CONFERENCE COMMITTEE REP. NO. 28-08

Honolulu, Hawaii

                 , 2008

RE:    S.B. No. 2449

       S.D. 2

       H.D. 2

       C.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2449, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to remove the statutory probationary periods for new teachers, principals, and vice-principals of the Department of Education.

     Your Committee on Conference finds that, pursuant to the collective bargaining agreement negotiated between the exclusive representative for bargaining unit (5) and the State, newly employed teachers of the Department of Education are subject to a probationary period of one year, or two semesters.  Collective bargaining negotiations between the exclusive representative of bargaining unit (6) and the State regarding probationary periods for principals and vice-principals have also been occurring.  Under the current law, all new teachers, principals, and vice-principals are subject to statutory probationary periods of two years.  This bill removes the statutory probationary periods to allow such matters to be handled through the collective bargaining process.  This change acknowledges the prior and pending agreements made and honors the spirit of the collective bargaining process provided to eligible employees.

     Upon further consideration, your Committee on Conference has amended this bill by including language to indicate that the repeal of the law reflects the Department of Education's and the Hawaii State Teachers Association's efforts to clarify and simplify the process for extending the probationary period for teachers and school administrators.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2449, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2449, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ ROY TAKUMI, Co-Chair	____________________________ NORMAN SAKAMOTO, Chair
____________________________ ALEX M. SONSON, Co-Chair	____________________________ MIKE GABBARD, Co-Chair