STAND. COM. REP. NO. 990

Honolulu, Hawaii

, 2005

RE: S.B. No. 1250

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1250, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SCHOOL SUBSTITUTE TEACHERS,"

begs leave to report as follows:

The purpose of this measure is to establish and fund a salary classification and compensation plan for public school substitute teachers.

The bill requires the compensation plan to be approved by the board of education and contains provisions for per diem rates (for substitute teachers) above minimum levels. The criteria for the higher level per diem rates would be based generally on a substitute teacher's professional credentials, experience, and educational background and qualifications. The bill also provides an unspecified appropriation to settle two pending lawsuits filed by substitute teachers against the State.

Your Committee finds that the issue of public school substitute teacher salaries has been an on-going source of contention and controversy, with no apparent resolution in sight. Substitute teachers have taken their grievances to state court requesting substantial unpaid and retroactive wage compensation. But, with equal conviction and resolve, the State has maintained its position that no back pay for substitute teachers is warranted. Your Committee further finds that this litigation should be allowed to proceed through the judicial process without interference by the Legislature.

Your Committee is concerned that, if this dispute is not resolved quickly, it can negatively impact substitute teachers, the community-at-large, and especially the thousands of public school students who depend on substitute teachers on a daily basis. Therefore, your Committee has amended the bill as follows, by:

(1) Removing the purpose clause and any language that refers to the pending litigation between the State and substitute teachers;

(2) Requiring the Board of Education to prepare and approve a substitute teacher classification/compensation plan, no later than August 1, 2005;

(3) Funding the possible compensation adjustments from January 25, 2005; and

(4) Making technical amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1250, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1250, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair