Report Title:

DOE; Educational Officers; Hawaii Administrator Standards Board

Description:

Establishes the Hawaii administrator standards board.

THE SENATE

S.B. NO.

2428

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. Act 249, Session Laws of Hawaii 2002, mandated the department of education, in collaboration with the Hawaii teacher standards board, to convene a working group composed of representatives of the Hawaii government employees association's collective bargaining unit (6) and local school administrator training programs for the purpose of taking the foundational steps towards establishing an independent body to set and monitor standards for school administrators, with July 1, 2005 as the target date for the implementation of the working group's recommendations to the legislature.

The working group has engaged in an ongoing collaborative planning process designed to meet the target date. In this course of this effort, they determined that sixty-four per cent of department of education administrators who responded to an online survey were against the idea of an educational officers' licensing board in place of the current certification system maintained by the department. Nevertheless, in the spirit of compliance with Act 249, Session Laws of Hawaii 2002, the working group has formulated their recommendations on the establishment of such an independent board and delivered them to the legislature.

Although the legislature wishes to be sensitive to the opinions of educational officers, there is also a need to balance these concerns with:

(1) Adherence to a positive national trend towards the professionalization of educational officers and administrators;

(2) The need to provide a uniform criteria of competency system-wide; and

(3) The elimination of the appearance of a possible conflict of interest in having the employing agency also serving as the certifying agency.

The purpose of this Act is to implement the recommendations of the working group created by Act 249, Session Laws of Hawaii 2002, by establishing the Hawaii administrator standards board.

SECTION 2. Section 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately inserted and to read as follows:

"PART    

HAWAII ADMINISTRATOR STANDARDS BOARD

302A-   Hawaii administrator standards board. (a) There is established the Hawaii administrator standards board, which shall be placed within the department for administrative purposes only. The board shall consist of nine members, including not less than five certified educational officers regularly engaged in administration, the chairperson of the board of education or the chairperson's designee, the superintendent or the superintendent's designee, an active faculty member of a university-level educational administration training program, appointed by the dean of the college of education, and a representative of the community appointed by the governor.

(b) Except for the representatives appointed by the chairperson of the board of education, the superintendent, the dean of the college of education, and the community representative, the governor shall appoint the members of the board pursuant to section 26-34, from a list of qualified nominees submitted to the governor by the departments, agencies, and organizations representative of the constituencies of the board. To the extent possible, the board membership shall reflect representation of educational officers from all islands.

(c) Appointed board members shall serve not more than three consecutive three-year terms; provided that the initial terms of the appointed members that commence after June 30, 2005, shall be staggered, as follows:

(1)      members shall serve three-year terms;

(2)      members shall serve two-year terms; and

(3)      member shall serve a one-year term.

(d) Board members shall receive no compensation. When board duties require that a board member take leave of the board member's duties as a state employee, the appropriate department shall allow the board member to be placed on administrative leave with pay and shall provide substitutes, when necessary, to perform that board member's duties. Board members shall be reimbursed for necessary travel expenses incurred in the conduct of official board business.

(e) The chairperson of the board shall be designated by the members of the board.

§302A-   Certification standards. (a) The board shall establish certification standards that govern educational officer certification in Hawaii in public and private schools. Licensing standards established by the board shall be adopted as rules under chapter 91 unless otherwise specified in this subpart.

(b) In the development of its standards, the board shall consider the existing educational officer applicant pool that is available in the State and the level of the qualification of these applicants, as well as the nature and availability of existing preservice higher education administrator training programs. The board shall also consider alternative routes to certification.

§302A-   Powers of the board. (a) In addition to establishing standards for the issuance and renewal of certification and any other powers and duties authorized by law, the board's powers shall also include:

(1) Setting and administering its own budget;

(2) Adopting, amending, repealing, or suspending the policies, standards, or rules of the board in accordance with chapter 91;

(3) Receiving grants or donations from private foundations, and state and federal funds;

(4) Submitting an annual report to the governor and the legislature on the board's operations and from the 2007-2008 school year, submitting a summary report every five years of the board's accomplishment of objectives, efforts to improve or maintain educational officer quality, and efforts to keep its operations responsive and efficient;

(5) Conducting a cyclical review of standards and suggesting revisions for their improvement;

(6) Establishing certification fees in accordance with chapter 91, including the collection of fees by means of mandatory payroll deductions, which shall subsequently be deposited into the state treasury and credited to the Hawaii administrator standards board special fund;

(7) Establishing penalties in accordance with chapter 91;

(8) Issuing, renewing, revoking, suspending, and reinstating certification;

(9) Reviewing reports from the department on individuals hired on an emergency basis;

(10) Applying certification standards on a case-by-case basis and conducting licensing evaluations;

(11) Preparing and disseminating administrator certification information to schools and operational personnel;

(12) Approving administrator preparation programs;

(13) Administering reciprocity agreements with other states relative to certification;

(14) Conducting research and development on administrator certification systems, beginning administrator programs, the assessment of administration skills, and other related topics;

(15) Participating in efforts relating to educational officer quality issues, conducting professional development related to the board's standards, and promotion of high educational officer standards and accomplished administration; and

(16) Adopting applicable rules and procedures.

(b) The board shall be responsible for approving educational administration education programs that meet the standards established by the board. The board may engage in efforts relating to the improvement of instruction through educational administration education and professional development, and to attract qualified candidates for educational officer training from among the high school graduates of the State.

§302A-   Hawaii administrator standards special fund. There is established within the state treasury a special fund to be known as the Hawaii administrator standards board special fund, into which shall be deposited all moneys received by the board in the form of appropriations, fees, fines, grants, donations, or revenues regardless of their source. The special fund shall be administered by the department and used to pay the expenses of the board, including but not limited to the payment of all operational and personnel costs, and reimbursements to board members for travel expenses incurred.

§302A-  Proceedings. The board shall establish procedures for the conduct of proceedings for the consideration of requests filed with the board. In every case to revoke or suspend a certification, the board shall give the person concerned written notice that a request has been filed with the board. The board shall conduct a hearing in conformity with chapter 91, and shall provide for confidentiality of the proceedings to protect the parties. In all proceedings before it, the board may administer oaths, compel the attendance of witnesses and production of documentary evidence, and examine witnesses. In case of disobedience by any person to any order of the board or to any subpoena issued by the board, or the refusal of any witness to testify to any matter that the person may be questioned lawfully, any circuit judge, on application of the board or a member thereof, shall compel obedience in the case of disobedience of the requirements of a subpoena issued by a circuit court or a refusal to testify.

§302A-   Appeals. (a) Any applicant who has been refused a certification, or any certified individual whose certification has been suspended or revoked, shall have the right to appeal the board's decision to the circuit court of the circuit in which the applicant or certified individual resides in the manner provided in chapter 91; provided that out-of-state resident applicants shall file their appeals in the first circuit court.

(b) Upon revocation of a certification, the board may disclose the name, birthdate, social security number, and any other pertinent information about the former holder of the certification:

(1) To the department; and

(2) For the purpose of exchanging information under chapter 315 with other national or state teacher certification agencies about school personnel who have had certifications revoked.

(c) The board shall not renew or reinstate, or shall deny or suspend any certification or application, if the board has received certification from an administering entity pursuant to chapter 436C that the certified individual or applicant is in default or breach of any obligation under any student loan, student loan repayment contract, or scholarship contract that financed the certified individual's or applicant's education, or has failed to comply with a repayment plan.

The board in receipt of a certification pursuant to chapter 436C shall, as applicable, and without further review or hearing:

(1) Suspend the certification;

(2) Deny the application or request for renewal of the certification; or

(3) Deny the request for reinstatement of the certification,

and unless otherwise provided by law, shall renew, reinstate, or grant the certification only upon receipt of an authorization from the administering entity.

§302A-  Penalties. Any person who engages in the profession of educational administration in a public or private school in Hawaii without first being issued a certification or hired on an emergency basis as defined in this chapter shall be fined not more than $500. Any person who knowingly or intentionally violates this subpart by employing an individual as an educational officer who does not possess a valid certification or is not a department of education emergency hire as defined in this chapter may be fined not more than $500. All fines shall be deposited into the Hawaii administrator standards board special fund."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for the purposes of hiring one full-time position within the department of education to coordinate efforts to implement Act 249, Session Laws of Hawaii 2002.

SECTION 4. The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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