SB2663 SD1

PART I

SECTION 1. The legislature finds that, since July 2002, the Hawaii teacher standards board has been licensing teachers and approving teacher preparation programs. The Hawaii teacher standards board has worked in collaboration with teacher preparation programs, schools, agencies, and the department of education to improve the quantity and quality of teachers in the State, as well as the quantity and quality of necessary and relevant data that is accessible to all parties.

In 2007, the confirmation process for nominations to the Hawaii teacher standards board became an issue. Questions regarding the appropriate entities to make recommendations to the governor under the law and specifying or clarifying those constituencies to be represented, including their size, require the legislature's attention to ensure effective operations of the Hawaii teacher standards board through proper representation of interested parties. Efforts to address the process have been undertaken through a collaborative effort by the interested parties, including the Hawaii teacher standards board, to refine the current system.

The purpose of this Act is to make necessary changes to the membership and nomination process for, provide necessary funding for increased information accessibility for, and increase accountability of the Hawaii teacher standards board.

PART II

SECTION 2. The purpose of this part is to:

(1) Increase the number of teaching professionals on the Hawaii teacher standards board;

(2) Define "teachers regularly engaged in teaching"; and

(3) Clarify those organizations that may nominate candidates for membership on the Hawaii teacher standards board.

SECTION 3. Section 302A-801, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) There is established the Hawaii teacher standards board, which shall be placed within the department for administrative purposes only. The board shall consist of [~~thirteen~~] fourteen members, including not [~~less~~] fewer than [~~six~~] seven licensed teachers regularly engaged in teaching, three educational officers, the chairperson of the board of education or the chairperson's designee, the superintendent or the superintendent's designee, a representative of independent schools, and the dean of the University of Hawaii college of education or the dean's designee; provided that the dean's designee shall be chosen from the member institutions of the teacher education coordinating committee established under section [[]304A‑1202[]]. For purposes of this section, "teachers regularly engaged in teaching" shall mean teachers, school counselors, and school librarians who are not assigned the duties of a school administrator.

(b) Except for the chairperson of the board of education, the superintendent, and the dean of the college of education, the governor shall appoint the members of the board pursuant to section 26-34, from a list of qualified nominees submitted to the governor by [~~the departments, agencies, and organizations representative of the constituencies of the board.~~]:

(1) The exclusive representatives for public school teachers and school administrators;

(2) Any national professional organization that represents teachers or school administrators with a local chapter in the State; and

(3) The Hawaii Association of Independent Schools for the private school teachers.

To the extent possible, the board membership shall reflect representation of elementary and secondary school personnel from [~~all islands.~~] Oahu and the neighbor islands approximating the proportion of teachers and administrators that work in these areas. The teacher members of the Hawaii teacher standards board shall hold licenses representative of the range of subject matter and levels, elementary, middle, and high school, taught in public schools. The school administrator members of the Hawaii teacher standards board shall be administrators assigned to elementary, middle, and high schools."

PART III

SECTION 4. Over the past several years, the board has been developing an electronic licensing system that has the capability of interfacing with public and private Hawaii teacher education institutions and the department of education to share information about licensed teachers. The system also has the capacity to receive data from these same institutions and agencies in a new way that expedites operations as well as avoids the need for duplicative collection of data by multiple institutions and agencies. This sharing of information will enable all parties to expedite the performance of their duties and responsibilities.

The data-sharing effort has three facets: (1) technology; (2) functionality; and (3) project management and coordination. The Hawaii teacher standards board uses SOAP-based web services as the technology base for the interface between its network partners, and there is a need for all parties to implement SOAP-based web services or install turnkey hardware/software/communications translation solutions to interface partners' existing systems to the information network without change to those systems.

The legislature further finds that, over the next several months, the participating organizations will work to agree on the list of transactions that each will be prepared to service and originate. These transactions shall include all information that each participating institution or agency, including the department of education, stores in its automated system that may support teacher licensing, re-licensing, teacher education, and hiring, including but not limited to license information for any current licensees, license application information for any applicant, state-approved teacher education program completer information, university course completion information for any licensee, higher education degree information, teacher employment and work site information, teacher termination, resignation, retirement, and leave status.

The purpose of this part, based on the support of the teacher education coordinating committee, is to authorize the Hawaii teacher standards board to coordinate an effort to create a network incorporating the teacher education institutions and the department of education in order to support the free interchange of information valuable to all of the participating organizations. Further, it is the purpose of this part to provide funds to achieve this interchange.

SECTION 5. 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 2008-2009 for the purposes of this part; provided that:

(1) An assessment of available internal resources and additional resources required shall be used to determine the funding needed to implement this part; and

(2) In consultation with the participating organizations, the Hawaii teacher standards board shall use and disburse the funds to the network partners in a manner that responds to the organizations' needs and circumstances while aiming to meet the purposes of this part.

The sum appropriated shall be expended by the Hawaii teacher standards board for the purposes of this part.

PART IV

SECTION 6. The purpose of this part is to increase accountability and expand the scope of the information provided by the Hawaii teacher standards board to the legislature and the governor to include information on income and expenditures and to require a summary report with data from the previous five years of the Hawaii teacher standards board's accomplishments and objectives, efforts to improve and maintain teacher quality, and efforts to keep its operations responsive and efficient.

SECTION 7. Section 302A-803, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to establishing standards for the issuance and renewal of licenses and any other powers and duties authorized by law, the board's powers shall also include:

(1) Setting and administering its own budget;

(2) Adopting, amending, or repealing the rules of the board in accordance with chapter 91;

(3) Receiving grants or donations from private foundations, and state and federal funds;

(4) Submitting an annual report to the governor and the legislature on the board's operations, including income and expenditures, and [~~from the 2007-2008 school year, submitting~~] a summary report [~~every~~] with data from the previous five years of the board's accomplishment of objectives, efforts to improve or maintain teacher quality, and efforts to keep its operations responsive and efficient;

(5) Conducting a cyclical review of standards and suggesting revisions for their improvement;

(6) Establishing licensing fees in accordance with chapter 91, including the collection of fees by means of mandatory payroll deductions, which shall subsequently be deposited into the state treasury and credited to the Hawaii teacher standards board special fund;

(7) Establishing penalties in accordance with chapter 91;

(8) Issuing, renewing, revoking, suspending, and reinstating licenses;

(9) Reviewing reports from the department on individuals hired on an emergency basis;

(10) Applying licensing standards on a case-by-case basis and conducting licensing evaluations;

(11) Preparing and disseminating teacher licensing information to schools and operational personnel;

(12) Approving teacher preparation programs;

(13) Administering reciprocity agreements with other states relative to licensing;

(14) Conducting research and development on teacher licensure systems, beginning teacher programs, the assessment of teaching skills, and other related topics;

(15) Participating in efforts relating to teacher quality issues, conducting professional development related to the board's standards, and promotion of high teacher standards and accomplished teaching; and

(16) Adopting applicable rules and procedures."

PART V

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval; provided that section 5 shall be effective on July 1, 2008; provided further that the amendments made to section 302A‑803(a), Hawaii Revised Statutes, in section 7 of this Act, shall not be repealed when that section is reenacted on July 1, 2009, pursuant to section 4 of Act 263, Session Laws of Hawaii 2007.

THE SENATE	S.B. NO.	2663
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII