HB1840 SD1

SECTION 1. The legislature finds that it is important for the State's schools to have enough teachers to create a stable and qualified teaching workforce that can maintain educational quality and improve academic outcomes for students across the State.

The legislature further finds that employing unlicensed individuals as teachers on an emergency basis offers a critical mechanism for schools to ensure every classroom, from kindergarten through grade twelve, is staffed by a dedicated educator. The existing emergency hiring policy was designed to address the ongoing chronic teacher shortage by allowing schools to utilize qualified individuals from diverse professional backgrounds and locations while those individuals work to attain teaching credentials.

To continue as educators on a non-emergency basis, prospective teachers must complete the appropriate undergraduate coursework, standardized tests, an accredited certification program, fieldwork, and successful teaching evaluations to earn their teaching credentials in the State within three years. The legislature recognizes, however, that many prospective teachers are not able to complete these requirements within the existing timeline. Completing a licensure program, which often includes student teaching and rigorous exams, while managing a full-time classroom workload is incredibly difficult. Under existing law, a teacher who is performing well in the classroom but has not completed each licensure requirement by the end of the third year as an emergency hire will be let go and replaced with a new, untrained recruit.

The legislature therefore finds that extending the term to five years for an unlicensed individual to be employed on an emergency basis while earning their teaching credentials will acknowledge the difficulty of the teachers' dual workloads and reduce the turnover of new teachers who are close to completing licensure requirements but need more time. Extending the emergency hiring timeline will also allow the education system to capitalize on the valuable experience an emergency hire has gained and circumvent the difficulties associated with vacant positions and employing a replacement as a long-term substitute or new hire. Furthermore, allowing for more time to complete a licensure program can help retain those teachers who are passionate about education but need additional time to attain licensure.

The legislature also finds that the current three-year timeline often hinders the ability of schools to maintain long-term classroom stability through consistent, uninterrupted instruction; foster stronger connections between educators, students, and the community; and provide ample time to allow emergency hires to complete the path to becoming licensed teachers. Granting emergency hires an additional two years to teach would provide for five years of continuous instruction at the same school. This extended term would facilitate stronger relationships within the school community, particularly by affording educators better opportunities to support struggling students. Additionally, studies indicate that teacher effectiveness significantly improves with experience and that teachers require up to five years to reach peak effectiveness. Forcing emergency hires to exit the classroom after only three years creates unnecessary disruption to student progress and a loss of valuable skill sets developed through on-the-job experience.

The legislature further finds that the J-1 visa program has been a resounding success, but the State's existing licensure rules limit the full potential of prospective international teachers participating in the J-1 visa program.

Accordingly, the purpose of this Act is to:

(1) Require the Hawaii teacher standards board to develop an alternative pathway for a visiting international educator permit aligned to the duration of the educator's J-1 visa program;

(2) Allow the department of education and charter schools to employ unlicensed individuals on an emergency basis for up to five years;

(3) Require the Hawaii teacher standards board to extend the five-year limitation in the case of a declared state of emergency; and

(4) Require the department of education to provide support to assist emergency hire teachers in meeting the requirements of licensure and require the training to be mandatory for certain emergency hire teachers.

SECTION 2. Section 302A-802, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The board shall adopt policies, exempt from chapters 91 and 92, to initiate the following:

(1) Develop criteria allowing more individuals with trade or industry experience to teach in vocational, technical, and career pathway programs, and criteria for the issuance of permits allowing qualified individuals to teach when recommended by the superintendent or the commission, when appropriate. The department or the commission, when appropriate, shall be responsible for the review and acceptance of the relevant licenses, certificates, or other qualifications related to an individual's vocational, technical, or career pathway education-related experience that the department or the commission, when appropriate, deems necessary for a permit. The department or the commission, when appropriate, shall have the authority to waive the requirement of a bachelor's degree to teach in a vocation, technical, or career pathway education program;

(2) Develop a plan to accept teachers from any state as long as they have completed state-approved teacher education programs and pass relevant Hawaii teacher examinations or their equivalent;

(3) Clarify the requirements, on a state-by-state basis, for out-of-state licensed teachers to obtain a license in Hawaii;

