HOUSE OF REPRESENTATIVES	H.B. NO.	2527
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

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

PART I

     SECTION 1.  Research studies consistently demonstrate that investing in the effectiveness of our teachers is the most productive means to increase student achievement and ensure that students are prepared to either continue their education beyond high school or engage in careers of their choice.  The State's greatest investment in public education is the quality of personnel in the department of education.  Maximizing the impact of this human capital investment is the greatest point of leverage Hawaii has to increase student learning and growth to improve public education outcomes for our children and the State.  The legislature finds that the department of education must accelerate its efforts to increase the effectiveness of the State's teachers and educational officers.

     In 2010, the United States Department of Education awarded the State a $74,934,761 race to the top grant.  The State's race to the top plan and the department of education's strategic plan includes targeted initiatives to develop great teachers and great leaders to the benefit of Hawaii's students.  The legislature endorses the State's race to the top framework to accomplish these improvements in educator effectiveness, described in the State's race to the top plan, which outlines clear principles and policy actions and sets a timetable to implement a new performance management evaluation system and related human resource management support.

     Aligned with the State's race to the top commitments, the department of education has developed and begun a two-year pilot effort to establish a performance management system that will cultivate highly effective teachers and principals through recruitment, evaluation, support, tenure, and compensation.  Based on an evaluation of the pilot project, including feedback from pilot participants, the great teachers great leaders task force, and technical experts, the department of education will implement a new evaluation system statewide beginning July 1, 2013.

     The performance management system will keep teaching and student learning at the heart of teacher and educational officer evaluations and link educator effectiveness to the facilitation of student learning and growth.  Hawaii's educators deserve a high quality evaluation system that provides the tools they need to continuously improve their teaching and leadership to advance student learning.  To accomplish this, the evaluations must be fair, transparent, timely, rigorous, and valid.

     The purpose of this part, therefore, is to require the department of education to establish a performance management system that includes an evaluation component and supports the development of highly effective educators. 

     SECTION 2.  Section 302A-626, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-626  Salary increases; annual, longevity.  (a)  Teachers and educational officers who have completed a year's [satisfactory] service with a rating of "effective" or "highly effective" on their annual evaluation pursuant to section 302A-638 and who have complied with the other requirements of sections 302A-602 to 302A-640, and 302A-701, shall be entitled to an annual increment.

     (b)  Teachers and educational officers who have served [satisfactorily] for three years and been rated "effective" or "highly effective" on their annual evaluation pursuant to section 302A-638, while in their maximum increment step or in any longevity step, and who have complied with the other requirements of sections 302A-602 to 302A-640, and 302A-701, shall receive longevity step increases; provided that the board may grant principals and vice-principals longevity step increases more frequently than once every three years pursuant to section 302A-625."

     SECTION 3.  Section 302A-638, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§302A-638[]]  Evaluation of teachers and educational officers.  [The department shall establish an evaluation program for all teachers and educational officers.  The evaluation shall be performed at least once in each school year.  The program shall define the criteria for evaluation and assign responsibilities for the application of the criteria.  The evaluation of a teacher or educational officer shall be on the basis of efficiency, ability, and such other criteria as the department shall determine.]  (a)  The department shall establish a consistent performance management program that shall include an evaluation component to provide teachers and educational officers information necessary to improve their instructional practice and leadership on a consistent and continuing basis in order to successfully facilitate student learning and growth.

(b)  Each teacher and educational officer shall be evaluated on efficiency, ability, and contribution to student learning and growth and the evaluation criteria shall include an assessment of the effectiveness of individual teachers and educational officers in supporting:

(1) Student learning and growth, which shall consist of multiple measures, to include student assessment, as determined by the department; 

(2) Fiscal accountability and instructional leadership on the part of educational officers; and

(3) Effective classroom practice and student engagement on the part of teachers.

The department may include other criteria at its discretion. 

(c)  The department shall develop a minimum of four performance levels by which to rate teachers and educational officers; provided that the two highest performance levels shall be "highly effective" and "effective"; provided further that to achieve a rating of "effective":

(1) A teacher shall have facilitated, at minimum, one year's worth of learning growth in the teacher's students; and

(2) A principal shall have developed teachers rated "effective" and facilitated, at minimum, one year's worth of learning growth for students at the principal's school.

Each teacher and educational officer shall be evaluated according to the level of effectiveness in criteria listed in subsection (b) and shall be assigned a rating according to the established performance levels; provided that student learning and growth shall constitute fifty per cent of the evaluation rating.

(d)  The department shall ensure timely feedback of evaluation results to guide professional development and identify areas of strength and areas requiring improvement for each evaluated teacher and educational officer.

(e)  The evaluation component required under subsection (a) shall be implemented no later than July 1, 2013.  Teacher and educational officer ratings and feedback as required in subsection (d) shall be used to inform personnel decisions no later than July 1, 2014.

