Report Title:

Education; Out-of-field Teachers; Hawaii Teacher Standards Board

Description:

Defines "teaching out-of-field" as teaching outside the authorized licensing field indicated on an individual's license and "out-of-field teacher" as an individual who is teaching outside the authorized licensing field indicated on the individual's license. Appropriates funding for the continuation of the National Board Certification Candidate Support Program. Includes language to provide for the enforcement of the penalty for hiring unlicensed individuals or for posing as a licensed teacher. Appropriates funds for staff to conduct and assist with licensing and relicensing. (SB1237 SD1 HD1)

THE SENATE

S.B. NO.

1237

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to education.

 

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

PART I

SECTION 1. The legislature finds that section 302A-804, Hawaii Revised Statutes, requires the department of education to report data annually to the Hawaii teacher standards board about the supply of and demand for teachers, including the identification of shortage areas, out-of-field teaching assignments, numbers of teachers teaching out-of-field, numbers and types of courses and classes taught by out-of-field teachers, and numbers and types of students taught by out-of-field teachers. The legislature further finds that the definitions of "teaching out-of-field", "out-of-field teaching", and "out-of-field teacher" are vague and subject to differing interpretations by the department of education and the Hawaii teacher standards board.

These differing interpretations have made it practically impossible for labor and management to assess and evaluate the supply of and demand for teachers. Consequently, the purpose of this Act is to define, for statistical purposes, "teaching out-of-field", "out-of-field teaching", and "out-of-field teacher".

SECTION 2. Section 302A-101, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Out-of-field teacher" means a teacher who is teaching outside the teacher's authorized licensing field as indicated on the teacher's license issued by the Hawaii teacher standards board.

"Teaching out-of-field" and "out-of-field teaching" means teaching outside the teacher's authorized licensing field as indicated on an teacher's license issued by the Hawaii teacher standards board."

PART II

SECTION 3. Section 302A-804, Hawaii Revised Statutes, is amended to read as follows:

"§302A-804 Powers and duties of the department. The department shall retain all of its rights and powers except for the authority provided to the board under this subpart. The department's powers and duties under this subpart shall be limited to:

(1) Hiring, except in emergency situations as described in this chapter, licensed teachers to teach in their fields of licensing;

(2) Reporting data [annually] to the board in an annual report that shall be posted on the department's Internet website, about the supply of, and demand for, teachers, including the identification of shortage areas, out-of-field teaching assignments, numbers of teachers teaching out-of-field, numbers and types of courses and classes taught by out-of-field teachers, and numbers and types of students taught by out-of-field teachers;

(3) On an emergency and case-by-case basis, hiring unlicensed individuals; provided that:

(A) A list of the names, work sites, teaching assignments, and progress toward licensing of these individuals shall be reported to the board, and any changes shall be updated on a monthly basis by the department;

(B) There are no properly licensed teachers for the specific assignments for which the individuals are being hired; and

(C) No individual may be employed by the department on an emergency basis for more than four years. During this time the individual must demonstrate active pursuit of licensing in each year of employment;

(4) Submitting [an annual report] to the board an annual report that shall be posted on the department's Internet website documenting:

(A) The number of emergency hires by subject matter areas and by schools;

(B) The reasons and duration of employment for the emergency hiring enumerated in subparagraph (A);

(C) Individual progress toward licensing; and

(D) The department's efforts to address the shortages described in subparagraph (A); and

(5) Providing any other information requested by the board that is pertinent to its powers and duties."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2003-2004 and the same sum or so much thereof as may be necessary for fiscal year 2004-2005 to maintain a national board certification candidate support program for public school teachers to be implemented and administered by the Hawaii teacher standards board.

The national board certification candidate support program shall provide candidate support by establishing release days and providing facilitator and trainer stipends, training and training materials, and payment of transportation expenses to enable neighbor island candidates to attend candidate support sessions and assessment center exercises on the island of Oahu.

The sums appropriated shall be expended by the Hawaii Teacher Standards Board for the purposes of this Act.

PART III

SECTION 5. Chapter 302A, Hawaii Revised Statutes, is amended by adding six new sections to part III, subpart D, to be appropriately designated and to read as follows:

"§302A-A Reports. (a) Notwithstanding any other law to the contrary, including laws concerning the confidentiality of information, the following persons who, in their professional or official capacity, have reason to believe that a violation of section 302A-805 has occurred, shall immediately report the matter orally to the board:

(1) Any licensed teacher;

(2) Employees or officers of the department; and

(3) Employees or officers of any teacher preparation institution.

(b) The initial oral report shall be followed as soon thereafter as possible by a report in writing. All written reports shall contain the name and address, if known, of the violator and any other information that the reporter believes might be helpful or relevant to the investigation of the violation.

(c) Any person subject to subsection (a), upon demand by the board, shall provide all information related to the alleged violation, including educational records and transcripts, that was not included in the written report submitted pursuant to subsection (b).

(d) The board may adopt rules to further define or clarify the violations and penalties of section 302A-B as well as the procedures necessary for implementing this subpart.

§302A-B Nonreporting; penalty. Any person subject to this subpart who knowingly prevents another person from reporting, or who knowingly fails to provide information as required by this subpart, shall be guilty of a petty misdemeanor.

§302A-C Any person may report. Any person, not otherwise required to report pursuant to this subpart, who becomes aware of facts or circumstances that cause that person to have reason to believe that a violation has occurred may immediately report the matter orally to the board.

§302A-D Confidentiality. The board may withhold information that is subject to the exceptions and limitations on disclosure set forth in chapter 92F.

§302A-E Action on reporting. (a) Upon receiving a report concerning a violation, the board shall proceed pursuant to its rules.

(b) The board shall maintain a central registry of reported violations and shall promptly expunge the reports of cases where the board has deemed the reports to be unsubstantiated.

(c) For the purposes of expungement under subsection (b), a report is deemed to be unsubstantiated only when the board has found the allegations contained in the report to be frivolous or to have been made in bad faith.

(d) The board shall adopt such rules as may be necessary to carry out the purposes of this section.

§302A-F Immunity from liability. (a) Any person participating in good faith in the making of a report pursuant to this subpart shall have immunity from any liability, civil or criminal, that might be otherwise incurred or imposed by or as a result of the making of such a report. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.

(b) Any individual who assumes a duty or responsibility pursuant to this subpart shall have immunity from civil liability for acts or omissions performed within the scope of the individual’s duty or responsibility. Nothing in this section shall be construed to limit the liability of the board or any other state agency, or any private organization, for the conduct of individuals provided immunity in this section."

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2003-2004 and the sum of $1 or so much thereof as may be necessary for fiscal year 2004-2005 to conduct the licensing and license renewal functions of the Hawaii teacher standards board, including the hiring of necessary staff.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 7. In codifying the new sections added by section 5 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

PART IV

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2003.