Report Title:

Charter Schools; Employee Rights;

Description:

Clarifies that a teacher from a new century charter school who transfers to a public school shall not be considered a new teacher of the Department of Education (DOE). Establishes that civil service employees of a new century conversion charter school shall retain their civil service status in the DOE's civil service system and shall be entitled to all rights and benefits as other civil service employees employed by DOE. (HB3098 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

3098

TWENTY-THIRD LEGISLATURE, 2006

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to charter schools.

 

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

SECTION 1. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) 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; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a local school board of a charter school;

(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, 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 bargaining 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;

(17) Employee of the Hawaii national guard youth challenge academy; or

(18) Employees of the office of elections."

SECTION 2. Section 302A-607, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-607[]] Probationary period of employment. (a) All teachers, principals, and vice-principals entering the service of the department for the first time shall serve as probationary employees of the department, except as provided for in subsection (c), for a minimum period of two consecutive years; provided that:

(1) The consecutive employment may be interrupted by maternity leave, sick leave, or any other leave approved by the department not exceeding a period of three years; by military leave not exceeding a period of five years; or by termination or nonrenewal of the probationary employment contract because of decrease in the number of pupils or for causes over which the department has no control, the period between employment not to exceed five years, without loss of credit for the period of probationary employment; and

(2) At or prior to the end of two years of probation, the department may extend the probationary period of a teacher, principal, or vice-principal for additional periods not to exceed a total of five years.

(b) Any full-time intern teaching period served in the State shall be credited toward fulfillment of the probationary period. Any annual contract with any teacher, principal, or vice-principal during this probationary period of employment may or may not be renewed as the department shall determine. The department, during the probationary period, may discharge or demote a teacher, principal, or vice-principal.

(c) If a teacher from a new century charter school who:

(1) Possesses the minimum period of two consecutive years of service;

(2) Was subject to an employment interruption identical to the terms of subsection (a)(1), but who has successfully completed a total of two years of service as a teacher at a new century charter school; or

(3) Was not placed on an extended probationary period identical to the terms of subsection (a)(2),

and transfers to a public school, the teacher's tenure shall be recognized and the teacher shall not be considered a new teacher of the department of education and subject to the probationary requirements of subsection (a); provided that the employee being transferred is licensed to teach in Hawaii."

SECTION 3. Section 302A-1184, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Civil service employees of department of education schools shall retain their civil service status upon the conversion of their school to a new century conversion charter school. Positions in a new century conversion charter school that would be civil service in a department of education public school shall be civil service positions and subject to chapter 76. An employee with civil service status at a new century conversion charter school who transfers, is promoted, or takes a voluntary demotion to another civil service position shall be entitled to all of the rights, privileges, and benefits of continuous, uninterrupted civil service. Civil service employees of a new century conversion charter school shall retain their civil service status in the department of education's human resources civil service system and shall be entitled to all rights and benefits as other civil service employees employed by the department of education. Exempt civil service employees as provided in section 76-16(b) of a conversion charter school shall retain their status in the department of education's human resources system for support services personnel and shall be entitled to all rights and benefits as other civil service employees employed by the department of education."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2020; provided that the amendment made to section 86-6(g)(2), Hawaii Revised Statutes, made by this Act shall remain in effect when section 86-6, Hawaii Revised Statutes, is repealed and reenacted on July 1, 2008, pursuant to section 8 of Act 245, Session Laws of Hawaii 2005.