HB2593

Report Title:

College of Hawaiian Language; Local Educational Agency; UHH

Description:

Allows the board of regents of the UOH to operate new century charter schools that use the Hawaiian language as their primary medium of education in order to establish the basis for a laboratory school program in the college of Hawaiian language.

HOUSE OF REPRESENTATIVES	H.B. NO.	2593
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

relating to education.

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

Part I

SECTION 1. The legislature finds that:

(1) The college of Hawaiian language was established at the University of Hawaii at Hilo to serve as a focal point for a statewide effort to revitalize the Hawaiian language for all the people of Hawaii through the use and study of the language;

(2) The college of Hawaiian language is presently the only government agency of statewide reach in Hawaii that uses Hawaiian as its primary language of operation;

(3) The functions of the college of Hawaiian language should include the establishment of a laboratory school program to train prospective public school teachers and administrators;

(4) The college of Hawaiian language and its laboratory school program should enter into an agreement with the department of education to promote the use of the Hawaiian language as a medium of education; and

(5) The informal, cooperative relationship between the college of Hawaiian language and the nonprofit group Aha Punana Leo, Incorporated are valuable to the State of Hawaii and should be formalized.

SECTION 2. The legislature finds and declares that the establishment of the college of Hawaiian language at the University of Hawaii at Hilo, and the establishment of the laboratory school program within the college of Hawaiian language, as set forth in this Act, is a law of statewide concern.

Part II

SECTION 3. Chapter 304, Hawaii Revised Statutes, is amended by adding a new section to part II, subpart O to be appropriately designated and to read as follows:

"§304- Operation of new century charter schools; laboratory school program. (a) Notwithstanding chapter 302A to the contrary, the board of regents may operate new century charter schools that use the Hawaiian language as their primary medium of education in order to establish the basis for a laboratory school program in the college of Hawaiian language.

(b) The purpose of the laboratory school program shall include:

(1) The training of prospective public school teachers and administrators in one or more of the following areas: Hawaiian language, Hawaiian immersion, and Hawaiian studies; and

(2) Serving as an experimental base for the development of teaching techniques and methods, and the conduct of research related to education, in the Hawaiian language.

(c) This section shall not be construed to give the board of regents the power to approve or discontinue a new century charter school. The power to approve or discontinue a new century charter school shall be reserved to the board of education.

(d) The procurement of services and goods by the laboratory school program from not-for-profit Hawaii corporations shall be exempt from the requirements of chapter 103D if these corporations use the Hawaiian language as their primary medium for conducting business.

(e) Hawaii interscholastic athletic associations funded in whole or in part with public funds shall allow the laboratory school program to join the associations and participate in association activities to the same extent that nonpublic schools are allowed to join the associations and participate in association activities.

(f) The laboratory school program may contract with the department of education or form an educational service agency comprised of all its new century charter schools to ensure the provision of a free appropriate public education, including special education and related services, to eligible students with disabilities.

(g) For the purposes of this section, the term "new century charter school" means a school established by and operated under the authority of the board of education pursuant to chapter 302A."

Part III

SECTION 4. Act 259, Session Laws of Hawaii 2001, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"EDUCATION

SECTION 54A. Provided that of the general fund appropriation for school-based budgeting (EDN100) for fiscal year 2002-2003, the sum of $ or $ per pupil, whichever is less, shall be transferred to University of Hawaii, Hilo (UOH210) in order to allow the university to establish the basis for a laboratory school program, the purpose of which shall include:

(1) The training of prospective public school teachers and administrators in one or more of the following areas: Hawaiian language, Hawaiian immersion, and Hawaiian studies; and

(2) Serving as an experimental base for the development of teaching techniques and methods, and the conduct of research related to education, in the Hawaiian language.

SECTION 54B. Provided that of the general fund appropriation for comprehensive school support services (EDN150) for fiscal year 2002-2003, the sum of $ or $ per pupil, whichever is less, shall be transferred to University of Hawaii, Hilo (UOH210) in order to allow the university to establish the basis for a laboratory school program, the purpose of which shall include:

(1) The training of prospective public school teachers and administrators in one or more of the following areas: Hawaiian language, Hawaiian immersion, and Hawaiian studies; and

(2) Serving as an experimental base for the development of teaching techniques and methods, and the conduct of research related to education, in the Hawaiian language.

