HB2284 HD1

SECTION 1. The legislature finds that olelo Hawaii, the Hawaiian language, has been the native language of Hawaii's indigenous people for more than two thousand years and has provided the foundation for the establishment and development of Hawaiian society including government, education, sciences, trades, and arts. During the Hawaiian Kingdom period of 1795 to 1893, the Hawaiian language thrived. In 1825, under the direction of Moi Liholiho Kamehameha II and Native Hawaiian scholars, missionaries devised a Hawaiian orthography, and literacy among Hawaiians, in Hawaiian, spread rapidly, reaching a ninety-five per cent literacy rate by 1834. In the 1840s, Moi Kauikeaouli Kamehameha III used Hawaiian language to transform the Hawaiian Kingdom into a constitutional monarchy, establishing public systems for education, the judiciary, law enforcement, and health. However, by the latter half of the twentieth century, olelo Hawaii was pushed to the brink of extinction by many factors. One of these factors was Act 57, a law passed by the newly formed Republic of Hawaii in 1896, three years after the 1893 United States-backed overthrow of the Kingdom of Hawaii. Act 57 declared an English only law over Hawaii's public schools, prohibiting the use of Hawaiian as a medium of instruction. Hawaiian was excluded from Hawaii's public schools for the next ninety years until the law was reversed by the enactment of Act 47, Session Laws of Hawaii 1986. During that time, the number of Hawaiian language speakers had been reduced from nearly forty thousand in 1896 to a mere two thousand in 1978. In 1978, the Constitution of the State of Hawaii was amended to include article X, section 4, which requires the State to promote the study of Hawaiian culture, history, and language; and article XV, section 4, which states that English and Hawaiian shall be the official languages of Hawaii, reaffirming the State of Hawaii's constitutional responsibility.

The legislature believes that several historic initiatives, including the Ka Papahana Kaiapuni (the Hawaiian language immersion program) established under board of education policy 105-8 in 1986, helped to revitalize Hawaii's native language and create new generations of Hawaiian language speakers. As a result of the Punana Leo pre-schools, Hawaiian immersion schools, and University of Hawaii programs, the number of Hawaiian language speakers grew to nearly eight thousand by 1990, four times the estimated number of 1978.

The legislature further finds that the Hawaiian immersion program is intended to provide students with Hawaiian bicultural and bilingual education. The program contributes to the normalization of the Hawaiian language and culture, and offers quality education through the medium of the Hawaiian language. The comprehensive program combines the use of Hawaiian teaching methodologies, language, history, culture, and values to prepare students for college, careers, and to be community contributors within a multicultural society. Today, the State supports twenty-seven Hawaiian immersion public schools under the department of education and six public charter schools, educating more than three thousand three hundred students and employing approximately one hundred eighty teachers statewide.

The legislature also finds that despite the many successes of the Hawaiian immersion program, and the mandatory goals enumerated in board of education policy 105-8, a longstanding issue that continues to impede the success and growth of Hawaiian immersion schools is the shortage of qualified teachers, including the lack of Hawaiian immersion special education service providers. The aha kauleo kaiapuni Hawaii, the advisory board to the department of education via the office of Hawaiian education to guide and support Hawaiian immersion schools, has taken and continues to take a proactive approach for the development and growth of Hawaiian immersion schools.

The legislature believes that the coronavirus disease 2019 pandemic has disparately impacted students in Hawaiian immersion schools in terms of educational attainment and adverse childhood experiences, and has underscored the need for qualified Hawaiian immersion teachers. In particular, as the pandemic forced students to utilize distance learning, Hawaiian immersion students experienced unique challenges compared to those of students in English programs, due to the lack of availability and accessibility to Hawaiian immersion teachers and resources.

The legislature further finds that the shortage of Hawaiian immersion teachers has reached a crucial point in the last decade. Approximately fifty Hawaiian immersion teacher vacancies were advertised this year and another thirty positions will be needed to address school growth. Equitable distribution of resources, particularly with the grow our own initiative, will provide much-needed and sustained funding to meet Hawaiian immersion teacher shortages. Equitable distribution of resources will also facilitate the State of Hawaii in meeting its obligation under the Hawaii State Constitution, article X, section 4, to provide access to Hawaiian education programs consisting of language, culture, and history in the public schools, and the department of education's goals towards equity.

