HOUSE OF REPRESENTATIVES

H.B. NO.

1336

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relatING to education.

 

 

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

 


PART I

     SECTION 1.  The purpose of this Act is to promote the advancement of education in this State by granting the department of education greater flexibility in the compensation of teachers.

PART II

     SECTION 2.  The purpose of this part is to authorize unilateral differential pay for special education teachers, teachers of subjects with shortages of qualified teachers, and teachers in schools with geographic or environmental difficulties.

     SECTION 3.  Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The repricing of classes within an appropriate bargaining unit may be negotiated as follows:

     (1)  At the request of the exclusive representative and at times allowed under the collective bargaining agreement, the employer shall negotiate the repricing of classes within the bargaining unit.  The negotiated repricing actions that constitute cost items shall be subject to the requirements in section 89-10; and

     (2)  If repricing has not been negotiated under paragraph (1), the employer of each jurisdiction shall ensure establishment of procedures to periodically review, at least once in five years, unless otherwise agreed to by the parties, the repricing of classes within the bargaining unit.  The repricing of classes based on the results of the periodic review shall be at the discretion of the employer.  Any appropriations required to implement the repricing actions that are made at the employer's discretion shall not be construed as cost items[.];

provided that nothing in this subsection shall be construed to limit the employer's discretion to unilaterally provide pay differentials for teachers in the field of special education, teachers of subjects for which there is a shortage of qualified teachers, or teachers in schools that have experienced teacher shortages because of the geographic location or environmental difficulties."

PART III

     SECTION 4.  The purpose of this part is to authorize the department of education to hire adjunct teachers who shall be exempt from teacher licensing requirements and collective bargaining rights.

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

     "§302A-     Adjunct teachers.  (a)  The department may employ individuals as adjunct teachers in lieu of teachers licensed by the Hawaii teacher standards board; provided that during any school year, not more than thirty per cent of the total number of teachers at any school may be composed of adjunct teachers, unless a waiver is obtained from a district superintendent.

     (b)  The department may hire an individual as an adjunct teacher if the individual has at least one year of teaching experience at a post-secondary educational institution that is accredited by an accrediting body recognized by the Secretary of Education.

     (c)  Individuals employed as adjunct teachers shall be exempt from chapter 89 and the licensing requirement of section 302A-805."

     SECTION 6.  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)  Adjunct teachers of the department of education employed pursuant to section 302A-   ."

PART IV

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Teachers; Special Pay; Education; Adjunct Teachers

 

Description:

Authorizes unilateral differential pay for certain teachers.  Authorizes DOE to hire adjunct teachers who shall be exempt from teacher licensing requirements and collective bargaining rights.  Establishes a limitation on how many adjunct teachers may be employed at one school.

 

 

 

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