SECTION 54C. Provided that of the general fund appropriation for instructional support (EDN200) for fiscal year 2002-2003, the sum of $ or $ per pupil, whichever is less, shall be transferred to University of Hawaii, Hilo (UOH210) in order to allow the university to establish the basis for a laboratory school program, the purpose of which shall include:

(1) The training of prospective public school teachers and administrators in one or more of the following areas: Hawaiian language, Hawaiian immersion, and Hawaiian studies; and

(2) Serving as an experimental base for the development of teaching techniques and methods, and the conduct of research related to education, in the Hawaiian language.

SECTION 54D. Provided that of the general fund appropriation for state and district administration (EDN300) for fiscal year 2002-2003, the sum of $ or $ per pupil, whichever is less, shall be transferred to University of Hawaii, Hilo (UOH210) in order to allow the university to establish the basis for a laboratory school program, the purpose of which shall include:

(1) The training of prospective public school teachers and administrators in one or more of the following areas: Hawaiian language, Hawaiian immersion, and Hawaiian studies; and

(2) Serving as an experimental base for the development of teaching techniques and methods, and the conduct of research related to education, in the Hawaiian language.

SECTION 54E. Provided that of the general fund appropriation for school support (EDN400) for fiscal year 2002-2003, the sum of $ or $ per pupil, whichever is less, shall be transferred to University of Hawaii, Hilo (UOH210) in order to allow the university to establish the basis for a laboratory school program, the purpose of which shall include:

(1) The training of prospective public school teachers and administrators in one or more of the following areas: Hawaiian language, Hawaiian immersion, and Hawaiian studies; and

(2) Serving as an experimental base for the development of teaching techniques and methods, and the conduct of research related to education, in the Hawaiian language.

SECTION 54F. Provided that of the general fund appropriation for school community service (EDN500) for fiscal year 2002-2003, the sum of $ or $ per pupil, whichever is less, shall be transferred to University of Hawaii, Hilo (UOH210) in order to allow the university to establish the basis for a laboratory school program, the purpose of which shall include:

(1) The training of prospective public school teachers and administrators in one or more of the following areas: Hawaiian language, Hawaiian immersion, and Hawaiian studies; and

(2) Serving as an experimental base for the development of teaching techniques and methods, and the conduct of research related to education, in the Hawaiian language."

Part IV

SECTION 5. 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 and the college of Hawaiian language laboratory school program at the University of Hawaii at Hilo under the same salary 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 and other personnel of the department of education and the college of Hawaiian language laboratory school program at the University of Hawaii at Hilo under the same salary schedule;

(7) Faculty of the University of Hawaii and the community college system[;], other than faculty of the college of Hawaiian language laboratory school program at the University of Hawaii at Hilo;

(8) Personnel of the University of Hawaii and the community college system, other than faculty[;] of the university and community colleges, and personnel of the college of Hawaiian language laboratory school program at the University of Hawaii at Hilo;

(9) Registered professional nurses;

(10) Institutional, health, and correctional workers;

(11) Firefighters;

(12) Police officers; and

(13) Professional and scientific employees, other than registered professional nurses.

Because of the nature of work involved and the essentiality of certain occupations that require specialized training, units (9) through (13) are designated as optional appropriate bargaining units. Employees in any of these optional units may vote either for separate units or for inclusion in their respective units (1) through (4). If a majority of the employees in any optional unit desire to constitute a separate appropriate bargaining unit, supervisory employees may be included in the unit by mutual agreement among supervisory and nonsupervisory employees within the unit; if supervisory employees are excluded, the appropriate bargaining unit for these supervisory employees shall be (2) or (4), as the case may be.

The compensation plans for blue-collar positions pursuant to section 77-5 and for white-collar positions pursuant to section 77-13, the salary schedules for teachers pursuant to section 302A-624 and for educational officers pursuant to section 302A-625, and the appointment and classification of faculty pursuant to sections 304-11 and 304-13, existing on July 1, 1970, shall be the bases for differentiating blue-collar from white-collar employees, professional from institutional, health and correctional workers, supervisory from nonsupervisory employees, teachers from educational officers, and faculty from nonfaculty. In differentiating supervisory from nonsupervisory employees, class titles alone shall not be the basis for determination, but, in addition, the nature of the work, including whether or not a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall also be considered."

