SB3252

PART I

SECTION 1. The purpose of this measure is to address the ongoing teacher shortage problem in the State through various programs, incentives, appropriations, and changes to the current law relating to teachers. Specifically, this measure:

(1) Appropriates funds for public school teachers and teacher candidates to take PRAXIS preparatory courses, tutorials, or programs to become highly qualified under the No Child Left Behind Act;

(2) Provides teachers with at least ten years of prior teaching experience ten years of service credit when determining the classification of a teacher hired to teach in a hard-to-fill school or subject area;

(3) Provides local private school or out-of-state national board certified teachers with full credit for the teacher's total number of years of teaching experience;

(4) Establishes and appropriates funds for the teacher workforce strategic planning committee to address teacher workforce issues in the State;

(5) Establishes a tax credit to teachers for professional development and training expenses;

(6) Appropriates funds to establish professional development schools within Hawaii public schools to train preservice teachers;

(7) Establishes a graduate school loan program and corresponding special fund for qualified individuals in the areas of occupational therapy, physical therapy, speech language pathology, and school psychology; provides for a loan forgiveness schedule for individuals who maintain approved employment; and appropriates funds for the program;

(8) Provides teachers receiving satisfactory service performance evaluations with annual step increases for five years; prohibits department of education teachers with marginal service performance evaluations from receiving annual step increases; and excludes teachers at the top salary levels from receiving annual step increases;

(9) Appropriates funds to complex areas for academic coaches, professional development, and the retention of teachers;

(10) Establishes the teacher housing allowance program to provide housing assistance to teachers employed in schools in geographically isolated areas or hard-to-fill positions within the State. Appropriates funds for the program;

(11) Appropriates funds for the Hawaii teacher cadet program to address the teacher shortage;

(12) Appropriates funds for a Hawaii beginning teacher induction pilot program within the department of education; and

(13) Authorizes and funds sixteen additional positions at the University of Hawaii, West Oahu campus for teacher education.

PART II

SECTION 2. The legislature finds that the Hawaii educational policy center has reported that, based on preliminary data, by the 2010-2011 school year, the number of new hires required in Hawaii public schools can be reduced from one thousand six hundred to approximately one thousand four hundred. By the 2015-2016 school year, the number can be reduced to approximately eight hundred new hires. In order to accomplish the foregoing reductions, the State must support efforts to assist in-service teachers in passing PRAXIS examinations to become licensed.

The purpose of this part is to appropriate funds to assist public school teachers and teacher candidates participating in preparatory courses, tutorials, or programs for the PRAXIS examinations to become highly qualified under the No Child Left Behind Act.

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 2008-2009 to assist public school teachers participating in preparatory courses, tutorials, or programs for the PRAXIS examinations to become highly qualified under the No Child Left Behind Act.

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

PART III

SECTION 4. Section 302A-618, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The designation of any teacher to any given class shall be determined by the department in accordance with licensing requirements[.]; provided that, for purposes of classifying teachers:

(1) A teachers hired to teach in hard-to-fill schools shall be provided ten years of service credit for teaching experience of ten years or more;

(2) A national board certified teacher shall be provided full service credit equal to the teacher's total number of years teaching experience."

PART IV

SECTION 5. The legislature finds that in 2007, the legislature adopted Senate Concurrent Resolution No. 56, S.D. 1, which requested the Hawaii educational policy center to report on the retention and change in assignment of teachers within the department of education. Pursuant to its study, the Hawaii educational policy center made several findings and recommendations to the legislature, including that the information necessary to develop a teacher workforce strategic plan, as requested in the resolution, is currently unavailable because sufficient data has not been collected annually and consistently from all stakeholders.

The legislature further finds that the Hawaii educational policy center recommended that the legislature convene a teacher workforce strategic planning committee to develop, adopt, adapt, track, and evaluate the implementation of a strategic teacher workforce development plan for the State.

The purpose of this part is to establish the teacher workforce strategic planning committee and provide funding therefor.

SECTION 6. (a) There is established the teacher workforce strategic planning committee within the University of Hawaii. The teacher education coordinating committee shall provide administrative, technical, and clerical support to the committee.

(b) The teacher workforce strategic planning committee shall consist of nine members, without regard to section 26-34, Hawaii Revised Statutes, as follows:

(1) The superintendent of education or the superintendent's designee;

(2) The chair of the Hawaii teacher standards board, or the chair's designee;

(3) One representative from the University of Hawaii at Manoa college of education;

(4) One representative from the University of Hawaii at Hilo education department;

(5) One representative from the University of Hawaii, West Oahu campus division of social services;

(6) One representative from Brigham Young University Hawaii school of education;

(7) One representative from Hawaii Pacific University teacher education program;

(8) One representative from Chaminade University education division; and

(9) One representative from the University of Phoenix Hawaii campus college of education.

