HB1919

Report Title:

Principals; local district boards

Description:

Removes principals of elementary and secondary public schools from collective bargaining. Allows local district boards to negotiate limited term contracts with principals including performance goals in accordance with standards. Raises salary of principals. Effective January 1, 2004.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	1919
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO PRINCIPALS.

 

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

SECTION 1. The legislature finds that principals of the public school system fulfill supervisory roles and apply management policies. Principals have the capability of guiding their school personnel and students to meet their optimal potential. To do this, principals must be held accountable for the quality of education and the performance of students and teachers under the principal's direct control in the school to which the principal is assigned. Principals should also be given greater authority over the programs in their schools and be given salaries based on merit rather than an arbitrary pay schedule. The purpose of this Act is to remove principals of the department of education from collective bargaining and to enable local school boards to negotiate limited-term contracts with performance goals with the principals, facilitating local control of public education.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Principals; limited term contracts. (a) The local district board shall negotiate limited term contracts with principals of elementary and secondary schools. The term of the contract shall be negotiated between the principal and the local district board. The contract shall contain performance goals agreed to by the local district board and the principal and in accordance with standards promulgated by the state superintendent. In negotiating these contracts, the following principles shall apply:

(1)_ Principals should be given the broadest authority possible to maximize the potential of the school and students;

(2) Principals shall demonstrate commitment to attain progressive levels of high student achievement and school improvement as measured, among other things, by standardized achievement tests;

(3) Principals shall demonstrate achievement-oriented and supportive leadership;

(4) Principals shall utilize effective management strategies to unify staff, build a sense of ownership and commitment to high performance goals; and

(5) Principals shall collaborate with families and community members, responding to diverse community interests and needs, and mobilizing the community.

(b) Principals shall receive either a ten percent raise over the highest scaled salary for a public school teacher or at least a twenty percent pay raise as a result of the enactment of this section."

SECTION 3. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

(1) Nonsupervisory employees in blue collar positions;

(2) Supervisory employees in blue collar positions;

(3) Nonsupervisory employees in white collar positions;

(4) Supervisory employees in white collar positions;

(5) Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;

(6) Educational officers, except principals of public elementary and secondary schools, and other personnel of the department under the same pay schedule;

(7) Faculty of the University of Hawaii and the community college system;

(8) Personnel of the University of Hawaii and the community college system other than faculty;

(9) Registered professional nurses;

(10) Institutional, health, and correctional workers;

(11) Firefighters;

(12) Police officers; and

(13) Professional and scientific employees who cannot be included in the other bargaining units."

SECTION 4. Section 89-6, Hawaii Revised Statutes is amended by amending subsection (f) to read as follows:

"(f) 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;

(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 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; [or]

(16) Staff of the Hawaii labor relations board[.]; or

(17) Principals of public elementary and secondary schools."

SECTION 5. 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 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.

SECTION 6. Section 302A-619, Hawaii Revised Statutes is amended to read as follows:

"[[]§302A-619[]] Classification, educational officers. The board shall classify all educational officer positions of the department, except for principals of elementary and secondary schools, and adopt a classification/compensation plan for these educational officer positions; provided that the classification/compensation plan shall include a classification appeals procedure."

SECTION 8. Section 302A-623, Hawaii Revised Statutes is amended to read as follows:

"[[]§302A-623[]] Salary ranges, educational officers. Salary ranges for educational officer positions of the department, except for principals of elementary and secondary schools, shall be determined by the board based on the position classification/compensation plan approved by the board. Salary ranges for educational officer positions, except for principals of elementary and secondary schools, shall be subject to the requirements of sections 302A-625 and 302A-626."

SECTION 7. Section 302A-625, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-625[]] Educational officers' salary schedules. (a) The salary schedule for all educational officers, except principals of elementary and secondary schools of the department shall be negotiated pursuant to section 89-9.

(b) Any [principal,] vice-principal, or other educational officer on a ten-month work year must earn at least six credits within a three-year cycle in order to receive an increment or longevity step increase in the third year of the three-year cycle."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on January 1, 2004.

 

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