Report Title:
Substitute Teachers; Per Diem Pay Rate
Description:
Requires the board of education to develop a classification/compensation plan for substitute teachers' pay commensurate with their educational training and academic qualifications. (SD1)
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THE SENATE |
S.B. NO. |
1250 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public school substitute teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that to conform to the No Child Left Behind mandates, the State needs to provide highly qualified personnel in all instructional positions including substitute teaching. In order to attract and retain these highly qualified individuals, a fair and adequate compensation schedule commensurate with a substitute teacher's experience must be developed. Furthermore, the development of such a compensation schedule can provide an incentive for others to attain high educational qualifications.
Additionally, the legislature finds that pursuant to Act 89, Session Laws of Hawaii, the legislature intended for the department of education to compensate teachers at the statutorily mandated rate; however, since 1996, substitute teachers have not been paid the per diem rate under section 302A-624(e), Hawaii Revised Statutes.
The purpose of this Act is to:
(1) Provide a classification/compensation plan for substitute teachers' pay commensurate with their educational training and academic qualifications as determined by the board of education;
(2) Enable substitute teachers to be compensated for claims against the State for unpaid wages to be retroactively applied, resulting from the department of education's failure to so compensate at the per diem rate established under section 302A-624(e), Hawaii Revised Statutes; and
(3) Appropriates funds for the payment of substitute teachers for unpaid and retroactive wages under the class action lawsuits of Garner v. Department of Education, et al., (Civil No. 03-1-000305) and Kliternick v. Hamamoto, et al., (Civil No. 05-1-0031-01).
SECTION 2. Section 302A-624, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Effective July 1, 1996, the per diem rate or rates for substitute teachers shall be determined by the classification/compensation plan approved by the board; provided that the board's calculation as the minimum per diem rate for substitute teachers shall be based on the annual entry step salary rate established for a Class II teacher on the most current teachers' salary schedule. The minimum per diem rate shall be derived from the annual rate in accordance with the following formula:
Per Diem Rate = Annual Salary Rate ¸ 12 months ¸ 21
Average Working Days Per Month;
provided further that the board in developing the plan shall consider the following criteria for compensation beyond the minimum per diem rate or rates:
(1) Credentials such as teacher licensing and certification in the State;
(2) Experience in the subject matter or grade level for which the substitute teacher is providing services;
(3) Educational background and qualifications;
(4) Any other teacher qualifications or credentials; and
(5) The utility of making the per diem rate retroactive."
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, to settle any and all claims against the State in Garner v. Department of Education, et al., (Civil No. 03-1-000305) and Kliternick v. Hamamoto, et al., (Civil No. 05-1-0031-01) for retroactive and unpaid compensation owed to substitute teachers resulting from unpaid wages since 1996.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050; provided that section 3 shall be effective on July 1, 2060.