Bill Text: HI HB2162 | 2018 | Regular Session | Amended
Bill Title: Relating To Teacher Incentives.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Engrossed - Dead) 2018-04-26 - Conference committee meeting to reconvene on 04-27-18 1:00PM in conference room 312. [HB2162 Detail]
Download: Hawaii-2018-HB2162-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2162 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TEACHER INCENTIVES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that public charter schools provide an exciting and solid option as an alternative form of public education for the students of Hawaii. A major component in the success of public charter schools is the dedication of their administrators, staff, and teachers in creating an environment of educational excellence. Similar to their counterparts within public schools established and maintained by the department of education, teachers at public charter schools who have earned National Board certification or committed to work at schools in a location determined by the department of education as hard-to-fill are entitled to receive incentive bonuses. However, unlike their counterparts within public schools established and maintained by the department of education, which has a designated fund for the payment of these incentive bonuses, public charter schools have had to pay incentive bonuses out of each individual school's per-pupil funds, a cost not calculated into the moneys provided each year by the State. Because some public charter schools remain small institutions with already lean budgets, the additional expense created by these additional payments creates a situation in which school administrators must choose between hiring and retaining high-quality teachers and balancing their budgets.
The purpose of this Act is to ensure a fair allocation of funds meant to benefit students who attend public schools established and maintained by the department of education and students who attend public charter schools by mandating that incentive bonuses for public charter school teachers shall not be paid from a charter school's facilities funding or per-pupil funds.
SECTION 2. Section 302D-28, Hawaii Revised Statutes, is amended to read as follows:
"§302D-28 Funding and
finance. (a) Beginning with fiscal year 2012-2013, and
each fiscal year thereafter, the non-facility general fund
per-pupil funding request for charter school students shall be the same as the general
fund per-pupil amount to the department in the most recently
approved executive budget recommendation for the department and shall be based
upon reasonable projected enrollment figures for all charter schools. The general fund
per-pupil request for each regular education and special education student shall:
(1) Include all general fund regular education cost categories, including comprehensive school support services, but excluding special education services, adult education, and the after-school plus program; provided that these services are provided and funded by the department; and
(2) Exclude fringe
benefit costs; costs of teacher incentives, bonuses, and other compensation
beyond regular wages; and debt service.
(b) Fringe benefit costs for charter school employees, regardless of the payroll system utilized by a charter school, shall be included in the department of budget and finance's annual budget request. No fringe benefit costs shall be charged directly to or deducted from the charter school per-pupil allocations.
The
legislature shall make an appropriation based upon the budget request; provided
that the legislature may make additional appropriations for facility and other
costs.
The
governor, pursuant to chapter 37, may impose restrictions or reductions on
charter school appropriations similar to those imposed on department schools.
(c) Notwithstanding any law to the contrary, to
ensure non-facility per-pupil general fund amounts allocated for the department
and charter school students are equal on an annualized fiscal year basis, each
year the director of finance shall:
(1) Determine the sum of general fund appropriations made for department and charter school student non-facility costs described in subsections (a) and (b);
(2) Determine the sum of department and charter school student enrollment based on reviewed and verified student enrollment counts as of October 15;
(3) Determine a per-pupil amount by dividing the sum of general fund appropriations determined under paragraph (1) by the sum of student enrollment determined under paragraph (2);
(4) Transfer a general fund amount between the department and charter schools that will provide each with a per-pupil allocation equal to the amount determined on an annualized fiscal year basis under paragraph (3); and
(5) Annually account for all calculations and transfers made pursuant to this subsection in a report to the legislature, governor, department, and charter schools.
This subsection shall not limit the ability of the director of finance to modify or amend any allotment pursuant to chapter 37.
(d) Charter schools shall be eligible for all
federal financial support to the same extent as department schools. The department shall provide all authorizers
with all state-level federal grant proposals submitted by the department that
include charter schools as potential recipients and timely reports on
state-level federal grants received for which charter schools may apply or are
entitled to receive. Federal funds
received by the department for charter schools shall be transferred to authorizers
for distribution to the charter schools they authorize in accordance with the
federal requirements. If administrative
services related to federal grants are provided to the charter school by the
department, the charter school shall reimburse the department for the actual
costs of the administrative services in an amount that shall not exceed six per
cent of the charter school's federal grants.
Any
charter school shall be eligible to receive any supplemental federal grant or
award for which any department school may submit a proposal, or any
supplemental federal grants limited to charter schools; provided that if
department administrative services, including funds management, budgetary,
fiscal accounting, or other related services, are provided with respect to
these supplemental grants, the charter school shall reimburse the department
for the actual costs of the administrative services in an amount that shall not
exceed six per cent of the supplemental grant for which the services are used.
All
additional funds generated by the governing boards[,] that are not from
a supplemental grant[,] shall be held separate from allotted funds and
may be expended at the discretion of the governing boards.
(e) Authorizers shall calculate a general fund per-pupil amount based upon the amount of general funds appropriated by the legislature and released by the governor and the projected enrollment amount used to calculate the general funds appropriated pursuant to subsection (a).
Authorizers shall submit a report to the legislature no later than twenty days prior to the convening of each regular session that contains each charter school's current school year projection that is used to submit the budget request, the updated May 15 enrollment projection, the actual October 15 enrollment count, the authorizer's reviewed and verified enrollment count, and the November 15 enrollment count.
(f) To enable charter schools to access state
funding prior to the start of each school year, foster their fiscal planning,
enhance their accountability, and avoid over-allocating general funds to
charter schools based on self-reported enrollment projections, authorizers
shall:
(1) Provide sixty per cent of a charter school's
per-pupil allocation based on the charter school's projected student enrollment
no later than July 20 of each fiscal year; provided that the charter school
shall have submitted to its authorizer a projected student enrollment no later
than May 15 of each year;
(2) Provide an additional thirty per cent of a charter
school's per-pupil allocation no later than December 1 of each year, based
on the October 15 student enrollment, as reviewed and verified by the
authorizer, only to schools in compliance with all financial reporting
requirements; and
(3) Retain no more than the balance of the remaining ten per cent of a charter school's per-pupil allocation, as a contingency balance to ensure fiscal accountability and compliance, no later than June 30 of each year;
provided that authorizers may make
adjustments in allocations based on noncompliance with charter contracts and
the board may make adjustments in allocations based on noncompliance with board
policies made in the board's capacity as the state education agency, department
directives made in the department's capacity as the state education agency, the
board's administrative procedures, and board-approved accountability
requirements.
(g) The department shall provide appropriate
transitional resources to a conversion charter school for its first year of
operation as a charter school based upon the department's allocation to the
school for the year prior to the conversion.
(h) No charter school may assess tuition; provided
that a charter school may assess and collect special fees and charges from
students for co-curricular activities.
Any special fees and charges collected pursuant to this subsection shall
be deposited into insured checking or savings accounts and expended by each
individual charter school.
(i) Funds necessary to pay for teacher incentive
programs, bonuses, and other compensation required by law or collective
bargaining beyond regular wages shall not be paid out of a charter school's
facilities funding or per-pupil funds.
Beginning with fiscal year 2018-2019, and each fiscal year thereafter, the
funding request for teacher incentive programs, bonuses, and other compensation
required by law or collective bargaining beyond regular wages for each charter
school shall be a separate line item in the general appropriations act and
supplemental appropriations act."
SECTION 3. 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 2018-2019 to pay for the following bonuses for public charter school teachers:
(1) Collectively bargained placement bonuses in schools determined as hard-to-fill by the department of education; and
(2) Teacher national board certification incentive program bonuses as outlined in section 302A-706, Hawaii Revised Statutes.
The sum appropriated shall be expended by the state public charter school commission for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Charter Schools; Teacher Incentives; Teacher Bonuses; Appropriation
Description:
Clarifies that funds for bonuses required by statute or collective bargaining shall not be paid out of a charter school's facilities funding or per-pupil funds. Beginning with fiscal year 2018-2019, requires that such bonuses be separate line items in the budget. Appropriates funds for teacher bonuses for hard-to-fill placement incentives and National Board certified teacher incentives for charter school teachers. (HB2162 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