SECTION 6. Act 253, Session Laws of Hawaii 2000, section 96, is amended by amending subsection (a) of section 89-6, Hawaii Revised Statutes, 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 and the college of Hawaiian language laboratory school program at the University of Hawaii at Hilo 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;

(7) Faculty of the University of Hawaii and the community college system[;], other than faculty of the college of Hawaiian language laboratory school program at the University of Hawaii at Hilo;

(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 any of the other bargaining units."

SECTION 7. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part III, subpart D, to be appropriately designated and to read as follows:

"§302A- Applicability to laboratory school program. This subpart shall not apply to teachers and other personnel of the college of Hawaiian language laboratory school program at the University of Hawaii at Hilo 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; provided that this section shall not be construed to prohibit teachers and other personnel of the college of Hawaiian language laboratory school program at the University of Hawaii at Hilo from being licensed by the Hawaii teacher standards board if they meet the requirements for licensure established by the board pursuant to this subpart."

SECTION 8. Section 302A-605, Hawaii Revised Statutes, is amended to read as follows:

"§302A-605 Principals and vice-principals. (a) Principals shall meet the department's certification requirements and shall have not less than five years of appropriate school-level experience of which at least three years shall have been as a teacher.

(b) Vice-principals shall meet the department's certification requirements and shall have appropriate school-level experience as determined by the department.

(c) On a case-by-case basis, the department may waive the certification requirements and school-level experience for vice-principal candidates with appropriate administrative experience. The department shall establish criteria and reasons for waivers pursuant to chapter 91.

(d) This section shall not apply to educational officers and other personnel of the college of Hawaiian language laboratory school program at the University of Hawaii at Hilo under the same pay schedule; provided that this section shall not be construed to prohibit educational officers and other personnel of the college of Hawaiian language laboratory school program at the University of Hawaii at Hilo from being certified by the department if they meet the requirements for certification established by the department pursuant to this section."

SECTION 9. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to part IV, subpart D to be appropriately designated and to read as follows:

"§302A- New century charter schools; transfer of public school teachers. (a) The board of education, in accordance with chapter 89, shall negotiate with the exclusive representative of bargaining unit 5 to provide licensed, tenured and probationary public school teachers who transfer to new century charter schools with the benefits described in subsections (b) and (c).

(b) Licensed, tenured public school teachers who transfer to new century charter schools shall:

(1) Continue to earn and accrue service credits as if they were in their regular teaching positions; and

(2) Be placed in the appropriate range/step of the salary schedule as if they had remained in service when they return to the department.

(c) Licensed, probationary public school teachers who transfer to new century charter schools shall be allowed to earn up to four semesters of probationary credit toward tenure; provided that:

(1) Tenure shall be granted only upon a probationary teacher's return to a public school; and

(2) New century charter schools shall not be allowed to grant tenure to probationary public school teachers.

§302A- New century charter schools; transfer of public school educational officers. (a) The board of education, in accordance with chapter 89, shall negotiate with the exclusive representative of bargaining unit 6 to provide certified, tenured and probationary public school educational officers who transfer to new century charter schools with the benefits described in subsections (b) and (c).

(b) Certified, tenured public school educational officers who transfer to new century charter schools shall:

(1) Continue to earn and accrue service credits as if they were in their regular educational officer positions; and

(2) Be placed in the appropriate range/step of the salary schedule as if they had remained in service when they return to the department.

(c) Certified, probationary public school educational officers who transfer to new century charter schools shall be allowed to earn up to four semesters of probationary credit toward tenure; provided that:

(1) Tenure shall be granted only upon a probationary educational officer's return to a public school; and

(2) New century charter schools shall not be allowed to grant tenure to probationary public school educational officers."

Part V

SECTION 10. The attorney general, in consultation with the chairperson of the board of education and the superintendent of education, shall prepare recommended legislation to designate the University of Hawaii, including any campus, college, or program within the university, as a local educational agency in order to establish the basis for a laboratory school program in the college of Hawaiian language at the University of Hawaii at Hilo. The attorney general shall also prepare a report describing the powers and duties of the local educational agency, including its responsibilities and liabilities under federal law.

The attorney general shall submit its recommended legislation and report to the legislature not less than twenty days prior to the convening of the regular session of 2003.

Part VI

SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________