HOUSE OF REPRESENTATIVES

H.B. NO.

1275

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to CHARTER SCHOOLS.

 

 

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

 


     SECTION 1.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

     (1)  Nonsupervisory employees in blue collar positions;

     (2)  Supervisory employees in blue collar positions;

     (3)  Nonsupervisory employees in white collar positions;

     (4)  Supervisory employees in white collar positions;

     (5)  Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent[;], except for charter school employees who shall be exempt from coverage under this chapter;

     (6)  Educational officers and other personnel of the department of education under the same pay schedule[;], except for charter school employees who shall be exempt from coverage under this chapter;

     (7)  Faculty of the University of Hawaii and the community college system;

     (8)  Personnel of the University of Hawaii and the community college system, other than faculty;

     (9)  Registered professional nurses;

    (10)  Institutional, health, and correctional workers;

    (11)  Firefighters;

    (12)  Police officers; and

    (13)  Professional and scientific employees, who cannot be included in any of the other bargaining units."

     SECTION 2.  Section 302D-1, Hawaii Revised Statutes, is amended by amending the definition of "governing board" to read as follows:

     ""Governing board" means the independent board of a public charter school that is party to the charter contract with the authorizer that:

     (1)  Is responsible for the financial, organizational, and academic viability of the charter school and implementation of the charter;

     (2)  Possesses the independent authority to determine the organization and management of the school, the curriculum, and virtual education;

     (3)  Has the power to negotiate supplemental collective bargaining agreements with exclusive representatives of [their] conversion charter school employees and is considered the employer of conversion charter school employees for purposes of chapters 76, 78, and 89; and

     (4)  Ensures compliance with applicable state and federal laws."

     SECTION 3.  Section 302D-12, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The governing board shall be the independent governing body of its charter school and shall have oversight over and be responsible for the financial, organizational, and academic viability of the charter school, implementation of the charter, and the independent authority to determine the organization and management of the school, the curriculum, virtual education, and compliance with applicable federal and state laws.  The governing board shall ensure its school complies with the terms of the charter contract between the authorizer and the school.  The governing board of a conversion charter school shall have the power to negotiate supplemental collective bargaining agreements with the exclusive representatives of their employees."

     SECTION 4.  Section 302D-13, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  A charter application to become a start-up charter school shall meet the requirements of this subsection and section 302D-25.  The charter application shall include the following:

     (1)  A description of employee rights and management issues and a framework for addressing those issues that protects the rights of employees[;], including that, while all charter school employees are employees of the governing board and are not employees of the State, charter school employees may elect to receive benefits for which state employees are eligible;

     (2)  A plan for identifying, recruiting, and retaining highly qualified instructional faculty;

     (3)  A plan for identifying, recruiting, and selecting students that is not exclusive, elitist, or segregationist;

     (4)  The curriculum and instructional framework to be used to achieve student outcomes, including an assessment plan;

     (5)  A plan for the assessment of student, administrative support, and teaching personnel performance that:

         (A)  Recognizes the interests of the general public;

         (B)  Incorporates or exceeds the educational content and performance standards developed by the department for the public school system;

         (C)  Includes a system of faculty and staff accountability that holds faculty and staff individually and collectively accountable for their performance, and that is at least equivalent to the average system of accountability in public schools throughout the State; and

         (D)  Provides for program audits and annual financial audits;

     (6)  A governance structure for the charter school that incorporates a conflict of interest policy and a plan for periodic training to carry out the duties of governing board members;

     (7)  A description of the constitution of the governing board, terms of governing board members, and the process by which governing board members were selected;

     (8)  A financial plan based on the most recent fiscal year's per-pupil charter school allocation that demonstrates the ability to meet the financial obligations of one-time, start-up costs and ongoing costs such as monthly payrolls, faculty recruitment, professional development, and facilities costs; and

     (9)  A facilities plan."

     SECTION 5.  Section 302D-25, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Charter schools shall be exempt from chapters 89, 91, and 92 and all other state laws in conflict with this chapter, except those regarding:

    [(1)  Collective bargaining under chapter 89; provided that:

         (A)  The exclusive representatives as defined in chapter 89 and the governing board of the charter school may enter into supplemental agreements that contain cost and noncost items to facilitate decentralized decision-making;

         (B)  The agreements shall be funded from the current allocation or other sources of revenue received by the charter school; provided that collective bargaining increases for employees shall be allocated by the department of budget and finance to the charter school's authorizer for distribution to the charter school; and

         (C)  These supplemental agreements may differ from the master contracts negotiated with the department;

     (2)] (1)  Discriminatory practices under section 378-2; and

    [(3)] (2)  Health and safety requirements."

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

     SECTION 7.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Charter Schools; Collective Bargaining; Union

 

Description:

Exempts charter school employees from collective bargaining.  Specifies that charter school employees are employees of the public charter school governing board and are not state employees, but may opt to receive state benefits.

 

 

 

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