(f)  Each teacher and educational officer shall be evaluated pursuant to this section at least once each school year.

(g)  For the purposes of this section, negotiations under chapter 89 shall be between the superintendent or the superintendent's designee and the respective exclusive representative and shall be limited to the impact on personnel arising from the superintendent's decision to implement the performance management program.  After the initial agreement is negotiated, provisions on the impact of the performance management program on personnel may be reopened only upon the mutual agreement of the parties."

     SECTION 4.  Section 302A-701, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-701  [Incentive packages for quality teachers, principals, and vice-principals.] Incentives for effective and highly effective teachers and educational officers.  Teachers[, principals, and vice-principals] and educational officers in the public school system may accept incentive packages provided by local communities for the purpose of retaining those teachers[, principals, and vice-principals] and educational officers in schools with high teacher, principal, or vice-principal turnover[.], or schools designated by the department as high need; provided that the teacher or educational officer shall have been rated "effective" or "highly effective" on their annual evaluation pursuant to section 302A-638.  Packages may include such items as:

     (1)  Provision of housing;

     (2)  Provision of mileage reimbursement;

     (3)  Provision of discounts at local businesses; and

     (4)  Other items not covered by chapter 89, and agreed upon by the community."

     SECTION 5.  Section 302A-703, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§302A-703[]]  Educational officers[,] and teachers; salary incentives.  (a)  The salary ranges for [principal and vice-principal positions] educational officers and teachers shall be determined by the board, based on the position classification/compensation plan approved by the board [and].  The board may establish salary incentives designed to:

     (1)  Keep [exemplary] principals and vice-principals at the school level;

     (2)  Encourage [exemplary] principals and vice-principals to accept long-term assignments to hard-to-staff schools, special needs schools, schools designated by the department as high need, and schools with high teacher turnover;

     (3)  Encourage [exemplary] teachers to become vice-principals[;] or to accept other positions of instructional leadership within the department;

     (4)  [Encourage exemplary vice-principals to become principals;] Attract or retain teachers in schools or subjects that are hard-to-staff, persistently lowest achieving, or in shortage areas; and

     (5)  [Encourage exemplary educational officers to become vice-principals.] Reward teachers and educational officers for meeting or exceeding performance goals based on an incentive plan for individual or collective goals approved by the board.

(b)  A teacher or educational officer shall have been rated "effective" or "highly effective" on their annual evaluation to be eligible to receive any incentive pursuant to subsection (a).

     [(b)] (c)  The department shall [develop a] use the [definition of "exemplary"] rating of "effective" and "highly effective" as described in section 302A-638 in consultation with the appropriate collective bargaining representative.

     Salary ranges and salary incentives for educational [officer positions] officers shall be subject to the requirements of sections 302A-625 and 302A-626.  Salary ranges and salary incentives for teachers shall be subject to the requirements of section 302A-626."

     SECTION 6.  Section 302A-704, Hawaii Revised Statutes, is amended as follows:

     1.  By amending its title to read:

     "§302A-704  Tuition assistance for [exemplary] effective and highly effective teachers to attend the University of Hawaii."

     2.  By amending subsections (a) and (b) to read:

     "(a)  The superintendent, subject to the availability of funds, may award tuition assistance to [exemplary] "effective" and "highly effective" teachers pursuant to section 302A-638 who want to become vice-principals in Hawaii's public schools, and who are[:

(1) Residents of the State, as defined by the board of regents pursuant to section [304A-402]; and

(2) Taking] taking courses that will lead to certification as a public school principal, on any campus of the University of Hawaii.

     (b)  The superintendent shall adopt rules in accordance with chapter 91 to carry out the purposes of this section.  The rules shall include:

    [(1) A definition of "exemplary teacher" as determined under section 302A-703(b);

(2)] (1)  Descriptions of the minimum academic qualification of students who may be awarded full or partial tuition assistance under this section;

    [(3)] (2)  Listings of acceptable fields of study, degrees, and periods of eligibility for students who may be awarded tuition assistance under this section;

    [(4)] (3)  Procedures for demonstrating the ongoing, satisfactory academic performance of students who have accepted tuition assistance under this section;

    [(5)] (4)  Explanations of any obligations for students who have accepted tuition assistance under this section;

    [(6)] (5)  Procedures for administratively transferring moneys for tuition assistance awarded under this section from the department of education to the University of Hawaii; and

    [(7)] (6)  Procedures for enforcing this subsection."

