Hawaii-2022-SB2819-Amended

SECTION 1. The legislature finds that the recruitment and retention of qualified teachers are 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. 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 also finds that teacher salaries are inequitable when experienced senior teachers are aligned with less senior teachers in their placement within existing salary schedules. Unfair pay scales have driven experienced senior teachers to either retire early or leave the profession, due to the perception that their experience and dedication to public education and the teaching profession will never be adequately valued and recognized.

The legislature further 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 additionally finds that section 302A-624(c) and section 302A-627(a), Hawaii Revised Statutes, conflict with the intent of this Act, and should be repealed.

The purpose of this Act is to:

(1) Repeal sections 302A-624(c) and 302A-627(a), Hawaii Revised Statutes; and

(2) Fund a memorandum of understanding to address compensation equity issues and to make the necessary discretionary salary adjustments for experienced senior public school teachers and state public charter school teachers.

SECTION 2. Section 302A-624, Hawaii Revised Statutes, is amended to read as follows:

"§302A-624 Teachers' salary schedule. (a) The salary schedule for all teachers of the department shall be negotiated pursuant to section 89-9.

(b) All teachers shall meet the following requirements:

(1) A teacher shall earn at least five credits within a three-year cycle to receive increment or longevity step increases in the third year of the three-year cycle;

(2) A teacher who fails to meet the requirement set forth in paragraph (1) shall not be eligible for any increment or longevity step increases until the teacher earns the credit requirement for the three-year cycle;

(3) Any credit earned in excess of any three-year credit requirement may not be carried over beyond the three-year cycle; and

(4) Credits earned may be in the form of in-service, university, or other credits approved by the department.

[(c) A teacher shall be required to spend at least one year in Class III before going on to Class IV, at least one year in Class IV before going on to Class V, at least one year in Class V before going on to Class VI, and at least one year in Class VI before going on to Class VII.]

[~~(d)~~] (c) In case of promotion from a teaching position to an educational officer, the employee shall receive compensation at the lowest step of the higher grade that exceeds the employee's existing compensation by at least eight per cent if such a step exists.

[~~(e)~~] (d) Effective July 1, 2006, the minimum hourly or minimum per diem rate for substitute teachers shall be determined by the legislature as follows; provided that any individual in Class I, II, or III who works less than a full seven-hour work day shall be compensated on a pro-rated, hourly basis:

(1) Class I: other individuals who do not possess a bachelor's degree shall be compensated at a rate of [~~not~~] no less than $125 for a full work day;

(2) Class II: individuals with a bachelor's degree shall be compensated at a rate of [~~not~~] no less than $136 for a full work day; and

(3) Class III: department of education teachers, or licensed or highly qualified teachers, shall be compensated at a rate of [~~not~~] no less than $147 for a full work day.

[~~(f)~~] (e) Effective July 1, 2008, the board shall provide wage adjustments for substitute teachers. The wage adjustments shall be comparable to the across-the-board wage adjustments for teachers that are negotiated for bargaining unit (5) subject to legislative approval, pursuant to section 89C-5. The board may also adjust hours, benefits, and other terms and conditions of employment for substitute teachers."

SECTION 3. Section 302A-627, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-627[~~] Salary ratings of entering or reentering teachers; credit~~] Credit for military service. [(a) Any teacher with more than one year of teaching experience, and so accredited by the department, entering or reentering the service of the department shall have the teacher's salary rating determined by the personnel executive of the department, any other law to the contrary notwithstanding, so that the salary rating shall be equal to the salary ratings held by incumbent teachers in the department with the identical number of years of experience.

~~(b)~~] Any teacher who served on active duty with the armed forces of the United States shall be given credit by the department for the teacher's military service in the determination of the teacher's salary, the teacher's eligibility for leaves of absence, and for all other purposes of seniority. Both reentering and entering teachers shall have each year of their military service or six months thereof credited as a year of teaching experience; provided that no more than four years of credit for military service shall be allowed. Evidence of military service shall be by certificate."

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 a memorandum of understanding, as negotiated between the governor, superintendent of education, board of education, and exclusive representative of collective bargaining unit (5), to address compensation equity issues and make the necessary discretionary salary adjustments for approximately eight thousand seven hundred teachers whose current base salary does not reflect their years of professional service; 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 to fund a memorandum of understanding for the state public charter school commission and administration (EDN 612), as negotiated between the governing boards of state public charter schools and the exclusive representative of collective bargaining unit (5), to address compensation equity issues and make the necessary discretionary salary adjustments for teachers whose current base salary does not reflect their years of professional service; 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	2819
THIRTY-FIRST LEGISLATURE, 2022		S.D. 2
STATE OF HAWAII		H.D. 2