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Senate committees approve liability protections for school staff, volunteers who assist with medication
Summary
Joint committees voted to pass SB2612, which clarifies civil and criminal immunity for the Department of Education and volunteers assisting students with medication under specified conditions; advocates asked for liability language exceptions for gross negligence or intentional misconduct.
The joint Senate committees voted Feb. 11 to pass SB2612, legislation clarifying immunity for Department of Education employees and trained volunteers who assist students with medication during the school day.
A DOE representative told senators that the bill protects trained volunteers and complements existing roles such as school health attendants and nurses when staffing is insufficient. "Volunteers can be trained to provide that daily medication if needed," the DOE witness said, noting that schools would retain staff such as nurses where available.
The Hawaii Association for Justice submitted comments urging the committee to ensure school employees retain immunity unless conduct rises to gross negligence, willful and wanton misconduct, or intentional wrongdoing; senators asked staff to confirm statutory text aligns with that standard.
The committee recommended passing the measure "as is" and recorded the recommendation as adopted; the chair and vice chair recorded aye votes while an excused member was noted. The decision advances SB2612 to subsequent legislative steps.
