Allows the Superintendent of Education to hire retired State Department of Education teachers in labor shortage and difficult to fill instructional teaching positions for longer than 89 days or up to 100% full-time equivalents, without the retirees incurring any negative impact on their normal retirement benefits.

A BILL FOR AN ACT

SECTION 1. The legislature recognizes that when state government is faced with a labor shortage or with occupational areas that are difficult to fill, the State needs to be creative and flexible in finding ways to attract and retain skilled employees. Retired department of education teachers are a trained resource of talent that the state government can tap to find skilled employees to fill these critical needs.

The legislature further acknowledges that the department of education faces particular challenges filling vacant teacher positions in smaller schools, rural schools, schools in hard to reach locations, as well as math and science teaching positions.

It is the legislature's intent that this Act will strike a balance between the department of education's requirement to have an adequate number of trained teachers teaching in each classroom and the retired teachers' desire to return to work for a period of time to continue to use their professional talents. This Act will allow retired credentialed teachers who have worked in the department of education to work for the department in labor shortage and difficult-to-fill school-level instructional teaching positions, including rural and smaller schools, and charter schools. Teachers may work as a one hundred per cent full-time equivalent, and they may work more than eighty-nine consecutive days, without incurring negative retirement consequences, such as the forfeiture or reduction of retirement benefits.

SECTION 2. Beginning July 1, 2006, appointing authorities in the state department of education and appointing authorities within the state charter school system, may employ retired credentialed teachers, who may work up to one hundred per cent of the full-time equivalent. These teachers may also work for more than eighty-nine consecutive days. The appointment of each retired teacher shall be subject to the prior approval of the superintendent of education for traditional public schools, and the executive director of the charter school administrative office for charter schools. The positions filled by retired teachers under this Act shall be limited to labor shortage and difficult-to-fill school-level instructional teaching positions, as determined by the superintendent of education or the executive director of the charter school administrative office, as the case may be.

Furthermore, it is expected that, while the retiree is employed, the appointing authority will require the retiree to train and mentor subordinates and co-workers as part of a succession plan. A minimum of five hours per week of compensated time shall be designated for the mentoring duties. It is also expected that, during this time, the appointing authority will be actively recruiting for a new teacher to replace the retiree. Therefore, employment under this Act shall not exceed a duration of twenty-four months on a full-time equivalency basis.

The provisions of sections 88-21, 88-42.5, 88-43, 88-45, and 88-46, Hawaii Revised Statutes, and any other statute to the contrary notwithstanding, retired teachers who have worked in the department of education or charter school system who are hired under this Act shall not earn retirement service credit, contribute to the retirement system, or gain additional retirement system benefits as a result of their employment; provided that the retiree shall continue to receive the entitled normal retirement benefits without penalty.

SECTION 3. This Act shall take effect on July 1, 2006, and shall be repealed on July 1, 2011.