Bill Text: HI SB3089 | 2024 | Regular Session | Amended

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Bill Title: Relating To Education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-03-07 - Referred to LGO/EDN, JHA, referral sheet 16 [SB3089 Detail]

Download: Hawaii-2024-SB3089-Amended.html

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THE SENATE	S.B. NO.	3089
THIRTY-SECOND LEGISLATURE, 2024		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EDUCATION.

 

 

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

 

     SECTION 1.  The legislature finds that some teachers who face severe allegations, such as sexual harassment of a student, exploit the existing education system by resigning or retiring before they can be formally terminated.  This practice not only obstructs the pursuit of justice but also allows these teachers to potentially continue their careers in other states or private schools without any consequences.  Requiring teachers who have resigned or retired in lieu of termination during the pendency of the investigation to have their teaching license revoked is imperative to address a critical issue within the State's education system.

     The legislature recognizes that it is essential to rectify this dangerous loophole.  It is unacceptable for teachers accused of serious misconduct to evade accountability by relocating to different jurisdictions or institutions.  Requiring the revocation of these teachers' teaching licenses ensures that their names are added to the National Association of State Directors of Teacher Education and Certification database, which maintains an interstate agreement with the Hawaii teacher standards board.  This, in turn, will ensure that potential employers are aware of the unlicensed status of these teachers, making it significantly more challenging for these teachers to secure employment in any educational setting.  This Act is a necessary step to preserve the integrity of the teaching profession and protect students from potential harm, and thus uphold ethical standards and accountability within the education system.

     SECTION 2.  Section 302A-602, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-602  Teachers; licenses and certificates.  (a)  No person shall serve as a teacher in the department without first having obtained a license from the Hawaii teacher standards board in [such] the form as the Hawaii teacher standards board determines.  The department shall establish types of certificates in the educational field and the requirements to qualify for those certificates issued to individuals who are not required to obtain a license pursuant to sections 302A-801 to 302A-808.

     (b)  Beginning with the 2002-2003 school year, no person paid under the salary schedule contained in the unit 5 collective bargaining agreement shall serve as a teacher in the department without first having obtained a license pursuant to sections 302A-801 to 302A-808 from the Hawaii teacher standards board in [such] the form as the Hawaii teacher standards board determines.

     (c)  Beginning with the 2002-2003 school year, the department may employ unlicensed individuals as emergency hires pursuant to sections 302A-801 to 302A-808.

     (d)  Any person paid under the salary schedule contained in the unit 5 collective bargaining agreement shall have the person's license revoked by the Hawaii teacher standards board if the person resigns or retires during the pendency of any investigation into allegations of sexual assault, sexual harassment, or other physical abuse of a student, including criminal and workplace investigations. 

     (e)  Any individual who retires or resigns from teaching before the completion of any investigation into allegations of sexual assault, sexual harassment, or other physical abuse of a student, shall surrender their Hawaii teaching license and the Hawaii teacher standards board shall report the surrender to the National Association of State Directors of Teacher Education and Certification."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on April 14, 2112.

 

 

 

Report Title:

Department of Education; HTSB; License Revocation

 

Description:

Requires that licensed teachers have their license revoked by the Hawaii Teacher Standards Board if the teacher is resigning or retiring during the pendency of any investigation into allegations of sexual assault, sexual harassment, or other physical abuse of a student.  Requires a licensed teacher to surrender their license if the teacher retires or resigns from teaching before the completion of an investigation.  Requires the Hawaii Teacher Standards Board to report the surrendered license to the National Association of State Directors of Teacher Education and Certification.  Takes effect 4/14/2112.  (SD2)

 

 

 

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