Confers the same rights and benefits of civil service employees in the department of education to civil service employees and civil service exempt employees of new century conversion charter schools. (SD2)

A BILL FOR AN ACT

SECTION 1. The legislature found that civil service employees of the department of education schools should not lose civil service status, rights, and benefits upon conversion of their schools to new century conversion charter schools. In order to preserve the civil service status, rights, and benefits of department of education employees transferred to new century conversion charter schools, as well as those hired after conversion to new century conversion charter schools, the legislature granted them civil service status through Act 63, Session Laws of Hawaii 2004.

The legislature also enacted Act 51, Session Laws of Hawaii 2004, which separated department of education civil service employees from the department of human resources development's authority in order to reduce bureaucracy. In contrast, the new century conversion charter school civil service employees were deemed, under Act 51, Session Laws of Hawaii 2004, to be under the authority of the department of human resources development.

It was not, however, the intent of the legislature with the enactment of Act 63, Session Laws of Hawaii 2004, and Act 51, Session Laws of Hawaii 2004, to deprive these civil service employees of the new century conversion charter schools the opportunity to be considered for transfers and promotions to other department of education schools. If the civil service employees of the new century conversion charter schools remain under the authority of the department of human resources development, they cannot be considered for lateral transfers and promotions within the department of education.

The purpose of this Act is to preserve the rights, privileges, and benefits of the civil service employees of the new century conversion charter schools by permitting them to remain within the department of education's human resources system.

SECTION 2. Section 302A-1184, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Civil service employees of department of education schools shall retain their civil service status upon the conversion of their school to a new century conversion charter school. Positions in a new century conversion charter school that would be civil service in a department of education public school shall be civil service positions and subject to chapter 76. Civil service employees of a new century conversion charter school shall retain their civil service status in the department of education's human resources civil service system and shall be entitled to all rights and benefits as other civil service employees employed by the department of education. Exempt civil service employees, as provided in section 76-16, of a new century conversion charter school shall retain their status in the department of education's human resources system for support services personnel and shall be entitled to all rights and benefits as other civil service employees employed by the department of education. An employee with civil service status at a new century conversion charter school who transfers or is promoted to another civil service position shall be entitled to all of the rights, privileges, and benefits of continuous, uninterrupted civil service."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.