REPORT TITLE:
Ed Officer Salaries


DESCRIPTION:
Addresses inequities of pay for educational officers by removing
the requirement that a teacher promoted to educational officer
shall receive at least 8% pay raise and establishing a
classification system for educational officers.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1638
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATIONAL OFFICERS.
 


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

 1      SECTION 1.  Section 302A-619, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]302A-619[]]  Classification, educational officers.
 
 4 The board shall [classify all educational officer positions of
 
 5 the department and adopt a classification/compensation plan for
 
 6 these educational officer positions[; provided that the
 
 7 classification/compensation plan shall include a classification
 
 8 appeals procedure.] assign educational officers to one of the
 
 9 following classes:
 
10      (1)  A Class I education officer is any education officer
 
11           who holds a certificate issued by the department based
 
12           upon four acceptable years of college education and
 
13           other requirements as may be established by the
 
14           department;
 
15      (3)  A Class II educational officer is any educational
 
16           officer who holds a certificate issued by the
 
17           department based upon five acceptable years of college
 
18           education, plus      years of service served in the
 
19           capacity of an education officer, and any other
 

 
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                                     S.B. NO.           1638
                                                        
                                                        

 
 1           requirements as may be established by the department;
 
 2      (4)  A Class III educational officer is any educational
 
 3           officer who holds a certificate issued by the
 
 4           department based upon five acceptable years of college
 
 5           education and;
 
 6           (A)  At least fifteen additional credits approved by
 
 7                the department; or
 
 8           (B)  At least      years of service served in the
 
 9                capacity of an education officer; and
 
10           (C)  Any other requirements as may be established by
 
11                the department;
 
12      (5)  A Class IV educational officer is any educational
 
13           officer who holds a certificate issued by the
 
14           department based upon five acceptable years of college
 
15           education and:
 
16           (A)  At least thirty additional credits approved by the
 
17                department; or
 
18           (B)  At least,      years of service served in the
 
19                capacity of an education officer; and
 
20           (C)  Any other requirements as may be established by
 
21                the department;
 
22      (6)  A Class V educational officer is any educational
 
23           officer who holds a certificate issued by the
 

 
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                                     S.B. NO.           1638
                                                        
                                                        

 
 1           department based upon five acceptable years of college
 
 2           education and:
 
 3           (A)  At least forty-five additional credits approved by
 
 4                the department; or
 
 5           (B)  At least      years of service served in the
 
 6                capacity of an education officer; and
 
 7           (C)  Any other requirements as may be established by
 
 8                the department; and
 
 9      (7)  A Class VI educational officer is any educational
 
10           officer who holds a certificate issued by the
 
11           department based upon five acceptable years of college
 
12           education and:
 
13           (A)  At least sixty-six additional credits approved by
 
14                the department; or
 
15           (B)  At least      years of service served in the
 
16                capacity of an education officer; and
 
17           (C)  Any other requirements as may be established by
 
18                the department."
 
19      SECTION 2.  Section 302A-623, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]302A-623[]]  Salary ranges, educational officers.
 
22 Salary ranges for educational officer positions of the department
 
23 shall be [determined by the board based on the position
 

 
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                                     S.B. NO.           1638
                                                        
                                                        

 
 1 classification/compensation plan approved by the board.  Salary
 
 2 ranges for educational officer positions shall be] subject to the
 
 3 requirements of sections 302A-625 and 302A-626[.]  and shall be
 
 4 as follows:
 
 5 
 
 6                      DEPARTMENT OF EDUCATION
 
 7                           SALARY RANGES
 
 8                        EDUCATION OFFICERS
 
 9 
 
10                   POSITIONS               DOESR 
11            Class     I                      
12                      II                     
13                      III                    
14                      IV                     
15                      V                      
16                      VI                       "
17 
 
18      SECTION 3.  Section 302A-624, Hawaii Revised Statutes, is
 
19 amended by amending subsection (d) to read as follows:
 
20      "(d)  In case of promotion from a teaching position to an
 
21 educational officer, the employee shall receive compensation [at
 
22 the lowest step of the higher grade that exceeds the employee's
 
23 existing compensation by at least eight per cent if such a step
 
24 exists] at the applicable salary range for the class to which the
 
25 employee qualifies for placement."
 
26      SECTION 4.  Section 302A-628, Hawaii Revised Statutes, is
 

 
 
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                                     S.B. NO.           1638
                                                        
                                                        

 
 1 amended by amending subsection (d) to read as follows:
 
 2      "[[]302A-628[]]  Change in classification.  Any teacher or
 
 3 educational officer who qualifies for a higher class shall be
 
 4 transferred to the higher class as of the beginning of the next
 
 5 semester and shall receive the salary at the appropriate step and
 
 6 range of the higher class."
 
 7      SECTION 5.  Section 302A-620, Hawaii Revised Statutes, is
 
 8 repealed.
 
 9      ["[302A-620]  Classification/compensation appeals board;
 
10 adjustments to classification/compensation plan.(a)  There
 
11 shall be established a classification/compensation appeals board
 
12 within the department for administrative purposes.  The appeals
 
13 board shall be composed of three members.  One member shall be
 
14 appointed by the board of education and one member appointed by
 
15 the exclusive bargaining unit representing educational officers.
 
16 The third member shall be appointed by the governor and shall
 
17 serve as chairperson.  No member shall be an employee of the
 
18 department, a member of the board of education, or an employee of
 
19 the organization representing educational officers.  The appeals
 
20 board shall sit as an appellate body on matters of
 
21 classification/compensation.  All decisions of the appeals board
 
22 shall be by majority vote and be binding on both parties.
 
23      (b)  The appeals board shall meet biennially every even-
 

 
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                                     S.B. NO.           1638
                                                        
                                                        

 
 1 numbered year to receive pricing appeals from affected persons
 
 2 and parties relating to the classification/compensation plan.
 
 3 All petitions for appeal shall be filed with the appeals board
 
 4 within twenty days from the date set by the appeals board for
 
 5 receipt of these appeals.
 
 6      The appeals board shall meet on a quarterly basis as needed
 
 7 to receive classification appeals.  All petitions for educational
 
 8 officer classification appeals shall be filed with the appeals
 
 9 board within twenty working days from the date of receipt of
 
10 notification of the classification action or twenty working days
 
11 from the date of receipt of the superintendent's written decision
 
12 on the employee's internal administrative review appeal.
 
13      (c)  The appeals board shall function independently of the
 
14 board of education and the department, but may procure office
 
15 facilities and clerical assistance from them.  Neither the
 
16 appeals board nor any of its members or staff shall consult with
 
17 any member of the board of education or department except on
 
18 notice and opportunity for the appealing employee or the
 
19 employee's representative to participate.
 
20      The appeals board shall adopt policies and standards
 
21 relative to classification/compensation.  The appeals board may
 
22 adopt rules pursuant to chapter 91 for the conduct of appeal
 
23 hearings.
 

 
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                                     S.B. NO.           1638
                                                        
                                                        

 
 1      (d)  The appeals board shall make whatever adjustments that
 
 2 are necessary to the affected classes where the appeals have been
 
 3 filed in the classification/compensation plan.
 
 4      The appeals board shall hear pricing appeals and complete
 
 5 the final adjustment to the classification/compensation plan by
 
 6 the first Wednesday of December of all even-numbered years.
 
 7 Following the final pricing adjustment to the
 
 8 classification/compensation plan, the superintendent shall submit
 
 9 to the legislature, through the office of the governor, a report
 
10 setting forth the classification/compensation plan and the cost
 
11 thereof for its information and approval.  The approved
 
12 classification/compensation plan shall be effective as of July 1
 
13 of each odd-numbered year.
 
14      The appeals board shall hear classification appeals on a
 
15 quarterly basis upon receipt of the appeals.  The effective date
 
16 of the appeals for twelve-month educational officers shall be the
 
17 first pay period immediately following the receipt of the current
 
18 position description by the classification/compensation section
 
19 of the department.  The effective date for ten-month officers
 
20 shall be the beginning of the appropriate semester (September or
 
21 January).
 
22      (e)  Notwithstanding any other laws to the contrary, each
 
23 member of the appeals board shall receive $50 per day for each
 

 
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                                     S.B. NO.           1638
                                                        
                                                        

 
 1 day on which work is done by them in connection with authorized
 
 2 activities of the appeals board.  The cost thereof shall be met
 
 3 by legislative appropriations for the appeals board."]
 
 4      SECTION 6.  There is appropriated out of the general
 
 5 revenues of the State of Hawaii the sum of $          , or so
 
 6 much thereof as may be necessary for fiscal year 1999-2000, for
 
 7 the purpose of funding salary adjustments pursuant to this Act.
 
 8      SECTION 7.  The sum appropriated shall be expended by the
 
 9 department of education for the purposes of this Act.
 
10      SECTION 8.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 9.  This Act shall take effect on July 1, 1999,
 
13 subject to any collective bargaining agreements currently in
 
14 force.
 
15 
 
16                           INTRODUCED BY:  _______________________