Bill Text: HI SB2852 | 2010 | Regular Session | Introduced
Bill Title: Substitute Teachers; Part-time Teachers; Compensation; Appropriation
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-28 - (S) Referred to EDH/JGO, WAM. [SB2852 Detail]
Download: Hawaii-2010-SB2852-Introduced.html
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THE SENATE |
S.B. NO. |
2852 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TEACHERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The long-standing dispute between the department of education and Hawaii's substitute and part-time teachers is finally over. In Garner v. DOE (Civil No. 03-1-000305) and Kliternick v. Hamamoto (Civil No. 05-1-0031-01), the intermediate court of appeals affirmed Judge Karen Ahn's 2005 decision that the department of education failed to pay substitute teachers the per diem salary based upon a 1996 formula enacted by the legislature. That same misconduct by the department of education also deprived part-time teachers of full pay. Since 2005, the legislature provided annual and temporary relief by providing interim pay adjustments for the benefit of substitute and part-time teachers while the matter was being litigated in the courts. The interim pay adjustments represented only a fraction of the pay the substitute and part-time teachers would have received under the formula adopted in 1996 if it had been properly implemented and the compensation to substitute teachers and part-time teachers tracked the pay given to entry level class II teachers. In Act 263, Session Laws of Hawaii 2006, the conferees of the house of representatives and senate, in their committee report (conference committee report no. 216-06) urged the legislature to make appropriate adjustments, including retroactive pay adjustments, to substitute teacher pay in accord with the appellate court's final ruling. When the legislature set a formula for substitute teachers that was comparable to wage adjustments for regular teachers (Act 187, Session Laws of Hawaii 2008), house of representatives and senate and conferees reaffirmed, in conference committee report no. 110-08, that pay adjustments for substitute teachers in 2005 and 2006 were only interim rates set by the legislature, pending the resolution of litigation. Now that the intermediate court of appeals has ruled, the legislature finds that it is only fair and appropriate to provide retroactive pay adjustments to substitute and part-time teachers during the period between July 1, 2005, and June 30, 2008.
SECTION 2. The purpose of this Act is to appropriate funds to provide retroactive pay adjustments to substitute and part-time teachers for the period between July 1, 2005, and June 30, 2008, during which only interim partial pay adjustments were made by statute.
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 2010-2011 for the purpose of compensating substitute teachers and part-time teachers for the shortfall in their pay during the period between July 1, 2005, and June 30, 2008.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2010.
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INTRODUCED BY: |
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Report Title:
Substitute Teachers; Part-time Teachers; Compensation; Appropriation
Description:
Appropriates funds for retroactive pay for substitute and part-time teachers.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
