SB1933 SD1

PART I. FINANCIAL AND ACADEMIC ACCOUNTABILITY

SECTION 1. The legislature finds that individual public schools often need assistance to meet state accountability requirements for both fiscal and academic performance. In the past, the department of education district offices provided significant assistance to schools. However, with the emphasis on compliance with new federal and state requirements, the services available for schools at the complex area or district level have not kept pace with the needs of the schools.

The legislature further finds that the implementation of the weighted student formula as described in Act 51, Session Laws of Hawaii 2004, has often made it more difficult for schools to pool their resources to create complex area services and make complex area purchases of learning materials.

Complex areas were established to allow each administrator to better focus on supporting the needs of their schools, while providing more meaningful supervision and accountability expectations of the principals and schools. Thus, business and management services should be addressed and provided in a comprehensive manner within each complex area. This may include the reallocation of position, services, duties, and powers from different levels within the department of education to provide maximum efficiency and effectiveness in our schools.

The legislature finds that with the emphasis on student testing results for reading and math, difficult choices at the school level have made it challenging for schools to retain important programs in the arts, physical education, and virtual education. Specifically, it is well known that participation in the performing and visual arts not only enriches student life, but also contributes to greater student achievement. For many students, hands-on learning opportunities for self expression are keys to a healthier self esteem and improved classroom behavior. A complete education is one in which a young person is given continuous opportunities for expression through the arts.

The ability of school communities to purchase high quality learning materials is crucial for a dynamic and effective education system. These materials may include traditional text books, virtual or computer-based text books, or novels.

The purpose of this part is to achieve the following:

(1) Create greater emphasis and funding within the department of education at the complex area level for services and procurement of learning materials aligned throughout the complex;

(2) Create in each complex area, a business service center, and an education service center to provide greater support to schools within each complex;

(3) Provide funds at the complex area level for training and the professional development of school community councils;

(4) Provide additional funds to allow schools to purchase business services to ensure that the schools are using their best accounting and record keeping practices and are prepared for a financial audit; and

(5) Encourage schools to pool their resources to achieve the purposes of these funds.

SECTION 2. 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 2007-2008, and $ , or so much thereof as may be necessary for fiscal year 2008-2009, for each complex area and the charter school administrative office to provide funds to complex area department schools and to charter schools to purchase business services either from the department of education or other sources to assist the school in adopting best practices for accounting and recordkeeping.

The sums appropriated shall be expended by the department of education to assist the school community councils or local school boards with the goal of ensuring that each school is prepared for a financial audit. The department of education shall transfer the appropriate amount for each student to the charter school administrative office no later than July 15 of each year for distribution to the charter schools.

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 2007-2008, and $ , or so much thereof as may be necessary for fiscal year 2008-2009, to assist each complex area and school community councils to purchase training and professional development.

The sums appropriated shall be expended by the department of education for purposes of this part.

SECTION 4. 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 2007-2008, and $ , or so much thereof as may be necessary for fiscal year 2008-2009, for the department of education complex areas and the charter school administrative office to provide funds to schools for arts education, physical education, mathematics and science learning materials, including virtual learning materials and programs; provided that mathematics and science learning materials purchased by the schools shall be aligned with curricula throughout the complex. The department of education shall transfer the appropriate pro rated amounts of this appropriation for charter schools to the charter school administrative office no later than July 15 of each year for distribution to the charter schools.

The sums appropriated shall be expended by the department of education for the purposes of this part.

PART II. EDUCATION AND WORKFORCE DEVELOPMENT

SECTION 5. The legislature finds that smaller learning communities within the department of education have met with great success and have proven to be highly conducive to learning. The legislature further finds that the State can benefit from the establishment of applied learning high school academies—department of education high schools, including schools within schools, with approved five-year plans to deliver applied learning curriculum, including project EAST (environmental and spatial technology) programs and STEM (science, technology, engineering, and mathematics) programs, linked to the missions of state agencies or University of Hawaii campuses, colleges, programs, or departments, which includes significant contributions of land, facilities, personnel, or other resources by the agencies or university units.

SECTION 6. 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 2007-2008, for the establishment of an applied learning high school academy program as provided under this part.

The sum appropriated shall be expended by the department of education for the purposes of this part.