(c) The members of the teacher workforce strategic planning committee shall select a chair from among the members. A majority of the members shall constitute a quorum. The members shall not receive compensation for their services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties under this Act. Any member of the task force shall be immune from civil liability, as provided for under section 26-35.5, Hawaii Revised Statutes.

(d) The teacher workforce strategic planning committee shall:

(1) Develop, adopt, adapt, track, and evaluate the implementation of a strategic teacher workforce development plan;

(2) Develop an affordable, easily implemented, multi-agency teacher data system to identify and track teacher candidates through the educational, employment, and professional development pipeline. The system should collect timely and ongoing data to assist policymakers in making decisions and in identifying important trends or patterns that inform and improve targeted teacher recruitment, hiring, retention, professional support and development, and premature retirement or departure rates. The system should also contemplate the need for the transfer of appropriate data, with protocols to protect individual privacy; and

(3) Conduct research on the development and implementation of detailed entrance and exit surveys from institutions of higher education that match student and employee dispositions and experiences with the size, type, and culture of the school to which they were assigned. Research should also focus on why teachers decide to enter the workforce, reasons for transferring from school to school, and factors influencing teachers to leave teaching.

(e) The teacher workforce strategic planning committee shall submit its findings and recommendations, including proposed legislation, if necessary, to the legislature no later than twenty days prior to the convening of the regular session of 2009.

SECTION 7. 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 teacher workforce strategic planning committee established pursuant to this part.

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

PART V

SECTION 8. The legislature finds that, pursuant to Act 313, Session Laws of Hawaii 2001, the legislature supported and funded the establishment and support of professional development schools in Hawaii. Professional development schools, wherein a public school enters into formal agreements with teacher education programs that address standards-based education and teacher preparation, equip teachers with the resources and skills necessary to ensure that all students attain their full potential. An important component of professional development schools is mentoring and induction, which is only part of a holistic approach focused on a specific school or an entire complex. Professional development schools are based on shared decision-making between all parties to improve student learning. Professional development schools have proven successful in: (1) helping hard-to-fill schools grow their own future teachers; (2) better preparing teacher candidates to teach; (3) positively impacting preschool through grade twelve student achievement; and (4) improving teacher retention.

The purpose of this part is to appropriate funds for the establishment of professional development schools in public schools in the State.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $300,000 or so much thereof as may be necessary for fiscal year 2008-2009 for the establishment of three professional development schools in Hawaii public schools; provided that:

(1) The department of education shall allocate funds to professional development schools by means of competitive grants subject to the availability of resources;

(2) A grant application shall include a description of how the professional development school will meet the professional development school standards of the National Council for the Accreditation of Teacher Education and the department's six images of success:

(A) Standards-based learning;

(B) Professionalism and the capacity of the system;

(D) Coordinated team work;

(E) Responsiveness of the system; and

(F) Focused and sustained action;

(3) Five per cent of the funds appropriated for the establishment and continued development of professional development schools shall be set aside for program administration, including an annual professional development school conference;

(4) Grants may be awarded for up to five years at a time and may be renewable; and

(5) Professional development schools shall present annual reports to the department and shall present findings at the annual professional development schools conference.

For the purposes of this part, "professional development schools" means those public schools, consortia of schools, or departments within schools that have entered into formal agreements with state-approved teacher education programs to address standards-based education, teacher preparation, and professional development.

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

PART VI

SECTION 10. The legislature finds that over the past several years, Hawaii's need for licensed physical therapists, registered occupational therapists, licensed speech language pathologists, and school psychologists has exponentially grown to service infants and toddlers, from birth to age three, school-aged children, working adults, and the aging population. However, there are currently no graduate programs in physical therapy or occupational therapy in the State and recruitment and retention of quality staff challenges the entire educational, social services, and related industries in Hawaii. Although the University of Hawaii does maintain a graduate degree program in speech and audiology, the program is currently under probation making future accreditation questionable. Additionally, there is one graduate program in school psychology, but it is currently not accredited. As a result, many Hawaii residents are not only seeking further education in the areas of physical, occupational, and speech therapy outside of the State, but are also continuing to pursue their careers outside of Hawaii. The legislature further finds that the need to establish incentives to recruit qualified individuals for the provision of necessary rehabilitative, therapeutic, and other related services in Hawaii will help to build the State's workforce and ensure our residents receive proper care and treatment.

