Report Title:

DOE; Educational Administrators; Hawaii Administrator Standards Board

Description:

Establishes the Hawaii administrator standards board. (SD1)

THE SENATE

S.B. NO.

2428

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

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 education 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 the 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 education administrators 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 education administrators, there is also a need to balance these concerns with:

(1) Adherence to a positive national trend towards the professionalization of education administrators 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 licensing 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:

(1) Five licensed education administrators regularly engaged in education administration, appointed by the governor, provided that initially:

(A) Two members shall serve three-year terms;

(B) Two members shall serve two-year terms; and

(C) One member shall serve a one-year term.

(2) The chairperson of the board of education, or the chairperson's designee;

(3) The superintendent, or the superintendent's designee;

(4) An active faculty member of a university-level education administration training program, appointed by the dean of the University of Hawaii college of education, who shall serve a three-year term; and

(5) A representative of the community, appointed by the governor, who shall serve a three-year term.

Appointed board members shall serve not more than three consecutive three-year terms. The initial terms of the members shall commence after June 30, 2005.

(b) Except for the members 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 education administrators from all islands.

(c) 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.

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

§302A-   Licensing standards. (a) The board shall establish licensing standards that govern educational administrator licensure in public 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 education administrator 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 licensure.

§302A-   Powers of the board. (a) In addition to establishing standards for the issuance and renewal of licenses 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 education administrator 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 licensing 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 licenses;

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

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

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

(12) Approving administrator preparation programs;

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

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

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

(16) Adopting applicable rules and procedures.

(b) The board shall be responsible for approving education administration education programs that meet the standards established by the board. The board may engage in efforts relating to the improvement of instruction through education administration education and professional development, and to attract qualified candidates for education administration 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 license, 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 license, or any licensed individual whose license 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 licensed 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 license, the board may disclose the name, birth date, social security number, and any other pertinent information about the former holder of the license:

(1) To the department; and

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

(c) The board shall not renew or reinstate, or shall deny or suspend any license or application, if the board has received licensure from an administering entity pursuant to chapter 436C that the licensed 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 licensed individual's or applicant's education, or has failed to comply with a repayment plan.

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

(1) Suspend the license;

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

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

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

§302A-   Penalties. Any person who engages in the profession of education administration in a public or private school in Hawaii without first being issued a license 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 part by employing an individual as an education administrator who does not possess a valid license or is not a department of education emergency hire as defined in section 302A-605 may be fined not more than $500. All fines shall be deposited into the Hawaii administrator standards board special fund."

SECTION 3. Section 302A-605, Hawaii Revised Statutes, is amended to read as follows:

"§302A-605 Principals and vice-principals. (a) Principals shall meet the [department's certification] Hawaii administrator standards board licensing requirements and shall have not less than five years of appropriate school-level experience of which at least three years shall have been as a teacher.

(b) Vice-principals shall meet the [department's certification] Hawaii administrator standards board licensing requirements and shall have appropriate school-level experience as determined by the department.

(c) On a case-by-case basis, the department may waive the [certification] licensing requirements and school-level experience for vice-principal candidates with appropriate administrative experience[.] to make an emergency hire. The department shall establish criteria and reasons for waivers pursuant to chapter 91."

SECTION 4. 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 5. The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 6. This Act shall take effect upon its approval, provided that section 2 shall not take effect until the initial terms of the members of the Hawaii administrator standards board provided for by section 2 have commenced.