Bill Text: HI SB2820 | 2022 | Regular Session | Amended
Bill Title: Relating To Teacher Compensation.
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Engrossed - Dead) 2022-04-20 - Received notice of Senate conferees (Sen. Com. No. 884). [SB2820 Detail]
Download: Hawaii-2022-SB2820-Amended.html
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THE SENATE |
S.B. NO. |
2820 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO TEACHER COMPENSATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the recruitment and retention of qualified teachers is essential to the success of Hawaii's public education system. The State continues to face a chronic teacher shortage, which undermines student learning and achievement. As an example, for the 2018-2019 school year, the department of education experienced a qualified teacher shortage of one thousand twenty-nine positions.
The legislature further finds that research indicates that competitive and equitable compensation correlates with greater success in recruiting and retaining qualified educators. Yet, numerous studies have shown that Hawaii's teacher salaries are the lowest in the nation when adjusted for the State's high cost of living. The legislature additionally finds that an increasing number of school districts around the country are utilizing compensation methods and strategies designed to improve the recruitment and retention of qualified teachers.
The legislature also finds that there is a nationwide shortage of special education teachers. Providing access to a qualified, prepared special educator for all students who have disabilities continues to be a challenge in every state. Hawaii is no different and has been experiencing shortfalls in special education teachers for more than the past decade. Data shows, over the last three school years, an increasing number of unfilled special education teacher positions, a lack of special education teachers who have completed a state-approved teacher education program and are willing to fill those positions, and an increasing number of teachers having non-state-approved teacher education program credentials assigned to these positions.
The legislature additionally finds that, in 2007, the Hawaii state teachers association and department of education negotiated and continued to renew a memorandum of understanding for a recruitment and retention incentive that today provides an annual differential of $3,000 for qualified and licensed teachers employed in hard-to-staff geographical locations. This memorandum of understanding was agreed upon by the parties in an attempt to ensure stability and continuity in the learning communities of hard-to-staff schools by providing a recruitment and retention incentive for qualified licensed teachers employed at identified hard-to-staff locations. While this recruitment and retention incentive has helped fill vacancies in these locations, it has not reduced or made any significant impact or change as vacancies continue to increase, especially in certain geographical areas. A new recruitment and retention model should be implemented through a shortage differential provided to certain identified schools and complex areas in geographically isolated locations to address areas that have higher rates of non-certified teachers and higher teacher vacancies. The following tiers have been proposed, along with the rationale for each tier, the criteria, and amounts for these shortage differentials:
Criteria Levels:
(1) Complexes required under the current contract;
(2) Complexes whose rate of teachers who have completed a state-approved teacher education program has been under the State's state-approved teacher education program average for the last three years;
(3) Geographically isolated (more than twenty-five miles from an urban center) complexes; and
(4) Complexes whose combined vacancy and emergency hires were higher than ten per cent in school years 2016‑2017 and 2017-2018.
Tiers:
(1) Tier 1 ($3,000): Complexes required under the current contract (this applies only to schools that are required under contract and meet no other criteria);
(2) Tier 2 ($5,000): Complexes that meet two of the criteria levels;
(3) Tier 3 ($7,500): Complexes that meet three of the criteria levels; and
(4) Tier 4 ($8,000): Complexes that meet four of the criteria levels and Olomana school and Hawaii school for the deaf and blind.
The legislature notes that, although the data shows a positive trend in many locations, areas such as the Hana-Lahainaluna-Lanai-Molokai and Nanakuli‑Waianae complex areas continue to show lower percentages of positions filled by state-approved teacher education program teachers and have persistent vacancy rates. Hawaiian language immersion teachers make up a large share of the shortage of teaching positions within the department of education. Of the department of education's one hundred sixty-one total Hawaiian language immersion teacher positions, one hundred seven, or about sixty-six per cent, are filled, and only fifty-four are filled with qualified and licensed Hawaiian language immersion teachers. Qualified and licensed Hawaiian language immersion teachers require fluency in Olelo Hawaii, the Hawaiian language, and licensure by the Hawaii teacher standards board.
As determined by the Hawaii supreme court in 2019, the Hawaii State Constitution requires that the department of education make "reasonable efforts" to provide students access to Hawaiian language immersion education. Currently, there are eighteen department of education Hawaiian language immersion programs. The legislature finds that, in light of the 2019 Hawaii supreme court ruling and the number of vacancies, the department of education requires the flexibility to attract qualified and licensed Hawaiian language immersion teachers to fill this labor shortage.
The legislature further finds that pursuant to board of education policy 105-8, the board of education has recognized the demand for Hawaiian language immersion teachers and directed the department to address compensation, stating:
The Department will establish professional qualifications and develop training programs internally and/or in cooperation with stakeholder groups/universities. The goal is for program professionals to be qualified in both English as a medium of instruction and Hawaiian as a medium of instruction and appropriately compensated for these additional qualifications.
The department is seeking approval from the board of education to provide an annual shortage differential of $8,000 per qualified and licensed Hawaiian language immersion classroom teacher.
To address the shortage within the department of licensed special education teachers, licensed teachers in hard-to-staff geographical locations, and licensed Hawaiian language immersion program teachers, the legislature further finds that the State should offer shortage differentials for these positions.
Accordingly, the purpose of this Act is to:
(1) Provide automatic step increases in salaries for each year
of satisfactory service completed by educational assistants, public school
teachers, and principals and vice principals and increase the amount of time available to
teachers for collaboration, preparation, and planning; and
(2) Appropriate funds for differentials to help address various categories of teacher shortages.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A-
Teacher effectiveness support system.
(a) Pursuant to a collective bargaining agreement
negotiated for bargaining unit (3), bargaining unit (5), and bargaining unit (6):
(1) Educational assistants;
(2) Teachers and educational
officers who have complied with the other requirements of sections 302A‑602
to 302A-639 and section 302A-701, as applicable; and
(3) Principals and vice principals,
who have completed a year's satisfactory service shall be entitled to an annual step increase; provided that this section shall not apply if the governor determines that the State is experiencing an economic downturn.
(b)
Every teacher assigned to a school-level
classroom instructional position shall be provided no less than two hundred
twenty-five aggregate minutes of preparation periods scheduled by the employer
during the teacher's regular work week. A
preparation period shall consist of a continuous block of time of no less than
forty-five minutes. The preparation
periods shall be used for the pursuit of personally initiated school tasks in
preparing for instruction, evaluating students, and performing other
instruction-related activities, as included in and funded by a collective bargaining
agreement negotiated with the exclusive representative of bargaining unit (5).
(c)
Every teacher assigned to a school-level
classroom instructional position may be provided a minimum of two hundred twenty-five
aggregate minutes per week to assist students who need additional support in
meeting the standards relating to the subject area for which the teacher is
responsible.
(d) Beginning with the 2023-2024 school year, every teacher assigned to a school—level classroom instructional position shall be provided a minimum of forty-five continuous minutes per week, two times per week, for collaboration with peers at the same grade level or peers of similar subject areas regarding the development of effective instructional practices and other student support systems.
(e) 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). Nothing in this section shall replace or infringe upon any existing protected time for members of bargaining unit (5) consisting of a continuous block of time of no less than forty-five minutes for a minimum of two hundred twenty-five aggregate minutes per week for the pursuit of personally initiated school tasks in preparing for instruction, evaluating students, and performing other instruction-related activities."
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 2022-2023 for the teacher effectiveness support system program established pursuant to section 2 of this Act.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
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 fund teacher differentials, as negotiated between the superintendent of education and the exclusive representative of collective bargaining unit (5) in a memorandum of understanding, for additional teacher pay in the areas of special education, hard-to-staff geographic locations, and Hawaiian language immersion programs; provided that the moneys shall not be released until the memorandum of understanding is executed between the superintendent of education and the exclusive representative of collective bargaining unit (5).
The sum appropriated shall be expended by the department of education for the purposes of this Act.
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 charter schools commission and administration (EDN 612) to fund classroom teacher shortage differentials, as negotiated between the governing boards of state public charter schools and the exclusive representative of collective bargaining unit (5) in a memorandum of understanding, for additional teacher pay in the areas of special education, hard-to-staff geographic locations, and Hawaiian language immersion programs; provided that the moneys shall not be released until the memorandum of understanding is executed between the governing boards of state public charter schools and the exclusive representative of collective bargaining unit (5).
The sum appropriated shall be expended by the state public charter school commission for the purposes of this Act.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Department of Education; Charter Schools; Teacher Compensation; Step Increases; Collaboration, Preparation, and Planning Time; Differentials; Appropriation
Description:
Provides automatic step increases in salaries for each year of satisfactory service completed by educational assistants, public school teachers, and principals and vice principals and increases the amount of time available to teachers for collaboration, preparation, and planning. Appropriates funds for the automatic step increases and increase of time for teachers to collaborate and plan. Appropriates funds for various teacher differentials to help address labor shortages in the areas of special education, hard-to-staff geographic locations, and Hawaiian language immersion programs. Effective 7/1/2050 (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
