Report Title:

Education Reform

 

Description:

Sets forth governance and management structure reform provisions for the department of education.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2037

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education reform.

 

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

SECTION 1. Short title. This Act shall be known as the Education Reform Act of 2003.

SECTION 2. Findings and statement of purpose. The legislature finds that there is a critical need to address the problem of governance and management structure for our public school system. As a highly centralized system, the department of education in this State is unique in the nation. While this system provides central financing and equitable distribution within the system, it also has serious drawbacks: overlapping authorities; ambiguous responsibilities; lack of accountability; micromanagement by bureaucrats and political interests; and unsatisfactory performance in many areas of education.

The legislature believes that this Act will go a long way toward reforming the education system and providing better accountability with clear lines of authority.

Instead of a board of education, the department of education will be headed by a superintendent appointed by the governor. The superintendent will assume all of the powers, duties, and responsibilities of the former board of education, and will be completely responsible for the activities of the department. The superintendent is authorized to appoint the necessary staff and expertise to assist in its many functions and duties. Further, the superintendent may appoint several advisory councils in various fields of interest to provide advice and assistance.

To implement the goals and aims of the department, the superintendent will appoint chief executive officers to manage and supervise fifteen school complex areas throughout the State. These chief executive officers will have broad powers and flexible authority to encourage, assist, and support the various schools within the complex areas. The principals, teachers, students, parents, and staff will have the help of school support offices that will serve as liaison with the department. State grants for incentive programs are provided, and reduction of red tape is also provided.

To assure financial autonomy, the department is provided with a dedicated source of revenues. A guaranteed percentage of the State's collection of general excise taxes will be set aside for the department of education. This will ensure that political pork barreling and micromanaging will be kept to a minimum.

The legislature believes that this Act will provide the basis for a new and improved governance and management structure for our public school system.

SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . School governance

§302A-A Department of education; superintendent. (a) There shall be a principal executive department to be known as the department of education, which shall be headed by a single executive to be known as the superintendent of education, who shall have general supervision and management of the department. The governor shall appoint and may remove the superintendent of education as provided in the Hawaii Constitution and section 26-34.

(b) In appointing the superintendent, the governor shall select a person who has demonstrated skills in administration, education, and professional responsibility. The governor may solicit advice and recommendations from any appropriate source regarding this appointment.

(c) The superintendent shall devote full-time to the duties of the superintendent, and shall hold no other public office or other employment during the superintendent's term of office.

(d) The superintendent shall be paid a salary set by the governor within the range of $         to $        . The superintendent shall be exempt from chapters 76 and 89, but shall be a member of the state employees' retirement system and shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State, including those under chapter 87.

§302A-B Superintendent; powers and duties. The superintendent shall be primarily responsible for the general supervision and management of the department and shall be accountable for all matters within the department. In addition, the superintendent shall:

(1) Establish such bureaus and other offices and employ such staff and consultants as may be necessary for the proper and efficient administration of the department;

(2) Propose a budget to the governor which shall reflect the goals and objectives of the department. Upon approval by the governor, the superintendent shall submit the department's budgetary proposals to the legislature;

(3) Analyze the present and future goals, needs, and requirements of public early childhood, elementary, secondary, and vocational-technical education in the State and establish comprehensive means to achieve a well-coordinated system of high achievement in public education;

(4) Prepare a six-year master plan for public early childhood, elementary, middle, high school, and vocational-technical education. The master plan shall include:

(A) Enrollment projections;

(B) Utilization of existing facilities;

(C) Promotion of research;

(D) Programmatic excellence;

(E) Community service activities and community school activities;

(F) Recommendations for the construction or acquisition of new facilities

(G) Program distribution; and

(H) The need for program revision, including the termination of absolute or unnecessarily duplicative programs.

