Small Schools

Allows the department of education to create small schools within
the physical plant of a larger school.  Defines small school.
Requires the department of education to provide pay incentives to
teachers at small schools.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that Hawaii's public
 2 school system is not only too big, it also fosters schools that
 3 are too large and impersonal to offer effective education.
 4 Nationally, evidence shows that small schools--no more than 300
 5 in an elementary school, 600 in a high school--help students
 6 learn better.  The physical plant for these schools is already in
 7 place, waiting to be divided into smaller schools.  Kauai's Kapaa
 8 Elementary is a local example of what the legislature recommends-
 9 -a large elementary school divided into seven smaller ones, each
10 with its own staff and program.  The purpose of this Act is to
11 authorize the department of education to create schools within
12 schools and divide up larger schools into smaller ones while
13 keeping the same physical plant and administration.
14      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
15 amended by adding a new section to be appropriately designated
16 and to read as follows:
17      "302A-    Small schools.  The department shall permit all
18 schools to divide into small schools.  This entails voluntary
19 groups of teachers creating a small school containing the

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 1 following essential components:
 2      a.  Be organized around a theme or focus that permeates its 
 3 curriculum and instruction;
 4      b.  Have its own separate physical area which is
 5 distinctively its own;
 6      c.  Design its own program, select its own staff, and
 7 control its own budget;
 8      d.  To permit the personalization of each student's
 9 education and encourage the development of school community,
10 enroll no more than 300 students at the elementary or
11 intermediate level and no more than 600 students at the high
12 school level;
13      e.  Be assured a minimum five-year survival if it meets
14 specified standards;
15      f.  Have a plan that addresses all of the major components
16 of school design, goal, curriculum, instructional strategy,
17 roles, decision-making arrangements, school and student
18 evaluation, organizational structure and logistics;
19      g.  Have a teacher-designed program and organizational
20 structure;
21      h.  Have a demanding, extensively common curriculum which
22 makes all students who graduate eligible for college admission;
23      i.  Be open to all students, with interest-based grouping

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 1 replacing tracking and ability grouping;
 2      j.  Have its own teacher director;
 3      k.  Have sufficient physical separation and psychic distance
 4 from the host school to permit development of its own school
 5 climate and culture;
 6      l.  Have new staff when needed, selected by existing staff;
 7      m.  Be organized and staffed to offer a full program for its
 8 students;
 9      n.  Be organized as a multi-year program, for example K-3,
10 or K-5, or 6-8, or 9-12;
11      o.  Absorb the full teaching load of its teachers;
12      p.  Be held accountable according to output measures rather
13 than by controlled and supervised input regulation;
14      q.  Be assessed in comparison to host school attendance,
15 dropout rate, student progress in relation to prior record,
16 academic productivity (student progress toward graduation), and
17 student and parent satisfaction;
18      r.  Base the decision regarding continuance of any small
19 school on its effectiveness as measured by the above indicators,
20 and;
21      s.  Provide regular and extensive teacher collaboration time
22 for ongoing program analysis and modification."
23      SECTION 3.  Chapter 302A, Hawaii Revised Statutes, is

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 1 amended by adding a new section to be appropriately designated
 2 and to read as follows:
 3      "302A-    Teacher incentives.  The department shall provide
 4 pay and release time incentives to teachers working at small
 5 schools that contain the above essential components."
 6      SECTION 4.  Section 89-9, Hawaii Revised Statutes, is
 7 amended to read as follows:
 8      "89-9 Scope of negotiations.(a)  The employer and the
 9 exclusive representative shall meet at reasonable times,
10 including meetings in advance of the employer's budget-making
11 process, and shall negotiate in good faith with respect to wages,
12 hours, the number of incremental and longevity steps and movement
13 between steps within the salary range, the amounts of
14 contributions by the State and respective counties to the Hawaii
15 public employees health fund to the extent allowed in subsection
16 (e), and other terms and conditions of employment which are
17 subject to negotiations under this chapter and which are to be
18 embodied in a written agreement, or any question arising
19 thereunder, but such obligation does not compel either party to
20 agree to a proposal or make a concession.
21      (b)  The employer or the exclusive representative desiring
22 to initiate negotiations shall notify the other in writing,
23 setting forth the time and place of the meeting desired and

