SB261.DOC

SECTION 1. The legislature finds that there is no shortage of people who want to become teachers in Hawaii's public schools. However, under the Hawaii teacher standards board, requirements have been erected that serve as barriers to becoming a public school teacher. While the legislature supports high standards for teachers, those standards can be met through alternative licensing qualifications that are not prohibitive to qualified individuals seeking to teach in Hawaii.

Under the existing standards, people with higher education degrees are found to be not qualified to teach in Hawaii public schools if they do not hold a degree from a college of education. In addition, teachers who taught on the mainland, come to Hawaii, and seek to continue teaching receive limited credit for their practical prior experience. No credit is given for time taught in private schools or at the university level.

The legislature finds that Hawaii can significantly reduce the teacher "shortage" by eliminating the unnecessary barriers to teaching and putting more of the increased federal moneys from the No Child Left Behind Act into supporting teachers and preparing those who enter the field from another profession.

The purpose of this Act is to allow the department of education to hire individuals with professional experience and university degrees as exceptional teachers and to authorize alternative licensing routes based on performance-based standards commensurate with professional experience in or utilizing the subject area or program to be taught, and giving credit toward licensing for prior teaching experience in public schools outside of Hawaii and at accredited private schools, colleges, or universities.

SECTION 2. Section 302A-501, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) For the purposes of subpart D:

"Board" means the Hawaii teacher standards board.

"Emergency hire" or "exceptional hire" means an unlicensed employee of the department paid under the salary schedule contained in the unit 5 collective bargaining agreement.

"License" means the document signifying the board's grant of permission to practice the profession of teaching.

"Teacher" means a licensed employee of the department paid under the salary schedule contained in the unit 5 collective bargaining agreement."

SECTION 3. Section 302A-602, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) [~~Beginning with the 2002-2003 school year, the~~] The department may employ unlicensed individuals as emergency hires or as exceptional hires pursuant to sections 302A-801 to 302A-808[.]; provided that all exceptional hires shall have a college degree from a college or university accredited by an accrediting agency listed with the United States Secretary of Education in a subject that is appropriate to the subject area or program that they will teach in the department, and all full-time and part-time exceptional hires shall have adequate professional experience in, or utilizing the skills of, the subject area or program that they will teach in the department, as determined by the department."

SECTION 4. Section 302A-603, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

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

SECTION 5. Section 302A-802, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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. The board shall also authorize alternative routes to licensing, such as national teacher examinations that certify competency in subject areas or programs taught in the public schools, and including performance-based standards commensurate with professional experience in or utilizing the subject area or program to be taught, and giving credit toward licensing for prior teaching experience in public schools outside of Hawaii and at accredited private schools, colleges, and universities."

SECTION 6. Section 302A-804, Hawaii Revised Statutes, is amended to read as follows:

"§302A-804 Powers and duties of the department. The department shall retain all of its rights and powers except for the authority provided to the board under this subpart. The department's powers and duties under this subpart shall be limited to:

(1) Hiring, except for the hiring of exceptional teachers, and in emergency situations as described in this chapter, licensed teachers to teach in their fields of licensing;

(2) Reporting data annually to the board about the supply of, and demand for, teachers, including the identification of shortage areas, out-of-field teaching assignments, numbers of teachers teaching out-of-field, numbers and types of courses and classes taught by out-of-field teachers, and numbers and types of students taught by out-of-field teachers;

(3) On an emergency and case-by-case basis, hiring unlicensed individuals; provided that:

(A) A list of the names, work sites, teaching assignments, and progress toward licensing of these individuals shall be reported to the board and any changes shall be updated on a monthly basis by the department;

(B) There are no properly licensed teachers for the specific assignments for which the individuals are being hired;

(C) No individual may be employed by the department on an emergency basis for more than three years. During this time, the individual shall demonstrate active pursuit of licensing in each year of employment; and

(D) Notwithstanding [~~subparagraph~~] paragraph (3)(C), unlicensed individuals who have been hired on an emergency basis prior to July 1, 2008, shall attain licensure no later than four years from the date of their employment;

(4) On an exceptional and case-by-case basis, hiring unlicensed individuals; provided that:

(B) There are no properly licensed teachers for the specific assignments for which the individuals are being hired;

(D) No individual may be employed by the department on an exceptional hire basis for more than three years. During this time, the individual shall demonstrate active pursuit of alternative licensing in each year of employment;

[~~(4)~~] (5) Submitting an annual report to the board documenting:

(A) The number of emergency hires and exceptional hires by subject matter areas and by schools;

(B) The reasons and duration of employment for the emergency and exceptional hiring enumerated in subparagraph (A);

(D) The department's efforts to address the shortages described in subparagraph (A); and

[~~(5)~~] (6) Providing any other information requested by the board that is pertinent to its powers and duties."

SECTION 7. Section 302A-805, Hawaii Revised Statutes, is amended to read as follows:

"§302A-805 Teachers; license required; renewals. [~~Beginning July 1, 2002, all~~] 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 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.

Teachers whose licenses expire on June 30, 2002, or June 30, 2003, shall be granted an automatic extension of two years. No person shall be issued a license or teach either on an emergency basis or exceptional basis in the public schools without having first paid the fees established by the board in accordance with chapter 91."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval; provided that when the amendments made to section 302A-804, Hawaii Revised Statutes, by section 2 of Act 125, Session Laws of Hawaii 2008, are repealed on July 1, 2011, and section 302A-804, Hawaii Revised Statutes, is reenacted in the form in which it read on the day prior to the effective date of Act 125, Session Laws of Hawaii 2008, the amendments made to section 302A-804, Hawaii Revised Statutes, by this Act shall be retained.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	261
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII