The Hawaii State Teachers Association asked its members to vote again in May on the tentative settlement agreement teachers shot down in January. The union shared this "Reconsideration" document with its members. It includes the tentative settlement agreement overview, contract changes with rationale, a salary schedule worksheet and more.
ICT role in 21st century education and it's challenges.
HSTA's May 2012 Reconsideration Document
1. Reconsideration
Tentative Settlement
Between
The Hawaii State Teachers Association
And
The State of Hawaii Board of Education
May 2012
2. INTRODUCTION
This document includes information on the Tentative Settlement Agreement for the 2011-2017 HSTA Contract
and highlights the changes to the 2009-2011 Collective Bargaining Agreement Articles and Memoranda of
Understanding (MOU).
The document is formatted into four (4) sections designed to help members find items of special interest:
I. Tentative Settlement Agreement Overview, Pages 2-3
II. Contract Changes with Rationale, Pages 4-13
III. Salary Schedule Worksheet, Pages 13-14
IV. Exhibits (Salary), Pages 15-19
TABLE OF CONTENTS
Page Page
Agreement Overview 2-3 Salary Schedule Worksheet 13-14
Association Representatives 11 Special Education Related 10
Contract Duration 4 · Conferences 10
Exhibits (1-4) 15-19 · SpEd Staffing Allocation MOU 10
Funding MOU 12 Subcontracting MOU 12
MIsc. Memoranda of Understanding 12 Teaching Conditions 8-10
Performance and Evaluation 7-8 · 12-month Teachers 8
· New Performance Evaluation System 7 · Counselors 8
· Probationary Teachers 8 · Duty Free Lunch 9
Race to the Top Implementation MOU 12 · Planning / Collaboration Days MOU 9
Reasonable Suspicion Testing for Drug & 11 · Preparation Equipment 9
Alcohol · Preparation Period 9
Salary, Compensation, & Health 4-6 · Student Discipline 9
· 2011-2013 Salary 4 · Student Instructional Time MOU 10
· 2013-2017 Salary 5 · Yard Duty & Student Supervision 10
· Annual Step Movements 5 Temporary Assignment as EO 12
· Alignment to “Appropriate Step” 5 Transfers & Assignment 11
· Hard-to-Staff Differential MOU 5 · Charter School Conversion - Staff Reduction 11
· Health Care 6 · Staff Reduction 11
· HTSB Licensing Renewal Fees MOU 6 · Transfer Grievances 11
· Leave Days 6
· Job Embedded PD Program MOU 6
-1- Tentative Settlement – May 2012
3. OVERVIEW HSTA Tentative Settlement Agreement (page 1)
Contract Duration: Six (6) years, effective July 1, 2011 through June 30, 2017.
Salary & Compensation:
• School Years 2011-2013 - 5% pay cut similar to all other public employee unions
o 2012-2013 - four (4) supplemental time off (STO) days – extra days off given in recognition
of the pay cut and restored workdays
• School Years 2013-2017
o All salary reductions eliminated
o July 1, 2013 - New Salary Schedule (See Exhibit 2 & 3)
Annual Step Movements, except those at the top of the salary schedule (T26)
Movement towards “appropriate rate” of pay for years of service
• January 2013 or January 2015 contract reopener allows for HSTA to negotiate increased
compensation.
• Starting 2012-2013, Probationary Teacher Bonus ($2500) upon completing 6 semesters and
gaining tenure.
• Health Benefits (EUTF): contributions set at 50% Employer and 50% Employee split on premiums.
Teacher Performance and Evaluation – The following are highlights of new changes:
• The current Evaluation System (PEP-T) continues for school years 2011-2012 and 2012-2013.
• 2011-2013 pilots for development of new evaluation model
o During pilot, teachers in pilot evaluation schools held harmless.
• 2013-2014 - the Employer will implement a new performance-based annual evaluation system:
o 50% based on teacher practice indicators
o 50% based on teacher’s contribution to student learning and growth using multiple measures (not
just HSA test scores)
o Joint committee review for design, validity, and reliability of the new system
All new changes to Teacher Performance and Evaluation above DO NOT diminish or weaken
existing teacher protections and due process rights.
o “No teacher may be rated less than satisfactory without proper documentation.”
o “No teacher shall be adversely evaluated without proper cause”
o For unsatisfactory performance evaluations, teachers have clearly defined due
process protections under Article VIII, P. Performance Judge
Planning and Collaboration (P/C) Days:
• Effective July 1, 2011, two (2) P/C days will be converted into students’ instructional days from 178 to
180 days, but teachers’ work year remains at 190 days for both years.
• Effective July 1, 2013, two (2) P/C days will be restored up to full complement of four (4).
Job -Embedded Professional Development Program: Shall be established by July 1, 2014 to provide
opportunities for teachers to reclassify through job-embedded professional development and activities.
12-month Teachers: Separate salary schedule established to ensure retirement calculation benefit.
Leave Days: Increased number of days that can be converted from sick leave.
• Increase from five (5) to six (6) sick days that can be used for Personal/Professional Leave days.
• Increase from three (3) to four (4) Personal/Professional Leave days that may be taken in half-day
increments.
-2- Tentative Settlement – May 2012
4. OVERVIEW HSTA Tentative Settlement Agreement (page 2)
HTSB Licensing Renewal Fees: paid by Employer for those with an “effective” or better performance
evaluation rating beginning 2014-15.
Hard-to-Staff Differential: $1,500 for each year of the 6-year contract for those teachers in qualifying
complexes.
Teacher Preparation Period:
• Increase daily preparation period from 40 to 45 minutes; may be aggregated weekly and redistributed.
• Administration may use up to six (6) teacher preparation periods.
• Establishes definition of “common” and “floating” preparation.
• Makes permanent teachers’ right to determine where and how preparation time will be utilized.
Charter School Conversion School Staff Reduction Rights: Tenured teachers employed at a DOE school which
is converting to a public charter school shall be afforded the option to be placed in another DOE school.
Race to the Top (RTTT) Implementation MOU: Any collective bargaining issues related to RTTT must be
negotiated.
Yard (Recess) Duty & Student Supervision: All teachers shall be included in yard duty, no more than once
every 5 days; exceptions for small schools, grade level chairs, & department heads without extra prep periods.
Counselors: Ensure adequate space to provide counseling in a confidential manner and access to a lockable
file cabinet to secure such information.
Student Instructional Time (Act 167, Act 52) MOU: Negotiate impacts that Act 167 and Act 52 have on
teacher working conditions and parties will jointly pursue legislative appropriations necessary for funding.
SpEd Staffing Allocation MOU: Agree to consult and confer on necessary changes to the 2003 SpEd Staffing
Allocation Formula.
Subcontracting MOU: Negotiate a supplemental agreement on the parameters by which teachers duties may
be subcontracted.
Student Discipline: Administration shall handle student discipline referrals in a timely manner, and the teacher
will be notified of principal’s decision prior to student being returned to class.
Reasonable Suspicion Testing for Drug and Alcohol: Procedures for drug and alcohol testing will be based on
reasonable suspicion, maintaining constitutional rights of teachers, and ensuring due process protections.
Temporary Assignment as EO: Teachers who accept a temporary assignment as an Educational Officer for
ninety (90) days or more shall be temporarily moved out of Bargaining Unit 05.
Special Education: SpEd and 504 Conferences will continue to be scheduled by mutual consent.
Duty Free Lunch: Any time in excess of any single thirty (30) minute lunch period shall also be duty free.
Preparation Equipment: Modernize language to include computer, software, and printing.
Arbitration of Transfer Grievances: Should be completed on or before July 15.
-3- Tentative Settlement – May 2012
5. Contract Duration: (modifies Article XXIV – Duration, pg. 59)
Six (6) years, effective July 1, 2011 through June 30, 2017. A contract reopener in January 2013 or January
2015, to negotiate across-the-board increases, increases to hard-to-staff incentives and supplemental pay.
Reopener shall not be used for any decreases or reductions. Additional reopeners are identified in MOUs.
Rationale: A six (6) year contract allows HSTA members to secure pay raises for 2013-2017 in advance of other
state employee groups going into the 2013-2015 contract negotiations. A six (6) year contract allows for
movement to a new salary construct with realignment to appropriate years of service and implemented annual
increments. A reopener option allows for HSTA to negotiate increased compensation.
Salary, Compensation, and Health: (modifies Article XVII – Salaries; pp. 54-56)
2011-2013 SALARY: Reconfiguration of 5% Labor Cost Savings Each Year
1st Year – School Year 2011-2012
• Five (5) DLWOPs: 7/28/11, 7/29/11, 10/10/11, 12/16/11, 1/03/12
• Two (2) teacher work days with no change in pay:
o March 9: Teacher Directed Planning (TDP) day. [note: day was taken as a regular DLWOP]
o May 25: (last day of school): Teachers report to worksite to complete requisite teacher initiated
activity; receive one (1) STO day.
• 12-month teachers, above, plus: June 22 – one-half (1/2) TDP day; June 29 - one (1) TDP day.
2nd Year – School Year 2012-2013
• Three (3) teacher work days restored (beginning of school year, day between semesters, last day of school)
o No change in pay
o Report to worksite to complete requisite teacher initiated activity; receive three (3) STO days.
• Four (4) Teacher Directed Planning (TDP) days with no change in pay, with dates to be determined.
• All teachers shall take the three-and-a-half (3.5) hours of TDP.
• All 12-month teachers will take an additional one and a half (1 ½) days of TDP days with no change in pay.
Definitions:
Teacher Directed Planning (TDP) day: It is a teacher work day; however the location of work is at the teacher’s
discretion. Teachers may work from home, a remote location, or at worksite.
Supplementary Time Off (STO): Are paid time off days, to be taken at the teacher’s discretion. Each teacher
will have four (4) total STO days to be taken between the date of ratification and the end of school year 2012-
2013. Any unused days will be forfeited. There is no restriction on when an STO can be taken.
Rationale: In 2011, the State required temporary “labor savings” from all bargaining units to balance the
budget. The HSTA did not want the labor savings to come strictly from salaries, and agreed to a series of
DLWOP (furlough) days. Beginning July 1, 2011 through June 30, 2013, the parties agreed to a temporary
labor savings of 5% each year (i.e. 5% reduction from the current salary schedule, Exhibit 1). Effective July 1,
2013, 5% is restored back.
-4- Tentative Settlement – May 2012
6. Salary, Compensation, and Health: Continued
2013-2017 SALARY – Reference Salary Schedule Worksheet
Annual Salary Step Movements Starting July 1, 2013:
• Annual step movements equivalent to 1% go into effect, except Instructors and those at top of
salary scheduled (T26)
• To qualify, must receive an “effective” or better rating each year.
Rationale: Tying step movement to satisfactory evaluation is NOT NEW to the HSTA contract. Since 2001 the
HSTA contract has required satisfactory evaluation for any step movements.
The new salary schedule implements annual step movements, and will do the following:
o Recognize and honor a teacher’s years of service and commitment.
o Assure annual step movements for teachers up the career ladder.
o Reward teachers for their “effective” teacher rating each year
Alignment to “Appropriate Step”:
Teachers shall transition to the new teacher annual rate salary schedule over a period of four years, beginning
July 1, 2013. The transition schedule shall provide for step movements over the four year period in
accordance with the salary adjustment schedule (Exhibit 4).
Rationale: The new salary schedule (Exhibit 2 & 3) reflects steps for both probationary (P) and tenured (T)
teachers. The transition schedule (Exhibit 4) moves teachers towards their “appropriate step” placement
reflecting a teacher’s years of service.
3rd Year – School Year 2013-2014
• 5% salary reductions eliminated
• Salary rate restored, as reflected in the current salary schedule (See Exhibit 1)
• Realignment/Step movement to new salary schedule construct (See Exhibits 2 & 3)
• July 1, 2013 begins alignment to “appropriate step” (See Exhibit 4)
4th – 6th Year – School Years 2014-2017
• Alignment to “appropriate step”
• Annual Step Movement(s)
Hard-to-Staff Differential: (Amends Appendix X – Recruitment/Retention Incentive for Hard-to-Staff Locations; pg. 84)
The “Hard-to-Staff” differential is $1,500 for each year of the 6-year contract for those teachers in qualifying
complexes. Reopener to increase this is possible in January 2013 or January 2015.
Rationale: In School Year 2010-2011 the differential was suspended, with no differential paid. We will have the
opportunity to revisit this differential with the reopener.
-5- Tentative Settlement – May 2012
7. Salary, Compensation, and Health: Continued
Health Care: (Amends Article XVIII – Hawaii Employer-Union Health Benefits Trust Fund; pg. 57, Deletes
Appendix XVIII VEBA Trust Fund, pgs. 95-99)
EUTF contributions are set at 50% Employer and 50% employee split of total premiums, plus administrative
fees and any future increases. Employer shall pay 100% for life insurance premiums.
Rationale: We recognize that the rising cost of health premiums are a major concern of our members. The
“favored nations” clause in the HGEA contract prevents HSTA from negotiating any change in the 50%
Employer / 50% employee contributions to the 2011-2013 contract. period.
HTSB Teacher Licensing Fees Memoranda of Understanding (MOU): (New)
Effective School Year 2014-2015 and thereafter, the Employer shall pay to The Hawaii Teacher Standards
Board license renewal fees for all teachers at T1 level or higher on the salary schedule provided they received
an “effective” or “highly effective” rating pursuant to Article VII, in the year preceding the year of renewal.
Rationale: In looking at additional means of compensation and in line with other employers that require
licensure for continued employment, the parties agreed to Employer payment of licensing fees. While this
payment is not retroactive, going forward it will save teachers hundreds of dollars.
Leave Days: (Amends Article XII – Leaves, D. Professional Development Leave; pg. 48)
Increases the number of days which can be converted from sick leave to personal or professional leave.
• Increase from five (5) to six (6) sick days that can be used for Personal/Professional Leave days.
• Increase from three (3) to four (4) Personal/Professional Leave days that may be taken in half-day
increments.
Rationale: Provides more flexibility for teachers to take leave for personal and professional reasons.
Job-Embedded Professional Development Program Memoranda of Understanding (MOU): (New)
The parties recognize the value of developing teacher leaders at the school level. Participation in school level
activities contributes tremendously to the skill and knowledge of a teacher and the effectiveness of the school
community. The parties shall meet to discuss and develop a list of activities that can be used as a basis for
reclassification, including job-embedded professional development and activities that contribute to the
professional development of a teacher. The list shall be approved by the Superintendent, in the
Superintendent’s sole discretion. The Department will establish the program no later than July 1, 2014.
Rationale: This MOU is an opportunity to recognize the value of work done by teachers at the school level. It
will provide a means to earn PD credit to use towards reclassification which, in turn, can improve salary.
-6- Tentative Settlement – May 2012
8. Teacher Performance and Evaluation: (Amends Article VIII – Teacher Performance; pp. 38-41)
Teacher Performance and Evaluation – The following are highlights of new changes:
• The Current Evaluation System (PEP-T) continues for school years 2011-2012 and 2012-2013.
• 2011-2013 pilots for development of new evaluation model
o During pilot, teachers in pilot evaluation schools held harmless.
• 2013-2014 - the Employer will implement a new performance-based annual evaluation system:
o 50% based on teacher practice indicators
o 50% based on teacher’s contribution to student learning and growth using multiple measures (not
just HSA test scores)
o Joint committee review for design, validity, and reliability of the new system
All new changes to Teacher Performance and Evaluation above DO NOT diminish or weaken
existing teacher protections and due process rights.
o “No teacher may be rated less than satisfactory without proper documentation.”
o “No teacher shall be adversely evaluated without proper cause”
o For unsatisfactory performance evaluations, teachers have clearly defined due
process protections under Article VIII, P. Performance Judge
NEW Teacher Performance Evaluation System Language (Actual Language):
R. New Teacher Performance Evaluation System
1. The new performance-based system, implemented statewide in 2013-14 and thereafter,
will result in an annual rating on a four point scale: highly effective, effective, marginal,
and unsatisfactory.
a. The evaluation rating will be based 50% on teacher practice indicators which may
include: completion of meaningful professional development that is applied to
practice; structured collaboration with colleagues focused on improving practice and
student outcomes; evidence of reflective practice; teacher leadership in the school,
district and education community; collaborative projects with institutions of higher
education; and positive engagement with students, parents and colleagues.
b. The evaluation rating will be based 50% on the teacher’s contributions to student
learning and growth. Indicators must consist of multiple measures: statewide
assessment and a menu of other student learning objectives that may include
teacher created assessments, district/school assessments, student work, teacher
defined student objectives for individual student growth.
2. The performance-based evaluation components will be based on a two-year pilot during
the 2011-12 and 2012-13 school years. During the 2012-13 pilot, the evaluation rating
will be based 60% on teacher practice, contribution to school and profession, and
teacher growth and 40% on the teacher’s contribution to student learning outcomes.
3. During the pilot years, the information and data that are collected shall be used for
formative development of the evaluation, and there will be no adverse consequences to
individual tenured teachers for their annual ratings on the performance-based
evaluation.
-7- Tentative Settlement – May 2012
9. 4. The design, validity, and reliability of the new performance based evaluation system will
be reviewed at least twice a year by a joint committee of DOE, HSTA and other
community entities for improvement of design and implementation.
Teacher Performance and Evaluation: Continued
Rationale: Recent legislation at the state and national level, public opinion, and our own members’ feedback
make it clear that education reform is on everyone’s agenda. A significant part of the education reform
movement across the country is revamping teacher evaluation systems. In Hawaii’s Race to the Top (RTTT)
grant, “the parties agree to develop the instrument jointly and negotiate, where appropriate, implementation
of the new evaluation system.”
Although this new evaluation system has yet to be developed, pieces of it are currently being piloted. This
tentative agreement provides that teachers are held harmless during the pilot years. Furthermore, this
negotiated framework ensures that multiple measures of student growth will be used to protect teachers
from an over reliance on HSA scores as a sole measure of student growth. Finally, the framework recognizes
the importance of design, validity, and reliability of a new evaluation system.
Probationary Teachers: (Amends Article VI – Teaching Conditions & Hours, JJ, Probationary Credit; pg. 31)
• Teachers hired prior to the 2012-2013 school year, and holding a current and valid license from HTSB,
shall serve four (4) satisfactory semesters in order to earn tenure upon reemployment.
• Effective school year 2012-2013, a newly-hired teacher holding a current and valid license from the
HTSB shall serve six (6) “effective” semesters of probation (as defined in Article VIII - Teacher
Performance). Upon reemployment, teacher shall earn T1 level status on the July 1, 2013 salary
schedule. (See Exhibit 2)
o Upon earning T1 status, the teacher shall be eligible for a two thousand five hundred dollar
($2,500) bonus to be awarded no earlier than September 15th of T1 year.
• For purposes of this agreement, T1 status or higher will equate to “tenure”.
Rationale: This is a recruitment and retention tool, that rewards newly hired teachers for successful
completion of probation and earning tenure.
Teaching Conditions
12-month Teachers: (moves language from Appendix VIII. Multi-Track Year Round Schools, pg. 75 to a new Article)
• A 12-month teacher salary schedule will be established.
• New Article regarding 12-month compensation & benefits will be placed into the body of the
Agreement.
Rationale: This change only affects 12-month teachers. It is a change that has been needed for many years as
the current 12-month teacher language has been embedded in the rainbow teacher language in the back of
the contract making it difficult to find. This change also establishes a separate salary schedule, which is
important to establish 12-month salary rates of pay for accurate retirement calculation.
Counselors: (Amends Article VI, V; pg. 21)
-8- Tentative Settlement – May 2012
10. Ensure adequate space to provide counseling in a confidential manner and access to a lockable file cabinet to
secure such information.
Rationale: Improves the ability of counselors to conduct their duties in a confidential manner.
Teaching Conditions: Continued
Duty Free Lunch: (Amends Article VI, Y; pg. 22)
Any time in excess of any single thirty (30) minute lunch period shall also be duty free, except in those small
schools where it would be impractical or prohibitive to do so.
Rationale: Narrows the exception of yard duty after a teacher’s 30-minute duty free lunch to ONLY small
schools.
Planning and Collaboration Days: (Amends Appendix XIII – School Planning/Collaboration Days; pg. 88)
• Effective 7/1/11, two (2) Planning and Collaboration (P/C) days will be converted into students’
instructional days from 178 to 180 days, but teachers’ work year remains at 190 days for both years.
• Effective 7/1/13, two (2) P/C days will be restored up to full complement of four (4) P/C days.
Rationale: The conversion of the two PC days in 2011-2013 school years allows for 180 student days to be in
compliance with Act 167. Both parties recognize the need for professional development as such the days are
restored going forward from school year 2013-14. This restoration will impact student instructional days. As
such, refer to the MOU requiring negotiations on the impact of Act 167, 2012, and Act 52, 2011.
Preparation Equipment: (Amends Article VI. L; pg. 17)
Modernize language to include computer, software, and printing.
Rationale: To update equipment technology at the worksite.
Preparation Period: (Deletes Appendix IX - Preparation Periods and inserts pertinent language in Article VI –
Teaching Conditions & Hours, X. Preparation Periods; pg. 21)
Increase daily preparation period from 40 to 45 minutes; however, may be aggregated to 225 minutes weekly
and redistributed. School administrators may use up to six (6) teacher preparation periods. Codifies definition
of “common” and “floating” preparation, and reaffirms teachers’ right to determine where and how
preparation time will be utilized.
Rationale: In addition to the increase in time, this change moves the preparation period language about where
and how preparation time is utilized from the appendix into the main body of the contract.
Student Discipline: (Amends Article XI; pg. 46)
Administration shall handle student discipline referrals in a timely manner, and the teacher will be notified of
principal’s decision prior to student being returned to class.
Rationale: This language is an important change in improving response time and notification from
administration related to student discipline.
-9- Tentative Settlement – May 2012
11. Teaching Conditions: Continued
Student Instructional Time (Act 167, 2010 and ACT 52, 2011) Memoranda of Understanding MOU: (NEW)
With the enactment of Act 167, 2010 and Act 52, 2011 that sets expectations and standards for student
instructional time, there is a commitment by the parties to fulfill legislative mandates.
To this end, the parties agree to negotiate a supplemental agreement regarding the impacts that Act 167,
2010 and Act 52, 2011 have on teacher working conditions, and jointly pursue legislative appropriations
necessary for funding.
Rationale: Ensures collective bargaining protections.
Yard (Recess) Duty & Student Supervision: (Amends Article VI – Teaching Conditions and Hours, Z. Non-
Professional Duties and Student Supervision; pg. 23).
• All teachers shall be included in Yard Duty, except Grade Level Chairs and Department Heads who do
not have extra preparation periods.
• Yard Duty shall be no more than once every five (5) days, or no more than 1/5 of total days per
quarter.
• Exception may be made for small schools with 250 or less students where it may be impractical.
Rationale: This change makes a more equitable distribution of yard (recess) duty among teachers.
Special Education Related
Special Education/Rehabilitation Act/ Section 504 Conferences: (Deletes Appendix XIV and inserts pertinent
language which amends Article VI.HH; pg. 28)
• Title: Special Education Committee, add the word “Committee”
• SpEd and 504 Conferences will continue to be scheduled by mutual consent of teachers and parents.
Rationale: The language on conferences was formerly in Appendix XIV. The language is now embedded into
the main body of the contract.
SpEd Staffing Allocation Memoranda of Understanding (MOU): (New)
The parties share a mutual interest to maintain essential special education services that can adequately meet
the needs of students with special needs. There is recognition that this is more challenging given the State’s
current economic condition and reduction in available funding. To this end the parties agree to consult and
confer on necessary changes to the 2003 SpEd Staffing Allocation formula. Such consult and confer shall be
concluded by April 30, 2012.
- 10 - Tentative Settlement – May 2012
12. Rationale: This requires the Employer to consult with the union over changes to the SpEd staffing allocation.
While the date of April 30, 2012 has passed, the intent will still be pursued.
Transfers & Assignment
Staff Reduction: (Deletes Appendix VII - Middle Schools, moving pertinent language to Article VII, E.; pp. 33-34)
• District unassigned teachers shall not have priority into middle school vacancies. Vacancies at middle
schools shall be open and made available only under the normal Assignment and Transfer process.
• Reaffirms that staff-reduced elementary teachers will maintain their option to seek a 6th grade
vacancy.
Rationale: For clarity, this moves important provisions from the Appendix into the main body of the contract.
Teachers at Charter School Conversion Schools: (Amends Article VII - Assignments and Transfers, E.; pp. 33-
34)
Tenured teachers employed at a DOE school moving to conversion as a public charter school shall be afforded
the option to be placed in another DOE school as an unassigned staff reduced teacher, pursuant to the new
2012 staff reduction guidelines. Priority placement for these teachers shall only be available during the
Assignment and Transfer period of the charter school conversion transition year.
Rationale: The language related to the middle schools was moved from the Appendix into the main body of the
contract. The language about the charter school teachers is an important protection option for those teachers
who do not want to leave the DOE.
Transfer Grievances: (Amends Article VII - Assignments and Transfers, C.; pg. 33)
Grievances dealing with transfer period issues, if arbitrated, should be completed on or before July 15.
Rationale: To address transfer grievances in a timely manner, to be completed before new school year begins.
Other Miscellaneous Changes
Association Representatives: (Amends Article IV – Association Rights, B.; pg. 3)
For common reference, “Association Representative” shall include field representatives, union representatives
and UniServs. If required by administration, verification will be given.
Rationale: To expand the description of Association Representatives.
Reasonable Suspicion Testing for Drug and Alcohol: (Deletes Appendix III. Drug & Alcohol Testing, creates a
New Article for Reasonable Suspicion Testing for Drug and Alcohol)
Procedures for drug and alcohol testing will be based on reasonable suspicion; thus, maintaining constitutional
rights of teachers, and ensuring due process protections. Procedures will be made available for reference on
the HSTA Members-Only web site.
- 11 - Tentative Settlement – May 2012
13. Rationale: Resolves litigation over the constitutionality of random drug testing and creates a new Article with
detailed procedures for reasonable drug and alcohol testing. Ensures fair and objective reasonable suspicion
testing.
Other Miscellaneous Changes - Continued
Temporary Assignment as EO: (Amends Article I – Recognition; pg. 1)
• Teachers who accept a temporary assignment as an Educational Officer for ninety (90) days or more
shall be temporarily moved out of Bargaining Unit 05 for the remainder of their appointment, with
their bargaining unit seniority in Unit 05 frozen for duration of appointment.
• Where the performance of temporary EO duties involves personnel-related matters of DOE employees,
the temporary EO shall not be entitled to HSTA representation.
Rationale: To clarify the bargaining unit designation for temporary Educational Officers (Administrators)
Memoranda of Understanding (MOU)
Funding Memoranda of Understanding (MOU) – (New)
References the legal requirement under HRS § 89-10 (b) and (c), that funding to implement negotiated cost
items are subject to legislative appropriation.
Rationale: Moves funding language from the body of the agreement to the Appendix. The language restates
the statutory requirement for the legislature to fund all cost items, which applies to all bargaining units.
Race to the Top Memoranda of Understanding (MOU): (NEW)
The parties agree to negotiate a supplemental agreement over collective bargaining issues related to Race to
the Top implementation as soon as possible, convening no later than opening of the 2012 Teacher Assignment
and Transfer period.
Rationale: Ensures collective bargaining protections.
Subcontracting Memoranda of Understanding (MOU): (New)
The parties believe in the value of effective teaching, as provided by professional educators. The role of the
teacher is integral to personalizing the learning of students. The parties also recognize that personalization in
the 21st century will be a constantly evolving and changing process. To this end, the parties agree to negotiate
a supplemental agreement on the parameters by which teachers duties may be subcontracted. Such
negotiations shall be concluded by June 30, 2015.
Rationale: To protect HSTA members and bargaining unit positions.
Memoranda of Understanding (MOU) Not Previously Mentioned
• Ad Hoc Committee - Appendix II - Renewed
• Exceptions to Agreement – Appendix IV - Renewed
• Experimental Transfer Program – Appendix V – Language clarified and Renewed
• Flexible Work Schedule for Resource Teachers – Appendix VI - Renewed
• Multi-Track Year-Round Schools – Appendix VIII - Renewed
• Recruitment / Retention for Licensed Special Education Teachers – Appendix XI - Renewed
- 12 - Tentative Settlement – May 2012
14. • School-Based Budgeting – Appendix XII - Renewed
• Supplementary Pay – Appendix XV - Renewed
• Support for Appropriate Inclusive Practices – Appendix XVI – Not Renewed
• Teacher Evaluation – Appendix XVII – Not Renewed
• Walkthroughs – Appendix XIX - Renewed
Salary Schedule Worksheet
What you need:
1. Your current Class and Step (Form 5 Personnel Action)
2. Your years of service (See your SASA)
3. Exhibits 1-4 (Tentative Settlement) See Exhibit 3 for 12-month employees
Example: Ed is an Elementary Education teacher from Maui. He has now (May 2012) been teaching for 18
years. He is currently at Class VI Step 9 and is a 10-month employee.
Purpose: By understanding how Ed completed his Worksheet, you will be able to understand how to
accurately complete your worksheet. (See "EXAMPLE: Ed" for a visual display)
Step Ed's Worksheet Your Worksheet
1. In Exhibit 1, use your current Step and Class to
find your salary on the 2009 salary schedule. $59,010
2. In Exhibit 2, using your same Class column, find
the closest salary to yours without going under
$59,147
your "Exhibit 1" amount.
(Use the answer from question #1)
3. In Exhibit 2, find the number in the grey column
(on the left) that corresponds with the answer to
11 years
question #2.
In Exhibit 2, The grey column reflects the number of years of "True-up"/Appropriate step.
*Note: Most teachers are not making the salary that correctly corresponds with the correct number of years
of service. The "True-up" addresses the inequities that will be further addressed in subsequent contracts.
4. How many years of service would you have by
the end of School Year 2016-2017? 18 + 5 = 23 years
5. Use the answers from questions #3 & #4 to
determine how many steps are needed to get to
your appropriate step.
23 - 11 = 12 steps
#4________ - #3_________ = _______
6. Using Exhibit 4, how many steps will you move in
this contract? 9 steps
7. Using Exhibit 2, what is the salary that you will $59,147 + 9 steps =
end up with at the end of this contract? $65, 267
- 13 - Tentative Settlement – May 2012
15. $65, 267 - $59,010 =
#7 - #1 = Total Gain $6,257
EXAMPLE: Ed (The purpose of this sample is to understand the process of finding your salary)
Step
#1
#4
(Thinking)
Step
#5
Step
#7
Step
Step #2
#3
- 14 - Tentative Settlement – May 2012