HOUSE OF REPRESENTATIVES

H.B. NO.

681

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to school principals.

 

 

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

 


     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new subpart to part III to be appropriately designated and to read as follows:

"principals

     §302A-     Performance contracts; principals.  (a)  The department shall negotiate and enter into performance-based contracts for individuals to serve as principals in the public school system.

     (b)  The performance-based contracts for principals shall be for a term of four years.

     (c)  The department shall establish minimum performance standards for principals and incorporate the standards into the performance contract.

     (d)  Individuals retained as principals under performance-based contracts shall be exempt from chapter 89.

     §302A-     Contract renewal; nonrenewal; termination.  (a)  Renewal of a performance-based contract shall be determined by a review process established by the department.  The review process shall take into consideration the following:

(1)  Teacher input;

(2)  Parent input; and

     (3)  Student achievement, as measured by school report cards.

     (b)  If the contract of a principal is not renewed or is terminated, and the department determines that the principal would benefit from professional development assistance, the department shall offer professional development assistance through the University of Hawaii college of education.

     §302A-     Compensation.  Compensation for a principal under performance-based contracts shall be no higher than      per cent of the highest salary of a teacher at the public school at which the principal works.

     §302A-     Tenure.  Notwithstanding any law to the contrary, principals shall retain any tenure that they may have earned as teachers but shall not accrue any tenure as principals."

     SECTION 2.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

     (1)  Elected or appointed official;

     (2)  Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D;

     (3)  Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

     (4)  Secretary to top-level managerial and administrative personnel under paragraph (3);

     (5)  Individual concerned with confidential matters affecting employee-employer relations;

     (6)  Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);

     (7)  Temporary employee of three months' duration or less;

     (8)  Employee of the executive office of the governor or a household employee at Washington Place;

     (9)  Employee of the executive office of the lieutenant governor;

    (10)  Employee of the executive office of the mayor;

    (11)  Staff of the legislative branch of the State;

    (12)  Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

    (13)  Any commissioned and enlisted personnel of the Hawaii national guard;

    (14)  Inmate, kokua, patient, ward, or student of a state institution;

    (15)  Student help;

    (16)  Staff of the Hawaii labor relations board;

    (17)  Employees of the Hawaii national guard youth challenge academy; [or]

    (18)  Employees of the office of elections[.]; or

    (19)  Principals retained under performance-based contracts with the department of education."

     SECTION 3.  Section 302A-625, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-625  Educational officers' salary schedules.  The salary schedule for all educational officers of the department, except for principals retained under performance-based contracts, shall be negotiated pursuant to section 89-9."

     SECTION 4.  Section 302A-626, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-626  Salary increases; annual, longevity.  (a)  Teachers and educational officers, except for principals retained under performance-based contracts, who have completed a year's satisfactory service and who have complied with the other requirements of sections 302A-602 to 302A-639, and 302A-701, shall be entitled to an annual increment.

     (b)  Teachers and educational officers, except for principals retained under performance-based contracts, 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-639, 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.  This Act shall apply to any contract to take effect upon the expiration of the collective bargaining agreement between the board of education and collective bargaining unit 6 that is in effect on the effective date of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

DOE; Principals; Contracts

 

Description:

Requires DOE to employ principals through performance-based contracts.  Exempts principals from collective bargaining rights.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.