Report Title:

Education; Teacher Licensing

Description:

Transfers functions and duties of the Hawaii teacher standards board to the board of education.  (SD1)

THE SENATE	S.B. NO.	1308
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 302A-501, Hawaii Revised Statutes, is amended by amending the definition of "board" to read as follows:

     ""Board" means the [Hawaii teacher standards board.] board of education."

     SECTION 2.  Section 302A-602, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  No person shall serve as a teacher in the department without first having obtained a license from the [Hawaii teacher standards] board in such form as the [Hawaii teacher standards] board determines.  The department shall establish types of certificates in the educational field and the requirements to qualify for those certificates issued to individuals who are not required to obtain a license pursuant to sections [302A-801 to 302A-808.] 302A-802 to 302A-807.

     (b)  Beginning with the [2002-2003] 2009-2010 school year, no person paid under the salary schedule contained in the unit 5 collective bargaining agreement shall serve as a teacher in the department without first having obtained a license pursuant to sections [302A-801 to 302A-808] 302A-802 to 302A-807 from the [Hawaii teacher standards] board in such form as the [Hawaii teacher standards] board determines."

     SECTION 3.  Section 302A-602.5, Hawaii Revised Statutes, is amended to read as follows:

"§302A-602.5  Certificates; revocation.  The department may revoke any certificate after its issuance if the certificate holder does not possess the requisite qualifications.  For the purposes of this section, the term "certificate" does not include a license issued by the [Hawaii teacher standards] board pursuant to part III, subpart D."

     SECTION 4.  Section 302A-702, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The [Hawaii teacher standards] board shall develop, implement, and administer the program."

     SECTION 5.  Chapter 302A, Hawaii Revised Statutes, is amended by amending the title to subpart D of part III to read as follows:

"D.  Hawaii Teacher Standards [Board]"

     SECTION 6.  Section 302A-802, Hawaii Revised Statutes, is amended to read as follows:

"§302A-802  Licensing [standards;] policies.  [(a)  The board shall establish licensing standards that govern teacher licensing in Hawaii.  Licensing standards established by the board shall be adopted as rules under chapter 91 unless otherwise specified in this subpart.

(b)  In the development of its standards, the board shall consider the existing teacher applicant pool that is available in the State and the level of the qualification of these applicants, as well as the nature and availability of existing preservice higher education teacher training programs.

(c)]  The board shall adopt policies, [exempt from] in accordance with chapters 91 and 92, to initiate the following:

     (1)  Develop criteria allowing more individuals with trade or industry experience to teach in vocational, technical, and career pathway programs, and criteria for the issuance of permits allowing qualified individuals to teach when recommended by the superintendent.  The department shall be responsible for the review and acceptance of the relevant licenses, certificates, or other qualifications related to an individual's vocational, technical, or career pathway education-related experience that the department deems necessary for a permit.  The department shall have the authority to waive the requirement of a bachelor's degree to teach in a vocation, technical, or career pathway education program;

     (2)  Develop a plan to accept teachers from any state as long as they have completed state-approved teacher education programs and pass relevant Hawaii teacher examinations or their equivalent;

     (3)  Clarify the requirements, on a state-by-state basis, for out-of-state licensed teachers to obtain a license in Hawaii;

     (4)  Develop a plan to facilitate licensing for those who intend to teach in Hawaii immersion programs, the island of Niihau, or any other extraordinary situation as defined by the superintendent or the superintendent's designee;

     (5)  Pursue full teacher license reciprocity with all other states; and

     (6)  Issue a license to a teacher with a valid out-of-state license who has passed similar, though not identical, tests in basic skills, pedagogy, and subject matter to those required for licensure in the State; provided that upon the effective date of the adoption of administrative rules addressing the recognition of out-of-state teacher licenses, those administrative rules shall supersede the requirements of this paragraph."

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

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

    [(4)] (3)  Submitting an annual report to the governor and the legislature on the board's operations and from the [2007-2008] 2009-2010 school year, submitting a summary report every 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)] (4)  Conducting a cyclical review of standards and suggesting revisions for their improvement;

    [(6)] (5)  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)] (6)  Establishing penalties in accordance with chapter 91;

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

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

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

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

   [(12)] (11) Approving teacher preparation programs;

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

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

   [(15)] (14) 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)] (15) Adopting applicable rules and procedures."

     SECTION 8.  Section 302A-805, Hawaii Revised Statutes, is amended to read as follows:

"§302A-805  Teachers; license required; renewals. (a)  Beginning July 1, [2002,] 2010, all new and renewal licenses shall be issued by the board.  No person shall serve as a half-time or full-time teacher in a public school without first having obtained a license from the board under this subpart.  All licenses issued by the board shall be valid only for the fields specified on the licenses and shall be renewable every five years if the individual continues to:

     (1)  Satisfy the board's licensing standards;

     (2)  Show evidence of successful teaching in the previous five years; and

     (3)  Satisfy the board's requirements for renewal of licenses.

(b)  Teachers whose licenses expire on June 30, 2002, or June 30, 2003, shall be granted an automatic extension of [two] seven years.

(c)  No person shall be issued a license or teach on an emergency basis in the public schools without having first paid the fees established by the board in accordance with chapter 91.

(d)  Teachers whose licenses expire on or after July 1, 2009, but before July 1, 2010, shall be granted an automatic extension of one year in which to obtain a renewal of their licenses.  The board, at its discretion, may grant an additional one year extension of these licenses."

     SECTION 9.  Section 302A-806, Hawaii Revised Statutes, is amended to read as follows:

"§302A-806  Hawaii teacher standards [board] special fund.  There is established within the state treasury a special fund to be known as the Hawaii teacher standards [board] special fund, into which shall be deposited all moneys received by the board in the form of appropriations, fees, fines, grants, donations, or revenues regardless of their source.  The special fund shall be administered by the department and used to pay the expenses of the board, including but not limited to the payment of all operational and personnel costs, and reimbursements to board members for travel expenses incurred."

     SECTION 10.  Section 302B-10, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The department, in conjunction with the office, shall facilitate and encourage the movement of instructional personnel between the department and charter schools; provided that:

     (1)  Comparable and verifiable professional development and employee evaluation standards and practices, as determined and certified by the office, are in place in charter schools for instructional staff;

     (2)  Licensed charter school teachers, as determined by the [Hawaii teacher standards] board, who are not yet tenured in the department and are entering or returning to the department after full-time employment of no less than one full school year at a charter school, shall be subject to no more than one year of probationary status; and

     (3)  Tenured department licensed teachers, as determined by the department, who transfer to charter schools shall not be required to serve a probationary period."

     SECTION 11.  Section 304A-701, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is created the Hawaii educator loan program to be administered by the University of Hawaii, in partnership with a financial institution whose operations are principally conducted in Hawaii, to provide financial support to students and teachers who complete a state-approved teacher education program and who agree to teach as a full-time teacher for a period of time to be determined by the university prior to the award of a loan, in:

     (1)  The Hawaii public school system in a hard-to-fill position including special education, regular education shortage categories, or Title 1 schools, and in one of the following capacities:

         (A)  As an elementary school teacher teaching in the field of elementary education who has met standards as set forth by the [Hawaii teacher standards board;] board of education; or

         (B)  As a secondary school teacher teaching in the subject area that is relevant to the loan recipient's academic major as certified by the department of education who has met standards as set forth by the [Hawaii teacher standards board;] board of education; or

     (2)  At a school located in a rural area in the State, as determined by the superintendent of education.

Eligibility shall be determined by the university on a competitive basis.  The amount to be loaned to a student shall be determined by the board of regents based on need for financial aid and proof of acceptance into a state-approved teacher education program at the university.  The maximum amount of loans that a student may receive under this program shall be an aggregate amount equivalent to tuition payments and costs of textbooks and other instructional materials necessary to complete a state-approved teacher education program."

     SECTION 12.  Section 304A-1201, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-1201[]]  College of education.  The college of education shall be affiliated with the university and shall be under the jurisdiction and management of the board of regents.  The board may grant appropriate degrees to properly qualified graduates of the college of education.  In establishing the curriculum for the college of education, the university authorities may obtain the approval of the [Hawaii teacher standards] board[.] of education.  The mission of the college of education is to:

     (1)  Prepare and provide ongoing professional development of teachers, administrators, counselors, and related professionals at undergraduate and graduate levels primarily to meet the needs of Hawaii schools;

     (2)  Generate, synthesize, and apply knowledge in education and related fields through teaching, research, and other scholarly activities; and

     (3)  Provide service and support to the local, national, and global educational and related communities."

     SECTION 13.  Section 304A-1202, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is created an advisory committee to be known as the teacher education coordinating committee to identify, study, take action, or make recommendations on matters of education of common interest to the department of education and institutions of higher learning in Hawaii.  The membership of the committee shall include the superintendent of education and the dean of the college of education of the University of Hawaii, who shall serve in alternate years as chairperson of the committee with the superintendent acting as the first chairperson, a representative from each accredited teacher training institution in Hawaii, and a representative from the [Hawaii teacher standards board.] board of education.  In addition, the superintendent of education and the dean of the college of education may each appoint other members to the committee; provided that the dean of the college of education shall appoint at least two members of the committee from the university who are not within the college of education."

     SECTION 14.  Section 315-2, Hawaii Revised Statutes, is amended to read as follows:

"§315-2  Official for State.  The "designated State Official" for Hawaii shall be the [executive director of the Hawaii teacher standards board.] superintendent of education."

     SECTION 15.  Section 302A-603, Hawaii Revised Statutes, is repealed.

     ["§302A-603  Teaching without certificates or licenses; penalty.  (a)  Except as otherwise provided, before the 1997-1998 school year, whoever serves in the department as a teacher without holding an unrevoked certificate issued under sections 302A-602 to 302A-640, and 302A-701, shall be fined not more than $25.

(b)  Beginning with the 1997-1998 school year, whoever serves in the department as a teacher, paid under the salary schedule contained in the unit 5 collective bargaining agreement, without holding an unrevoked or unsuspended license or credential issued under sections 302A-801 to 302A-808, shall be fined not more than $500.

(c)  Beginning with the 2002-2003 school year, an individual paid under the salary schedule contained in the unit 5 collective bargaining agreement, without holding an unrevoked license issued under sections 302A-801 to 302A-808, shall be fined not more than $500.

(d)  Beginning with the 2002-2003 school year, emergency hires shall not be subject to this penalty."]

     SECTION 16.  Section 302A-801, Hawaii Revised Statutes, is repealed.

["§302A-801  Hawaii teacher standards board established.  (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 members, including not less than six 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].

(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.  To the extent possible, the board membership shall reflect representation of elementary and secondary school personnel from all islands.

(c)  Appointed board members shall serve not more than three consecutive three-year terms; provided that the initial terms of the appointed members that commence after June 30, 2000, shall be staggered, as follows:

(1) Three members to serve three-year terms;

(2) Three members to serve two-year terms; and

(3) One member to serve a one-year term.

(d)  Board members shall receive no compensation.  When board duties require that a board member take leave of the board member's duties as a state employee, the appropriate state department shall allow the board member to be placed on administrative leave with pay and shall provide substitutes, when necessary, to perform that board member's duties.  Board members shall be reimbursed for necessary travel expenses incurred in the conduct of official board business.

(e)  The chairperson of the board shall be designated by the members of the board."]

     SECTION 17.  Section 302A-805.6, Hawaii Revised Statutes, is repealed.

     ["[§302A-805.6]  Efforts related to teacher quality.  (a)  The board may participate in efforts relating to issues affecting teacher quality.  The board may conduct professional development activities related to its standards, and shall promote and support high teacher standards and accomplished teaching through means deemed appropriate by the board.

(b)  To remain current with trends and issues in teacher licensure systems, beginning teacher programs, the assessment of teaching skills, teacher development, and other related topics, the board shall participate in programs and attend conferences and training that address these topics.  The board may conduct research and development activities for the purpose of staying abreast of or better understanding these trends and issues."]

     SECTION 18.  Section 302A-808, Hawaii Revised Statutes, is repealed.

     ["§302A-808  Penalty.  Any person who engages in the profession of teaching in a public school without first being issued a license or hired on an emergency basis as defined in this chapter shall be fined not more than $500.  Any person who knowingly or intentionally violates this subpart by employing an individual as a public school teacher who does not possess a valid license or is not a department of education emergency hire as defined in this chapter may be fined not more than $500.  All fines shall be deposited into the Hawaii teacher standards board special fund."]

     SECTION 19.  All rights, powers, functions, and duties of the Hawaii teacher standards board are transferred to the board of education.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 20.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaii teacher standards board relating to the functions transferred to the board of education shall be transferred with the functions to which they relate.

     SECTION 21.  All rules, policies, procedures, guidelines, and other material adopted or developed by the Hawaii teacher standards board to implement provisions of the Hawaii Revised Statutes which are reenacted or made applicable to the board of education by this Act, shall remain in full force and effect until amended or repealed by the board of education pursuant to chapter 91, Hawaii Revised Statutes.  In the interim, every reference to the Hawaii teacher standards board or the chairperson of the Hawaii teacher standards board in those rules, policies, procedures, guidelines, and other material is amended to refer to the board of education or chairperson of the board of education as appropriate.

     SECTION 22.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 23.  This Act shall take effect on June 30, 2040, provided that the amendment made under section 7 of this Act shall not be repealed when section 302A-803, Hawaii Revised Statutes, is repealed on July 1, 2009, and reenacted in the form in which it read on June 30, 2007, by Act 263, Session Laws of Hawaii 2007.