PART III. TEACHER PREPARATION, PROFESSIONAL DEVELOPMENT,

AND RESEARCH PROGRAMS

SECTION 7. The legislature finds that recruitment and retention of qualified teachers for Hawaii's public schools continues to be a challenge for Hawaii's department of education and charter schools, as well as the teacher education community. The University of Hawaii's college of education plays a major role in the education of future teachers, continued professional development of educators, and programs that lead to licensing, certificate programs, mentoring of teachers, educational research, and policy studies.

The legislature further finds that the strategic plan of the University of Hawaii at Manoa calls for an ongoing commitment to public education in Hawaii.

The legislature further finds that teachers have expressed great frustration with the implementation of and compliance with the No Child Left Behind Act. Since its enactment, there has been a significant amount of experience and analysis of the effectiveness of the No Child Left Behind Act approach to assessments and standards. At the same time, many school systems, including the Hawaii state department of education, have sought to utilize nationally produced assessment instruments that have not always met the needs of our communities. In fact, the State, like many others, has not taken full advantage of the flexibilities that are offered by federal law. It is also apparent that referencing our standards requirements to a law that may be modified or repealed may limit the State's options.

The legislature further finds that greater collaboration between the University of Hawaii's many educational resources, including the Hawaii educational policy center and the department of education, will benefit all of Hawaii's students.

Specifically, this part includes appropriations for the following programs:

(1) Teacher education capacity (fiscal year 2007-2008: $65,000; fiscal year 2008-2009: $130,000). To continue efforts to fill the State's need for qualified teachers for Hawaii's keiki, this appropriation for additional permanent positions in fiscal year 2007 and another in fiscal year 2008 for the college of education allows the school to accept more qualified students into teacher education programs, thus increasing the number and quality of locally produced teachers in shortage areas such as mathematics, science, and, in keeping the P-20 initiative, early childhood education;

(2) Supporting the center on disability studies (fiscal year 2007-2008: $120,000; fiscal year 2008-2009: $120,000). To meet federal grant requirements for institutional support, the center on disability studies requests two additional permanent faculty positions. The center on disability studies operates with only one general-funded position. The additional positions will enable the center on disability studies to further expand its ability to obtain additional grant funds and, therefore, its outreach to serve the increasing numbers of persons with disabilities. The center on disability studies works through training, research, and service to improve quality of life for people with disabilities throughout the State, and currently manages more than eighty-eight faculty and staff members and fifty projects with a budget of over $15,000,000;

(3) Funding for mentor teachers (fiscal year 2007-2008: $125,000; fiscal year 2008-2009: $125,000). Cooperating teachers/counselors and observation/participating teachers in grades kindergarten through twelve classrooms throughout the State provide an essential service to the college of education by supervising and mentoring full-time student teachers and other education practicum students in the field required for licensure. Funding for this item is requested to:

(A) More appropriately compensate mentor teachers for the additional work they provide in developing Hawaii's teacher workforce; and

(B) Put mentor compensation on par with other institutions of higher learning in the State;

(4) Funding for schools to apply to become professional development schools (fiscal year 2007-2008: $250,000; fiscal year 2008-2009: $250,000). Schools in reconstruction status under the federal No Child Left Behind law may compete for grants that address standards-based learning, teacher preparation, and professional development by the placement of faculty within the school to work with future and current teachers;

(5) Permanent special education faculty (fiscal year 2008‑2009: $500,000). The State of Hawaii's need for more qualified special is allocated teachers is increasing. In order to fulfill this need, the college of education requests funds to hire seven permanent faculty and one full-time staff person in the special education department. These positions have been funded by the Hawaii department of education under a memorandum of agreement with the college of education, which, if discontinued, would severally impact the college of education’s ability to produce qualified special education teachers;

(6) Funding responsibility for the master of education in teaching program (fiscal year 2007-2008: $700,000; fiscal year 2008-2009: $700,000). Transfer funding for the master of education in teaching program from the department of education to the college of education and expand stipends to include native Hawaiian cohort teachers. The master of education in teaching program is a two-year program, including two semesters of field experience in grades kindergarten through twelve classroom settings. During the fourth semester, teacher candidates work as teacher interns, whereby they fill a vacated department of education teacher position and are the teacher of record from January to the end of the department of education calendar year. The funds are used to pay mentor teachers in the program and stipends to the student interns in both the on-going master of education in teaching program cohort and to expand funding to include the native Hawaiian master of education in teacher program cohort;

(7) Provide funding for the office of school redesign at the University of Hawaii at Manoa (fiscal year 2007‑2008: $300,000; fiscal year 2008-2009: $300,000). The office of school redesign will provide technical support to public secondary schools and help in the development and implementation of small learning communities within large secondary schools throughout the State. With the appropriated moneys, the office will:

(A) Maintain a research database on the creation and effectiveness of small redesigned secondary schools;

(B) Lead state advocacy efforts for the creation of small redesigned secondary schools;

(C) Provide technical assistance to schools engaging in redesign through professional development institutes, facilitating/arranging visitations to exemplary or merging sites in Hawaii and elsewhere, and preparing/supporting a cadre of on-site coaches;

(D) Develop and promote connections and professional development opportunities for learning and sharing among local change agents;

(E) Participate with national networks of practitioners and researchers involved in launching or redesigning schools and school systems;

(F) Promote the concept of a research cadre that will be involved in developing, documenting, and disseminating understandings about school redesign, and contributing to a research database. Promote and facilitate dialogue among various school stakeholders with respect to the most current research and understandings about school redesign;

(G) Foster communication among educators, decision-makers, and the greater community to advance secondary school redesign; and

(H) Assist schools in preparing grant applications to advance redesign activities;

(8) Continue to support the collaboration of the college of education in filling the gap in producing highly qualified teachers. The Teach for America program in Hawaii is a partnership of the Hawaii department of education, the University of Hawaii college of education, and the national Teach for America program with support from the state legislature, the governor’s office, and private foundations/corporations. The intent is to provide highly qualified teachers in traditionally hard to fill areas such as mathematics, science, and special education, to serve in high poverty, high need communities. These are areas that the institutions of higher education in Hawaii collectively have been consistently unable to address. Teach for America is currently recruiting teachers to fill Hawaii vacancies. The funds are to provide a masters of education in teaching degree for newly hired Teach for America teachers (4 positions for fiscal year 2007‑2008: $250,000; 4 positions for fiscal year 2008-2009 $250,000); and

(9) Create a seamless career pathway from high school to community college to baccalaureate completion preparing educational assistants and teachers to fill high need areas through Leeward community college and the University of Hawaii at Manoa college of education. Leeward community college and the college of education will work together to recruit, train, and retain prospective educational assistants, paraprofessionals, and elementary and secondary teachers by combining resources to reach out to community members interested in pursuing a career in education. Leeward community college will provide education training resulting in an associate of arts in teaching degree. The college of education will accept Leeward community college associate of arts in teaching degree holders into an upper division cohort specially designed for associate of arts in teaching graduates that will lead to state teacher licensure. Courses will be delivered in Leeward communities through face-to-face, distance learning, and/or hybrid instruction. Leeward community college requests 2.5 positions (fiscal year 2007-2008: $158,000; fiscal year 2008-2009: $158,000). College of education requests 3.5 positions (fiscal year 2007-2008: $255,000; fiscal year 2008-2009: $255,000).

The legislature further finds that currently the public school system in Hawaii is not graduating adequate numbers of students with basic science, technology, engineering, and mathematics (STEM) skills to meet the workforce demands of the State. An emphasis must be placed on programs to develop skills in these areas to prepare our students for challenging careers in this global society where STEM disciplines have become much more prominent. In order to properly educate and prepare students in the STEM disciplines, the State must invest in the training of an educated teaching workforce to help to ensure that our students will succeed in the workforce. The legislature finds that the quality of STEM teaching in Hawaii's schools will be improved by providing enhanced professional development opportunities for practicing teachers.

The purpose of this part is to provide funding for key programs that will increase the capacity of the college of education to educate qualified teachers, meet federal requirements for institutional support of disability studies, expand teacher professional development and mentoring programs, and transfer the office of school redesign from the department of education to the University of Hawaii. In addition, this part will:

(1) Establish the research experience for teachers program to support the development of middle school teacher STEM skills and knowledge and develop middle school curriculum for STEM subjects and provide funding therefor;

(2) Establish a professional development program for grades kindergarten through twelve teachers and provide funding therefore;

(3) Clarify the dual purposes of the Hawaii educator loan program;

(4) Amend the amounts of loan forgiveness for the Hawaii educator loan program;

(5) Appropriate funds for the Hawaii teacher cadet program; and

(6) Appropriate funds for induction teacher mentoring for new teachers and teachers who are new to Hawaii at a fifteen-to-one teacher to mentor ratio.

