HB2401

PART I

SECTION 1. The legislature finds that delivering a quality education to all of Hawaii's children is essential to advancing economic prosperity. Hawaii's public education programming prepares students with skills that are necessary to succeed in the twenty-first century workforce, think critically about modern social and economic challenges, and become problem-solvers within their communities.

The legislature further finds that teachers are the most important professionals in increasing student achievement. According to numerous studies, however, Hawaii's average teacher salaries are the lowest in the nation when adjusted for cost of living. A 2020 study conducted by APA Consulting, on behalf of the department of education, found that when compared with other high-cost geographic locations, Hawaii teachers are paid $7,700 to $26,000 less than their peers in school districts with similar costs of living, depending on length of service.

The legislature additionally finds that low teacher pay adversely impacts the State's ability to recruit and retain quality classroom leaders. According to the department of education's 2021 strategic plan dynamic report, for the 2021-2022 school year, forty-nine per cent of Hawaii's teachers left the profession within their first five years of service. The report further revealed that the State's teacher shortage currently stands at 886 positions overall, 230 of which are in the content area of special education.

The legislature also finds that during the severe economic recession that began in 2009 and became known as the "Great Recession," funding was eliminated for teacher pay. Failing to pay veteran teachers appropriately is one factor that contributes to increasing numbers of teacher retirements and resignations. According to data from the department of education, four hundred twenty-eight teachers retired during the 2020-2021 school year, a forty-nine per cent increase from the 2019-2020 school year. To ensure that Hawaii's children are able to benefit from experienced educators, it is important to uplift the financial security of veteran teachers by guaranteeing a step raise for every additionally year of public school service.

The legislature also notes that the department of education, in consultation with the Hawaii State Teachers Association, implemented shortage differential pay increases during the 2019-2020 school year to reduce teacher shortages in special education, hard-to-staff, and Hawaiian immersion teaching positions. Instituting differential pay increases led to significant progress in reducing longstanding teacher shortages in high-demand areas. Departmental data show that the percentage of special education teacher vacancies dropped by forty-five per cent during the 2020-2021 school year, with forty-three per cent more teachers choosing to move into a special education teaching line than the year before. The number of teachers choosing to work in hard-to-fill positions in rural or remote areas increased by fifty-two per cent over the same time period, while the number of Hawaiian immersion teachers increased by seven per cent. Providing shortage differential pay increases in future years is critical to strengthening the State's efforts to recruit and retain high quality educators for disadvantaged and high-needs student populations.

Further, the legislature believes that it is important to offer teachers adequate time to prepare lessons and collaborate with colleagues to meet the needs of their students. According to a report published by the Stanford Center for Opportunity Policy in Education, entitled "How High-Achieving Countries Develop Great Teachers," educators in the Untied States spend three to five hours per week of work time on lesson planning. In contrast, researchers found that teachers working in nations that excel on international achievement exams spend an average of fifteen to twenty-five hours per week on lesson planning. As the National Education Association contends, expanding the amount of times that public school teachers are given for planning, preparation, and collaboration allows for the sharing of best practices, development of instructional plans that meet the unique needs of differentiated student groups, and formation of cohesive learning communities.

The legislature believes that the foregoing adjustments are aligned with characteristics found in some of the world's highest performing school systems.

The purpose of this Act is to strengthen the quality of education delivered to Hawaii's children by:

(1) Guaranteeing shortage differential pay for teachers working in special education, hard-to-staff locations, and Hawaiian immersion positions;

(2) Providing automatic step increases in teacher salaries for each year of satisfactory service completed by public school teachers; and

(3) Increasing the amount of time available to teachers for collaboration, preparation, and planning time.

PART II

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

"§302A- Shortage differential salary incentive program. (a) There is established within the department the shortage differential salary incentive program to support licensed teachers who provide instruction in special education, Hawaiian immersion, and hard-to-staff locations.

