§302B-10  Civil service status; employeerights.  (a)  Civil service employees of department schools shall retaintheir civil service status upon the conversion of their school to a conversioncharter school.  Positions in a conversion charter school that would be civilservice in a department public school shall be civil service positions andsubject to chapter 76.  An employee with civil service status at a conversioncharter school who transfers, is promoted, or takes a voluntary demotion toanother civil service position shall be entitled to all of the rights,privileges, and benefits of continuous, uninterrupted civil service.  Civilservice employees of a conversion charter school shall have civil servicestatus in the department's civil service system and shall be entitled to allrights, privileges, and benefits as other civil service employees employed bythe department.  Exempt employees as provided in section 76-16(b)(11)(B) of aconversion charter school shall have support services personnel status in thedepartment's support services personnel system and shall be entitled to allrights, privileges, and benefits as other exempt employees employed by thedepartment in their support services personnel system.

(b)  The State shall afford administrative,support, and instructional employees in charter schools full participation inthe State's systems for retirement, workers' compensation, unemploymentinsurance, temporary disability insurance, and health benefits in accordancewith the qualification requirements for each.

(c)  The department, to the extent possible,shall provide its position listings to the office and any interested localschool board of any charter school.

(d)  The department, in conjunction with theoffice, shall facilitate and encourage the movement of instructional personnelbetween the department and charter schools; provided that:

(1)  Comparable and verifiable professionaldevelopment and employee evaluation standards and practices, as determined andcertified by the office, are in place in charter schools for instructionalstaff;

(2)  Licensed charter school teachers, as determinedby the Hawaii teacher standards board, who are not yet tenured in thedepartment and are entering or returning to the department after full-time employmentof no less than one full school year at a charter school, shall be subject tono more than one year of probationary status; and

(3)  Tenured department licensed teachers, asdetermined by the department, who transfer to charter schools shall not berequired to serve a probationary period. [L 2006, c 298, pt of §2]