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THE SENATE |
S.B. NO. |
2541 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that chapter 302A, Hawaii Revised Statutes, relating to education, contains numerous sections covering employer-employee issues. The legislature further finds that many of these employer-employee issues should be left to the collective bargaining process rather than be legislatively mandated.
The purpose of this Act is to repeal various sections of chapter 302A, Hawaii Revised Statutes, in order to allow employer-employee issues to be negotiated pursuant to the collective bargaining process. The repeal of those sections does not reflect a prohibitive view of these collective bargaining issues, but rather it reflects the fact that all of those areas are already permissive within the collective bargaining process.
SECTION 2. Section 302A-101, Hawaii Revised Statutes, is amended by deleting the definition of "job sharing".
[""Job-sharing" means the
voluntary sharing of a full-time, permanent employee's position with another
employee, with each employee working one-half of the total number of hours of
work required per week and performing one-half of the work required of the
respective full-time position, and with each employee receiving one-half of the
salary to which each employee is respectively entitled and at least one-half of
each employee benefit afforded to full-time employees."]
SECTION 3. Section 302A-102, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-102[]] Smoking
prohibited[; exception]. [(a)] All public schools within
the State, from kindergarten through grade twelve, shall prohibit the use of
tobacco at public schools or at public school functions.
[(b) The department shall provide affected
public employees with breaks throughout the work day during which they may
smoke at locations off-campus. The number and duration of such breaks shall be
subject to collective bargaining.
(c) The department shall provide a smoking
cessation program for public employees who are interested in participating;
provided that issues relating to the costs of the program shall be subject to
collective bargaining.
(d) This section shall not be subject to
part II of chapter 328K.]"
SECTION 4. Section 302A-626, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Teachers and educational officers
who have served satisfactorily for three years 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 5. Section 302A-703, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department shall develop a definition of "exemplary" in consultation with the appropriate collective bargaining representative.
Salary ranges and salary incentives for
educational officer positions shall be subject to the requirements of [sections
302A-625 and] section 302A-626."
SECTION 6. Section 302A-608, Hawaii Revised Statutes, is repealed.
["[§302A-608] Reemployed teachers;
rights. After the completion of the probationary period without
discharge, such teachers as are thereupon reemployed shall continue in service
in the public schools during good behavior and competent service and prior to
the age at which the teachers are eligible for retirement, pursuant to section
88-73 or 88-281, and shall not be discharged or demoted except for one or more
of the causes specified in section 302A-609."]
SECTION 7. Section 302A-610, Hawaii Revised Statutes, is repealed.
["§302A-610 Job-sharing.
(a) A job-sharing program is established in the department subject to the
requirements in this section.
(b) The superintendent shall announce the
job-sharing program to all full-time, tenured, certificated personnel of the
department, excluding educational officers, and shall solicit the voluntary
requests of personnel interested in participating in the program.
The superintendent, in consultation with the
recognized employee bargaining units, shall formulate and adopt guidelines for
the implementation of this section. Employees who respond to the announcement
and other persons who request information shall receive a full written
description of the terms of the program when the guidelines are finalized, and
those persons desiring to participate may apply to participate in the program.
The employees who apply for participation shall obtain the concurrence of their
immediate supervisor, other appropriate personnel officers, and the
superintendent. Those persons who qualify then shall be interviewed by a
personnel officer of the department.
Upon the selection of a permanent, full-time
employee for job-sharing, the superintendent shall convert the position of the
employee into two job-sharing positions, one of which shall be filled by the
employee, and the other by the hiring of a new hire or by another tenured,
certificated employee of the department, excluding any educational officer.
A person hired to fill a job-sharing
position shall be recruited through this section and shall possess the minimum
requirements of the full-time position that was converted into a job-sharing
position under this section.
(c) Benefits that can be divided in half,
such as the number of days of sick leave, and are considered to be an equitable
share when divided, shall be computed on that basis. Benefits that cannot be
divided, such as eligibility for membership in the public employees' health
plan shall be given to the job-sharers without the foregoing division,
notwithstanding any provision of chapter 87 or 88 to the contrary. The newly
hired job-sharer shall be excluded from collective bargaining under chapter 89.
The full-time permanent employee shall not
lose membership in an employee bargaining unit because of participation in this
program, any other law to the contrary notwithstanding. Union membership or
service fees paid by the job-sharer under this section shall be at a level consistent
with normal union membership dues or service fees. The State's contribution to
the job-sharers' prepaid health, prepaid dental, and group life insurance plans
shall be the same as for full-time employees, any other law to the contrary
notwithstanding. Job-sharers shall be covered under chapter 386 and the
applicable provisions of chapter 383. Service credit for the tenured teacher
participating in the program under this section shall be given on the same
basis as that for full-time employees. Nothing in this section shall be
construed, however, to vest any person with any rights to permanent employment
status, whether under civil service or otherwise, which did not exist prior to
the participation of the person in the job-sharing program. The granting of
tenure shall be under applicable statutes. No full-time position shall be
abolished or reduced to a half-time position except for the purpose of
job-sharing. In a reduction-in-force procedure, consideration of a
job-sharer's tenure rights shall be on the same basis as that of a full-time
employee. Nothing in this section shall impair the employment or employment
rights or benefits of any employee.
(d) Tenured employees sharing full-time
positions with other tenured employees shall not be required to relinquish
their duty-free period. The job-sharing team shall submit to its principal a
job-sharing proposal that preserves its duty-free period and meets the
educational needs of its students. Where the job-sharing team cannot reach a
reasonable scheduling agreement, the team may agree to waive its contractual
rights by executing a contract waiver.
(e) Participation in the program shall
require the commitment on the part of all parties to a contractual agreement
for one year; provided that the employee shall be given the option to renew the
contract for another year, subject to approval by the immediate supervisor and
personnel officer of the department.
(f) No job-sharing position committed to a
specified period of time under the terms of the contractual agreement shall be
converted to full-time status before the termination of the contractual
agreement. A job-sharing vacancy created by the resignation, retirement, or
other permanent or temporary severance of employment with the department on the
part of any person may be filled by the department either through recruitment
of another person pursuant to this section, or by increasing the remaining
half-time job-sharing person to full-time employment by mutual agreement.
(g) Upon the termination of contractual
agreements, all job-sharing positions shall be renegotiated or reconverted to
full-time positions, and the employees who held the full-time positions prior
to their participation in the job-sharing program under this section shall be entitled
to resume their positions without loss of previous tenure or other employee
rights.
(h) Beginning with the 2002-2003 school
year, this section shall be interpreted as though the term
"certificated" read "licensed" as the latter term is used
in subpart D, and as circumstances require."]
SECTION 8. Section 302A-611, Hawaii Revised Statutes, is repealed.
["[§302A-611] Authorized leaves of
absence; tenure status unaffected. The granting of authorized
leaves of absence by the department to regularly employed teachers shall not
affect any of the tenure rights that the teacher may have acquired prior
thereto under section 302A-608."]
SECTION 9. Section 302A-613, Hawaii Revised Statutes, is repealed.
["[§302A-613] Exchange teachers and
educational officers; terms of contract. (a) The superintendent
may contract for the exchange of teachers and educational officers of the State
with teachers and educational officers of any other state, country, or
territory. Teachers and educational officers of the State so exchanged shall
be paid their regular salaries. The qualifications of all teachers and
educational officers from any such state, country, or territory so exchanged
shall be equal to the qualifications of the teachers and educational officers exchanged
by the State. In the selection of teachers and educational officers to be
exchanged, preference shall be given in the following order: teachers over
educational officers; principals and vice-principals over other educational
officers.
(b) All teachers and educational officers
so exchanged by the State shall be furnished transportation to and from the
state, country, or territory with which exchanged.
(c) No compensation shall be paid by the
State to teachers and educational officers exchanged from any other state,
country, or territory; provided that in any case where the exchanged teacher or
educational officer sent from Hawaii becomes incapacitated or, for any reason,
leaves the exchange position permanently, the department may pay the visiting
exchange teacher or educational officer an amount not to exceed the salary
rating of the teacher or educational officer on exchange from Hawaii. The
arrangement may continue until the end of the current school year or until such
time as some satisfactory adjustment has been made."]
SECTION 10. Section 302A-614, Hawaii Revised Statutes, is repealed.
["[§302A-614] Sabbatical leaves
authorized. (a) The department may grant a year's or six months'
sabbatical leave of absence to any teacher or educational officer who has
served seven years in the public schools of the State. The teacher or
educational officer shall be guaranteed a return to the teacher's or
educational officer's or an equivalent position at the expiration of the leave.
(b) In granting sabbatical leaves, the
department shall consider, but not be limited to, the following:
(1) The nature and length of professional
educational course work, research, or other professional activity approved by
the department; and
(2) Applicant's seniority; provided that
seniority shall not be the dominant factor in granting sabbatical leaves.
(c) The leave shall not be extended beyond
one year and may not be repeated until after a period of seven additional years
of service."]
SECTION 11. Section 302A-615, Hawaii Revised Statutes, is repealed.
["[§302A-615] Pay while on
sabbatical. Teachers or educational officers on sabbatical leave
shall be paid an amount equal to one-half of the salary to which the teacher or
educational officer would be entitled if regularly reappointed. The payments
shall be made in regular monthly installments, the last two of which shall not
be made until after the teacher or educational officer has returned to the
teacher's or educational officer's position in the department. A teacher or
educational officer granted sabbatical leave may engage in any form of
employment provided the conditions established in section 302A-616 are
fulfilled."]
SECTION 12. Section 302A-616, Hawaii Revised Statutes, is repealed.
["§302A-616 Conditions of
sabbatical leave of absence. (a) A teacher or educational officer
on sabbatical leave shall devote one-half of the teacher's or educational
officer's total leave to professional educational course work, research, or
other professional activity approved by the department. The department shall
establish guidelines and criteria of professional educational course work,
research, or other professional activity. Before granting a sabbatical leave
to a teacher or educational officer, the department and the teacher or
educational officer shall enter into a contract, which shall provide for the
following:
(1) That the teacher or educational officer
agrees to return to serve in the department, the University of Hawaii, or any
community college for a period of not less than two years within one year after
termination of the teacher's or educational officer's sabbatical leave;
(2) That upon failure of the teacher or
educational officer to comply with paragraph (1), the teacher or educational
officer agrees to refund to the department all moneys received while on
sabbatical leave;
(3) That upon failure of the teacher or
educational officer to comply with paragraph (2), the teacher or educational
officer agrees to pay for all costs incurred by the department in enforcing
paragraph (2);
(4) That upon failure to comply with
paragraph (1), the educational officer's Hawaii teaching certificate shall be
canceled by the department; and
(5) Any other provisions deemed necessary
by the department to be included in the contract.
(b) Beginning with the 2002-2003 school
year, this section shall be interpreted as though the term
"certificate" read "license", as the latter terms are used
in subpart D, and as circumstances require."]
SECTION 13. Section 302A-618, Hawaii Revised Statutes, is repealed.
["§302A-618 Classification,
teachers. (a) The designation of any teacher to any given class
shall be determined by the department in accordance with licensing
requirements.
(b) Any teacher teaching technical school
courses who is transferred to a community college under the jurisdiction of the
board of regents of the University of Hawaii shall not suffer any loss of
salary, seniority, prior service credit, vacation, sick leave, or other
employee benefit or privilege.
(c) Beginning with the 2002-2003 school
year, this section shall be interpreted as though the terms
"certification" and "certificate" read
"licensing" and "license", as the latter terms are used in
subpart D, and as circumstances require."]
SECTION 14. Section 302A-623, Hawaii Revised Statutes, is repealed.
["[§302A-623] Salary ranges,
educational officers. Salary ranges for educational officer
positions of the department shall be determined by the board based on the
position classification/compensation plan approved by the board. Salary ranges
for educational officer positions shall be subject to the requirements of
sections 302A-625 and 302A-626."]
SECTION 15. Section 302A-625, Hawaii Revised Statutes, is repealed.
["§302A-625 Educational officers'
salary schedules. The salary schedule for all educational officers
of the department shall be negotiated pursuant to section 89-9."]
SECTION 16. Section 302A-629, Hawaii Revised Statutes, is repealed.
["[§302A-629] Educational officers;
demotion, transfers. Any educational officer demoted to a position
in a lower salary range shall continue to be paid the educational officer's
previous salary for the first year of the educational officer's demotion, after
which time the educational officer shall be compensated at the appropriate step
in the salary range to which the educational officer has been demoted. Unless
otherwise provided by the department, any educational officer who is in a
school in which the school rating has declined to a number that would place the
educational officer in a lower classification shall continue to be paid at the
educational officer's same salary range as long as the educational officer
remains in the same position in the same school."]
SECTION 17. Section 302A-631, Hawaii Revised Statutes, is repealed.
["§302A-631 Educational officers
with special assignments; principals and vice-principals at special needs
schools. (a) Educational officers at the state, district, and
school levels with special assignments, where their duties and responsibilities
are greater than the duties and responsibilities falling within the scope of
their ordinary duties and responsibilities, shall be provided additional
benefits by the department.
(b) Principals and vice-principals at special
needs schools shall be provided additional benefits by the department pursuant
to section 302A-625. As used in this subsection, "special needs
schools" means those schools having a relatively large proportion of
students exhibiting low performance, as indicated by such factors as low
standardized achievement test scores, a high retention rate, and a low
graduation rate for the area."]
SECTION 18. Section 302A-632, Hawaii Revised Statutes, is repealed.
["[§302A-632] Additional benefits
to certain [school personnel and] teachers. The department shall
provide additional benefits to grade level chairpersons, department heads,
registrars, and librarians in schools. The department shall also provide
additional benefits to teachers assigned to schools in areas designated as
limited environment communities by the department."]
SECTION 19. Section 302A-633.6, Hawaii Revised Statutes, is repealed.
["§302A-633.6 Allocations for
coaches. (a) Persons who serve as coaches for school activities
shall be paid a portion or all of their allocation for their services, which
shall increase by the same percentage as specified in a collectively bargained
agreement negotiated for bargaining unit (5) and in force for that time period.
(b) The base stipend for coaches shall be
the compensation amounts for coaches for the 2000-2001 school year. Effective
July 1, 2003, the base stipend for all coaches of department of education
activities shall be increased by fifty per cent for coaches who are employed by
the department of education in a teaching capacity and by twenty-five per cent
for coaches who are not employed by the department of education in a teaching
capacity.
(c) Coaches covered by this section may
choose to waive all or part of the coach's right or interest in the payment
stipend. If a coach chooses to waive all or part of the stipend, the
department of budget and finance shall dispense funds in the amount of the
waiver directly to the school to be used for the benefit of the coach's team.
No amount waived under this section shall be deemed to be or reported as income
of the coach choosing to waive."]
SECTION 20. Section 302A-636, Hawaii Revised Statutes, is repealed.
["§302A-636 Cafeteria managers. All
cafeteria managers employed in the department shall be employed and have their
salaries fixed in accordance with chapter 76 and the appropriate collective
bargaining agreement, executive order, executive directive, or rule, and the
monthly rates of basic compensation so determined shall be payable over a
twelve-month period without proration or deduction for periods when school is
not in session. Cafeteria managers shall have the same vacation and sick leave
allowances as school teachers and principals."]
SECTION 21. Section 302A-639, Hawaii Revised Statutes, is repealed.
["§302A-639 Houseparents;
statewide center for students with hearing and visual impairments. All
houseparents at the statewide center for students with hearing and visual
impairments employed in the department shall be employed and have their
compensation adjusted according to chapter 76 and the appropriate collective
bargaining agreement, executive order, executive directive, or rule, and the
monthly rates of basic compensation so determined shall be payable for
employment over a twelve-month period. All houseparents shall be employed for
twelve months on a full-time basis."]
SECTION 22. On or before July 1, 2012, any existing rule, ordinance, executive order, directive, or provision in a collective bargaining agreement that is not consistent with this Act shall be amended to conform with this Act.
SECTION 23. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 24. This Act shall take effect on July 1, 2012.
Report Title:
Education; Collective Bargaining
Description:
Repeals various sections of chapter 302A, HRS, in order to leave employer-employee issues covered by those sections to be negotiated pursuant to the collective bargaining process. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.