(b) The shortage differential salary incentive program shall provide:

(1) A $10,000 annual shortage differential for each teacher who possesses a valid provisional, standard, or advanced license issued by the Hawaii teacher standards board in the subject area of special education and is assigned to a school-level instructional special education position;

(2) An $8,000 annual shortage differential for each teacher who possesses a valid provisional, standard, or advanced license issued by the Hawaii teacher standards board in the subject area of Hawaiian language immersion or Kaia‘ōlelo-Kaiapuni Hawaii, or who has been deemed fluent in the Hawaiian language, and is assigned to a school-level instructional position identified as being a part of the Hawaiian language immersion program;

(3) A $3,000 annual shortage differential for each public school teacher who possesses a valid provisional, standard, or advanced license issued by the Hawaii teacher standards board, regardless of subject area, and is currently assigned to a school-level position at a school identified as hard-to-staff location in a collective bargaining agreement negotiated with bargaining unit (5), whether in a classroom or certificated support personnel position; provided that the teacher meets no more than one of the criteria contained in subsection (c);

(4) A $5,000 annual shortage differential for each teacher who possesses a valid provisional, standard, or advanced license issued by the Hawaii teacher standards board, regardless of subject area, and is currently assigned to a school-level position, whether in a classroom or certificated support personnel position; provided that the teacher meets two of the criteria contained in subsection (c);

(5) A $7,500 annual shortage differential for each teacher who possesses a valid provisional, standard, or advanced license issued by the Hawaii teacher standards board, regardless of subject area, and is currently assigned to a school-level position, whether in a classroom or certificated support personnel position; provided that the teacher meets three of the criteria contained in subsection (c); and

(6) A $5,000 annual shortage differential for each teacher who possesses a valid provisional, standard, or advanced license issued by the Hawaii teacher standards board, regardless of subject area, and is currently assigned to a school-level position, whether in a classroom or certificated support personnel position; provided that the teacher meets four of the criteria contained in subsection (c).

(c) Teachers who receive an annual shortage differential for being assigned to a position in a hard-to-staff location pursuant to subsection (b) shall meet one or more of the following criteria:

(1) The teacher shall be assigned to a position in a complex area identified as a hard-to-staff location in a collective bargaining agreement negotiated with bargaining unit (5);

(2) The teacher shall be assigned to a position in a complex area whose rate of teachers who have completed a state-approved teacher education program has been below the State's state-approved teacher education program average for the last three years;

(3) The teacher shall be assigned to a position in a geographically isolated complex area, which shall be defined as a complex area that is more than twenty-five miles from an urban center; or

(4) The teacher shall be assigned to a position in a complex area whose combined number of vacant teaching positions and emergency hires was higher than ten per cent in school years 2016-2017 and 2017-2018."

PART III

SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§302A- Salary increases; annual. Pursuant to a collective bargaining agreement negotiated for bargaining unit (5), teachers and educational officers who have completed a year's satisfactory service and who have complied with the other requirements of sections 302A-602 to 302A-639 and section 302A-701, as applicable, shall be entitled to an annual increment."

PART IV

SECTION 4. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§302A- Teacher collaboration, preparation, and planning time. (a) Every teacher assigned to a school-level classroom instructional position shall be provided a minimum of forty-five continuous minutes per school day to collaborate with same grade level peers regarding the development and implementation of effective instructional practices, high-quality lesson plans, social-emotional learning programs, and other student support systems.

(b) Every teacher assigned to a school-level classroom instructional position may be provided a minimum of forty-five continuous minutes per school day to assist students who need additional support in meeting the standards relating to the subject area for which the teacher is responsible.

(c) Every teacher assigned to a school-level classroom instructional position may be provided a minimum of forty-five continuous minutes per school day for preparation and planning time established under this section, which shall be managed at the discretion of the teacher.

(d) Nothing in this section shall be construed to prohibit additional collaboration, preparation, and planning time from being included in a collective bargaining agreement negotiated with the exclusive representative for bargaining unit (5)."

PART IV

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2401
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII