Hawaii Teacher Standards Board; Omnibus
Establishes an advisory committee to provide oversight of the Hawaii teacher standards board and provide the governor with lists of nominees for appointment to the board; requires annual report of the advisory committee to the board of education and the legislature; authorizes the board to hire an executive director; authorizes the Hawaii teacher standards board to suspend its policies, rules, and standards, and determine how it collects license fees (part I); authorizes the Hawaii teacher standards board to coordinate an effort that creates a data interface network to promote the free interchange of information among public and private Hawaii teacher education institutions and the department of education; appropriates funds (part II). Effective 7/1/50. (SD2)
HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the thirteen-member Hawaii teacher standards board is responsible for establishing standards for the issuance and renewal of licenses for teachers; serves as the final adjudicator for appeals relating to licensing, including issuance or nonissuance of licenses, and the suspension, nonrenewal, and revocation of licenses; and approves teacher education programs and the professional development of teachers.
SECTION 2. In 2008, Senate Concurrent Resolution No. 83, S.D. 1, requested the auditor to conduct a study on the appropriate accountability structure for the Hawaii teacher standards board, and to report the findings and recommendations to the 2009 legislature.
The purpose of this part is to:
(1) Respond to the auditor's findings and recommendations by establishing an advisory committee to provide oversight of the Hawaii teacher standards board; and
(2) Authorize the Hawaii teacher standards board to suspend its policies, rules, and standards when required by extenuating circumstances, determine how it collects license fees, and appoint an executive director.
SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Advisory committee for the Hawaii teacher standards board; established. (a) There is established the advisory committee for the Hawaii teacher standards board to provide oversight of the Hawaii teacher standards board. The advisory committee shall consist of seven members to be appointed without regard to section 26-34, with one member representing each of the following:
(1) The Hawaii P-20;
(2) The Hawaii Business Roundtable;
(3) The Society for Human Resource Management Hawaii Chapter;
(4) The workforce development council;
(5) The Hawaii Association of Independent Schools;
(6) A Hawaii recipient of the Milken Educator Award; and
(7) A national board certified Hawaii teacher.
The advisory committee shall be attached to the board of education for administrative purposes.
(b) The advisory committee shall review and evaluate the progress of the Hawaii teacher standards board in meeting its statutory requirements pursuant to chapter 302A, part III, subpart D.
(c) The advisory committee shall present to the governor lists of qualified candidates from which the members of the Hawaii teacher standards board shall be nominated and, by and with the consent of the senate, appointed by the governor. The advisory committee shall establish the criteria for qualifying, screening, and presenting to the governor candidates for membership on the Hawaii teacher standards board; provided that the advisory committee shall adhere to the membership requirements of section 302A-801.
(d) The advisory committee shall present to the board of education a list of qualified candidates for the executive director of the Hawaii teacher standards board and the board of education shall appoint the executive director, pursuant to section 302A-803.
(e) The advisory committee shall submit an annual report to the board of education and to the legislature on the Hawaii teacher standards board operations, including any deficiencies in meeting the requirements of chapter 302A, part III, subpart D."
SECTION 4. Section 302A-801, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Except for the chairperson of the
board of education, the superintendent, and the dean of the college of
education, 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
departments, agencies, and organizations representative of the
constituencies of the] advisory committee for the Hawaii teacher
standards board. To the extent possible, the board membership shall
reflect representation of elementary and secondary school personnel from all
SECTION 5. Section 302A-803, Hawaii Revised Statutes, is amended to read as follows:
"§302A-803 Powers and duties 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, or repealing the 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 teacher 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
, including the collection of fees by means of mandatory payroll
deductions, which shall] and determining the manner by which fees are
collected and subsequently [ be] deposited into the state treasury
and credited to the Hawaii teacher 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 teacher licensing information to schools and operational personnel;
(12) Approving teacher preparation programs;
(13) Administering reciprocity agreements with other states relative to licensing;
(14) Conducting research and development on teacher licensure systems, beginning teacher programs, the assessment of teaching skills, and other related topics;
(15) Participating in efforts relating to teacher
quality issues, conducting professional development related to the board's
standards, and promotion of high teacher standards and accomplished teaching; [
(16) Adopting applicable rules and procedures[
(17) Adopting, amending, repealing, or suspending the policies and standards of the board.
(b) If, in accordance with chapter 92, the board determines, on a case-by-case basis, that extenuating circumstances exist to justify the suspension, the board may temporarily suspend its rules, or any portion thereof. The board shall establish, in accordance with chapter 91, procedures for the suspension of its rules. When determining whether to suspend its rules, the board shall also establish the length of time for which the suspension shall be in effect.
(c) The board, in accordance with chapter 92, may also amend licensing-related fees and set or amend other charges related to the performance of its duties.
(d) The board may employ an executive director, exempt from chapters 76 and 78, who shall be appointed by the board of education pursuant to section 302A- (d)."
SECTION 6. Act 263, Session Laws of Hawaii 2007, is amended by amending section 4 to read as follows:
"SECTION 4. This Act shall take effect on
July 1, 2007[
; provided that on July 1, 2009, section 2 of this Act shall be
repealed and section 302A-803, Hawaii Revised Statutes, shall be reenacted in
the form in which it read on June 30, 2007]."
SECTION 7. The purpose of this part is to authorize the Hawaii teacher standards board to coordinate the creation of a data interface network consisting of teacher education institutions and the department of education in order to support the free interchange of information valuable to all of the participating organizations.
SECTION 8. The Hawaii teacher standards board shall coordinate a data-sharing effort that shall involve technology, functionality, and project management and coordination. The Hawaii teacher standards board shall use simple object access protocol-based web services as the technology base for the interface between its network partners. All parties shall implement simple object access protocol-based web services or install turnkey hardware, software, and communications translation solutions to interface existing systems to the information network without changing those existing systems.
Over the next several months, the participating organizations shall work to agree on a list of transactions that each will be prepared to service and originate. These transactions shall include all information that each participating institution or agency stores in its automated systems, including data from the department of education, that may support teacher licensing, re-licensing, teacher education and hiring, including, but not limited to:
(1) License information for any current licensee, license application information for any applicant;
(2) State-approved teacher education program completion information;
(3) University course completion information for any licensee;
(4) Higher education degree information;
(5) Teacher employment and worksite information; and
(6) Teacher termination, resignation, retirement, or leave status data records.
Based on discussions among all participating organizations, an assessment of available internal resources and additional resources required shall be used to determine the funding needed to implement this Act.
The Hawaii teacher standards board shall submit findings and recommendations to the legislature not later than twenty days before the convening of the regular session of 2010.
SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for the Hawaii teacher standards board to coordinate an effort that creates a data interface network among public and private Hawaii teacher education institutions and the department of education; provided that funds are used or disbursed in consultation with the participating organizations.
The sums appropriated shall be expended by the department of education for the purposes of this part.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2050.