Report Title:

DOE Employees; Probationary Period; Collective Bargaining

 

Description:

Makes subject to a collective bargaining agreement:  the determination of the minimum period of time that teachers, principals, and vice-principals shall serve as probationary employees of the department; crediting toward fulfillment of the probationary period any full-time intern teaching period served in the state; renewing any annual contract with any teacher, principal, or vice-principal during the probationary period; and discharging or demoting a teacher, principal, or vice-principal during the probationary period.  Effective 07/01/2059. (HB2367 HD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2367

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO EDUCATION.

 

 

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

 


     SECTION 1.  During the most recent negotiations for the 2007-2009 bargaining unit (5) collective bargaining agreement, the department of education and Hawaii State Teachers Association, in good faith, reached an agreement on a provision to reduce the probationary period for non-tenured teachers from two consecutive years (four semesters) to one year (two semesters).  Upon reaching a voluntary settlement on the unit (5) contract, the parties discovered that the negotiated provision was in direct conflict with chapter 302A-607, Hawaii Revised Statutes, which requires all new teachers, principals, and vice-principals to serve a minimum probationary period of two consecutive years.

     The purpose of this Act is to provide flexibility in the determination of the minimum period of time that teachers, principals, and vice-principals shall serve as probationary employees of the department, by allowing the determination to be subject to a collective bargaining agreement.

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

     "[[]§302A-607[]]  Probationary period of employment.  (a)  [All] Unless otherwise provided for in a collective bargaining agreement, all teachers, principals, and vice-principals entering the service of the department for the first time shall serve as probationary employees of the department 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] the 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)  Unless otherwise provided for in a collective bargaining agreement,

     (1)  Any full-time intern teaching period served in the [State] state shall be credited toward fulfillment of the probationary period[.];

     (2)  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[.]; and

     (3)  The department, during the probationary period, may discharge or demote a teacher, principal, or vice-principal."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2059.