     SECTION 7.  Section 302A-1004, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department shall implement a comprehensive system of educational accountability to motivate and support the improved performance of students and the education system.  This accountability system shall:

     (1)  Include student accountability; school or collective accountability; individual professional accountability for teachers, principals, and other employees; and public accounting to parents, community members, businesses, higher education, media, and political leadership;

     (2)  Link authority and resources to responsibility;

     (3)  Define clear roles for all parties and lines of responsibility and mutual obligation and develop a collaborative process with stakeholders, including representatives of appropriate bargaining units, parents, administration, and students;

     (4)  Assess and track measures of academic achievement[, safety and well-being, and civic responsibility] of individual students at selected grade levels and report trend data on these measures over time annually;

(5) Invoke a full and balanced set of appropriate consequences for observed performance, including incentives, rewards, and recognition for those schools, teachers, and educational officers that meet or exceed their goals, assistance to those that fall short, and sanctions for those that, given adequate assistance and ample time, continue to fail to meet goals;

(6) Involve an annual statewide assessment program that provides a report card containing trend data on school, school complex, and system performance at selected benchmark grade levels with performance indicators in areas relating to student achievement[, safety and well-being, and civic responsibility].  These performance indicators shall include but not be limited to:

         (A)  Student performance relative to statewide content and performance standards[; and] including gaps in achievement between all students and student groups persistently achieving at lower levels;

         (B)  School attendance and dropout rates;

(C) High school completion and graduation rates and rates of graduates who met benchmarks for college and career readiness; and

(D) Rates of students entering and persisting in postsecondary education and training;

     (7)  Require that teachers and administrators engage in the continuous professional growth and development that ensure their currency with respect to disciplinary content, leadership skill, knowledge, or pedagogical skill, as appropriate to their position.  This requirement may be established by the department in terms of credit hours earned or their equivalent in professional development activity certified by the department as appropriate in focus and rigor;

     (8)  Establish an explicit link between professional evaluation results and individual accountability through professional development of the knowledge, skill, and professional behavior necessary to the position, by requiring that results of the professional evaluation be used by the department to prescribe professional development focus and content, as appropriate;

     (9)  Include an annual statewide fiscal accountability program, which includes a published report card that contains trend data on school, school complex, and systemwide plans and results, including:

         (A)  Amounts allocated;

         (B)  Amounts expended;

         (C)  Amounts carried over; and

         (D)  Any significant changes to the budget, with an explanation for the change; and

    (10)  Include an evaluation of [the effectiveness of complex area superintendents and principals in supporting:

(A) Students' academic achievement, safety and well-being, and civic responsibility; and

(B) The satisfaction of stakeholders affected by the work of the complex area superintendents and principals, which may be measured by broadbased surveys; and

(C) Fiscal accountability.] teachers and educational officers pursuant to section 302A-638."

     SECTION 8.  The department of education shall submit to the legislature findings, including status of the performance management system, actions taken by the board of education and department with respect to the performance management system, and proposed legislation, no later than twenty days prior to the convening of the regular sessions of 2013, 2014, and 2015.

PART II

     SECTION 9.  The legislature finds that Hawaii is one state among many addressing tenure in response to federal education reform guidelines and articles in the New York Times, Time magazine, USA Today, and newspapers across the country reveal the intensity of the tenure debate.  As of August 2001, eighteen state legislatures have modified various elements of their tenure or continuing contract policies, with a majority of states requiring a probationary period of three to five years.  Many states have also integrated performance evaluations in their tenure statutes, tying teacher impact on student outcomes to the attainment of tenure.

     The legislature finds that while it is imperative to maintain the job security that teacher tenure represents, it is equally imperative to modify tenure requirements in order to implement any meaningful education reform in the State.  Specifically, the legislature finds that the current two-year probationary period required of teachers prior to attaining tenured status is too short a window in which to adequately prepare teachers and assess whether an individual teacher is effective.  Accordingly, the purpose of this part is to require that all teachers entering the service of the department of education for the first time serve a minimum probationary period of three years prior to obtaining tenure.

     SECTION 10.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302A-    Probationary period of employment. (a)  All teachers entering the service of the department for the first time shall serve as probationary employees of the department for a minimum period of three consecutive years; provided that:

(1) The consecutive employment may be interrupted by maternity leave, sick leave, or any other leave approved by the department not exceeding a period of three years; by military leave not exceeding a period of five years; or by termination or nonrenewal of the probationary employment contract because of a decrease in the number of pupils or for causes over which the department has no control, for a period between employment not to exceed five years, without loss of credit for the period of probationary employment; and

(2) At or prior to the end of the three-year period of probation, the department may extend the probationary period of a teacher for additional periods not to exceed a total probationary period of five years.

(b)  Any full-time intern teaching period served in the State shall be credited toward fulfillment of the probationary period.  Any annual contract with any teacher during this probationary period of employment may or may not be renewed as determined by the department.  The department, during the probationary period, may discharge or demote a teacher."

PART III

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect upon its approval.

Report Title:

Public Schools; Performance Management; Tenure

Description:

Requires the Department of Education to establish a performance management program that includes an evaluation component for teachers and educational officers.  Requires that teachers entering the service of the Department of Education for the first time serve a minimum probationary period of three years.  (HB2527 HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.