Report Title:

Hawaii Teacher Standards Board

 

Description:

Adds two members to HTSB.  Authorizes HTSB to determine the manner by which fees are collected; adopt, amend, repeal, or suspend its policies and standards; and appoint an executive director.  Makes permanent HTSB's authority to temporarily suspend its rules if extenuating circumstances exist.  Makes permanent HTSB's authority to amend licensing-related fees and set or amend other charges.  Specifies that all licenses issued by HTSB shall be valid for the levels specified on the licenses. 

Allows HTSB, at its discretion through June 30, 2010, to grant additional license extensions, and clarifies that any previously-approved extensions shall be deemed valid as issued.  (SB497 HD1)

 

THE SENATE

S.B. NO.

497

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAII TEACHER STANDARDS BOARD.

 

 

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

 

     SECTION 1.  The legislature finds that the thirteen-member Hawaii teacher standards board is responsible for establishing standards for the issuance and renewal of licenses for teachers; serves as the final adjudicator for appeals relating to licensing, including issuance or nonissuance of licenses, and the suspension, nonrenewal, and revocation of licenses; and approves teacher education programs and the professional development of teachers.

     SECTION 2.  Section 302A-801, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(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] fifteen members, including [not less]:

     (1)  No fewer than six licensed teachers regularly engaged in teaching[, three];

     (2)  Three educational officers[, the];

     (3)  The chairperson of the board of education or the chairperson's designee[, the];

     (4)  The superintendent or the superintendent's designee[, a];

     (5)  A representative of independent schools[, and the];

     (6)  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[].]; and

     (7)  Two members appointed from among the members of:

          (A)  The Hawaii Business Roundtable;

          (B)  The Hawaii P-20 Initiative; or

          (C)  The workforce development council."

     2.  By amending subsection (c) to read:

     "(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]."

     SECTION 3.  Section 302A-803, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-803  Powers and duties of the board.  (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)  Adopting, amending, or repealing the rules of the board in accordance with chapter 91;

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

     (4)  Submitting an annual report to the governor and the legislature on the board's operations and from the 2007‑2008 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)  Conducting a cyclical review of standards and suggesting revisions for their improvement;

     (6)  Establishing licensing fees in accordance with chapter 91[, including the collection of fees by means of mandatory payroll deductions, which shall] and determining the manner by which fees are collected and subsequently [be] deposited into the state treasury and credited to the Hawaii teacher standards board special fund;

     (7)  Establishing penalties in accordance with chapter 91;

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

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

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

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

    (12)  Approving teacher preparation programs;

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

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

    (15)  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)  Adopting applicable rules and procedures[.]; and

    (17)  Adopting, amending, repealing, or suspending the policies and standards of the board.

     (b)  If, in accordance with chapter 92, the board determines, on a case-by-case basis, that extenuating circumstances exist to justify the suspension, the board may temporarily suspend its rules, or any portion thereof.  The board shall establish, in accordance with chapter 91, procedures for the suspension of its rules.  When determining whether to suspend its rules, the board shall also establish the length of time for which the suspension shall be in effect.

     (c)  The board, in accordance with chapter 92, may also amend licensing-related fees and set or amend other charges related to the performance of its duties.

     (d)  The board may employ an executive director, exempt from chapters 76 and 78, who shall be appointed by the board of education pursuant to section 302A-   (d)."

     SECTION 4.  Section 302A-805, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-805  Teachers; license required; renewals.  (a)  Beginning July 1, 2002, all [new] 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 and levels 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 years.

     (c)  The board, at its discretion through June 30, 2010, may grant additional extensions.  Any previously-approved extensions shall be deemed valid as issued.

     (d)  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."

     SECTION 5.  Act 263, Session Laws of Hawaii 2007, is amended by amending section 4 to read as follows:

     "SECTION 4.  This Act shall take effect on July 1, 2007[; provided that on July 1, 2009, section 2 of this Act shall be repealed and section 302A-803, Hawaii Revised Statutes, shall be reenacted in the form in which it read on June 30, 2007]."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2050.