(4) Develop a plan to facilitate licensing for those who intend to teach in Hawaii immersion programs, the island of Niihau, or any other extraordinary situation as defined by the superintendent or the superintendent's designee, or by the commission, when appropriate;

(5) Pursue full teacher license reciprocity with all other states; [~~and~~]

(6) Develop a plan to facilitate an optional certification for those who teach or intend to teach at private schools[.]; and

(7) Develop an alternative pathway for a visiting international educator permit to promote cultural exchange between the State and foreign nations. The permit shall authorize a visiting international educator who agrees to come to the United States temporarily as a full-time teacher of record in an accredited primary or secondary school to teach all subjects and grade levels for which the educator is qualified and is employed by the department. A visiting international educator permit developed by the department shall remain valid for the duration necessary to complete the educator's participation in a visiting international educator exchange program."

SECTION 3. Section 302A-804, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) The department's powers and duties under this subpart shall be limited to:

(1) Hiring, except in emergency situations as described in this chapter, licensed teachers to teach in their fields of licensing;

(2) Reporting data annually to the board about the supply of, and demand for, teachers in department schools, including the identification of shortage areas, out‑of-field teaching assignments, number of classrooms without a licensed teacher for a quarter or more, numbers of teachers teaching out-of-field, numbers and types of courses and classes taught by out-of-field teachers, and numbers and types of students taught by out-of-field teachers;

(3) On an emergency and case-by-case basis, hiring unlicensed individuals; provided that:

(A) A list of the names, work sites, teaching assignments, and progress toward licensing of these individuals shall be reported to the board and any changes shall be updated on a monthly basis by the department;

(B) There are no properly licensed teachers for the specific assignments for which the individuals are being hired; and

(C) No individual [~~may~~] shall be employed by the department on an emergency basis for more than [~~three~~] five years; provided that in the case of a declaration of a state of emergency pursuant to section 127A-14, the board, pursuant to its powers in section 302A‑803(a)(18), [~~may~~] shall extend the [~~three-year~~] five-year period by authorizing an extension to complete licensing requirements. During this time, the individual shall demonstrate active pursuit of licensing in each year of employment;

(4) Submitting an annual report to the board documenting:

(A) The number of emergency hires in department schools by subject matter areas and by school;

(B) The reasons and duration of employment for the emergency hiring enumerated in subparagraph (A); and

(5) Providing any other information requested by the board that is pertinent to its powers and duties."

2. By amending subsection (d) to read:

"(d) A charter school's powers and duties under this subpart shall be limited to:

(1) Except in emergency situations as described in this chapter, hiring licensed teachers to teach in their fields of licensing;

(2) On an emergency and case-by-case basis, hiring unlicensed individuals; provided that:

(B) There are no properly licensed teachers for the specific assignments for which the individuals are being hired; and

(C) No individual [~~may~~] shall be employed by the charter school on an emergency basis for more than [~~three~~] five years; provided that in the case of a declaration of a state of emergency pursuant to section 127A-14, the board, pursuant to its powers in section 302A‑803(a)(18), [~~may~~] shall extend the [~~three-year~~] five-year period by authorizing an extension to complete licensing requirements. During this time, the individual shall demonstrate active pursuit of licensing in each year of employment;

(3) Submitting an annual report to the board documenting:

(A) The number of emergency hires in the charter school by subject matter areas;

(B) The reasons and duration of employment for the emergency hiring enumerated in subparagraph (A);

(D) The number and type of courses and classes taught by out-of-field teachers; and

(E) The number and type of students taught by out-of-field teachers; and

(4) Providing any other information requested by the board that is pertinent to the charter school's powers and duties."

SECTION 4. (a) The department of education shall provide support to assist emergency hires in meeting requirements of teacher licensure. The support under this section shall be mandatory for an emergency hire in the individual's fourth and fifth years as an emergency hire.

(b) This section shall apply to all persons employed or hired as an emergency hire by the department of education after the effective date of this Act.

(c) For the purposes of this section, "emergency hire" means a person hired by the department of education pursuant to its authority under section 302A-804(b)(3), Hawaii Revised Statutes.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 31, 2055; provided that on June 30, 2031, this Act shall be repealed and section 302A-804, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.

HOUSE OF REPRESENTATIVES	H.B. NO.	1840
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 1