STAND. COM. REP. NO.  258-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2367

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Education, to which was referred H.B. No. 2367 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose of this bill is to provide the Board of Education (BOE) and Department of Education (DOE) with the flexibility to determine the minimum period of time that teachers, principals, and vice-principals shall serve as probationary employees of DOE.

     DOE testified in support of this bill.  The Hawaii State Teachers Association supported the intent of this measure.

     Your Committee finds that the need for flexibility in the statutorily-established two-year minimum probationary period must recognize that the probation period may be the subject of collective bargaining.  Accordingly, your Committee has amended this bill by:

     (1)  Retaining the two-year minimum probation period, but permitting it to be revised by collective bargaining; and

     (2)  Also permitting the following to be revised by collective bargaining:

          (A)  Crediting toward fulfillment of the probationary period any full-time intern teaching period served in the state;

          (B)  Renewing any annual contract with any teacher, principal, or vice-principal during the probationary period; and

          (C)  Discharging or demoting a teacher, principal, or vice-principal during the probationary period.

     Technical, nonsubstantive amendments were also made for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2367, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2367, H.D. 1, and be referred to the Committee on Labor & Public Employment.

Respectfully submitted on behalf of the members of the Committee on Education,

____________________________

ROY TAKUMI, Chair