Um the problem being that some of them we're just looking at the list um because we were asked to look and we looked at the list and there's a secondary mathematics teacher teaching second grade and and there's teachers for secondary math or English teaching special ed. That's a problem. So that's something we're looking but it's not our decision because by law emergency hire permit they can be the DOE can hire them and put them there. But um that's concerning for us because we're about high quality education and that's the vision and mission of the Hawaii Teacher Standards Board. So thank you. >> Probably call you back for questions. Okay. >> Uh Christina Sablan in support testifying for the legal clinic. Not here. Okay. And we have one, two, three others that have uh signed up. Um one opposed and two in support. They're not here to testify.
Anyone else here wishing to testify on this measure? Okay. If not, um, you want to come back up members, any questions? No. Okay. So, if this bill is not needed, then why why do we have why do you think these bills have been introduced? I don't know. I mean, honestly, um, maybe because they're not aware that it's already available and already happening and the board already has that authority, perhaps. Um there is a teacher shortage and we are concerned with that and we have been working on apprenticeship and writing grants and everything trying to get our grow our own that Kadani started out in on the west side. We're still trying to grow that still and we're trying to actually fund it because we found one of the problems was that these teachers during student teaching they weren't paid. So but through the apprenticeship program they have to be paid.
They can't leave the classroom. And that was why we went for that because we realized that was a burden to them and a barrier. So we are trying but just in different ways. >> Okay. Well, it's just that you know it's come to our attention and obviously that's why the bills are here that there seem to be a lot of obstacles and so we're trying to you know work around those and a lot of times we end up having to do legislation because one sometimes that just having a bill introduced will bring up the discussion and maybe change can happen. Uh other times it is because people are frustrated because things aren't moving the way it should be. Um so then we have more than one as you can see there's two and I know there were other bills uh that was introduced like this.
Um, you know, we had a situation where we we had a complaint that um this teacher has been teaching and then went to get her her credentials um or her license and then um she was denied and the and the remedy was that she had to repeat her student teaching. But she's already teaching and she's been teaching. So to me and then she'd have to pay more money to get that student teaching. And so sometimes I guess what I'm trying to say is that the board we need to be able to get the board to look at some of these cases and be flexible because we do have a teacher shortage and we do need good teachers in the classrooms and when they cannot get their license after jumping through all the hoops then it it's it's even more exacerbated for them as well as for for the students.
>> Yes, Senator Kedani. >> So is there an appeal process for these teachers? >> There is. And how how many of them go through the appeal process and when? >> That's a good question. I haven't looked, but there have been a few that have been um they present their case to the board and they do let them have an additional year, but there is a there is a way that they can do it if they meet the criteria. >> So So does HSTA um assist these teachers to help? >> I'm with HTSB now, but HSTA does try to assist. Yeah. Is there is there an agency that can help them through the process? Cuz some of these uh teachers are not citizens >> and they want to become citizens and stay here and teach and we God help us know that we need the teachers.
>> I agree. And so we have been as a board we have been helping them by telling them early on like what they need to do, giving them links to the approved programs if they need them, but most of them from other countries don't need them. They just need to take the practice. Um we recently saw an email that DOE is offering them study help which I think is ideal um that they get this study help and some have even taken their practice before like at least one of the practice before they came to the US and that was a good thing. So they need more support and guidance. Some principles have been really good about um paying for the practice once they pass as well. I think they use title two funds for that. At least that's what my principal used to do. Senator Ash.
>> So, I'm confused. You're saying that some principles are passing are paying for it, but when your executive director was here, she said everyone gets it. So, what's the truth? >> You would have to ask the DOE because I don't know. >> Your executive director is the one who said that. >> I don't know. >> Maybe you should go back and you should find out what she meant by that because >> she knows about that particular subject. I'm sure you go back to the tape and go watch. She said that they pay right for and if you want to take the practice the DOE reimbures now >> blanket statement and now you're saying it's only served in schools. I that's my >> personality the crux of the whole issue is you ca we came we had this bill last year it's a year later I'm still trying to grasp what did HTSB do in that one-year period to make any progress in this space any progress >> for the teacher shortage we've been working on the apprentichip specific I've heard in the teacher apprenticeship program that you guys can't even spend on the money >> we're not allowed to spend on it until consult and confer is finished which it's finally finished but now we wait for the unions to Okay.
And so so when are you going to start spending down that money? >> Once they sign. >> Okay. So So my point is what have you done in the last year? That's tangible. >> Believe me, we've been working on that a lot. That's part of >> But if you've done nothing, if you've done nothing though because if if you're just waiting, that does not help us in this situation. So that's why I'm just if your board doesn't understand why it's important. I don't see why they're not here to understand what our questioning is, what our concerns are. reading the testimony. >> Just so you know, they did set up an appointment with your office. >> I understand it. It's about time. They met with They're setting it up because they want confirmation before this committee. There's no one who's been proactive about the J1 program.
>> They want to make sure they understand everything and they're come before this committee for confirmation. And now we're going to ask the tough questions of why they didn't do anything over the last year. Right. So I I just want tangible information, right? You guys put a moratorum in place on new teacher training programs. You're relying on the DOE, right, to to do the training to to study for the practice. Why didn't HTSB do something like that? If you feel it is so important, why didn't you start doing some type of pathway training to help these individuals who want to get their practice, you know, help them? Help them other than just guiding them. Why don't you set up some type of class for them, right? Be proactive. That's all we're asking you to be is be proactive. Be proactive. >> Thank you, chair. >> You're welcome.
Any others? If not, thank you very much. >> Thank you. Great. >> See you know others. I'm going to ask for your indulgence. I know you folks, some of you here have been waiting a long time. We do have a measure right after is Senate Bill 2549. This is on student transportation and Senator um Hashimoto has some amendments for that and he has to leave um to catch a plane. So I'm going to take it out of order just that one. We only have three testimonies. Should go fast. So Senate Bill 2549. 2549. Student transportation authorized Department of Education to hire a new contractor if a contractor under a student transportation contract fails to provide service on a contracted route for five or more consecutive instructional days requires the department to assess a penalty if a contractor fails to provide service on a contracted route without approved uh justification.
And so we have attorney general uh Anne Huruchi on this measure. Thank you for being here in person. >> Good afternoon, Chair Kim, Vice Chair Kedani, members, and Horuchi from the Attorney General's office. Um, on this measure, what we noted is that um, it establishes significant consequences for non-performance. Um, to promote clarity and reduce the likelihood of disputes, we thought it would be best to um, add a section to the bill that requires express reference to the new statute in DOE solicitations and contracts for student transportation services. and we provided language in our testimony. Okay, thank you. >> Thank you very much. We have Bonnie Kokoy on Zoom procurement office not here. Bonnie, >> good. Good afternoon, chair, vice chair, member of the committee. Bonnie Kokoy, administrator, state procurement office. We will stand by a written testimony providing comments. Thank you. >> Thank you. Jay Keith Hayashi for Department of Education.
Chair Kim, Vice Chair Kedani, Senator Hashimoto, Shantima, Assistant Superintendent, testify on behalf of the Department of Education. The department stands on its written testimony, which provides comments on this measure. We have concerns about removing individual bus routes given the current contract structure, which may put us at risk for improper termination of part of a contract. We also have concerns about procurement integrity and transparency with the 30-month procurement exception. And ultimately, we're not sure if this is the appropriate approach to use at this time to address the root cause, which is a nationwide school bus driver shortage. We stand by for questions. Thank you. >> Okay. Thank you very much. Anyone else wishing to testify on Senate Bill 2549?
Hearing none, we are open for questions. Senator Hashimoto, >> State Procurement, please. Bonnie, I don't know if you're still there. >> I'm still here. >> Can Can you elaborate on your concern with that it's it's redundant in the statute? So, do they does the DOE have some of these powers already to enforce these routes? >> Yes. I don't know what Thank you, Senator, for the question. I don't know what the actual solicitation said, but the statute and rules does allow the agency to terminate for default um for goods and services in part or in whole. So he depending how it's fashioned, they could have terminated the this part of the contract if those say those particular routes were not performing and there are they could have also used performance bonds. Again, I'm not sure if that was part of the original solicitation that if they did not perform, there was a fall back for them, but it already spelled out not only in the rules, uh, if they use the AG's terms and conditions, that's also spelled out in termination for default.
>> So, so why did why did we need when we had the bus shortage, why did we need an emergency proclamation from the governor then? I couldn't answer that because I'm not sure what superintendent uh said to the governor that prompted this, but again, that was it is allowed already in statute and rules. >> So, they they could take a current route if it's non-p performing, only a route, not the whole contract, and then they could they could find an alternative means to to fill that route with another vendor. >> Again, without knowing exactly what the contract said. the statute allows the root the rules and statutes allow for you to terminate in part or and or whole. So maybe that particular route was I don't know how they packaged together but it does allow them that option to terminate not they don't have to terminate the whole contract they could have terminated parts of it and it was up to the procurement officer to make that determination.
So can they do it temporarily or it has to be a straight cancellation >> temporarily cancel the contract? You can stop performance >> the portions or you can portion. >> Oh, the portions, >> right? Cuz we're trying to apply a real world, right? Real world example here, right? A bus route is not being, >> you know, fulfilled. So, you want to break off that route so you can actually get someone to do that route. So, all we're asking is can they do that? And if not, then maybe we do need this. But if you're saying it's there, then we need to understand that, too. the the rules allow you to temporarily suspend and the rules also allow you to issue a notice to cure. So you can issue a notice to cure saying if you don't if you don't make correct take corrective action within a certain time period we will go to default or to full termination.
>> Okay. Okay. Maybe we had to bring up DOE then. Okay. So, so DOE why why don't you use this more often then if you if you if they are claiming that you have this power. >> So just to clarify how our contracts are we don't contract by routes. No, I understand. Right, when we said we we you can break part of the contract up, right? We know that you're doing a whole probably I don't know complex area, but we're talking about if there's certain routes, which that's the problem, right? If you if you if you're non-performing, SPO is apparently claiming you can do that, >> but I we just need to understand why you're not doing that and what do you then need to then be able to just fill those routes. So going back to our contract again, we don't contract specific routes.
>> The contract structure, we contract drivers and buses. So basically what that allows us to do, the way we pay the contractor is basically in 4hour blocks. So we pay the the bus in 4-hour blocks. It's 2 hours in the morning, 2 hours in the afternoon. The contract doesn't have the specific routes. So what that does, it allows us to create the route and we can change routes. We can tell the bus company that we because we're short right now, we can say we want drivers on this route and not on that route. So we don't have specific routes in the contract. So that's why it's I know what you're what you're trying to do and we appreciate the effort. It's just that it doesn't fit the current contract structure. >> Okay. So So what do you need then? Because that's that was their question to the DOE.
What do you need? this is what you gave back and now you're saying you don't want it but we still have a problem. So the the question is is what do you need to for us to fix this problem and that if you need if there is an issue like this you have a pathway for remedy right we're asking you what is the remedy and you need to give us a solution because we're on year three of having bus problems right >> correct um well yes so as far as what we need and we don't want to do more of the same >> yes exactly That's why we have this bill, >> right? So, I know I know we I had shared in the previous testimony that it was a six-year downward trend in losing bus drivers. And so, that was that was a more of the same.
In six years, we lost 230 bus drivers. So, something different was done last year, which on credit to our bus companies, they worked with us and they provided significant financial incentives for the drivers. So they raised the wages, they gave paid training, they gave signing bonuses, they gave guaranteed hours. That's resulted in a big upswing. So with a six-year trend of losing 230 drivers in one year to now, we've gained 69 drivers. So to me, as far as what we need as far as a a bill like this, I think there already has been a change that has taken a place and it has resulted in an increase in bus drivers. I think I appreciate this extreme measure to basically force accountability on bus companies. I think it's good to have in our back pocket as something we may need down the line. I think at this time because our bus companies are working with us and doing something different and it's producing results.
I say we stay the course and let this work. >> And I don't buy that because part of the reason So what's going to happen is whenever you go in for a renewal, that's when you're going to have problems. So, so to me, you're looking at it in such a short-term view that you need to be looking at how do we fix the problem for the long term, right? Because that's when we had the big issues when we switched over contracts, right? So, if you're not thinking about that into the future and you think it's fine now, I'm very concerned, right? So, so you need to understand what are the structural changes that you need to completely fix the bus problem. It's, as I said, 3 years. I think the legislature is very tired of us getting the calls right before school because it's it's it's last minute, right?