The purpose of this part is to establish a rehabilitative and related services graduate school loan program for licensed therapists and related service providers enrolled in accredited programs. The program shall also provide for loan forgiveness based upon employment in Hawaii with the State or another qualifying institution following completion of the graduate program.

SECTION 11. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . REHABILITATIVE and related

SERVICES graduate school loan program

§304A-A Definitions. As used in this part, unless the context otherwise requires:

"Approved course of study" means a course of study in occupational therapy, physical therapy, or speech language pathology approved by the board of physical therapy, the director of commerce and consumer affairs, and the board of speech pathology and audiology, as appropriate, or a school psychology program that is professionally accredited.

"Approved employment" means employment with the State or a nonprofit agency or health care organization that satisfies the work requirement under the program in the field of physical therapy, occupational therapy, speech language pathology, or school psychology. Approved employment does not include volunteer services or employment before graduation.

"Program" means the rehabilitative and related services graduate school loan program established under this part.

"Rehabilitative services" means medical or remedial services provided for the reduction of a physical or mental disability that helps recipients to reach a better functional level and includes services provided in the fields of physical therapy, occupational therapy, and speech language pathology.

"Related services" means services that are intended to address the individual needs of students with disabilities in order that they may benefit from their educational program.

"Student" means any resident domiciled in this State, who:

(1) Is a United States citizen or a permanent resident alien; and

(2) Is a college graduate or a full-time student in good standing in a graduate program in physical therapy, occupational therapy, or speech pathology and audiology at a United States accredited university or college.

"University" means the University of Hawaii.

§304A-B Rehabilitative and related services graduate school loan program; established; administration. (a) There is established a five‑year pilot program to be known as the rehabilitative and related services graduate school loan program to provide financial support to individuals who complete graduate programs in the fields of physical therapy, occupational therapy, speech language pathology, and school psychology and who agree to work in those fields in the State for at least three years after completion of the graduate programs. The program shall be administered by the University of Hawaii center for disability studies.

(b) The center for disability studies may provide loans up to $10,000 per academic year to an eligible student upon confirmation from an approved educational institution that the student has been accepted for enrollment in an approved course of study. Loans shall not exceed the amount set forth herein and shall only be used for tuition, books, laboratory fees, and any other required fees necessary to complete a rehabilitative and related services graduate school program. The loan shall be renewable for one additional year.

(c) Eligibility shall be determined by the center for disability studies on a competitive basis; provided that each applicant shall meet all of the following requirements:

(1) Show proof of admission to an approved course of study;

(2) Comply with any conditions placed on the loan by the center for disability studies;

(3) Demonstrate an overall grade point average of at least 3.0 in the student's undergraduate studies, or maintain an overall grade point average of at least 3.0 in the student's graduate program; and

(4) Enter into a written agreement with the center for disability studies to:

(A) Satisfy all degree requirements and other requirements under this part;

(B) Commence employment in this State within six months after completion of an approved degree in physical therapy, occupational therapy, speech language pathology, or school psychology and continue employment for a period of three years for each year a loan is awarded, unless the center for disability studies determines that there are extenuating circumstances for noncompletion; and

(C) Reimburse the center for disability studies all amounts received under this chapter and interest thereon, as determined by the center for disability studies, if the student fails to comply with subparagraphs (A) and (B).

(d) A student shall apply to the center for disability studies, and include all information and documentation required by the center for disability studies.

(e) A student who receives a loan under the program shall commence approved employment no later than six months after the receipt of the degree sought. The student shall continue approved employment for a period of three years for each year a loan was awarded to qualify for loan forgiveness under section §304A‑C.

(f) If a student terminates enrollment in a qualifying rehabilitative or related services graduate school program during the academic year or prior to completion of the approved course of study, the approved educational institution shall notify the center for disability studies in writing and shall return all unused portions of the loan. Returned amounts shall be used to fund other loans under this part.

(g) Loans awarded under the program shall be limited to funds contained in the rehabilitative and related services graduate school loan program special fund under section 304A-F.

(h) The university shall adopt policies and procedures in accordance with chapter 91 to implement the program; provided that the center for disability studies shall be exempt from the public notice and public hearing requirements of chapter 91 with regard to this part.

§304A-C Repayment of loans; loan forgiveness. (a) All loans made under this part shall bear interest at five per cent simple interest. Repayment of principal and interest charges shall commence no later than six months following the receipt of a rehabilitative or related services graduate degree unless the center for disability studies determines there are extenuating circumstances that would delay repayment or the loan recipient's continuation of the loan recipient's rehabilitative or related services graduate education, not to exceed an additional three years.