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 1 generally the nature of the business to be discussed, and shall
 2 mail the notice by certified mail to the last known address of
 3 the other party sufficiently in advance of the meeting.
 4      (c)  Except as otherwise provided herein, all matters
 5 affecting employee relations, including those that are, or may
 6 be, the subject of a regulation promulgated by the employer or
 7 any personnel director, are subject to consultation with the
 8 exclusive representatives of the employees concerned.  The
 9 employer shall make every reasonable effort to consult with the
10 exclusive representatives prior to effecting changes in any major
11 policy affecting employee relations.
12      (d)  Excluded from the subjects of negotiations are matters
13 of classification and reclassification, benefits of but not
14 contributions to the Hawaii public employees health fund,
15 retirement benefits except as provided in section 88-8(h), and
16 the salary ranges now provided by law; provided that the number
17 of incremental and longevity steps, the amount of wages to be
18 paid in each range and step, and movement between steps within
19 the salary range shall be negotiable.  The employer and the
20 exclusive representative shall not agree to any proposal which
21 would be inconsistent with merit principles or the principle of
22 equal pay for equal work pursuant to sections 76-1, 76-2, 77-31,
23 and 77-33, or which would interfere with the rights of a public

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 1 employer to (1) direct employees; (2) determine qualification,
 2 standards for work, the nature and contents of examinations,
 3 hire, promote, transfer, assign, and retain employees in
 4 positions and suspend, demote, discharge, or take other
 5 disciplinary action against employees for proper cause; (3)
 6 relieve an employee from duties because of lack of work or other
 7 legitimate reason; (4) maintain efficiency of government
 8 operations; (5) determine methods, means, and personnel by which
 9 the employer's operations are to be conducted; and take such
10 actions as may be necessary to carry out the missions of the
11 employer in cases of emergencies; provided that the employer and
12 the exclusive representative may negotiate procedures governing
13 the promotion and transfer of employees to positions within a
14 bargaining unit, procedures governing the suspension, demotion,
15 discharge or other disciplinary actions taken against employees,
16 and procedures governing the layoff of employees; provided
17 further that violations of the procedures so negotiated may be
18 the subject of a grievance process agreed to by the employer and
19 the exclusive representative.
20      (e)  Negotiations relating to contributions to the Hawaii
21 public employees health fund shall be for the purpose of agreeing
22 upon the amounts which the State and counties shall contribute
23 under section 87-4, toward the payment of the costs for a health

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 1 benefits plan, as defined in section 87-1(8), and group life
 2 insurance benefits, and the parties shall not be bound by the
 3 amounts contributed under prior agreements; provided that section
 4 89-11 for the resolution of disputes by way of fact-finding or
 5 arbitration shall not be available to resolve impasses or
 6 disputes relating to the amounts the State and counties shall
 7 contribute to the Hawaii public employees health fund.
 8      (f)  Teachers at schools divided into smaller schools shall
 9 not be subject to the collective bargaining feature of transfer
10 rights into schools by seniority."
11      SECTION 5.  There is appropriated out of the general
12 revenues of the State of Hawaii the sum of $          , or so
13 much thereof as may be necessary for fiscal year 1999-2000, to
14 teachers to provide release time needed to plan and operate small
15 schools.
16      SECTION 6.  The sum appropriated shall be expended by the
17 education for the purposes of this Act.
18      SECTION 7.  New statutory material is underscored.
19      SECTION 8.  This Act shall take effect upon its approval.
21                           INTRODUCED BY:  _______________________

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