Lawmakers expressed support Wednesday for writing into state law high-stakes evaluations for teachers that take into account student academic growth, but questioned how the state Department on Education would follow through with the reforms.
Several state legislators pointed to the continued lack of performance contracts for principals, which were required under a 2004 state law.
"It’s just puzzling for me to know that we have a law on the books, and it’s not being followed," said state Rep. Mark Takai, a member of the House Committee on Education, at a hearing Wednesday. "I’m not confident right now in understanding how we’re going to get to where we need to go."
The effort to require the new teacher evaluations in state law — and spell out that the rating system will be used for decisions such as compensation, tenure and, in the case of ineffective teachers, dismissal — comes amid growing doubt nationally about Hawaii’s ability to meet its ambitious pledges under the Race to the Top grant program.
A host of delays in meeting Race initiatives prompted the U.S. Department of Education in December to put the state’s $75 million Race grant on "high-risk status" and warn officials the money could be lost if more progress is not made.
State Superintendent Kathryn Matayoshi told lawmakers that putting elements of the Race to the Top plan in law would hold the state to its word and send a strong signal to Washington, D.C., that Hawaii is committed to education reforms.
"There is some concern from the U.S. Department of Education on whether we can reach the ultimate goal of a (performance-based) rating system" for teachers, Matayoshi said.
Lawmakers considered two measures Wednesday, one that as written would do away with tenure for public school teachers, and a second that would require the department to implement teacher evaluations in which 50 percent of a rating is based on student achievement, such as test scores.
Decisions on both measures were deferred until Monday.
State Rep. Roy Tokumi, chairman of the House Education Committee, said though he introduced the tenure bill, he is not interested in getting rid of tenure.
He told about 50 attendees at the hearing that the measure will be re-written, potentially to require that the department make it more difficult for teachers to earn tenure protections.
"At the end of the session, we’ll see what we have," he said.
The measure spurred a strong negative response from teachers, hundreds of whom submitted written testimony to voice their concerns.
Matthew Pounds, a teacher for eight years, charged the Legislature with going on a "witch hunt."
"To assume that tenure exists to protect bad teachers is not only false, it’s laughable," he said.
Julie Reyes Oda, a math teacher at Campbell High School, said the measure adds insult to injury, following several years of pay cuts and furloughs for teachers.
"Let the teachers bargain over their working conditions and stop trying to take a back door to get things done," she said in written testimony.
Hawaii State Teachers Association President Wil Okabe said at the hearing that he was heartened to hear legislators weren’t looking to end tenure, but added that he believes any changes to tenure protections are matters of collective bargaining.
"It is a mandatory subject of bargaining," he said.
Okabe also opposed creating laws requiring performance evaluations for teachers, saying the measure that calls for the reforms, part of the governor’s package of bills, will not afford teachers an opportunity for input.
He added, "At this time, we oppose the bill. HSTA believes the creation of a performance management system will take more time."
When asked how much more time the union would need, he responded, "The best I can say is that HSTA is willing to work with the department to develop the evaluation tool. I think once we are able to do that, I’m sure we will have some kind of agreement."
Meanwhile, Matayoshi tried to reassure lawmakers that the department can make good on reforms, and said it is interested in lengthening the years of service it takes for teachers to earn tenure — from two to at least three years.
She also acknowledged that a continuing labor dispute has caused delays in moving forward with revamped teacher evaluations.
Last month, teachers overwhelmingly rejected a proposed six-year contract that included several elements of Hawaii’s Race to the Top plan, including a new evaluation system, a performance-based compensation system and changes to tenure rules.
Teachers continue to work under a "last, best and final" contract offer with wage reductions that was imposed by the state in July.
In response to questions about the continued lack of performance-based contracts for principals, Matayoshi told the committee, "We know that is an IOU."
She said negotiations are under way on the effort, and implementation will likely be in line with the timeline for teacher performance-based evaluations.
As part of Race to the Top education reforms, the state has pledged to move all teachers to revamped evaluations by 2014, and tie the effectiveness of teachers to salary incentives and other high-stakes decisions.
In recent months, performance evaluations for teachers have emerged as the highest profile element of the state’s Race to the Top efforts, in large part because of the ongoing labor dispute with teachers, which has raised questions about how the rating system will move forward.
