HILO — The Hawaii State Teachers Association is up in arms over a bill that would require teachers to be on probation for three years before attaining tenure, and which would afford the state Department of Education the chance to
HILO — The Hawaii State Teachers Association is up in arms over a bill that would require teachers to be on probation for three years before attaining tenure, and which would afford the state Department of Education the chance to establish a teacher evaluation system.
Senate Bill 2789 passed through the state House Committee on Finance on Wednesday, and the HSTA responded by sending an email to its membership.
“Aloha Colleague,” the email reads. “We received disturbing news that at 2 a.m. this morning, a group of legislators passed out a teacher evaluation bill that would effectively strip teachers of the collective bargaining rights currently provided by law. According to a number of sources, this legislation would give the BOE unilateral rights to make changes to our contract without bargaining. This legislation is eerily similar to what was done to teachers in Wisconsin just one year ago.
“That this action takes place on the eve of our teacher team returning to the bargaining table with the BOE and the Governor (Thursday) is of great concern because it may have a chilling effect on the spirit of negotiations and once again send a message that teachers do not deserve the respect that fair collective bargaining laws provide.”
Calls to the HSTA on Thursday seeking more detail on the union’s position were not returned as of press time. Nor were calls returned by Big Isle legislators Rep. Jerry Chang or Rep. Mark Nakashima. An aide for state Sen. Malama Solomon said she was in a committee meeting and would not be available to talk by press time.
The most recent revision of the measure available on the Legislature’s website pinpoints three major purposes: To include “additional specified performance indicators” as part of Hawaii’s annual education assessment program; to include an evaluation of teacher effectiveness in the same assessment program; and to “establish annual performance ratings, using at least four performance levels, based on an evaluation of individual educator effectiveness,” the bill states.
Keaau High School teacher Russell Cummins said Thursday he opposes the bill and sent Stephens Media a copy of the testimony he intends to submit concerning SB 2789.
“Are you aware that almost half of the new teachers that begin their career in Hawaii public schools quit within five years?” he wrote. “Your proposed legislation to end tenure and take away collective bargaining rights for those who are currently tenured teachers, and to not allow future teachers to become tenured, will take away a basic fundamental process that is extremely important to those that have chosen, or may be considering, education as a career.”
“The Hawaii State Teachers Association has worked very hard to bargain for the rights of teachers in good faith through the collective bargining process and under the State of Hawaii Constitution. I do not want to lose this right through legislative mandates. Please stop legislation immediately from going forward that eliminates tenure and takes away collective bargaining rights of teachers. Tenure does not guarantee my job as an educator for life. It only ensures that a performance problem will not be handled unfairly, without a hearing and due process. I urge you to protect the right teachers.”
Testimony from Gov. Neil Abercrombie provided to the finance committee hearing this week explained his reasons for pursuing the legislation. He described it as “a priority bill” in his administrative package for the 2012 session.
The measure expands upon a 2004 state law that gave the DOE the ability to evaluate the effectiveness of complex area superintendents and principals, he explained. The addition of teacher evaluations takes into account new BOE policies that were adopted on Feb. 12 and which are currently “pending consult and confer with labor unions,” he said. “The BOE is expected to finalize these policies in mid-April.”
“Through consultation with the Attorney General’s Office, we confirmed the state’s authority to implement most aspects of the performance management system, with the exception of the effects of the evaluation of personnel (i.e., compensation). However, despite these clear guidelines in the law, the state’s position on the scope of management rights could be challenged. We cannot afford that delay,” he said.
The bill is an important step in clarifying the state’s authority, Abercrombie explained. And, he said, it is a step that needs to be taken soon: “Proposed provisions for teachers would begin no later than July 1, 2013, which is the period beyond the current employment terms for teachers.”
