Report Title:

Government; Substitute Teachers

Description:

Endows the legislature with the sole authority to establish the wage classifications for substitute teachers for the 2005-2006 fiscal year; makes an appropriation that may be used, if necessary, to department of education to settle two pending lawsuits brought by substitute teachers against the department of education for unpaid wages. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

875

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

S.D. 2


 

A BILL FOR AN ACT

 

Relating to government.

 

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

SECTION 1. The legislature finds that there are two pending lawsuits against the department of education entitled Garner v. Department of Education and Kliternick v. Hamamoto, both of which involve disputes between the department of education and substitute teachers over allegations of unpaid wages.

In light of these two lawsuits, the legislature finds that it is necessary to address the issue of substitute teacher pay. Accordingly, the legislature determines that it should be the state entity responsible for setting wage classifications of substitute teachers for the 2005-2006 fiscal year. Further, this measure appropriates funds that the department of education may use, if appropriate, for settling these two lawsuits.

SECTION 2. Wages for a substitute teacher shall be based on the substitute teacher's classification, established below:

(1) Substitute teacher III: Covers certified teachers or those persons deemed by the department to be highly qualified;

(2) Substitute teacher II: Covers persons with a bachelors degree from an accredited institute of higher education; and

(3) Substitute teacher I: All other individuals.

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 2005-2006, for the purposes of this Act.

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 This Act shall take effect on July 1, 2050; provided that section 2 shall be repealed on June 30, 2006.