Bill Text: HI HB1655 | 2012 | Regular Session | Introduced
Bill Title: DOE; HTSB
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1655 Detail]
Download: Hawaii-2012-HB1655-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1655 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the hawaii teacher standards board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 302A-801, Hawaii Revised Statutes, is repealed.
["§302A-801 Hawaii teacher
standards board established. (a) There is established the Hawaii
teacher standards board, which shall be placed within the department for
administrative purposes only. The board shall consist of fifteen members,
including not less than six licensed teachers regularly engaged in teaching at
the time of the appointment, three educational officers employed at the time of
the appointment, the chairperson of the board of education or the chairperson's
designee, the superintendent or the superintendent's designee, a representative
of independent schools, the dean of the University of Hawaii college of
education or the dean's designee, and two members of the public; provided that
the dean's designee shall be chosen from the member institutions of the teacher
education coordinating committee established under section 304A-1202.
(b) Except for the chairperson of the board
of education, superintendent, and dean of the college of education, the governor
shall appoint the members of the board pursuant to section 26-34, from a list
of qualified nominees submitted to the governor by the departments, agencies,
organizations representative of the constituencies of the board, and current
members of the board; provided that the two members of the public shall be from
lists of qualified nominees submitted to the governor by the Hawaii Business
Roundtable, Hawaii P-20 council, and Hawaii workforce development council. To
the extent possible, the board membership shall reflect representation of
elementary and secondary school personnel from all islands.
(c) Appointed board members shall serve not
more than three consecutive three-year terms.
(d) Board members shall receive no
compensation. When board duties require that a board member take leave of the
board member's duties as a state employee, the appropriate state department
shall allow the board member to be placed on administrative leave with pay and
shall provide substitutes, when necessary, to perform that board member's
duties. Board members shall be reimbursed for necessary travel expenses
incurred in the conduct of official board business.
(e) The chairperson of the board shall be
designated by the members of the board.
(f) The board may employ an executive
director for a term of up to four years, who shall be appointed by the board of
education without regard to chapters 76 and 89; provided that the board shall
submit a nominee to the board of education for approval or disapproval; provided
further that if the nominee is disapproved, the board shall submit another
nominee to the board of education for approval or disapproval.
The board may terminate the executive
director's contract for cause; provided that the board shall submit the recommendation
for termination to the board of education for approval or disapproval."]
SECTION 2. Section 302A-802, Hawaii Revised Statutes, is repealed.
["§302A-802 Licensing standards;
policies. (a) The board shall establish licensing standards that
govern teacher licensing in Hawaii. Licensing standards established by the
board shall be adopted as rules under chapter 91 unless otherwise specified in
this subpart.
(b) In the development of its standards,
the board shall consider the existing teacher applicant pool that is available
in the State and the level of the qualification of these applicants, as well as
the nature and availability of existing preservice higher education teacher
training programs.
(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. The department 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 deems necessary for a permit.
The department 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;
(5) Pursue
full teacher license reciprocity with all other states; and
(6) Issue a license to a teacher with a
valid out-of-state license who has passed similar, though not identical, tests
in basic skills, pedagogy, and subject matter to those required for licensure
in the State; provided that upon the effective date of the adoption of
administrative rules addressing the recognition of out-of-state teacher
licenses, those administrative rules shall supersede the requirements of this paragraph."]
SECTION 3. Section 302A-803, Hawaii Revised Statutes, is repealed.
["§302A-803 Powers and duties of
the board. (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, revoking,
suspending, and reinstating licenses;
(9) Reviewing reports from the department
on individuals hired on an emergency basis;
(10) Applying licensing standards on a
case-by-case basis and conducting licensing evaluations;
(11) Preparing and disseminating teacher
licensing information to schools and operational personnel;
(12) Approving teacher preparation programs;
(13) Administering reciprocity agreements
with other states relative to licensing;
(14) Conducting research and development on
teacher licensure systems, beginning teacher programs, the assessment of
teaching skills, and other related topics;
(15) 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) Adopting applicable rules and
procedures; and
(17) Adopting, amending, repealing, or
suspending the policies and standards of the board.
(b) If, in accordance with chapter 92, the
board determines, on a case-by-case basis, that extenuating circumstances exist
to justify the suspension, the board may temporarily suspend its rules, or any
portion thereof. The board shall establish, in accordance with chapter 91, procedures
for the suspension of its rules. When determining whether to suspend its
rules, the board shall also establish the length of time for which the
suspension shall be in effect.
(c) The board, in accordance with chapter
92, may also amend licensing-related fees and set or amend other charges
related to the performance of its duties.
(d) The board may delegate to its executive
director, or other designee, any of its powers and duties as it deems
reasonable and proper; provided that the delegation of powers and duties by the
board shall be made in accordance with procedures set forth in this
subsection. The board shall not delegate its discretionary functions resulting
in a final decision in:
(1) Adopting, amending, or repealing rules;
(2) Ordering disciplinary action against a
licensee, including license revocation or suspension, or the imposition of
conditions or fines; provided that summary suspensions may be delegated; or
(3) Granting or denying permits or
licenses, including license renewals and reinstatements, or otherwise
conditioning permits or licenses, unless the granting, denying, or otherwise
conditioning of a permit or license does not require the exercise of the
board's expertise and discretion.
To delegate authority, the concurrence of a
majority of the members to which the board is entitled shall be necessary for
any action taken by the board to be valid. The board shall conduct its
meetings to delegate powers and duties to its executive director, or other
designee, in accordance with chapters 91 and 92."]
SECTION 4. Statutory material to be repealed is bracketed and stricken.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DOE; HTSB
Description:
Repeal the HTSB.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
