Report Title:

Education; Probationary Period; Collective Bargaining

Description:

Authorizes the board of education and the superintendent of education to determine the minimum amount of time that new teachers, principals, or vice-principals shall serve during their initial probationary period.

HOUSE OF REPRESENTATIVES	H.B. NO.	2367
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  During the most recent negotiations for the 2007-2009 bargaining unit 05 collective bargaining agreement, the department of education and the Hawaii State Teachers Association reached an agreement in good faith on a provision to reduce the probationary period for non-tenured teachers from two consecutive years (four semesters) to one year (two semesters).  Upon reaching a voluntary settlement on the unit 05 contract, the parties discovered that the negotiated provision was in direct conflict with chapter 302A-607, Hawaii Revised Statutes, which requires all new teachers, principals, and vice-principals to serve a minimum probationary period of two consecutive years.

     The purpose of this Act is to provide the board of education and the department of education with the flexibility to determine the minimum period of time that teachers, principals, and vice-principals shall serve as probationary employees of the department.

     SECTION 2.  Section 302A-607, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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;] a specific period of time as established and determined by the board of education and the superintendent of education; provided that:

     (1)  The consecutive employment may be interrupted by maternity leave, sick leave, or any other leave approved by the department not exceeding a period of three years; by military leave not exceeding a period of five years; or by termination or nonrenewal of the probationary employment contract because of decrease in the number of pupils or for causes over which the department has no control, the period between employment not to exceed five years, without loss of credit for the period of probationary employment; and

     (2)  At or prior to the end of [two years of] the probation, the department may extend the probationary period of a teacher, principal, or vice-principal for additional periods not to exceed a total of five years."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

INTRODUCED BY:

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