SECTION 8. (a) There is established the research experiences for teachers program, which shall be administered by the University of Hawaii college of engineering. The purpose of the research experiences for teachers program shall be to support the development of middle school teacher skills and knowledge and the development of middle school curriculum materials in science, technology, engineering, and mathematics (STEM) subject areas, with a particular focus on wireless communications.

(b) The research experiences for teachers program shall:

(1) Educate teachers in the advances in technology in wireless communications and engineering;

(2) Enhance teacher research skills through the use of software and innovative uses of equipment;

(3) Provide teacher participants with hands on research experiences;

(4) Support teachers in developing classroom lessons and program activities that meet their course objectives and student performance standards; and

(5) Provide opportunities to share and collaborate with other teacher participants to ensure successful implementation of curricula and programs.

(1) Providing on-site lectures, demonstrations, and laboratory tours at the University of Hawaii and middle schools;

(2) Reviewing wireless communication concepts, methods, history, and applications;

(3) Reviewing engineering and relevant science concepts, research methodology, and real-world applications;

(4) Reviewing key components of inquire-based teaching materials;

(5) Providing teachers with technical content support;

(6) Assisting teachers in adapting state-of-the-art engineering research into a meaningful classroom experience for students;

(7) Providing semiannual video conference/seminar to transfer relevant information and experiences among teacher participants and sponsors;

(8) Providing summer engineering workshops for teachers; and

(9) Maintaining a website for content and program dissemination.

SECTION 9. There is established within the University of Hawaii a professional development program to provide practicing elementary, middle, and high school teachers of science and mathematics with opportunities to increase their knowledge and understanding of recent developments in science, technology, engineering, and mathematics. The professional development program shall be open to both certificated and non-certificated teachers. Design of the professional development program shall include evaluation of best practices in other school jurisdictions. In recognition that the year-round public school calendar has shortened the summer period, that not all schools are on the same academic calendar, and that programs throughout the year, offered in a variety of formats, would facilitate immediate implementation in the classroom, the program shall have the following attributes:

(1) Flexibility—the program shall provide a variety of options designed to meet the specific needs of Hawaii's teachers, which may include summer institutes, a combination of summer, after school, or weekend institutes, distance learning through video conferencing or other mechanisms, neighbor island locations, or other options; and

(2) Accountability—the program shall provide a method to track the student outcomes derived from participation in the program.

The goal of the professional development program for practicing teachers shall be to provide training for two thousand six hundred teachers during the 2007-2009 biennium.

SECTION 10. Section 304A-701, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-701[]] Hawaii educator loans; eligibility; amounts[.]; forgiveness. (a) There is created the Hawaii educator loan program to be administered by the University of Hawaii, [~~to provide financial support to students who complete~~] the purpose of which is to:

(1) Provide recruitment incentives for students to enroll in state-approved teacher education programs; and

(2) Provide a retention incentive for teachers who have graduated from a state-approved teacher education program and who agree to teach in the Hawaii public school system.

Eligibility shall be awarded by the university to students on a competitive basis.

(b) The amount to be loaned to a student under the recruitment incentive loan portion shall be determined by the board of regents based on need for financial aid and proof of acceptance into a state-approved teacher education program at the university. The maximum amount of loans that a student may receive under this program shall be an aggregate amount equivalent to tuition payments and costs of textbooks and other instructional materials necessary to complete a state-approved teacher education program.

SECTION 11. Section 304A-702, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) Upon a showing of proof that the loan recipient has completed a state-approved teacher education program and is employed as a full-time teacher in the Hawaii public school system, [~~one-tenth~~] per cent of the total amount of the loan and interest shall be waived for every year of the first [~~five~~] three years, and the remaining balance shall be waived after the sixth year that a loan recipient teaches in a Hawaii public school in a hard-to-fill position as determined by the superintendent of education, including special education, regular education shortage categories, or Title 1 schools, and in one of the following capacities:

(1) As an elementary school teacher teaching in the field of elementary education who has met standards as set forth by the Hawaii teacher standards board; or

(2) As a secondary school teacher teaching in the subject area that is relevant to the loan recipient's academic major as certified by the department of education who has met standards as set forth by the Hawaii teacher standards board."