The purpose of this Act is to codify the grow our own teacher initiative and give preference to teachers who teach in Hawaiian immersion schools, to further meet the intent of board of education policy 105-8 relating to Kaiapuni (Hawaiian immersion) education and aid implementation of the state constitutional requirement that the State make all reasonable efforts to provide access to Hawaiian immersion education.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to part III, subpart B, to be appropriately designated and to read as follows:

"§302A-A Hawaii teacher stipend program. (a) There is established the Hawaii teacher stipend program to be administered by the department to address the shortfall of licensed teachers in the department's schools, especially in Hawaiian immersion and identified shortage area schools.

(b) A University of Hawaii system student shall be eligible for stipend consideration if the student:

(1) Is enrolled in a state approved teacher education program at a University of Hawaii campus; and

(2) Is a bona fide resident of the State, for tuition purposes, at the time of admission to the university.

Preference for a stipend shall be given to students who commit to teach in a Hawaiian immersion school.

(c) Stipend recipients shall teach in the Hawaii public school system for five consecutive years immediately following completion of a state-approved teacher education program. If the recipient fails to complete the state approved teacher education program or satisfy the teaching requirement within the designated number of years, stipend funds shall be repaid as follows:

(1) For each year less than the designated number of years that a stipend recipient does not teach in the Hawaii public school system, the recipient shall repay a proportionate percentage of the total stipend funds received; and

(2) The department shall set the terms and conditions for stipend repayment, including circumstances under which recipients may be eligible for deferment or forgiveness due to hardship or inability to secure employment.

(d) The department may adopt rules pursuant to chapter 91 to implement and administer the stipend program.

(e) Moneys repaid by stipend recipients pursuant to subsection (c) shall be deposited in the Hawaii teacher stipend program special fund established under section 302A-B.

§302A-B Hawaii teacher stipend program specia1 fund. (a) There is established the Hawaii teacher stipend program special fund, into which shall be deposited legislative appropriations and all moneys received as repayment from students due to a breach in contractual agreements under the Hawaii teacher stipend program established under section 302A-A.

(b) The special fund shall be administered by the department to provide ongoing funding of stipends to students in the Hawaii teacher stipend program, or any successor programs, and related costs."

SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§302D-A Hawaii charter school teacher stipend program. (a) There is established the Hawaii charter school teacher stipend program to be administered by the commission to address the shortfall of licensed teachers in public charter schools, especially in Hawaiian immersion and identified shortage area schools.

(b) A University of Hawaii system student shall be eligible for stipend consideration if the student:

(1) Is enrolled in a state approved teacher education program at a University of Hawaii campus; and

(2) Is a bona fide resident of the State, for tuition purposes, at the time of admission to the university.

Preference for a stipend shall be given to students who commit to teach in a Hawaiian immersion school.

(c) Stipend recipients shall teach in a public charter school of the State for five consecutive years immediately following completion of a state-approved teacher education program. If the recipient fails to complete the state approved teacher education program or satisfy the teaching requirement within the designated number of years, stipend funds shall be repaid as follows:

(1) For each year less than the designated number of years that a stipend recipient does not teach in a public charter school of the State, the recipient shall repay a proportionate percentage of the total stipend funds received; and

(2) The commission shall set the terms and conditions for stipend repayment, including circumstances under which recipients may be eligible for deferment or forgiveness due to hardship or inability to secure employment.

(d) The commission may adopt rules pursuant to chapter 91 to implement and administer the stipend program.

(e) Moneys repaid by stipend recipients pursuant to subsection (c) shall be deposited in the Hawaii teacher stipend program special fund established under section 302D-B.

§302D-B Hawaii charter school teacher stipend program specia1 fund. (a) There is established the Hawaii charter school teacher stipend program special fund, into which shall be deposited legislative appropriations and all moneys received as repayment from students due to a breach in contractual agreements under the Hawaii charter school teacher stipend program established under section 302D-A.

(b) The special fund shall be administered by the commission to provide ongoing funding of stipends to students in the Hawaii charter school teacher stipend program, or any successor programs, and related costs."

SECTION 4. 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 2022-2023 to be deposited into the Hawaii teacher stipend program special fund.

SECTION 5. 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 2022-2023 for the establishment and implementation of the Hawaii teacher stipend program.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 6. 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 2022-2023 to be deposited into the Hawaii charter school teacher stipend program special fund.

SECTION 7. 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 2022-2023 for the establishment and implementation of the Hawaii charter school teacher stipend program.

The sum appropriated shall be expended by the state public charter school commission for the purposes of this Act.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	2284
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII