Report Title:

BOE; DOE; Teachers; Probationary Period

Description:

Authorizes the board of education to establish the duration of probationary periods for new teachers, principals, and vice-principals of the department of education.

THE SENATE	S.B. NO.	2678
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.  The legislature finds that, during the past round of negotiations for the 2007-2009 bargaining unit 05 collective bargaining agreement, the department of education and the Hawaii state teachers association bargained and reached an agreement in good faith on a provision to reduce the probationary period for non-tenured teachers from two consecutive years (4 semesters) to one year (2 semesters).  Upon reaching a voluntary settlement on the unit 05 contract, the parties discovered that the negotiated provision was in direct conflict with section 302A-607, Hawaii Revised Statutes.  Section 302A-607, Hawaii Revised Statutes, states, in relevant part, "[a]ll 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 . . . ."

     The purpose of this Act is to give the board of education and the department of education flexibility in determining the minimum period of time teachers, principals, and vice-principals shall serve as probationary employees of the department of education.

     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 specified period of time as established and determined by the board 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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