Endows the legislature with the sole authority to establish the per diem rate for substitute teachers for the 2005-2006 fiscal year; makes an appropriation to department of education to settle two pending lawsuit brought by substitute teachers against the department of education for unpaid wages. (SD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that there are two pending lawsuits against the department of education entitled Garner v. Department of Education and Kliternick v. Hamamoto, both of which involve disputes between the department of education and substitute teachers over allegations of unpaid wages.

In light of these two lawsuits, the legislature finds that it is necessary to address the issue of substitute teacher pay. Accordingly, the legislature determines that it should be the state entity responsible for setting the per diem rate for substitute teachers for the 2005-2006 fiscal year. Further, this measure appropriates funds that the department of education may use, if appropriate, for settling these two lawsuits.

SECTION 2. Notwithstanding section 302A-624, Hawaii Revised Statutes, the legislature shall be responsible for calculating the per diem rate for substitute teachers; provided that the total amount of per diem for all substitute teachers shall not exceed $          .

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2005-2006, for the purpose of settling all claims against the State arising in the cases of Garner v. Department of Education and Kliternick v. Hamamoto.

SECTION 4. The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 5. This Act shall take effect on July 1, 2005; provided that section 2 shall be repealed on June 30, 2006.