THE SENATE	S.B. NO.	1346
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

relating to teachers.

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

     SECTION 1.  The legislature finds that the department of education's current probationary period for teachers is a minimum of six semesters.  This policy is contradicted by statutes governing licensed charter school teachers.  A licensed charter school teacher who served one full year in a charter school, but was not tenured within the department of education, could enter the department of education and only serve two semesters of probation before earning tenure.

     The purpose of this Act is to amend the probationary period required of licensed charter school teachers, who are not tenured in the department of education, upon entering or returning to the department of education.

     SECTION 2.  Section 302D-26, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The department, in conjunction with authorizers, shall facilitate the movement of instructional personnel between the department and charter schools; provided that:

(1) Comparable and verifiable professional development and employee evaluation standards and practices, as determined and certified by the authorizers, are in place in charter schools for instructional staff;

(2) Licensed charter school teachers, as determined by the Hawaii teacher standards board, who are not yet tenured in the department and are entering or returning to the department after [full-time] employment [of no less than one full school year] at a charter school, shall be subject to [no more than one year of probationary status;] a probationary period in the department pursuant to the policies and practices as determined by the department, board, and appropriate collective bargaining agreements; and

(3) Tenured department licensed teachers, as determined by the department, who transfer to charter schools shall not be required to serve a probationary period."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Teachers; Public Charter Schools; Department of Education; Probationary Period; Tenure

Description:

Applies the same probationary period requirements of department of education teachers to public charter school teachers, who have not earned tenure within the department of education, upon entry or reentry to the department of education.

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