2. By amending subsection (d) to read:

"(d) If a loan recipient subject to this section fails to teach in the Hawaii public school system for a minimum of [~~ten~~] six consecutive years from the loan recipient's original date of employment with the department of education[,] or a charter school, excluding sabbatical and other forms of temporary leaves of absence, then the loan recipient shall repay any remaining loan balance at the rate of ten per cent simple interest."

SECTION 12. 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 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the University of Hawaii to carry out the purposes of this part, including the hiring of necessary staff; provided that:

(1) For fiscal year 2007-2008, the sums appropriated shall be allocated as follows:

(A) $65,000 for an additional position for the college of education to increase teacher education capacity;

(B) $120,000 for 2.0 (FTE) positions for the center on disability studies;

(D) $250,000 to enable schools to apply to become professional development schools;

(E) $700,000 for the master of education in teaching program;

(F) $300,000 for the office of school redesign;

(G) $250,000 for the college of education to fund masters of education in teaching degrees for teachers;

(H) $158,000 for 2.5 (FTE) positions for Leeward community college for educational training;

(I) $255,000 for 3.5 (FTE) positions for the college of education for educational training; and

(J) $ for the Hawaii educator loan program.

(2) For fiscal year 2008-2009, the sums appropriated shall be allocated as follows:

(A) $130,000 shall be for 2.0 (FTE) positions for the college of education to increase teacher education capacity;

(B) $120,000 for 2.0 (FTE) positions for the center on disability studies;

(D) $250,000 to enable schools to apply to become professional development schools;

(E) $500,000 for permanent special education faculty;

(F) $700,000 for the master of education in teaching program;

(G) $300,000 for the office of school redesign;

(H) $250,000 for the college of education to fund masters of education in teaching degrees for teachers;

(I) $158,000 for 2.5 (FTE) positions for Leeward community college for educational training;

(J) $255,000 for 3.0 (FTE) positions for the college of education for educational training; and

(K) $ for the Hawaii educator loan program.

The sums appropriated shall be expended by the University of Hawaii.

SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $187,905, or so much thereof as may be necessary for fiscal year 2007-2008, and the sum of $250,540, or so much thereof as may be necessary for fiscal year 2008-2009, for the research experiences for teachers program.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

SECTION 14. There is appropriated out of general revenues of the State of Hawaii the sum of $350,000, or so much thereof as may be necessary for fiscal year 2007-2008, and the amount of $700,000, or so much thereof as may be necessary for fiscal year 2008-2009, for developing programs for professional development in science, technology, engineering, and math (STEM) subjects for practicing teachers.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

SECTION 15. 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 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, to the Hawaii teacher cadet program fund.

SECTION 16. There is appropriated out of the Hawaii teacher cadet program fund of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the operations of the teacher cadet program, including recruitment, retention, training, and teacher support.

The sums appropriated shall be expended by the department of education for the purposes of this part; provided that the Hawaii alliance for future teachers matches the amounts appropriated, as provided in section 302A-401.5, Hawaii Revised Statutes.

SECTION 17. 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 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for induction teacher mentoring for new teachers and teachers who are new to Hawaii based upon a fifteen-to-one teacher to mentor ratio. Induction mentors, not new teachers, should be recognized as educators who have demonstrated exemplary performance and these educators shall have the opportunity to be induction teachers and their participation shall be flexible. These teachers shall have full return rights to their previous teaching positions.

The sums appropriated shall be expended by the department of education for the purposes of this part.

PART IV. EARLY EDUCATION

SECTION 18. The early learning education task force, established by Act 259, Session Laws of Hawaii 2006, was assigned the following task:

The task force shall develop a five-year plan with annual increments for a coherent, comprehensive, and sustainable early learning system that shall ensure a continuum of quality early learning opportunities for young children in the State from birth up to age five, and which maximizes public and private resources.

Among the guiding principles for the design of an early education system is the fact that skilled and knowledgeable early care and education practitioners are an essential key to quality and they must have access to education and training opportunities as well as receive equitable compensation and opportunities in order to succeed.

The task force found there are five key elements to proactively increasing early educator capacity, namely to:

(1) Expand the availability and reach of scholarships, with state-funded financial aid, to support early educators in completing college degrees and early childhood education-related coursework;

(2) Expand distance learning options for all early educators;

(3) Expand offerings of early childhood education-related college courses and community-based training to meet the needs of early educators and junior kindergarten teachers who are currently in the workforce;

(4) Establish a mentoring and coaching program to improve the quality of early childhood programs statewide, starting with a focus on programs for four-year-olds; and

(5) Establish a recruitment and retention initiative to attract new entrants to the early childhood field, encourage practitioners to improve their qualifications, and entice highly-qualified early educators to remain in Hawaii's early learning community.

The legislature further finds that an effective incentive program can be designed based on national models currently used in states with successful programs.

The legislature also finds that additional funding is needed for teachers for junior kindergarten programs to ensure an appropriate adult-to-student ratio of one adult for every ten students.

In addition, more can be done to identify unused public school land or facilities for use by state early childhood education programs.

The purpose of this part is to:

(1) Establish an early educator incentive program that will provide funding for professional development, as well as subsidies for employees of early education schools who agree to continue their employment for a minimum of one year in an early education school affiliated with a public school;

(2) Encourage collaboration between state funded early childhood education special education programs and private early childhood education providers;

(3) Develop early childhood education inclusion programs in special education early childhood education classrooms subsidized by the department of education and the parents of the participating children;

(4) Require the department of education to identify unused public school land or facilities for use by state early childhood education programs; and

(5) Appropriate funds.

SECTION 19. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Early educator incentive program. (a) There is established an early educator incentive program within the department for administrative purposes.

(b) The program shall be administered by a nonprofit organization, the contract for which shall be awarded through a competitive bid process.

(c) The administrator of the program shall create a competitive bid system for early education schools that are willing to participate in the program.

(d) Scholarships shall be awarded to residents of the State who are currently caring for or employed to care for three or more unrelated children in private, public, or not-for-profit settings that are either licensed or licensed-exempt while pursuing an associate's degree or bachelor's degree in early childhood education or certification as an early childhood education teacher, including certification as a special education teacher, at a college or university within the University of Hawaii system.

(e) Eligibility for scholarships shall be limited to persons who:

(1) Provide direct early care and education to three or more unrelated children, including but not limited to persons employed as teachers, aides, assistant teachers, or family child care providers;

(2) Have been employed in their positions as early care and education professionals for a minimum of one year prior to applying for the scholarships;

(3) Are enrolled in and pursuing courses of study that will lead to an associate's or bachelor's degree as an early childhood care and education professional or certification as a teacher, including certification in special education; and

(4) Commit to teach in an early childhood care and education setting for at least one year following the course completion date; provided that if scholarships are provided for two or more courses during the same school term, the commitment to teach shall remain one year.

(f) The nonprofit organization shall establish guidelines approved by the department governing the implementation of the scholarship program. The guidelines shall include but not be limited to the following:

(1) The level of academic achievement scholarship recipients shall be required to maintain while participating in the scholarship program;

(2) The maximum scholarship a person may be awarded in a designated period of time;

(3) The allowable expenses, including tuition, fees, books, and travel stipends;

(4) The financial responsibilities of scholarship recipients should they fail to complete their course requirements; and

(5) The duties and obligations of scholarship recipients upon graduation, including the minimum number of years that they shall be required to work in early childhood care and education in the State.

(g) The nonprofit organization shall also provide wage supplements to staff in licensed and licensed-exempt settings that serve a minimum of three unrelated children; provided that all teaching staff and administrative staff who supervise teachers' work with children in center-based programs, including for-profit, faith-based, private, nonprofit, and subsidized programs, shall be eligible for wage supplements, regardless of job or program title.

Subject to the availability of sufficient funds, the wage supplements shall be paid to early childhood practitioners in the form of bonuses at six-month intervals. Six months of continuous service with a single employer shall be required to be eligible to receive a wage supplement bonus.

