REPORT TITLE:
New Century Charter Schools


DESCRIPTION:
Provides legal protection for new century charter school boards.
Creates separate collective bargaining unit for these schools.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2386
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO NEW CENTURY CHARTER SCHOOLS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 26-35.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  For purposes of this section, "member" means any
 
 4 person who is appointed, in accordance with the law, to serve on
 
 5 a temporary or permanent state board, including members of the
 
 6 local school board of any new charter school established under
 
 7 section 302A-1182, council, authority, committee, or commission,
 
 8 established by law or elected to the board of trustees of the
 
 9 employees' retirement system under section 88-24; provided that
 
10 "member" shall not include any person elected to serve on a board
 
11 or commission in accordance with chapter 11."
 
12      SECTION 2.  Section 89-6, Hawaii Revised Statutes, is
 
13 amended by amending subsections (a) and (b) to read as follows:
 
14      "(a)  All employees throughout the State within any of the
 
15 following categories shall constitute an appropriate bargaining
 
16 unit:
 
17      (1)  Nonsupervisory employees in blue-collar positions;
 
18      (2)  Supervisory employees in blue-collar positions;
 
19      (3)  Nonsupervisory employees in white-collar positions;
 

 
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 1      (4)  Supervisory employees in white-collar positions;
 
 2      (5)  Teachers and other personnel of the department of
 
 3           education under the same salary schedule, including
 
 4           part-time employees working less than twenty hours a
 
 5           week who are equal to one-half of a full-time
 
 6           equivalent;
 
 7      (6)  Educational officers and other personnel of the
 
 8           department of education under the same salary schedule;
 
 9      (7)  Faculty of the University of Hawaii and the community
 
10           college system;
 
11      (8)  Personnel of the University of Hawaii and the community
 
12           college system, other than faculty;
 
13      (9)  Registered professional nurses;
 
14     (10)  Institutional, health, and correctional workers;
 
15     (11)  Firefighters;
 
16     (12)  Police officers; [and]
 
17     (13)  Professional and scientific employees, other than
 
18           registered professional nurses[.]; and
 
19     (14)  All nonsupervisory and supervisory blue-collar and
 
20           white-collar positions and teachers at new century
 
21           charter schools.
 
22      Because of the nature of work involved and the essentiality
 
23 of certain occupations that require specialized training, units
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 (9) through (13) are designated as optional appropriate
 
 2 bargaining units.  Employees in any of these optional units may
 
 3 vote either for separate units or for inclusion in their
 
 4 respective units (1) through (4).  If a majority of the employees
 
 5 in any optional unit desire to constitute a separate appropriate
 
 6 bargaining unit, supervisory employees may be included in the
 
 7 unit by mutual agreement among supervisory and nonsupervisory
 
 8 employees within the unit; if supervisory employees are excluded,
 
 9 the appropriate bargaining unit for these supervisory employees
 
10 shall be (2) or (4), as the case may be.
 
11      The compensation plans for blue-collar positions pursuant to
 
12 section 77-5 and for white-collar positions pursuant to section
 
13 77-13, the salary schedules for teachers pursuant to section
 
14 302A-624 and for educational officers pursuant to section
 
15 302A-625, and the appointment and classification of faculty
 
16 pursuant to sections 304-11 and 304-13, existing on July 1, 1970,
 
17 shall be the bases for differentiating blue-collar from white-
 
18 collar employees, professional from institutional, health and
 
19 correctional workers, supervisory from nonsupervisory employees,
 
20 teachers from educational officers, and faculty from nonfaculty.
 
21 In differentiating supervisory from nonsupervisory employees,
 
22 class titles alone shall not be the basis for determination, but,
 
23 in addition, the nature of the work, including whether or not a
 

 
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 1 major portion of the working time of a supervisory employee is
 
 2 spent as part of a crew or team with nonsupervisory employees,
 
 3 shall also be considered.
 
 4      (b)  For the purpose of negotiations, the public employer of
 
 5 an appropriate bargaining unit shall mean the governor or the
 
 6 governor's designated representatives of not less than three
 
 7 together with not more than two members of the board of education
 
 8 in the case of units (5) [and], (6), and (14), the governor or
 
 9 the governor's designated representatives of not less than three
 
10 together with not more than two members of the board of regents
 
11 of the University of Hawaii in the case of units (7) and (8), and
 
12 the governor or the governor's designated representatives
 
13 together with the mayors of all the counties or their designated
 
14 representatives in the case of the remaining units.  The
 
15 designated employer representatives for units (5), (6), (7),
 
16 [and] (8), and (14) shall each have one vote and in the case of
 
17 the remaining units, the governor shall be entitled to four votes
 
18 and the mayor of each county shall each have one vote, which may
 
19 be assigned to their designated representatives.  Any decision to
 
20 be reached by the applicable employer group shall be on the basis
 
21 of simple majority."
 
22      SECTION 3.  Chapter 89, Hawaii Revised Statutes, is amended
 
23 by adding a new section to be appropriately designated and to
 

 
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 1 read as follows:
 
 2      "§89-    Unit (14) agreements.  Collective bargaining
 
 3 agreements reached between the employer and the exclusive
 
 4 bargaining representative for unit (14) may be in the form of a
 
 5 master agreement for all charter schools or separate agreements
 
 6 for each charter school, or a combination of both."
 
 7      SECTION 4.  All employees in section 89-6(a), Hawaii Revised
 
 8 Statutes, units (1) to (5), who obtain employment at a new
 
 9 century charter school, shall become part of unit (14) upon
 
10 expiration of their current employment contracts.  The
 
11 appropriate employee organization for unit (14) shall be chosen
 
12 as provided for under section 89-7, Hawaii Revised Statutes.
 
13      SECTION 5.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 6.  This Act shall take effect upon its approval.
 
16 
 
17                       INTRODUCED BY:  ___________________________