Bill Text: HI SB2429 | 2010 | Regular Session | Introduced
Bill Title: Education; Parent Teacher Association Activities
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-25 - (S) Referred to EDH, JGO. [SB2429 Detail]
Download: Hawaii-2010-SB2429-Introduced.html
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THE SENATE |
S.B. NO. |
24292429 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
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- Departmental exemption from liability; parent teacher association activities. The department of education and the State shall be exempt from liability for the actions of a person employed by the department of education when the person is participating in parent teacher association activities or related activities. The person shall be personally liable for wilful actions that the person commits while participating in these activities."
SECTION 2. By January 1, 2011, the board of education shall establish a policy that encourages and allows department of education employees to participate in parent teacher association activities or related activities, including those designed to support extra-curricular activities at schools, such as booster clubs. The policy shall also include provisions that establish procedures to ensure that the department of education and the State shall not be liable for wilful acts of department of education employees while participating in these activities, and clarify or delineate the extent to which these types of activities fall within the course and scope of the employees' regular duties.
SECTION 3. The board of education shall submit a report to the legislature not later than twenty days prior to the convening of the 2011 regular session on the policy it is required to establish under section 2 of this Act. The report shall include but not be limited to:
(1) A description of the criteria used by the board of education to establish the policy;
(2) An assessment as to whether department of education employee participation in any other activities that the board of education deems appropriate should be included under the policy;
(3) The actual policy;
(4) A description of and benchmarking criteria for measuring the effectiveness of the policy;
(5) The safeguards included in the policy to ensure that the department of education and the State will not incur any liability due to wilful acts by department of education employees participating in parent teacher association activities or other activities included under the policy; and
(6) Proposed legislation, as necessary, to effectuate the policy.
SECTION 4. The board of education may request the assistance of the attorney general in developing the policy required under section 2 of this Act. The attorney general shall comply with any request made by the board of education to effectuate the purpose of section 2 of this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Education; Parent Teacher Association Activities
Description:
Exempts department of education from liability when a person employed by the department participates in parent teacher association type of activities. Makes that person personally liable for wilful acts committed during these activities. Requires DOE to establish a policy that encourages and allows DOE employees to participate in such activities and to report on its actions.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
