Report Title:

Substitute Teachers; Claims Against the State; Appropriation

 

Description:

Makes an appropriation to the department of education to settle pending class action lawsuits brought by part-time and substitute teachers against the department of education of unpaid wages.

 

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1009

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relatiNG to claims against the state.

 

 

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

 


     SECTION 1.  The legislature finds that there are three pending class action lawsuits against the department of education entitled Garner v. Department of Education, Kliternick v. Hamamoto, and Kawashima v. Department of Education, which involve disputes between the department of education and substitute and part-time teachers over allegations of unpaid wages since 1996.

     These lawsuits have created a significant strain between the affected teachers and the department of education, resulting in declining teacher morale, distrust, and attrition of needed employees.  The legislature further finds that these cases require expeditious action to resolve a major public issue adversely impacting Hawaii's public education system.  There are over 10,000 substitute and part-time teachers who proudly serve the department of education.  Without substitute and part-time teachers, Hawaii's public education system could not function. 

     Providing a settlement between the substitute and part-time teachers and the department of education will restore goodwill and harmony between these teachers and the department of education to ultimately better serve Hawaii's public school students.

     SECTION 2.  The funds appropriated by this measure are intended to settle the above-referenced lawsuits between part-time and substitute teachers and the department of education, and are separate and apart from the funds appropriated to the department of education for operational and educational purposes.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2007-2008, and the sum of $          , or so much thereof as may be necessary for fiscal year 2008-2009, for retroactive salary adjustments for public school part-time and substitute teachers beginning from July 1, 1996, which amounts shall be paid to part-time and substitute teachers if such payments will settle the pending class action lawsuits.

     The sums appropriated shall be expended by the department of education for purposes of this Act; provided that it shall not adversely affect the moneys otherwise made available to the department of education for operational and educational purposes.

     SECTION 4.  This Act shall take effect on July 1, 2007.

 

INTRODUCED BY:

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