Report Title:

Education; Charter School; Employees; Civil Service

Description:

Confers the same rights and benefits of civil service employees in the department of education to civil service employees of conversion charter schools. (HB2551 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

2551

TWENTY-THIRD LEGISLATURE, 2006

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. In 2004, the legislature found that civil service employees of department of education schools should not lose their civil service status, rights, and benefits upon conversion of their schools to new century conversion charter schools. To preserve the civil service status, rights, and benefits of these employees and those hired after a school's conversion to a new century conversion charter school, the legislature granted civil service status to these employees when it enacted Act 63, Session Laws of Hawaii 2004.

At the same time, however, the legislature enacted Act 51, Session Laws of Hawaii 2004 (Act 51), which separated department of education civil service employees from the authority of the department of human resources development to reduce bureaucracy. In contrast, the civil service employees of new century conversion charter schools were deemed, under Act 51, to remain under the authority of the department of human resources development. Therefore, under current law, these employees cannot be considered for lateral transfers and promotions to other department of education schools as similar civil service employees of the department of education.

It was not, however, the intent of the legislature to deprive civil service employees of new century conversion charter schools the opportunity to be considered for transfers and promotions to other department of education schools.

The purpose of this Act is to preserve the rights, privileges, and benefits of civil service employees of new century conversion charter schools by specifically including them in the department of education's human resources system and providing that they shall continue to enjoy uninterrupted civil service status when transferred, promoted, or taking a voluntary demotion to another civil service position.

SECTION 2. Section 302A-1184, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Civil service employees of department of education schools shall retain their civil service status upon the conversion of their school to a new century conversion charter school. Positions in a new century conversion charter school that would be civil service in a department of education public school shall be civil service positions and subject to chapter 76. Civil service employees of a new century conversion charter school shall retain their civil service status in the department's human resources civil service system and shall be entitled to all rights and benefits as other civil service employees employed by the department. Civil service exempt employees, as defined in section 76-16(b), of a new century conversion charter school shall retain their status in the department's human resources civil service system for support services personnel and shall be entitled to all rights and benefits of civil service employees employed by the department. An employee with civil service status at a new century conversion charter school who transfers, is promoted, or takes a voluntary demotion to another civil service position shall be entitled to all of the rights, privileges, and benefits of continuous, uninterrupted civil service."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2020.