Report Title:

Constitutional Amendment; Board of Education

 

Description:

Proposes a constitutional amendment that provides for the elimination of the statewide board of education, replacing it with seven local elected boards to formulate district wide educational policy, exercise control over budgetary and personnel matters, and appoint district superintendents.

 

THE SENATE

S.B. NO.

509

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 2 AND 3, OF THE HAWAII CONSTITUTION RELATING TO THE BOARD OF EDUCATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to propose an amendment to article X, sections 2 and 3, of the Constitution of the State of Hawaii to provide for the elimination of the current statewide board of education, replacing it with seven local boards elected by the people. The seven local boards would have the power to formulate district wide educational policy, exercise control over budgetary and personnel matters, and appoint district superintendents as the chief executive officer of each district.

SECTION 2. Article X, section 2 of the Constitution of the State of Hawaii is amended to read as follows:

"[BOARD] BOARDS OF EDUCATION

Section 2. There shall be [a board] seven local boards of education, each composed of members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from [two at-large] the particular school board [districts .] district as follows:

(1) The first school board district shall be comprised of the [island of Oahu and all other islands not specifically enumerated. The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law. There shall be at least one member residing in each departmental school district.] county of Hawaii;

(2) The second school board district shall be comprised of the county of Maui;

(3) The third school board district shall be comprised of the county of Kauai;

(4) The fourth school board district shall be comprised of that portion of the island of Oahu comprised of the Honolulu departmental school district;

(5) The fifth school board district shall be comprised of that portion of the island of Oahu comprised of the central departmental school district;

(6) The sixth school board district shall be comprised of that portion of the island of Oahu comprised of the leeward departmental school district; and

(7) The seventh school board district shall be comprised of that portion of the island of Oahu comprised of the windward departmental school district.

The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on [the] each board of education."

SECTION 3. Article X, section 3 of the Constitution of the State of Hawaii is amended to read as follows:

"[POWER] POWERS OF THE [BOARD] LOCAL BOARDS OF EDUCATION

Section 3. The [board] seven local boards of education shall each have the power, as provided by law, to [formulate statewide]:

(1) Formulate educational policy[;] for their respective districts;

(2) Exercise control over budgetary and personnel matters for their respective districts, provided that:

(A) Each school board district shall be provided by the state legislature with annual allocations based on a per-pupil ratio, and shall be awarded capital improvement project allocations as necessary; and

(B) Collective bargaining and health, safety, and federal compliance shall remain centralized and administered by a centralized department of education compliance office. The current employees of the centralized department of education shall be transferred to the seven school board districts as administrators, teachers, or support staff, as necessary, as provided by law; and [appoint the]

(3) Appoint a district superintendent of education as the chief executive officer of [the public school system.] the particular school board district."

SECTION 4. The question to be printed on the ballot shall be as follows:

SECTION 5. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 6. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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