Wage supplements shall be paid directly to program organizations, who in turn shall be responsible for paying these supplements to their eligible employees. Organizations shall be responsible for providing the nonprofit organization with the required qualifying documents, including transcripts, to demonstrate their qualifications for a particular wage supplement level. Individuals receiving the wage supplements shall be currently working in a licensed or licensed-exempt setting that serves three or more unrelated children or they shall not be eligible to receive wage supplements. Wage supplements plus an individual's wages shall not exceed an amount equal to the wages of a public school teacher with commensurate education and experience."

SECTION 20. Section 302A-401, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) For the purposes of this section:

"Eligible student" means a high school student in the eleventh or twelfth grade who:

(1) Has passed a standardized test administered by the college that demonstrates the student's ability to succeed at the college level;

(2) Is under the age of twenty-one as of September 1 of the school year in which the college course is taken; and

(3) Has other qualifications deemed appropriate by the department of education or the University of Hawaii; provided that subsequent qualifications do not restrict any student from taking the standardized test.

"Qualified course" means any vocational or academic course offered by the University of Hawaii system that also applies to the department's graduation requirements or is otherwise permitted by department rule or policy[.]; provided that "qualified course" shall include any professional and career education for early childhood course offered by the University of Hawaii system at the one-hundred level and above."

SECTION 21. Section 302A-1506.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1506.5[]] Early childhood education facilities; identifying sites[.]; inspections. (a) The department [~~of education~~] shall identify unused public school facilities for use by early childhood education programs. Suitable empty classrooms, as determined by the department, shall be [~~inventoried for potential use in~~] prepared and utilized for early childhood education programs[.]; provided that the classrooms shall meet the licensing standards determined by the departments of education and human services. Priority shall be given to land or facilities on sites with sufficient space for three or more classrooms to be renovated or constructed.

(b) The department shall assist in the identification of possible construction sites for private providers to build early childhood education facilities.

(c) The department shall inspect each early childhood education facility as frequently as it deems necessary for the proper operation, sanitation, and safety of the facility. The inspections shall be made at least once each year. All early childhood education facilities shall be open at all times to visitation and inspection by representatives of the departments of education, human services, and health, and by the designated representatives of the respective county fire departments.

(d) The department may adopt rules pursuant to chapter 91 to effectuate this section."

SECTION 22. 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 2007-2008, and the same amount, or so much thereof as may be necessary for fiscal year 2008-2009, for the early educator incentive program.

The sums appropriated shall be expended by the department of education for the purposes of this part.

SECTION 23. 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 2007-2008, and the same amount, or so much thereof as may be necessary for fiscal year 2008-2009, for junior kindergarten teachers, to ensure that the student-to-teacher ratio in junior kindergarten programs shall not exceed ten students for every one adult.

The sums appropriated shall be expended by the department of education for the purposes of this part.

SECTION 24. 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 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the department of education to provide subsidies to private early childhood education providers to accept early childhood education special education students and to hire early childhood education intervention specialists to provide direct services to special education early childhood education students in private programs.

The sums appropriated shall be expended by the department of education for the purposes of this part.

PART V. ACADEMIC ACHIEVEMENT

SECTION 25. Act 160, Session Laws of Hawaii 2006, appropriated $2,000,000, for purchasing science textbooks and teaching resources.

The purpose of this part is to improve the academic achievement of students in mathematics by providing funds for the following purposes:

(1) To purchase mathematics textbooks and other learning materials, including virtual learning resources, for articulated K‑12 mathematics instruction within a complex;

(2) To provide funds for professional development in mathematics, coaching, and the use of assessments to provide appropriate mathematics interventions for individual students; and

(3) To provide funds for mathematics coaches and their training.

SECTION 26. 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 2007-2008, for the purposes of:

(1) Purchasing mathematics textbooks and other mathematics learning materials;

(2) Funding professional development for teachers of mathematics, mathematics coaching;

(3) Conducting assessments to provide appropriate mathematics interventions for individual students; and

(4) Funding for mathematics coaches and their training.

The sum appropriated shall be expended by the department of education for the purposes of this part.

PART VI. MISCELLANEOUS

SECTION 27. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 28. This Act shall take effect on July 1, 2007; provided that sections 10, 11, 19, 20, and 21 shall be effective upon approval.

THE SENATE	S.B. NO.	1933
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII