen thousand public school teachers who have the responsibility of educating approximately one hundred eighty thousand students; and

WHEREAS, the professional well-being of Hawaii's public school teachers and administrators depends in part upon the department's willingness to consider any legitimate concerns of its teachers and administrators regarding classroom safety, and to take any necessary and appropriate administrative action; and

WHEREAS, students who have been disciplined by the teacher and/or the school administration for abuse or possession of alcohol or drugs pose a heightened risk to classroom safety, particularly in classrooms where certain types of tools or equipment capable of causing serious physical injury are readily available; and

WHEREAS, the teachers of such students must be allowed to give input to the school administration regarding the appropriateness of the student's re-admission to the classroom; the school administration must be able to freely communicate those concerns to the department; and such input should be seriously considered by the department; and

WHEREAS, Hawaii's Board of Education is tasked with oversight of the public school system; and

WHEREAS, one of the functions of the Board of Education is to adopt administrative policies and regulations relating to the management of the statewide systems of public schools; and

WHEREAS, Hawaii's public school teachers and administrators deserve the benefit of administrative policies and regulations that support any efforts to prevent threats to classroom safety posed by students disciplined for abuse or possession of alcohol or drugs; and

WHEREAS, Hawaii's public school teachers and administrators further deserve to be indemnified and held harmless for any incidents arising out of readmission of such students to the classroom over the teacher's and/or school administration's objection(s); now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, that the Board of Education is requested to review its by-laws and policies, applicable administrative rules and statutes, as well as any internal practices and procedures, to provide the best possible legal protection for public school teachers and administrators who have concerns about re-admitting certain students to the classroom following any disciplinary action of the student for abuse or possession of alcohol or drugs.

BE IT FURTHER RESOLVED that following such review, the Board of Education should make any necessary changes to its by-laws and policies, applicable administrative rules, or internal practices and procedures, in order to be consistent with indemnifying and holding teachers and administrators harmless for any incidents arising out of the readmission of such students to the classroom over the teacher's and/or school administration's objection(s); and

BE IT FURTHER RESOLVED that the Board of Education submit a report of its findings, including any changes made to its by-laws and policies, applicable administrative rules, or internal practices and procedures, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2013; and

BE IT FURTHER RESOLVED that the Board of Education submit a report to the Legislature, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2013; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Education, the Superintendent of Education, the President of the Hawaii State Teachers Association, and the Executive Director of the Hawaii Government Employees Association.