Removes principals of elementary and secondary public schools from collective bargaining. Allows the department of education to negotiate limited term contracts with principals including performance goals in accordance with department standards.

A BILL FOR AN ACT

SECTION 1. The legislature finds that principals of the public school system fulfill supervisory roles and apply management policies. Principals have the capability of guiding their school personnel and students to meet their optimal potential. To do this, principals must be held accountable for the quality of education and the performance of students and teachers under the principal's direct control in the school to which the principal is assigned. Principals should also be given greater authority over the programs in their schools and be given salaries based on merit rather than an arbitrary pay schedule. The purpose of this Act is to remove principals of the department of education from collective bargaining and to enable the department to negotiate limited-term contracts with performance goals with the principals.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Principals; limited term contracts. (a) The department shall negotiate limited term contracts with principals of elementary and secondary schools. The term of the contract shall be in the discretion of the department. The contract shall contain performance goals agreed to by the department and the principal and in accordance with department standards. In negotiating these contracts, the following principles shall apply:

(b) Principals shall receive at least a twenty percent pay raise as of the enactment of this section."

SECTION 3. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (a) that is effective until June 30, 2002, to read as follows:

"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

Because of the nature of work involved and the essentiality of certain occupations that require specialized training, units (9) through (13) are designated as optional appropriate bargaining units. Employees in any of these optional units may vote either for separate units or for inclusion in their respective units (1) through (4). If a majority of the employees in any optional unit desire to constitute a separate appropriate bargaining unit, supervisory employees may be included in the unit by mutual agreement among supervisory and nonsupervisory employees within the unit; if supervisory employees are excluded, the appropriate bargaining unit for these supervisory employees shall be (2) or (4), as the case may be.

The compensation plans for blue-collar positions pursuant to section 77-5 and for white-collar positions pursuant to section 77-13, the salary schedules for teachers pursuant to section 302A-624 and for educational officers pursuant to section 302A-625, and the appointment and classification of faculty pursuant to sections 304-11 and 304-13, existing on July 1, 1970, shall be the bases for differentiating blue-collar from white-collar employees, professional from institutional, health and correctional workers, supervisory from nonsupervisory employees, teachers from educational officers, and faculty from nonfaculty. In differentiating supervisory from nonsupervisory employees, class titles alone shall not be the basis for determination, but, in addition, the nature of the work, including whether or not a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall also be considered."

SECTION 4. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (a) that is effective July 1, 2002, to read as follows:

"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

(1) Nonsupervisory employees in blue collar positions;

(2) Supervisory employees in blue collar positions;

(3) Nonsupervisory employees in white collar positions;

(4) Supervisory employees in white collar positions;

SECTION 5. Section 89-6, Hawaii Revised Statutes is amended by amending subsection (f) that is to be effective July 1, 2002 to read as follows:

"(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

SECTION 6. Section 302A-607, Hawaii Revised Statutes is amended to read as follows:

"[[]§302A-607[]] Probationary period of employment. (a) All teachers[, principals,] and vice-principals entering the service of the department for the first time shall serve as probationary employees of the department for a minimum period of two consecutive years; provided that:

(b) Any full-time intern teaching period served in the State shall be credited toward fulfillment of the probationary period. Any annual contract with any teacher[, principal,] or vice-principal during this probationary period of employment may or may not be renewed as the department shall determine. The department, during the probationary period, may discharge or demote a teacher[, principal,] or vice-principal.

SECTION 7. Section 302A-619, Hawaii Revised Statutes is amended to read as follows:

"[[]§302A-619[]] Classification, educational officers. The board shall classify all educational officer positions of the department, except for principals of elementary and secondary schools, and adopt a classification/compensation plan for these educational officer positions; provided that the classification/compensation plan shall include a classification appeals procedure."

SECTION 8. Section 302A-623, Hawaii Revised Statutes is amended to read as follows:

"[[]§302A-623[]] Salary ranges, educational officers. Salary ranges for educational officer positions of the department, except for principals of elementary and secondary schools, shall be determined by the board based on the position classification/compensation plan approved by the board. Salary ranges for educational officer positions, except for principals of elementary and secondary schools, shall be subject to the requirements of sections 302A-625 and 302A-626."

SECTION 9. Section 302A-625, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-625[]] Educational officers' salary schedules. (a) The salary schedule for all educational officers, except principals of elementary and secondary schools of the department shall be negotiated pursuant to section 89-9.

(b) Any [principal,] vice-principal, or other educational officer on a ten-month work year must earn at least six credits within a three-year cycle in order to receive an increment or longevity step increase in the third year of the three-year cycle."

SECTION 10. If H.B. No. _____ is passed by the legislature during this Regular Session of 2001, whether before or after the effective date of this Act, section 2 of this Act shall reflect that the local boards of education shall negotiate limited term contracts with principals in schools of each respective board's district as otherwise provided in section 2 of this Act.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval.