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



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



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



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



(1)  Comparable and verifiable professional
development and employee evaluation standards and practices, as determined and
certified by the office, are in place in charter schools for instructional
staff;



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



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