(b) The repayment period for all loans received from the center for disability studies shall be ten years from the date of the initial payment. The center for disability studies may charge late fees and all other reasonable costs for the collection of delinquent loans.

(c) Upon a showing of proof that the loan recipient has completed a state-approved rehabilitative or related services graduate school program and for each of the three years per loan awarded that the loan recipient is employed in approved employment, one-third of the outstanding loan amount shall be forgiven for each year of approved employment or a pro rata amount for approved employment during part-time employment or other eligible part-time work.

(d) If a loan recipient who is a graduate of a state‑approved rehabilitative or related services graduate school program fails to be employed in approved employment for at least three years for each year a loan was awarded, from the loan recipient's original date of qualifying employment, excluding temporary leaves of absence, the loan recipient shall repay the original loan amount at the rate of ten per cent simple interest.

(e) Liability for repayment of a loan shall be cancelled upon the death or permanent total disability of the borrower.

§304A-D Program administration. (a) The center for disability studies shall monitor and verify a student's or loan recipient's eligibility and fulfillment of all work requirements under this part.

(b) The center for disability studies shall enforce repayment of all loans for a loan recipient who does not comply with this part. In accordance with chapter 103D, the center for disability studies may enter into written contracts with collection agencies for the purpose of collecting delinquent loans. All payments collected, exclusive of a collection agency's commissions, shall revert, and be credited, to the rehabilitative and related services graduate school loan program special fund. A collection agency that enters into a written contract with the center for disability studies for the collection of delinquent loans pursuant to this section may collect a commission from the debtor in accordance with the terms of, and up to the amounts authorized in, the written contract.

§304A-E Annual report. (a) The center for disability studies shall publish an annual report that shall include information regarding the operation of the program and other relevant information, including:

(1) The total number of students receiving loans;

(2) The total amount of loans provided;

(3) The number of full-time and part-time students receiving loans, reported by institution;

(4) The amount of funds awarded to students; and

(5) The total number of students who withdraw from the program.

(b) The annual report shall be submitted to the governor and the legislature not later than twenty days prior to the convening of the regular session of 2009 and each regular session thereafter."

SECTION 12. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to subpart C of part V to be appropriately designated and to read as follows:

"§304A-F Rehabilitative and related services graduate school loan program special fund. There is established the rehabilitative and related services graduate school loan program special fund, for the purpose of providing loans pursuant to section 304A-B. Appropriations made by the legislature, private contributions, repayment of loans, including interest and payments received on account of principal, and moneys from other sources may be deposited into the special fund; provided that:

(1) Moneys on balance in the special fund at the close of each fiscal year shall remain in that fund and shall not lapse to the credit of the general fund; and

(2) An amount from the special fund not exceeding five per cent of the total amount of outstanding loans may be set by the center for disability studies to be used for administrative expenses incurred in administering the special fund."

SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $350,000 or so much thereof as may be necessary for fiscal year 2008-2009 to the rehabilitative and related services graduate school loan program special fund.

SECTION 14. There is appropriated out of the rehabilitative and related services graduate school loan program special fund of the State of Hawaii the sum of $350,000 or so much thereof as may be necessary for fiscal year 2008-2009 to the center for disability studies of the University of Hawaii for the administration of the rehabilitative and related services graduate school loan program.

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

PART VII

SECTION 15. Section 302A-626, Hawaii Revised Statutes, is amended to read as follows:

"§302A-626 Salary increases; annual, [~~longevity.~~] performance. (a) Teachers [~~and educational officers~~] who have completed a year's satisfactory service and who have complied with the other requirements of sections 302A-602 to 302A-640, and 302A-701, shall be entitled to an annual [~~increment.~~] one-half step increase.

(b) Teachers [~~and educational officers~~] who have [~~served satisfactorily for three years in their maximum increment step or in any longevity step and who have complied~~]:

(1) Received satisfactory performance evaluations, as determined by the principal or immediate supervisor; and

(2) Complied with the other requirements of sections 302A‑602 to 302A-640, and 302A-701, shall receive [~~longevity~~] step increases[~~; provided that the~~] to the next highest one-half step in each teacher's respective classification; provided that a teacher who has received a satisfactory performance evaluation and has been employed in the same school for at least three consecutive years shall be entitled to a one-step increase to the next highest step in the teacher's classification for the following fiscal year. The board may grant principals and vice-principals [~~longevity~~] performance step increases [~~more frequently than once every three years~~] pursuant to section 302A-625.

