Bill Text: HI SB806 | 2011 | Regular Session | Amended

Hawaii Senate Bill 806 (Prior Session Legislation)

Bill Title: Hawaii Teacher Standards Board; Career and Technical Education

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-06-21 - (H) Act 134, on 6/20/2011 (Gov. Msg. No. 1237). [SB806 Detail]

Download: Hawaii-2011-SB806-Amended.html

THE SENATE	S.B. NO.	806
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII		H.D. 2
		C.D. 1

A BILL FOR AN ACT

RELATING TO TEACHERS.

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

SECTION 1. Section 302A-801, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Appointed board members shall serve not more than three consecutive three-year terms. Teacher and educational officer members who retire during a term may serve the remainder of their term up to three consecutive three-year terms."

SECTION 2. Section 302A-803, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to establishing standards for the issuance and renewal of licenses and any other powers and duties authorized by law, the board's powers shall also include:

(1) Setting and administering its own budget;

(2) Adopting, amending, or repealing the rules of the board in accordance with chapter 91;

(3) Receiving grants or donations from private foundations, and state and federal funds;

(4) Submitting an annual report to the governor, the legislature, and the board of education on the board's operations and expenditures, and from the 2007-2008 school year, submitting a summary report every five years of the board's accomplishment of objectives, efforts to improve or maintain teacher quality, and efforts to keep its operations responsive and efficient;

(5) Conducting a cyclical review of standards and suggesting revisions for their improvement;

(6) Establishing licensing fees in accordance with chapter 91 and determining the manner by which fees are collected and subsequently deposited into the state treasury and credited to the Hawaii teacher standards board special fund;

(7) Establishing penalties in accordance with chapter 91;

(8) Issuing, renewing, forfeiting, restoring, conditioning, revoking, suspending, and reinstating licenses;

(9) Developing criteria for a full career and technical education license, limited to career and technical education teaching assignments, allowing qualified individuals with at least an associate's degree, pedagogy coursework, industry experience, and content expertise to teach;

[~~(9)~~] (10) Reviewing reports from the department on individuals hired on an emergency basis;

[~~(10)~~] (11) Applying licensing standards on a case-by-case basis and conducting licensing evaluations;

[~~(11)~~] (12) Preparing and disseminating teacher licensing information to schools and operational personnel;

[~~(12)~~] (13) Approving teacher preparation programs;

(14) Establishing policies and procedures for approving alternative pathways to teaching;

[~~(13)~~] (15) Administering reciprocity agreements with other states relative to licensing;

[~~(14)~~] (16) Conducting research and development on teacher licensure systems, beginning teacher programs, the assessment of teaching skills, and other related topics;

[~~(15)~~] (17) Participating in efforts relating to teacher quality issues, professional development related to the board's standards, and promotion of high teacher standards and accomplished teaching;

[~~(16)~~] (18) Adopting applicable rules and procedures; and

[~~(17)~~] (19) Adopting, amending, repealing, or suspending the policies and standards of the board."

SECTION 3. Section 302A-805, Hawaii Revised Statutes, is amended to read as follows:

"§302A-805 Teachers; license required; renewals. Beginning July 1, 2002, all new licenses shall be issued by the board. No person shall serve as a half-time or full-time teacher in a public school without first having obtained a license from the board under this subpart. All licenses issued by the board shall be valid only for the fields specified on the licenses and shall be renewable every five years for a standard license and every ten years for an advanced license if the individual continues to:

(1) Satisfy the board's licensing standards and submits verification, in a form specified by the board, that the individual has completed activities specified by the board in fulfillment of each of the teacher performance standards established by the board;

(2) Show evidence of successful teaching in the previous five years through verification by a supervisor, in a form specified by the board;

(3) Meet the professional fitness requirements established by the board; [~~and~~]

(4) Satisfy the board's requirements for renewal of licenses[.]; and

(5) Pay all applicable license fees in a timely manner.

The board shall randomly audit a licensee's compliance with paragraph (1) and may establish rules, pursuant to chapter 91, for the random audits.

Teachers whose licenses expire on June 30, 2002, or June 30, 2003, shall be granted an automatic extension of two years.

No person shall be issued a license or teach on an emergency basis in the public schools without having first paid the fees established by the board in accordance with chapter 91.

The failure to timely renew a license, pay all fees in a timely manner, or comply with any other requirement provided by law or administrative rule shall result in the automatic forfeiture of the license. A person with a forfeited license shall not teach at a public school until that person's license is restored. Restoration of a license shall require compliance with the renewal requirements provided by law or administrative rule and payment of all applicable renewal and late fees. Upon restoration of a person's license, the person may teach at a public school."

SECTION 4. Section 302A-807, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:

"(a) The board shall serve as the final adjudicator for appeals relating to licensing, including the issuance or nonissuance of licenses, and the condition, suspension, nonrenewal, and revocation of licenses.

(b) The board shall establish procedures for the conduct of proceedings for the consideration of requests filed with the board. In every case to condition, revoke, or suspend a license, the board shall give the person concerned written notice that a request has been filed with the board. The board shall conduct a hearing in conformity with chapter 91, and shall provide for confidentiality of the proceedings to protect the parties. In all proceedings before it, the board may administer oaths, compel the attendance of witnesses and production of documentary evidence, and examine witnesses. In case of disobedience by any person to any order of the board or to any subpoena issued by the board, or the refusal of any witness to testify to any matter that the person may be questioned lawfully, any circuit judge, on application of the board or a member thereof, shall compel obedience in the case of disobedience of the requirements of a subpoena issued by a circuit court or a refusal to testify.

(c) Any applicant who has been refused a license, or any licensee whose license has been conditioned, suspended, or revoked, shall have the right to appeal the board's decision to the circuit court of the circuit in which the applicant or licensee resides in the manner provided in chapter 91; provided that out-of-state resident applicants shall file their appeals in the first circuit court."

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

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

Report Title:

Hawaii Teacher Standards Board; Career and Technical Education

Description:

Allows teacher and educational officer HTSB members to continue to serve out up to three consecutive three-year terms even if they retire during a term. Adds certain powers and duties to HTSB. Adds timely payment of fees to the requirements for license renewal. Extends the term of the renewable advanced license from five to ten years. Allows for forfeiture of a teacher's license for failure to timely renew, pay all fees, or comply with any other requirements provided by law or administrative rule. (CD1)

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