Report Title:

Hawaii Teacher Standards Board; Licensing

Description:

Authorizes the Hawaii teacher standards board to impose penalties against those persons who hire unlicensed individuals and those individuals who inaccurately portray themselves as licensed teachers. (HB1340 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1340

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the hawaii teacher standards board.

 

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

SECTION 1. The National Commission on Teaching and America’s Future, a national organization with nineteen partner states, including Hawaii, is focused on improving student learning by ensuring that there is a caring, competent, and qualified teacher in every classroom.

Since 2000, the sixteen-member Hawaii Policy Group of the National Commission on Teaching and America’s Future, composed of a representative group of educational stakeholders, has collaborated on research-based recommendations to improve teaching in Hawaii. The recommendations encompass five key areas:

(1) Establishing and implementing standards for students and teachers;

(2) Teacher preparation and professional development;

(3) Teacher recruitment and placing qualified teachers in all classrooms;

(4) Encouraging and rewarding teaching knowledge and skill; and

(5) Creating schools that are organized for student and teacher success.

This Act arose out of the work of the Hawaii Policy Group of the National Commission on Teaching and America’s Future. In 2001, the legislature authorized the transfer of teacher licensing functions from the department of education to the Hawaii teacher standards board. The legislature took this bold step to strengthen the teaching profession by making the profession self-governing and accountable for who becomes and remains licensed to teach in Hawaii. Like its professional counterparts, the board of medical examiners for doctors and the Hawaii State Bar Association for lawyers, the Hawaii teacher standards board was authorized to issue, renew, revoke, suspend, and reinstate licenses for individuals desiring to teach in our State. Transferring these duties from the department of education to the Hawaii teacher standards board removed the inherent conflict of interest faced by the department in its role as employer as well as licensing agent.

This Act authorizes the Hawaii teacher standards board to enforce the penalty provision against those persons who hire unlicensed individuals and those individuals who inaccurately portray themselves as licensed teachers.

SECTION 2. 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 my 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 3. 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 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2003.