Allows individuals with higher education teaching experience to teach in the public schools without requiring them to possess a license. Allows principals to use their discretion to hire these adjunct teachers to staff up to 10% of the school's total classroom teachers.
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TEACHER STANDARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Adjunct teachers. (a) An adjunct teacher is an individual hired by a school principal based on the adjunct teacher's higher education teaching experience.
(b) An adjunct teacher is exempt from the provisions of chapter 89 and sections 302A-801 through 302A-808."
SECTION 2. 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;
(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, adjunct teachers as defined in section 302A-101, 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; or
(17) Employees of the Hawaii national guard youth challenge academy."
SECTION 3. Section 302A-101, Hawaii Revised Statutes, is amended as follows:
"§302A-101 Definitions. As used in this chapter, the following terms have the following meanings unless the context indicates otherwise:
"Adjunct teacher" means a person who holds the same duties and responsibilities as a teacher, but has been hired based on the qualifications set forth in section 302A-__.
"Air conditioning" means any mechanical device that cools or heats air.
"Board" means the board of education.
"Cafeteria workers" includes all employees of any public school cafeteria other than the cafeteria manager.
"Department" means the department of education.
"Early education" means a developmentally appropriate early childhood development and education program for children from birth to eight years of age.
"EDN 100" means the budget program identification number for school-based budgeting program within the department.
"Educational officers" includes principals, vice-principals, and professional employees of the state and district offices of the department, except those employees in the classified service.
"Exceptional children" includes:
(1) Persons under twenty years of age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities; provided that "exceptional children" shall not include "gifted and talented children";
(2) Persons under twenty years of age who by reason of physical defects cannot attend the regular public school classes with normal children; and
(3) Persons under twenty years of age who are certified by a licensed physician eligible for membership in the state medical society as being emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods.
"Gifted and talented children" means students residing in the State who are of compulsory school age and are enrolled in, and attending, a public school, and whose superior performance or potential indicates exceptional ability or talent. This ability or talent may occur singly in or in combination with any of the following areas: intellectual, creative or specific academic abilities, leadership capabilities, psychomotor abilities, or abilities in the performing or visual arts.
"Incumbent teachers" refers to teachers presently in service or on authorized leaves from the department.
"Job-sharing" means the voluntary sharing of a full-time, permanent employee's position with another employee, with each employee working one-half of the total number of hours of work required per week and performing one-half of the work required of the respective full-time position, and with each employee receiving one-half of the salary to which each employee is respectively entitled and at least one-half of each employee benefit afforded to full-time employees.
"New century charter schools" means the implementation of alternative frameworks with regard to curriculum, facilities management, instructional approach, length of the school day, week, or year, and personnel management, formed under section 302A-1182.
"Private trade, vocational, or technical school" means any plan or method used by any person or persons, firm, or any other organization or corporation for giving instruction in any form or manner in any trade, occupation, or vocation for a consideration, reward, or promise of whatever nature, including correspondence schools located within the State, except as follows:
(1) School maintained, or classes conducted, by employers for their own employees where no fee or tuition is charged;
(2) Courses of instruction given by any fraternal society, benevolent order, or professional organization to its members, which courses are not operated for profit;
(3) Flying schools qualified under the Federal Aviation Administration;
(4) Classes conducted for less than five students at one and the same time;
(5) Classes or courses of instruction that are conducted for twenty or fewer class sessions during any twelve-month period;
(6) Avocational, hobby, recreation, or heath classes or courses;
(7) Courses of instruction on religious subjects given under the auspices of a religious organization; and
(8) Schools registered by the department of commerce and consumer affairs or by boards and commissions placed in the department of commerce and consumer affairs for administrative purposes.
"Public office" excludes notaries public, reserve police officers, officers or emergency organizations for civilian defense or disaster relief, or county charter commissions.
"Public schools" means all academic and noncollege type schools established and maintained by the department in accordance with law. All other academic and noncollege type schools are "private schools", irrespective of the hours during which the sessions take place.
"Regional administrative unit" means a grouping of complexes established by the department for administrative support and organizational purposes.
"School-based budget flexibility" means an operating budget preparation and allocation process that provides maximum flexibility to individual schools, complexes, and learning support centers in the preparation and execution of their operating budgets.
"School/community-based management system" means a method of educational management that diffuses educational decisionmaking to involve or secure the input of those persons directly affected by the decision to be made at the school level, and encourages school-initiated methods for achieving educational goals established statewide by the board.
"School complex" means a grouping of schools established by the department for instructional, administrative and organizational purposes.
"Special facilities" includes buildings, equipment, and materials; transportation; boarding homes; and personnel qualified to work with exceptional children.
"Special services" means physiotherapy, or any form of muscle training, speech training, occupational therapy, vocational training, psychological evaluation, or any of them.
"Superintendent" means the superintendent of education.
"Teacher" means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers.
"Vandalism" includes, but is not limited to, mischievous or malicious destruction of property, such as breakage of windows, lockers, and doors."
SECTION 4. Section 302A-606, Hawaii Revised Statutes, is amended to read as follows:
"§302A-606 Considerations in appointing teachers. (a) In the appointment of teachers by the department, preference shall be given to local teachers of the same standing, grade, or rating as those teachers from without the State. The rating of a teacher shall not depend upon the number of pupils promoted or graduated, but solely upon the length of service, efficiency, and ability of the teacher.
(b) Principals may hire adjunct teachers as classroom teachers; provided that, at any one time, no more than 10% of the total number of classroom teachers at a particular school can be adjunct teachers."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect On July 1, 2003.