Bill Text: HI SB158 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 158 (Prior Session Legislation)

Introduced

Bill Title: Department of Education; Teachers; Demotion

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB158 Detail]

Download: Hawaii-2010-SB158-Introduced.html

Report Title:

Department of Education; Teachers; Demotion

Description:

Removes references to demotion as an action that may be taken by the department of education against a department of education teacher.

THE SENATE	S.B. NO.	158
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

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

SECTION 1. The legislature finds that the department of education does not demote teachers, as the classification structure for teaching positions is based upon education attained. The classification structure does not allow for demotion as a penalty for inefficiency or immorality, wilful violations of policies and rules of the department, or for other just cause; rather, other penalties such as discharge are available.

The purpose of this Act is to repeal the reference to demotion as an action that may be taken by the department of education against a teacher for inefficiency or immorality, wilful violations of policies and rules of the department, or for other good and just cause.

SECTION 2. Section 302A-609, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-609[]] Causes for discharge [~~or demotion~~]; preferred eligibility list. Causes for the discharge [~~or demotion~~] of a teacher shall be inefficiency or immorality; wilful violations of policies and rules of the department; or [~~for~~] other good and just cause. The department, without a hearing, may terminate the tenure rights of a teacher who fails to return to service, except when caused by illness, following the expiration of an approved leave of absence. Teachers may also be dismissed because of a decrease in the number of pupils or for other causes over which the department has no control. Dismissals due to a decrease in the number of pupils or for causes over which the department has no control shall begin with those teachers with the least number of years of service. The teachers so dismissed shall be placed on a preferred eligibility list and shall have the right to be restored to duty in the order of length of service whenever vacancies occur in which the teacher is qualified."

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect upon its approval.