(c) A teacher who receives a marginal performance evaluation, as determined by the principal or immediate supervisor, shall not be entitled to a step increase for the following fiscal year. Upon receipt of a satisfactory performance evaluation, the teacher shall be entitled to a one‑half-step increase to the next highest one-half step in the teacher's classification for the following fiscal year; provided that a teacher who has received a satisfactory performance evaluation and has been employed in the same school for at least three consecutive years shall be entitled to a one-step increase to the next highest step in the teacher's classification for the following fiscal year.

(d) No teacher at the highest step within the teacher's classification shall be entitled to receive an annual step increase pursuant to this section.

(e) The board shall adopt rules in accordance with chapter 91 that establish performance evaluation criteria to effectuate this section."

PART VIII

SECTION 16. The legislature finds that the board of education, in 2002, approved the superintendent's proposal to establish complex areas, headed by complex area superintendents and comprised of two or more school complexes. Each school complex consists of a high school and the intermediate or middle and elementary schools that feed into it. The establishment of complex areas allows each administrator to focus on the needs of the supporting schools and school complexes to provide better supervision and support.

The legislature believes that the establishment of complex areas provides the opportunity for the more efficient management of schools and school complexes contained therein. The allocation of resources within a complex area could also prove highly cost-effective. More autonomy in the management of complex areas can yield beneficial results for the students, staff, and administrators. For these reasons, greater discretion for the allocation of resources should lie with the complex area superintendents.

The purpose of this part is to provide funding to the complex areas for academic coaches and programs or initiatives for professional development or increased teacher retention.

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 2008-2009 for the fifteen school complex areas; provided that the funds shall be provided on a per pupil basis, which shall be in addition to the allocation provided according to the weighted student formula; provided further that the funds appropriated shall be allocated to provide for the following:

(1) Academic coaches for school programs including but not limited to robotics, speech and debate, and science clubs; provided that the department of education shall establish and provide funding at three different levels, based upon the total number of students participating in the club or activity and the total number of hands-on hours the coach spends with the students;

(2) Programs or initiatives for professional development for teachers; and

(3) Programs or initiatives to increase teacher retention.

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

PART IX

SECTION 18. The legislature finds that with an overall shortage of teachers and other educational staff members, including administrators and related service professionals, many schools are hard-pressed to keep staff from accepting positions in other schools or leaving the profession altogether. The cost and availability of housing can greatly impact the recruitment and retention of teachers, especially in geographically isolated communities and in schools plagued with hard-to-fill vacancies. In addition, the high cost of housing in Hawaii creates added economic stress on younger teachers who are among those most likely to leave the profession. The legislature further finds that there is a critical need to provide housing assistance for the recruitment and retention of teachers in hard-to-fill geographically public schools, as determined by the department of education.

The purpose of this part is to establish a teacher housing allowance program to provide housing assistance to teachers employed in public schools in geographically isolated communities and public schools plagued with hard-to-fill vacancies.

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

"§302A‑ Teacher housing allowance program. (a) The department shall establish a teacher housing allowance program to provide housing allowances to teachers employed to teach at public schools in the State.

(b) The amount of the housing allowance shall be equal to the teacher's full-time equivalence multiplied by the difference between the statewide median cost of housing minus the lesser of either the cost of housing in the school district where the teacher is employed or the cost of housing in the school district in which the teacher resides. For purposes of this section, the difference between the school district's cost of housing and the statewide median shall not exceed fifty per cent of the median.

(c) The cost of the housing for each school district and the statewide median shall be determined every four years based on a standard set of housing specifications and on data reported for the most recent annual period for which data are available. The collection of data shall be done by a nationally recognized entity that collects statistically valid housing cost data for federal government agencies and businesses, selected by the superintendent and subject to approval by the board. The department shall contract with the entity selected under this subsection from funds provided for this purpose. For the purposes of this section, the "statewide median cost of housing" means the cost at which there is an equal number of districts with higher housing costs and with lower housing costs.

(d) The department shall administer the housing allowance program and shall adopt rules pursuant to chapter 91 necessary for the program's implementation."

SECTION 20. 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 teacher housing allowance program established under this part.

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

PART X

SECTION 21. The legislature finds that Hawaii continues to have a critical shortage of trained teachers for the public school system. In order to address the teacher shortage, members of the Hawaii alliance for future teachers initiated the teacher cadet program, which began in the 2004-2005 school year with participation of five public high schools: Farrington, Kaimuki, Campbell, Kapolei, and Kahuku high schools. By the 2006-2007 school year, the number of participating schools had increased to twelve schools.

For three years, the Hawaii alliance for future teachers, in partnership with the department of education, implemented a course called explorations in education in some public schools in Hawaii. The goal of the Hawaii alliance for future teachers is to home-grow our own teachers by introducing high school students to the world of teaching. In three years, the number of participating schools has increased from five to twelve schools and approximately two hundred students, mostly seniors, have completed the course.

Members of the first cohort group are presently into their junior year in college. A database system has been installed to track all of the students who have gone through the teacher cadet program. The best and brightest students have been recruited to go through a rigorous course that addresses standards in the teaching profession.

The content of the course includes learning styles, self-assessment, developmental stages of learning, governance in schools, the history of education in the United States and Hawaii, and realities of the teaching profession, including salaries. An important component of the explorations course, renamed teacher education in 2006, is the field experience where students actually experience teaching and work with teachers and students on a regular basis. The feedback from students and mentor teachers has been overwhelmingly positive in terms of gains made by the students in the classrooms as well as the enriching experience for high school students who are seriously considering teaching as a career.

The purpose of this part is to appropriate funds to the Hawaii teacher cadet program to address the teacher shortage in Hawaii and provide for the expeditious release of funding by removing matching requirements for appropriations made to the Hawaii teacher cadet program.

SECTION 22. Section 302A-401.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-401.5[]] Hawaii teacher cadet program fund. (a) There is established the Hawaii teacher cadet program fund as a separate fund of the Hawaii alliance for future teachers, a Hawaii nonprofit organization. Moneys received from the state, county, or federal government, private contributions of cash or other property, and the income and capital gains earned by the fund shall constitute its assets.

(b) The Hawaii alliance for future teachers shall expend moneys from the fund in the form of either grants to organizations or contracts with private vendors to provide programs for students who possess a high level of academic achievement and the personality traits found in good teachers to consider teaching as a career in accordance with this section.

(c) The fund may receive contributions, grants, endowments, or gifts in cash or otherwise from all sources, including corporations or other businesses, foundations, government, individuals, and other interested parties. The legislature intends that public and private sectors review and investigate all potential funding sources. The State may appropriate moneys to the fund.

(d) The Hawaii alliance for future teachers shall appoint the members of the Hawaii teacher cadet program advisory board, which shall be responsible for:

(1) Soliciting and otherwise raising funds for the fund;

(2) Establishing criteria for the expenditure of funds;

(3) Reviewing grant proposals using criteria established by Hawaii alliance for future teachers; and

(4) Making recommendations for grants and other specific expenditures.

Members of the advisory board shall be stakeholders in Hawaii's public educational system, including students, parents, alumni, principals, community and business leaders, and representatives from the department of education and the department of accounting and general services, who shall be represented on the advisory board.

(e) In managing the moneys in the fund, the Hawaii alliance for future teachers shall exercise ordinary business care and prudence given the facts and circumstances prevailing at the time of action or decision. In doing so, the Hawaii alliance for future teachers shall consider its long- and short-term needs in carrying out its purposes, its present and anticipated financial requirements, expected total return on its investments, price trends, and general economic conditions.

(f) There may be an endowment component of the fund, and the Hawaii alliance for future teachers may accumulate net income and add the same to the principal.

(g) The use of any state moneys may be restricted by the legislation appropriating these moneys to the fund.

(h) The Hawaii alliance for future teachers may expend principal from the fund for the purposes of the fund.

(i) Any organization submitting a proposal to the Hawaii alliance for future teachers for moneys shall meet the following standards at the time of application:

(1) Be a for-profit organization duly registered under the laws of the State, or be a nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax, or be an agency of the State or a county;

(2) In the case of a nonprofit organization, have a governing board whose members have no material conflict of interest and serve without compensation;

(3) In the case of an applicant that is not a state or county government agency, have bylaws or policies that describe the manner in which business is conducted and policies that relate to the management of a potential situation involving a conflict of interest;

(4) Have experience with the project or in the program area for which the proposal is being made; and

(5) Be licensed and accredited, as applicable, in accordance with the requirements of federal, state, and county governments.

(j) All proposals submitted to the Hawaii alliance for future teachers for moneys shall be approved by the department for consistency in meeting standards for public schools.

(k) Organizations or agencies to which moneys are awarded shall agree to comply with the following conditions before receiving the award:

(1) Use persons qualified to engage in the activity to be funded;

(2) Comply with the applicable federal, state, and county laws; and

(3) Comply with any other requirements prescribed by the Hawaii alliance for future teachers to ensure adherence by the recipient of the award with applicable federal, state, and county laws and with the purposes of this section.

(l) Chapter 103D shall not apply to organizations or agencies that apply for grants or contracts under this section; provided that the Hawaii alliance for future teachers shall be held accountable for the use of the funds under a contract with the department.

(m) Any contract awarded by the Hawaii alliance for future teachers shall be made with as much competition as is practical to execute its purposes.

(n) The fund shall be audited annually by an independent auditor. The results of each annual audit shall be submitted to the department not later than thirty days from the date the Hawaii alliance for future teachers receives the audit results. In addition, the Hawaii alliance for future teachers shall retain for a period of three years and permit the department, state legislators, and the auditor, or their duly authorized representatives, to inspect and have access to any documents, papers, books, records and other evidence that is pertinent to the fund.

(o) The fund shall not be placed in the state treasury, and the State shall not administer the fund, nor shall the State be liable for the operation or solvency of the fund of the Hawaii alliance for future teachers.

[(p) For every dollar of state moneys granted by the fund to the project, there shall be a minimum of $1 in value matched by the Hawaii alliance for future teachers in cash, or the fair market value of in-kind donations, real property, or any other item of value from federal, state, or county governments, private entities, community-based organizations, non-profit organizations, or individuals.

~~(q)~~] (p) The [~~superintendent of education~~] Hawaii alliance for future teachers shall submit an annual report of the progress of the Hawaii teacher cadet program fund no later than twenty days prior to the convening of each regular session of the legislature."

SECTION 23. There is appropriated out of the general revenues of the State of Hawaii the sum of $176,000 or so much thereof as may be necessary for fiscal year 2008-2009 to the Hawaii teacher cadet program fund.

SECTION 24. There is appropriated out of the Hawaii teacher cadet program fund the sum of $176,000 or so much thereof as may be necessary for fiscal year 2008-2009 for the operations of the Hawaii teacher cadet program, including recruiting additional schools for the teacher education course, training of teachers, supporting teachers, mentoring of students, tracking of students for the Hawaii teacher cadet program, and revising and updating the Hawaii teacher education curriculum.

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

PART XI

SECTION 25. The legislature finds that Hawaii has experienced a severe teacher shortage and rampant turnover in its public schools for the past decade. Each year, the State hires approximately one thousand six hundred new teachers to fill vacant positions statewide. However, once hired, approximately fifty per cent of these newly hired teachers leave the system within five years. The Hawaii educational policy center reports that a primary concern of those leaving is dissatisfaction with an overall lack of professional support for new teachers. Additionally, the Hawaii State Teachers Association reports that, based on a survey of its members, approximately one-third of teachers will leave the profession after only three years with forty-six per cent leaving within five years.

The legislature further finds that the loss of teachers costs the department of education approximately $4,000,000 per year. This estimation, however, may be a conservative estimate with more fully comprehensive estimates totaling closer to $29,000,000 per year.

The legislature supports initiatives and programs that combat the high teacher attrition rates within the department of education and endeavor to develop and retain high-quality teachers. The legislature finds that teacher induction programs can cut teacher attrition in half and improve teacher effectiveness. Accordingly, research indicates that among beginning teachers nationally, forty-one per cent who do not receive induction support change schools or leave the profession altogether after their first year, compared to only eighteen per cent of teachers who participate in high-quality induction programs. Additionally, for every $1 invested in a comprehensive teacher induction program, a return of $1.66 is realized after five years.

The purpose of this part is to establish and fund a Hawaii beginning teacher induction pilot program to assist in the development and retention of highly-qualified teachers in the State.

SECTION 26. (a) There is established a Hawaii beginning teacher induction pilot program within the department of education to help improve the retention of new teachers through rigorous, in-depth assistance and support from highly-trained mentors. The department of education shall provide staff as needed for the implementation of the project.

(b) The goals of the Hawaii beginning teacher induction pilot program shall be to:

(1) Provide an effective transition into the teaching career for six hundred first-year and second-year teachers;

(2) Improve the educational performance of pupils through improved training, information, and assistance for six hundred new teachers;

(3) Ensure professional success and retention of six hundred new teachers;

(4) Ensure that fifty mentors provide intensive individualized support and assistance to each of the six hundred participating beginning teachers;

(5) Ensure that an individual induction plan is in place for each of the six hundred beginning teachers and is based on an ongoing assessment of the development of the beginning teachers;

(6) Ensure continuous program improvement through ongoing research, development, and evaluation; and

(7) Increase teacher retention to ninety per cent.

(c) The Hawaii beginning teacher induction pilot program shall use mentors, selected on the basis of understanding of standards, curriculum, assessment, and literacy/mathematics education. There shall be at least sixty full-time equivalent mentor positions to support six hundred beginning teachers. To the extent possible, mentor positions shall be filled by currently employed teachers and may include retired principals and teachers on a full or part-time basis. Each mentor shall attend at least twelve full days of mentor training at a mentor academy, which shall include instruction on the assessment tools, coaching, observation strategies, and analysis of student work. The mentors shall be fully released from their classroom responsibilities during participation in the program. Mentors shall tailor support to the needs of each individual teacher, which may include:

(1) Classroom management;

(2) At least three formal classroom observations with feedback cycles;

(3) Informal observations;

(4) Collection of student data;

(5) Lesson design;

(6) Demonstration lessons;

(7) Resource identification; and

(8) Interaction with colleagues, parents, and administrators.

Each mentor shall conduct weekly one-on-one meetings with each teacher and attend weekly half-day mentor forums providing continuing professional development for mentors.

(d) The department of education shall ensure that the Hawaii beginning teacher induction pilot program shall also include the following:

(1) A five-day summer institute for beginning teachers, which includes planning for the upcoming school year, familiarization with assessment tools, and a one-day visit to a school to observe exemplary teachers in the first days of school;

(2) Two days of release time for teachers to observe exemplary veteran teachers and debrief; and

(3) At least three half-day trainings for school administrators over the course of the school year to learn how to support the program.

(e) The department of education shall provide for program assessment that shall consist of the following:

(1) The New Teacher Center Formative Assessment System to assist teachers and mentors in collecting data that includes classroom profiles, assessment logs, individual learning plans, self-assessment summaries, and analysis of student work;

(2) The Hawaii Continuum of Teacher Development to allow teachers to self-assess along four characteristics, that is, emerging, applying, integrating, and innovating, and to set goals at the beginning of the year to be evaluated at the year's end;

(3) Data collection, including:

(A) Weekly teacher performance measures;

(B) Teacher certification and retention tracking;

(D) Student achievement, including benchmark assessments in grades three to eight; and

(E) Teacher, mentor, and site administrator surveys; and

(4) A final evaluation and written report to assess the effectiveness of the program based on the teacher, mentor, and site administrator surveys, professional development attendance rates, student achievement benchmarks, and teacher retention tracking.

(f) The department of education shall submit interim reports on the Hawaii beginning teacher induction pilot program, including its status, outcomes, findings, and recommendations to the legislature no later than twenty days prior to the convening each regular session from 2009 to 2011, and a final report to the legislature no later than twenty days prior to the convening of the regular session of 2012.

SECTION 27. There is appropriated out of the general revenues of the State of Hawaii the sum of $300,000 or so much thereof as may be necessary for fiscal year 2008-2009 for the Hawaii beginning teacher induction pilot program established pursuant to this part.

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

PART XII

SECTION 28. The legislature finds that there is a significant need to graduate more highly qualified middle-level and secondary school teachers in Hawaii. Over one thousand classroom teachers in Hawaii currently do not meet the "highly qualified" criteria for licensure, especially in the core subject areas of the middle-level and secondary. The University of Hawaii, West Oahu campus is prepared to assist the State in preparing middle-level and secondary teachers to help close the gap of one thousand, six hundred teachers that presently exists in the State of Hawaii.

In keeping with the University of Hawaii West Oahu mission, the middle-level and secondary programs will make an extra effort to recruit Native Hawaiian and Filipino teacher candidates to become highly qualified teachers, so that they can return to their communities in Central and Leeward Oahu and the Waianae Coast to prepare middle-level and secondary students to be successful students and citizens.

The purpose of this part is to establish and fund additional teacher education positions at the University of Hawaii West Oahu.

SECTION 29. 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 sixteen full-time equivalent (16.00 FTE) permanent teaching positions at the University of Hawaii, West Oahu campus for teacher education; provided that the positions shall be established as follows:

(1) Middle-level:

(A) English- two full-time equivalent (2.0 FTE) positions;

(B) Mathematics- two full-time equivalent (2.0 FTE) positions;

(D) Social studies- two full-time equivalent (2.0 FTE) positions; and

(2) Secondary:

(A) English- two full-time equivalent (2.0 FTE) positions;

(B) Mathematics- two full-time equivalent (2.0 FTE) positions;

(D) Social studies- two full-time equivalent (2.0 FTE) positions.

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

PART XIII

SECTION 30. In codifying the new sections added by sections 11 and 12 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 31. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 32. This Act shall take effect on July 1, 2008; provided that;

(1) Section 6 shall be repealed on June 30, 2009;

(2) Part VI shall be repealed on June 30, 2013;

(3) Section 15 shall be repealed on June 30, 2013, and section 302A-626, Hawaii Revised Statutes, shall be reenacted in the form in which it read on June 30, 2008; and

(4) Sections 4, 19, and 22 shall be effective upon approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3252
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII