Report Title:

DOE; Teacher Shortage; Exceptional Hires; Alternative Licensing; Tax Credit

Description:

Allows the department to hire professionals as exceptional teachers. Authorizes alternative routes to licensing based on performance-based standards and experience. Permits businesses to allow DOE professional employees to work in the DOE by offering an annual tax credit equivalent to two per cent of their employee's annual salary.

 

THE SENATE

S.B. NO.

3112

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to teachers.

 

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

SECTION 1. The legislature finds that there exists a tremendous amount of expertise in the professional world that could be utilized to relieve the teacher shortage in public schools. Although this could entail a professional becoming a full-time licensed teacher or full-time emergency hire, it could also entail a professional teaching in a part-time capacity on an as-needed basis. The legislature further finds that the department has had limited success in creating the kinds of public-private partnerships and outreach efforts that would enable them to tap this source of exceptional teachers.

In its 2004 report to the governor, the Hawaii workforce development council recommended as a priority action to "solve teacher shortages by honoring the credentials of people qualified in subject areas; e.g. hire professionals with degrees in a subject if they want to become full time teachers; employers release employees to teach part-time."

The purpose of this Act is to:

(1) Allow the department to hire professionals as exceptional teachers;

(2) Authorize alternative routes to licensing based on performance-based standards congruent with professional experience;

(3) Give an incentive to businesses to allow their professional employees to work part-time in the department of education by offering them an annual tax credit equivalent to two per cent of their employee's annual salary.

SECTION 2. Section 302A-602, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Beginning with the 2002-2003 school year, the department may employ unlicensed individuals as emergency hires or exceptional hires pursuant to sections 302A-801 to 302A-808[.]; provided that full-time exceptional hires shall have a college degree from an accredited college or university in a subject appropriate to the course they will teach in the department, and full-time and part-time hires shall have adequate professional experience in or utilizing the skills of the course they will teach in the department, as determined by the department."

SECTION 3. Section 302A-802, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In the development of its standards, the board shall consider the existing teacher 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 teacher training programs. The board shall also consider alternative routes to licensing, such as national teacher examinations and performance-based standards congruent with professional experience that certify competency in subject areas or programs taught in the public schools."

SECTION 4. Section 302A-804, Hawaii Revised Statutes, is amended to read as follows:

"302A-804 Powers and duties of the department. The department shall retain all of its rights and powers except for the authority provided to the board under this subpart. The department's powers and duties under this subpart shall be limited to:

(1) Hiring, except in emergency and exceptional situations as described in this chapter, licensed teachers to teach in their fields of licensing;

(2) Reporting data annually to the board about the supply of, and demand for, teachers, including the identification of shortage areas, out-of-field teaching assignments, numbers of teachers teaching out-of-field, numbers and types of courses and classes taught by out-of-field teachers, and numbers and types of students taught by out-of-field teachers;

(3) On an emergency and case-by-case basis, hiring unlicensed individuals; provided that:

(A) A list of the names, work sites, teaching assignments, and progress toward licensing of these individuals shall be reported to the board and any changes shall be updated on a monthly basis by the department;

(B) There are no properly licensed teachers for the specific assignments for which the individuals are being hired; and

(C) No individual may be employed by the department on an emergency basis for more than four years. During this time the individual must demonstrate active pursuit of licensing in each year of employment;

(4) On an exceptional and case-by-case basis, hiring unlicensed individuals; provided that:

(A) A list of the names, work sites, and teaching assignments shall be reported to the board and any changes shall be updated on a monthly basis by the department; and

(B) There are no properly licensed teachers for the specific assignments for which the individuals are being hired;

[(4)] (5) Submitting an annual report to the board documenting:

(A) The number of emergency hires by subject matter areas and by schools;

(B) The reasons and duration of employment for the emergency hiring enumerated in subparagraph (A);

(C) Individual progress toward licensing; and

(D) The department's efforts to address the shortages described in subparagraph (A); and

[(5)] (6) Providing any other information requested by the board that is pertinent to its powers and duties."

SECTION 5. Section 302A-805, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Beginning July 1, 2002, all new licenses shall be issued by the board. No person shall serve as a half-time or full-time teacher in a public school without first having obtained a license from the board under this subpart. All licenses issued by the board shall be valid only for the fields specified on the licenses and shall be renewable every five years if the individual continues to:

(1) Satisfy the board's licensing standards;

(2) Show evidence of successful teaching in the previous five years; and

(3) Satisfy the board's requirements for renewal of licenses.

Teachers whose licenses expire on June 30, 2002, or June 30, 2003, shall be granted an automatic extension of two years. No person shall be issued a license or teach on an exceptional basis or emergency basis in the public schools without having first paid the fees established by the board in accordance with chapter 91."

SECTION 6. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"235-   Exceptional hire; tax credit program. (a) There is established in the department an exceptional hire tax credit program which shall provide a tax credit for businesses whose employees are hired as exceptional hires under section 302A-804.

(b) Each individual or corporate resident taxpayer that files an individual or corporate net income tax return for a taxable year may claim a tax credit under this section against the Hawaii state individual or corporate net income tax. The tax credit may be claimed for two per cent of the annual salary of any of their employees hired as an exceptional hire by the department of education during any taxable year after December 31, 2004.

(c) The director of taxation shall prepare any forms that may be necessary to claim a tax credit under this section. The director may also require the taxpayer to furnish reasonable information, including but not limited to an appraisal estimated by a licensed appraiser, to ascertain the validity of the claim for credit made under this section and may adopt rules necessary to effectuate the purposes of this section pursuant to chapter 91."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval; provided that section 6 shall apply to taxable years beginning after December 31, 2004.

INTRODUCED BY:

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