STAND. COM. REP. NO. 2512

Honolulu, Hawaii

RE:    S.B. No. 2331

       S.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 2331, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TEACHERS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Define the term "license" to clarify that teacher licenses are issued by the Hawaii Teacher Standards Board;

     (2)  Clarify the authority of employers or prospective employers to refuse to issue a certificate for school administrators or revoke a certificate for school administrators under certain circumstances;

     (3)  Makes clarifying amendments to the membership requirements for the Hawaii Teacher Standards Board;

     (4)  Clarify that charter schools fall under the purview of the requirements of the Hawaii Teacher Standards Board; and

     (5)  Make housekeeping and conforming amendments related to the Hawaii Teacher Standards Board.

     Your Committee received testimony in support of this measure from the Hawaii Teacher Standards Board and State Public Charter School Commission.  Your Committee received testimony in opposition to this measure from the Hawaii State Teachers Association.

     Your Committee finds that this measure clarifies the membership of the Hawaii Teacher Standards Board to make it clear that all interested constituent groups may submit nominations for the Governor's consideration.  This will help ensure representation from diverse groups in Hawaii's educational system, diverse populations, and various geographic areas.  This measure also reinforces the authority of the Hawaii Teacher Standards Board to require all public school teachers in the State to hold a current, valid, teaching license and monitor the emergency hire process when licensed teachers are not available.

     Your Committee further finds that, within the charter school sector, employer powers and duties of the individual charter schools are separate from the oversight powers and duties of the State Public Charter School Commission.  However, this measure does not differentiate between these functions.  Amendments to this measure are therefore necessary to clarify certain powers and duties of the Department of Education, State Public Charter School Commission, and individual charter schools.

     Your Committee has amended this measure by:

     (1)  Inserting a definition of "department school";

     (2)  Specifying that one teacher member on the Hawaii Teacher Standards Board shall be engaged in teaching at a Hawaii public charter school at the time of appointment;

     (3)  Clarifying the respective employer powers and duties of the Department of Education and the individual charter schools, the oversight powers and duties of the Department and the Commission, and the duty of the Department, Commission, and individual charter schools to provide certain information to the Hawaii Teacher Standards Board;

     (4)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2331, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2331, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

____________________________

ROSALYN H. BAKER, Chair