Legal Information
This section provides an overview of important issues and policies related to Student Teaching.
Legal Status of Student Teachers
The legal status of student teachers in public schools is provided in the Hawai’i Revised Statutes (HRS) and the Department of Education Policies and Regulations as approved by the Board of Education. The basic statute which governs certification is HRS 297-2 which states, “No person shall serve as a teacher in any school without first having obtained a certificate from the Department of Education”. Based on this statute, the DOE has a number of policies and regulations relating to student teachers.
The Components of a Teacher Education Program
Regulation No. 5300: “The Department shall establish standards for state approval of teacher education programs in Hawai’i leading to licensure and certification. The teacher education program shall include (1) a liberal arts component, (2) a professional education component, (3) a teaching major, and (4) pre-service teaching.”
Teacher Competencies to be Developed in Teacher Training
Regulation No. 5300: “The Department shall work closely with Hawai’i higher education institutions primarily charged with teacher education and training to develop teachers who meet the personal characteristics and competencies identified in the standards established by the Hawai’i Teacher Standards Board and the Department of Education.” (Revised 9/1/70; Reviewed 10/74; Amended 11/77; Amended 6/86; Amended 11/88; Amended 9/93; Amended 4/97.)
Authorization for Student Teachers in the Public Schools
Policy No. 5600: “The Department, in cooperation with accredited institutions of higher education, may permit pre-service teachers in teacher education programs to teach, participate, and observe in the public schools of Hawai’i, upon verification by the institutions of their ability to function effectively in Department classrooms. Such placements should contribute to the best interests of the Department and its students.” (Reviewed 9/1/70; Amended 10/74; Amended 6/86; Amended 12/95)
Responsibility of Institute to Provide Names of Student Teachers
Administrative Regulations No. 5203: “Student teachers may be certified by list upon recommendation from any accredited teacher education institution. The teacher education institution shall specifically name the students authorized to do student teaching under supervision in the schools of Hawai’i.” (Revised 9/1/70; Amended 11/77.)
Legal Assistance Available to Student Teachers
We are living in an increasingly litigious society. A few decades ago, very few lawsuits were filed against schools and teachers. Today, lawsuits are commonplace. Student teachers need to be aware of the differences between liability protection in the public and private schools. As indicated on the Pre-Field Checklist, student teachers should make sure to acquire their own liability insurance.
Public Schools
The student teacher in a public school may be given legal assistance from the State in civil suits under provisions of the Hawai‘i State Tort Liability Act, HRS Chapter 662. In a field placement (the OP experience or student teaching) the student teacher assigned to a state agency (the school) may meet the definition of volunteer. “The term volunteer means any person who of the person’s own free will provides goods or services to any agency with no monetary or material gain….” (HRS 90-1).
For the purposes of State tort liability, such volunteers are treated like “… employees of the State when acting for an agency in their capacity as volunteers” (HRS 90-4). “Employees of the State includes officers and employees of any state agency, members of the Hawai‘i National Guard, Hawai‘i state guard, and person acting on behalf of a state agency in an official capacity, temporarily, whether with or without compensation” (HRS 662-1).
The determination that a student teacher is a “volunteer” of the state within the meaning of HRS 90 does not itself insure that the student teacher will be defended or indemnified by the State. The determination of whether to defend is a discretionary one made by the Attorney General, who will examine whether the volunteer was acting within the course and scope of his/her volunteer duties. As a general rule, the Attorney General will not defend employees charged with committing intentional torts (HRS 662-15).
Private Schools
Unlike the student teacher placed in a public school, the State of Hawai‘i statutes mentioned above do not cover a student teacher placed in a private (non-public) school.
Student Teachers Injured in the Performance of Student Teaching Duties
Student teachers who incur injury should immediately report it to the mentor teacher and the university cohort coordinator.
In Case of Injury
If a teacher candidate is injured while participating in the University of Hawai’i teacher education program (either on the Manoa campus or in their field-placement), he or she should submit a written report describing the details of the accident and the nature of the injury. The report should be submitted within 24 hours to the Secondary Education Program Director of the Institute for Teacher Education.
Public Schools – Department of Education Policy
If a student is injured in the performance of his or her student teaching duties, workers’ compensation under HRS 386-171 may be provided in the form of reasonable and necessary medical care for accident or injury. Representation may be provided, after review by the attorney general, in alleged cases of negligence or other tortuous acts under HRS Chapter 662-16 and 90-4(4).