The master plan along with an annual progress report shall reflect the goals and standards of the department;

(5) Receive reports, undertake research, and facilitate coordination among and between school complex areas;

(6) Assist school complex areas in the development of school/community-based management systems as provided in section 302A-1124. Such assistance shall focus on the implementation of participatory management systems involving all school-based professionals, parents, and on the secondary level, students;

(7) Facilitate partnerships of public early childhood, elementary, middle, high school, and vocational-technical schools with civic, conservation, business, cultural, and labor organizations, and with the University of Hawaii;

(8) Assess the effectiveness and monitor the improvement of the public schools in each complex area, including charter schools;

(9) Assess current programs of alternative education and shall develop a statewide action plan to expand and improve the delivery of alternative education programs;

(10) Recommend to the governor changes necessary to the competency determination as appropriate to reflect evolving notions of vocational education;

(11) Appoint independent fact-finding teams to assess the reasons for a school or school complex area's under-performance and assess prospects for school complex area improvement;

(12) Withhold state and federal funds from school complex areas and charter schools which fail to comply with the provisions of law relative to the operation of the public schools and charter schools or any rule of the superintendent;

(13) Establish the standards for the recognition of high achievement by students and school complex areas;

(14) Establish the process and standards for declaring a school or school complex area to be "under-performing" or "chronically under-performing";

(15) Review and approve federal grant applications for public early childhood, elementary, middle, high school, and vocational-technical schools, and develop guidelines as needed for the disbursement of those funds in accordance with law. The superintendent shall be the approving authority for all federal educational grants and programs to be undertaken by public early childhood, elementary, middle, high school, and vocational-technical schools. The superintendent shall be the state education agency for purposes of federal law;

(16) Establish guidelines for establishing systems of personnel evaluation, including teacher performance standards. Public school complex areas shall be encouraged to develop programs and standards, which provide for a more rigorous and comprehensive evaluation process. The guidelines shall be reviewed at least every other school year;

(17) Seek, accept, establish, and administer grants, gifts, awards, and trusts for public early childhood, elementary, middle, high school, and vocational-technical education from foundations, corporations, individuals, and federal agencies, and develop guidelines as needed for the disbursement of those funds in accordance with applicable law and pursuant to the terms of the grant, gift, award, or trust;

(18) Visit public schools in each school complex and meet with principals to discuss concerns relating to curricula, standards, school conditions, methods of instruction, and related areas, and review possible solutions; and

(19) Do any and all things necessary to carry out the purposes and exercise the powers given to the superintendent under this chapter.

§302A-C Advisory councils to state superintendent; membership; duties. (a) The superintendent shall establish advisory councils in the following areas: early childhood education, life management skills, home economics, educational personnel, fine arts education, gifted and talented education, math and science education, parent and community education and involvement, technology education, vocational-technical education, violence prevention, and adult basic education.

(b) The members of the advisory councils shall serve without compensation but may be reimbursed subject to appropriation for expenses necessarily and reasonably incurred in the performance of their responsibilities. Each council shall be composed of members who shall be appointed by the superintendent and who shall not, by virtue of their membership, be deemed state employees. The complex area chief executive officers may recommend names to the superintendent. Members shall be appointed by the superintendent for a term of three years. No member shall serve for more than three consecutive terms. The members serving on the councils may be professional educators, parents, students, or other interested persons. A reasonable balance of members representing business, labor, civic, educational, parental, and professional groups shall be maintained. Members serving on the councils shall represent a reasonable geographic balance.

(c) The members of the council on educational personnel shall have demonstrated scholarship, creativity, or distinguished service in education, and shall be broadly representative of all areas of public education.

(d) The members of the council on technology education shall have demonstrated scholarship or creativity in, or distinguished service to technology education, and shall be broadly represented in all areas of technology education.

(e) The members of the council on math and science education shall have demonstrated scholarship or creativity in, or distinguished service to science or mathematics.

(f) The advisory council on early childhood education shall include a member representing private early childhood education providers and a member representing the Head Start and Good Beginning Alliance programs.

(g) The duties of the advisory council on vocational-technical education shall be performed by the state council on career and technical education and coordinating advisory council as constituted under federal career and technical education law.

(h) The advisory council on violence prevention shall include one deputy prosecuting attorney, one deputy attorney general, two teachers of public schools, one principal of a public school, one police chief, and one student enrolled in secondary public school.

(i) The superintendent shall appoint the chair of each council. The superintendent or the superintendent's designee shall serve as the secretary to each council.

(j) Each council shall make such programmatic recommendations as it deems necessary to fulfill the goals established by the superintendent.

(k) The superintendent may establish such other advisory groups as may be necessary to assist in developing educational plans or programs to advance the purposes of the department. The superintendent shall communicate this information to the school principals and teachers in each school complex.

§302A-D School complex areas; establishment. There shall be fifteen school complex areas in the State as follows:

(1) Kauai school complex area, which shall include all schools within the county of Kauai;

(2) Maui school complex area, which shall include all schools within the county of Maui;

(3) Hawaii school complex area, which shall include all schools within the county of Hawaii;

(4) Leeward school complex area, which shall include all schools within representative districts          on Oahu;

(5) Central school complex area, which shall include all schools within representative districts          on Oahu;

(6) Windward school complex area, which shall include all schools within representative districts          on Oahu;

(7) Honolulu school complex area, which shall include all schools within representative districts          on Oahu; and

(8) Eight additional school complexes to be determined by the superintendent.

§302A-E School complex areas; chief executive officers; appointment and qualifications. (a) The superintendent, with the approval of the governor, shall appoint the chief executive officer of each school complex area and fill any vacancy occurring in that position.

(b) In appointing chief executive officers, the superintendent shall select persons on the basis of their knowledge, experience, or proven expertise in administration, management, and professional responsibility.

(c) The chief executive officers shall devote full-time to their duties and shall hold no other public office or other employment.

(d) The chief executive officers shall be paid salaries set by the superintendent within the range of $       to $      . The chief executive officers shall be exempt from chapters 76 and 89, but shall be members of the state employees' retirement system and shall be eligible to receive the benefit of any state or federal employees benefit program generally applicable to officers and employees of the State, including those under chapter 87.

§302A-F Chief executive officers; appointees; powers; duties. (a) Each chief executive officer shall appoint a chief financial officer, a chief academic officer, a chief operating officer, a chief communications officer, and any other administrators for the complex area as the chief executive officer determines to be necessary.

(b) Each chief executive officer shall contract for or employ such consultants, counsel, or other outside parties as in the chief executive officer's reasonable judgment shall be necessary to design, implement, or evaluate the plan for the school complex area and to properly operate the school complex area.

(c) Each chief executive officer, in consultation with the department of education, shall set goals for the complex area's educational, financial, and management progress and establish accountability standards with which to measure the complex area's progress.

(d) Each chief executive officer shall develop, implement, and regularly update a plan to measure student academic performance at each school within the complex area. Subject to chapter 89, where measurements demonstrate that students in particular schools are not achieving, or are not improving their achievement levels at an acceptable rate, the plan shall contain provisions requiring the chief executive officer to take corrective action within those schools, including reallocation of academic and financial resources, reassignment of staff, redesign of academic program, and deploying additional assistance to students.

(e) Annually, each chief executive officer shall issue a report to residents of the complex area that includes results of achievement measurements made under this section and delineates the nature of any reforms and corrective actions being taken in response to any failure to achieve at an acceptable level or rate. The report shall also contain descriptions of efforts undertaken to improve the overall quality or efficiency of operation of the complex area, shall list the source of all complex area revenues, and shall contain a description of all complex area expenditures during the preceding fiscal year.

(f) Each chief executive officer shall implement a public awareness campaign to keep the parents and guardians of the complex area's students informed of the changes being implemented within the complex area. The campaign may include such methods as community forums, letters, and brochures, and may include the annual distribution to all parents and guardians of an information card specifying the names, business addresses, and telephone numbers of the ombudspersons appointed under this section and other employees of the complex area who may serve as information resources for parents and guardians.

(g) In addition to the other duties specified in this section, each chief executive officer shall:

(1) Exercise supervision and control over all schools within the school complex area;

(2) Visit each public school in the complex area at least six times a year, noting the methods of instruction, the textbooks used, and the discipline and general condition of the schools;

(3) Give teachers and school officers such directions in the science, art, and methods of teaching, and in regard to courses of study, as the chief executive officer deems expedient;

(4) Act as the official adviser and assistant of the school officers and teachers in the complex area. In the performance of this duty, the chief executive officer shall carry out the advice of the superintendent;

(5) Conduct a teachers' institute, aid and encourage the formation of other teachers' meetings, and assist in their management;

(6) Labor in every practicable way to elevate the standard of teaching and improve the condition of the schools of the complex area; and

(7) Inspect and survey all public schools within the complex area and notify the superintendent of the need for repairs and maintenance.

§302A-G Rules. The superintendent shall adopt rules pursuant to chapter 91 as may be necessary to implement this part."

SECTION 4. Section 26-12, Hawaii Revised Statutes, is amended to read as follows:

"§26-12 Department of education. (a) The department of education shall be headed by [an executive board to be known as the board of education.

Under policies established by the board, the superintendent] a single executive to be known as the superintendent of education, who shall administer programs of education and public instruction throughout the State, including education at the preschool, [primary, and secondary] elementary, middle, and high school levels, adult education, school library services, health education and instruction (not including dental health treatment transferred to the department of health), and such other programs as may be established by law.

(b) The state librarian, under policies established by the [board of education,] superintendent, shall be responsible for the administration of programs relating to public library services and transcribing services for the blind.

(c) The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.

(d) The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.

(e) The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.

(f) Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services, the [board of education] superintendent may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.

(g) Notwithstanding any law to the contrary, the [board of education] superintendent may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the [board of education] superintendent on matters relating to public library services in their respective county."

SECTION 5. Section 302A-604, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-604[]] [District superintendents.] Chief executive officers. (a) The superintendent of education, with the approval of the [board,] governor, shall appoint [district superintendents] chief executive officers for [schools.] each school complex area in accordance with section 302A-E.

(b) In addition to any other duties specified in section 302A-E, the chief executive officers shall supervise the delivery of administrative and instructional support services, within their respective areas, which shall include:

(1) Personnel, fiscal, and facilities support;

(2) Monitoring of compliance with applicable state and federal laws; and

(3) Curriculum development, student assessment, and staff development services."

SECTION 6. Section 302A-1102, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1102[]] Department of education; statewide and regional [administrative services.] administration. (a) The department shall serve as the central [support] system responsible for the overall [administration] execution of statewide educational policy, including the interpretation[,] and [development] implementation of academic standards [for], monitoring of compliance with state and federal laws, and [coordination and] preparation and execution of a [systemwide] statewide budget for the public [schools.] school system.

(b) The department [may] shall establish [regional administrative units to provide administrative support to the schools for personnel, fiscal, and procurement services.] school complex areas to supervise the delivery of administrative and instructional support services, within their respective areas, which shall include:

(1) Personnel, fiscal, and facilities support;

(2) Monitoring of compliance with applicable state and federal laws; and

(3) Curriculum development, student assessment, and staff development services.

The [regional administrative units] school complex areas may also be assigned responsibility for the administration and operation of special education programs [and special schools]."

SECTION 7. Section 302A-1101, Hawaii Revised Statutes, is repealed.

["§302A-1101 Department of education; board of education; superintendent of education. (a) There shall be a principal executive department to be known as the department of education, which shall be headed by an elected policy-making board to be known as the board of education. The board `shall have power in accordance with law to formulate statewide educational policy, adopt student performance standards and assessment models, monitor school success, and to appoint the superintendent of education as the chief executive officer of the public school system.

(b) The board shall appoint, and may remove, the superintendent by a majority vote of its members. The superintendent:

(1) May be appointed without regard to the state residency provisions of section 78-1(b);

(2) May be appointed for a term of up to four years; and

(3) May be terminated only for cause.

(c) The board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board, who shall serve for a two-year term without compensation. As the liaison to the board, the military representative shall advise the board regarding state education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel. The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, regulations, and policies and may be removed only for cause by a majority vote of the members of the board."]

SECTION 8. Sections 302A-1104, 302A-1105, and 302A-1106, Hawaii Revised Statutes, are repealed.

["[§302A-1104] Learning support centers. Beginning with the 1995-1996 school year and until June 30, 1999, school-level support for curriculum and instruction shall be provided through learning support centers to be governed by schools within each complex. The centers shall assist school personnel in the delivery of instructional services by providing support through curriculum development, student assessment, staff development, and resource allocation. The types of services offered and the manner in which these services are provided by the centers, as well as the prioritization and allocation of available resources, shall be determined by policies established by each complex. Any regional administrative units established by the department shall be assigned all administrative functions and provide administrative support to the learning support centers.

[§302A-1105] Compensation; expenses. Board of education members shall be allowed:

(1) Compensation at the rate of $100 per day for each day's actual attendance at meetings;

(2) Transportation fares between islands and abroad; and

(3) Personal expenses at the rates specified by section 78-15, while attending board meetings or while on official business as authorized by the chairperson, when the board meetings or official business require a board member to leave the island upon which the board member resides.

[§302A-1106] Organization; quorum; meetings. The board shall elect from its own membership a chairperson and a vice-chairperson. A majority of all members to which the board is entitled shall constitute a quorum to do business and the concurrence of a majority of all members to which the board is entitled shall be necessary to make any action of the board valid; provided that due notice shall have been given to all members of the board or a bona fide attempt shall have been made to give due notice to all members of the board to whom it was reasonably practicable to give due notice. Meetings shall be called and held, at the call of the chairperson or by a quorum, as often as may be necessary for the transaction of the department's business."]

SECTION 9. Section 302A-1111, Hawaii Revised Statutes, is repealed.

["[§302A-1111] Duties of superintendent. (a) Under policies established by the board, the superintendent shall be designated as the chief executive officer of the public school system having jurisdiction over the internal organization, operation, and management of the public school system, as provided by law; and shall administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, and such other programs as may be established by law.

(b) Except as otherwise provided, the superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department. The superintendent may use a printed facsimile signature in approving appointments, contracts, and other documents. The superintendent, at such time as may be prescribed by the board, shall present to the board full annual reports of the principal transactions within the department during the last completed year, which reports together with such recommendations as the board may think proper, shall be presented to the governor and the legislature."]

SECTION 10. The Hawaii Revised Statutes is amended by substituting the words "superintendent of education", "superintendent", or like terms, wherever the words "board of education", "board", or like terms occurs, as the context requires.

SECTION 11. All rights, powers, functions, and duties of the board of education are transferred to the department of education.

The attorney for the board of education shall be transferred to the civil rights division of the department of education.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 12. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the board of education relating to the functions transferred to the superintendent of education shall be transferred with the functions to which they relate.

SECTION 13. The legislature recognizes that there are a number of additional conforming amendments to the Hawaii Revised Statutes that need to be made to implement this Act. Accordingly, the superintendent of education, with the assistance of the legislative reference bureau, shall review the statutory framework of the department of education and propose amendatory legislation as may be necessary to achieve the intent of this Act. The legislative reference bureau shall further provide such assistance to the superintendent as may be necessary in drafting appropriate legislation. The superintendent shall submit its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days before the convening of the regular session of 2004.

SECTION 14. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect upon its approval and upon the ratification of a constitutional amendment requiring the abolition of the board of education and the appointment of the superintendent of education by the governor.

INTRODUCED BY:

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