§302A-610 Job-sharing. (a) A job-sharing program is established in the department subject to the requirements in this section.
(b) The superintendent shall announce the job-sharing program to all full-time, tenured, certificated personnel of the department, excluding educational officers, and shall solicit the voluntary requests of personnel interested in participating in the program.
The superintendent, in consultation with the recognized employee bargaining units, shall formulate and adopt guidelines for the implementation of this section. Employees who respond to the announcement and other persons who request information shall receive a full written description of the terms of the program when the guidelines are finalized, and those persons desiring to participate may apply to participate in the program. The employees who apply for participation shall obtain the concurrence of their immediate supervisor, other appropriate personnel officers, and the superintendent. Those persons who qualify then shall be interviewed by a personnel officer of the department.
Upon the selection of a permanent, full-time employee for job-sharing, the superintendent shall convert the position of the employee into two job-sharing positions, one of which shall be filled by the employee, and the other by the hiring of a new hire or by another tenured, certificated employee of the department, excluding any educational officer.
A person hired to fill a job-sharing position shall be recruited through this section and shall possess the minimum requirements of the full-time position that was converted into a job-sharing position under this section.
(c) Benefits that can be divided in half, such as the number of days of sick leave, and are considered to be an equitable share when divided, shall be computed on that basis. Benefits that cannot be divided, such as eligibility for membership in the public employees' health plan shall be given to the job-sharers without the foregoing division, notwithstanding any provision of chapter 87 or 88 to the contrary. The newly hired job-sharer shall be excluded from collective bargaining under chapter 89.
The full-time permanent employee shall not lose membership in an employee bargaining unit because of participation in this program, any other law to the contrary notwithstanding. Union membership or service fees paid by the job-sharer under this section shall be at a level consistent with normal union membership dues or service fees. The State's contribution to the job-sharers' prepaid health, prepaid dental, and group life insurance plans shall be the same as for full-time employees, any other law to the contrary notwithstanding. Job-sharers shall be covered under chapter 386 and the applicable provisions of chapter 383. Service credit for the tenured teacher participating in the program under this section shall be given on the same basis as that for full-time employees. Nothing in this section shall be construed, however, to vest any person with any rights to permanent employment status, whether under civil service or otherwise, which did not exist prior to the participation of the person in the job-sharing program. The granting of tenure shall be under applicable statutes. No full-time position shall be abolished or reduced to a half-time position except for the purpose of job-sharing. In a reduction-in-force procedure, consideration of a job-sharer's tenure rights shall be on the same basis as that of a full-time employee. Nothing in this section shall impair the employment or employment rights or benefits of any employee.
(d) Tenured employees sharing full-time positions with other tenured employees shall not be required to relinquish their duty-free period. The job-sharing team shall submit to its principal a job-sharing proposal that preserves its duty-free period and meets the educational needs of its students. Where the job-sharing team cannot reach a reasonable scheduling agreement, the team may agree to waive its contractual rights by executing a contract waiver.
(e) Participation in the program shall require the commitment on the part of all parties to a contractual agreement for one year; provided that the employee shall be given the option to renew the contract for another year, subject to approval by the immediate supervisor and personnel officer of the department.
(f) No job-sharing position committed to a specified period of time under the terms of the contractual agreement shall be converted to full-time status before the termination of the contractual agreement. A job-sharing vacancy created by the resignation, retirement, or other permanent or temporary severance of employment with the department on the part of any person may be filled by the department either through recruitment of another person pursuant to this section, or by increasing the remaining half-time job-sharing person to full-time employment by mutual agreement.
(g) Upon the termination of contractual agreements, all job-sharing positions shall be renegotiated or reconverted to full-time positions, and the employees who held the full-time positions prior to their participation in the job-sharing program under this section shall be entitled to resume their positions without loss of previous tenure or other employee rights.
(h) Beginning with the 2002-2003 school year, this section shall be interpreted as though the term "certificated" read "licensed" as the latter term is used in subpart D, and as circumstances require. [L 1996, c 89, pt of §2; am L 2001, c 312, § §7, 13; am L 2002, c 16, §32]
Note
Chapter 87 referred to in subsection (c) is repealed.
Structure Hawaii Revised Statutes
302A-121 Board of education; members; student and military representatives.
302A-122 Board of education; eligibility.
302A-123 Board of education; terms.
302A-124 Board of education; organization; quorum; meetings.
302A-125 Board of education; vacancies.
302A-126 Board of education; qualifications; administration priorities.
302A-127 Board of education; senate advice and consent.
302A-201 Statewide performance standards.
302A-251 School year; student hours.
302A-321 Standards-based curriculum.
302A-322 American Sign Language.
302A-323 Computer science; curricula plan; public schools.
302A-402 and 302A-403 REPEALED.
302A-405 School cafeterias; funds; expenditures.
302A-405.5 Hawaii farm to school program; farm to school coordinator.
302A-405.6 Farm to school meals.
302A-406 Transportation of school children.
302A-407 School bus contracts.
302A-407.5 School bus fare revolving fund.
302A-408 After-school and weekend programs.
302A-409 and 302A-410 REPEALED.
302A-411 Kindergarten program; establishment; attendance.
302A-412 Blind or visually handicapped concessionaires.
302A-414 Courses for instructors in driver education.
302A-415 Motor vehicles for driving instruction; purchase and sale.
302A-416 Driver education fee.
302A-417 Traffic safety education.
302A-418 and 302A-419 REPEALED.
302A-421 to 302A-423 REPEALED.
302A-425 Licensure of private trade, vocational, or technical school.
302A-426 Suspension and revocation of license; procedure.
302A-427 and 302A-428 REPEALED.
302A-430 Coverage for workers' compensation.
302A-431.5 to 302A-431.8 REPEALED.
302A-432 Adult and community education authorized.
302A-433 Scope of adult and community education programs offered.
302A-434 Advisory council for adult and community education.
302A-435 Financing adult and community education program.
302A-436 Departmental duty toward exceptional children.
302A-438 Facilities, service, when required.
302A-439 Eligibility standards.
302A-440 Coverage for workers' compensation of an exceptional child.
302A-441 Studies, surveys, rules.
302A-442.5 Instructional materials; exceptional children.
302A-444 to 302A-446 REPEALED.
302A-447 State student council.
302A-448 Schools; career pathways, academies, and programs; commercial enterprises.
302A-449 Title I-funded prekindergarten.
302A-450 Public prekindergarten classrooms; annual report to the legislature.
302A-461 Gender equity in athletics.
302A-464 to 302A-467 REPEALED.
302A-471 to 302A-475 REPEALED.
302A-482 Affidavit for caregiver consent.
302A-484 Transfer by the department of education.
302A-491 Power of attorney for special education.
302A-492 Revocation of the power of attorney for special education.
302A-493 Appointment of an educational representative; conditions.
302A-494 Reconsideration of the need for an educational representative.
302A-495 Decisions by guardian.
302A-496 Duties and roles of the agent and educational representative.
302A-497 Educational information.
302A-500 Prohibited activity; permitted disclosures and uses; limitations.
302A-602 Teachers; licenses and certificates.
302A-602.5 Certificates; revocation.
302A-603 Teaching without certificates or licenses; penalty.
302A-604 Complex area superintendents.
302A-605 Principals and vice-principals.
302A-608 Reemployed teachers; rights.
302A-609 Causes for discharge or demotion; preferred eligibility list.
302A-611 Authorized leaves of absence; tenure status unaffected.
302A-612 School teachers afflicted with tuberculosis.
302A-613 Exchange teachers and educational officers; terms of contract.
302A-614 Sabbatical leaves authorized.
302A-615 Pay while on sabbatical.
302A-616 Conditions of sabbatical leave of absence.
302A-618 Classification, teachers.
302A-619 Classification, educational officers.
302A-620 Classification/compensation appeals board; adjustments to classification/compensation plan.
302A-621 Salary; deputy superintendent, assistant superintendents, complex area superintendents.
302A-623 Salary ranges, educational officers.
302A-624 Teachers' salary schedule.
302A-625 Educational officers' salary schedules.
302A-627 Salary ratings of entering or reentering teachers; credit for military service.
302A-628 Change in classification.
302A-629 Educational officers; demotion, transfers.
302A-630 Teachers; additional benefits or credits.
302A-632 Additional benefits to certain school personnel and teachers.
302A-633.6 Allocations for coaches.
302A-634 and 302A-635 REPEALED.
302A-638 Evaluation of teachers and educational officers.
302A-639 Houseparents; statewide center for students with hearing and visual impairments.
302A-641 Meal count assistants, adult supervisors, and classroom cleaners; minimum wage.
302A-701 Incentive packages for quality teachers, principals, and vice-principals.
302A-702 Candidates for certification.
302A-703 Educational officers, salary incentives.
302A-704 Tuition assistance for exemplary teachers to attend the University of Hawaii.
302A-706 Teacher national board certification incentive program.
302A-707 Felix stipend program special fund.
302A-708 Career development opportunities.
302A-709 Computer science teacher development programs.
302A-801 Hawaii teacher standards board established.
302A-802 Licensing and certification standards; policies.
302A-803 Powers and duties of the board.
302A-804 Powers and duties of the department, commission, and charter schools.
302A-805 Teachers; license or permit required; renewals.
302A-805.6 Efforts related to teacher quality.
302A-807 Refusal, suspension, revocation, and reinstatement of licenses.
302A-832 Teachers' housing program; administration.
302A-833 Teachers' housing revolving fund.
302A-835 Annual review; disposal of units.
302A-851 Purpose; establishment of program.
302A-852 Teenage health program.
302A-853 Administration of medication.
302A-854 School health aides; compensation.
302A-856 Youth suicide awareness and prevention protocol.
302A-901 Specific definitions.
302A-1002 Reporting of crime-related incidents.
302A-1003 Indemnity upon reporting.
302A-1004 Educational accountability system; annual reports.
302A-1004.5 Accurate data reporting.
302A-1005 Reconstituting schools.
302A-1101 Department of education; board of education; superintendent of education.
302A-1102 Department of education; statewide administrative services.
302A-1105 and 302A-1106 REPEALED.
302A-1106.5 Board of education; community meetings.
302A-1107 to 302A-1109 REPEALED.
302A-1110 Educational districts not applicable.
302A-1111 Duties of superintendent.
302A-1114 Power of appointment, removal.
302A-1116 Authority to create temporary positions.
302A-1118 Publications by department.
302A-1120 Public library system; board control.
302A-1123, 302A-1123.5, and 302A-1123.6 REPEALED.
302A-1124 Mandate to initiate school community councils.
302A-1125 Educational objectives.
302A-1126 Waiver of policy, rule, or procedures.
302A-1128 Department powers and duties.
302A-1129 Schools; opening and closing.
302A-1130 Public schools special fees and charges.
302A-1130.6 Curricular materials fee special account.
302A-1132 Attendance compulsory; exceptions.
302A-1133.5 Parent and guardian accountability for compliance with student code of conduct.
302A-1134 Exclusion from school.
302A-1134.6 Zero tolerance policy
302A-1137 Attendance records; availability to authorized police officers.
302A-1138 Permit to leave grounds.
302A-1139 Religious education.
302A-1140 Religious holy days.
302A-1141 Punishment of pupils limited.
302A-1141.3 Use of seclusion, chemical restraint, or mechanical restraint prohibited.
302A-1143 Attending school in what service area.
302A-1143.5 Career and technical education programs; enrollment.
302A-1145 Transfer to another school.
302A-1147 Use of school grounds by county recreation departments.
302A-1148 Use of school facilities and grounds.
302A-1148.5 Use of school grounds; assumption of risk.
302A-1149 Use of school facilities for after-school child care.
302A-1149.5 After-school plus program revolving fund.
302A-1151 Sale of school lands unnecessary for school purposes.
302A-1151.2 School facilities subaccount.
302A-1151.5 Use of vacant public school facilities.
302A-1151.6 Parking; control by department.
302A-1152 Unauthorized vehicles on school or public library grounds.
302A-1153 Vandalism damage to public school property.
302A-1154 Immunization upon attending school; tuberculosis clearance.
302A-1155 Provisional attendance at school.
302A-1157 Exemptions from immunization; not recognized; epidemic conditions.
302A-1158 Immunization of indigent children.
302A-1159 Physical examination required.
302A-1160 Student's health record.
302A-1161 Notification for noncompliance.
302A-1165 Standardized assessment for students entering kindergarten.
302A-1166 Prior early learning programs attendance disclosure.
302A-1181 to 302A-1192 REPEALED.
302A-1301 School system financial accountability.
302A-1301.5 Curricular materials; digital format.
302A-1302 and 302A-1303 REPEALED.
302A-1303.5 Committee on weights.
302A-1303.6 Weighted student formula.
302A-1305 Inactive student activity accounts.
302A-1306 and 302A-1307 REPEALED.
302A-1310 Out-of-school time instructional programs; funds, expenditures.
302A-1311 Appropriations for trust funds of the department of education.
302A-1312 Six-year program and financial plan for school repair and maintenance.
302A-1314 Hawaii 3Ts school technology laboratories fund.
302A-1401 Administration and use of federal funds.
302A-1402 Custodian of federal funds.
302A-1403 Authority to secure federal funds.
302A-1404 Federal impact aid military liaison.
302A-1405 Federal grants revolving fund.
302A-1406 Department of education federal revenue maximization program revolving fund; established.
302A-1501, 302A-1501.5, and 302A-1502 REPEALED.
302A-1503 Donated school equipment and fixtures; repair and maintenance responsibility.
302A-1504.5 School-level minor repairs and maintenance special fund; reporting of carry over funds.
302A-1506 Public school facilities.
302A-1506.2 Property acquisition, use, and disposition.
302A-1507 Classroom cleaning project; established.
302A-1508 Education design and construction project assessment fund.
302A-1509 Environmentally-sensitive cleaning and maintenance products for use in public schools.
302A-1510 Sustainable schools initiative.
302A-1603 Applicability and exemptions.
302A-1604 Designation of school impact districts.
302A-1605 Impact fee analysis.
302A-1606 Land component impact fee; determining the amount of land or fee in lieu.
302A-1607 Construction cost component impact fee; determining the amount of the fee.
302A-1608 Accounting and expenditure requirements.
302A-1610 Credits for land dedication.
302A-1612 Use of data reflecting recent conditions in impact fee calculations.
302A-1702 School facilities authority; established.
302A-1704 School facilities authority board.
302A-1705 Use of public lands; acquisition of state lands.
302A-1706 School facilities special fund.
302A-1802 Student conference committee.
302A-1803 Duties of the student conference committee.
302A-1804 Student conference advisory committee.
302A-1902 Mark licensing agreement program; established.