School-to-Work Pilot Project

Transfers the administration and supervision of the school-to-
work opportunities pilot project from the Hawaii school-to-work
opportunities executive council to the DOE.  Makes the Hawaii
school-to-work opportunities executive council an advisory body
to the BOE and the DOE.  (SD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1      SECTION 1.  Act 343, Session Laws of Hawaii 1997, is amended
 2 by amending sections 1 and 2 to read as follows:
 3      "SECTION 1.  The legislature finds that Hawaii and the rest
 4 of the states are undertaking a major initiative that involves
 5 reforming education, developing its workforce, and stimulating
 6 economic development.  The states are attempting to create a
 7 school-to-work system that all major industrialized countries
 8 have in place except for the United States.  To help accomplish
 9 this, Congress enacted the School-to-Work Opportunities Act of
10 1994, P.L. 103-239.  Hawaii will receive $10,200,000 over a five-
11 year period to build a school-to-work system.
12      Building a school-to-work opportunities system is a
13 difficult and enormous undertaking.  It requires systemic change
14 and involvement of all segments of the community in the effort,
15 particularly business, industry, and labor.  Moreover, it must
16 involve all of education from kindergarten to postsecondary
17 education, all academic and vocational disciplines, and all
18 students.
19      The purpose of this Act is to establish a school-to-work

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 1 opportunities system in Hawaii[, including the mechanism for
 2 governance, management, and distribution of federal and state
 3 resources].
 4      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 5 amended by adding a new part to be appropriately designated and
 6 to read as follows:
 7            "PART    . [SCHOOL TO WORK] SCHOOL-TO-WORK
 9      302A-   Hawaii school-to-work opportunities [executive]
10 advisory council; establishment; composition.(a)  There is
11 established [a] within the department for administrative purposes
12 the Hawaii school-to-work opportunities [executive] advisory
13 council.  The members of the advisory council shall be appointed
14 by the governor.  The advisory council shall consist of [up to,
15 but] not more than[,] twenty-one members.  [Council] The advisory
16 council's membership shall consist of six executive heads of
17 state agencies, the superintendent [of the department of
18 education], the president of the University of Hawaii, the state
19 director of vocational education, and the directors of the
20 departments of business, economic development and tourism, human
21 services, and labor and industrial relations, serving as ex
22 officio voting members.  Representatives from local or regional
23 partnerships, a student member, and a voting majority

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                                     H.B. NO.           H.D. 3
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 1 representing business, industry, labor, and community
 2 organizations, which include regional representations from all
 3 the counties, shall be appointed [pursuant to section 26-34.] to
 4 the advisory council.
 5      The [length of service for] terms of the [directors of
 6 departments of the State] heads of state agencies represented on
 7 the advisory council shall be limited to the terms of their
 8 cabinet appointments.  The terms of all heads of non-state
 9 [agency head members] agencies represented on the advisory
10 council shall be for three years, commencing on July 1 of the
11 first year and ending on June 30, of the third year.  Terms shall
12 be staggered with one-third of the members being appointed in
13 each fiscal year.
14      (b)  Vacancies shall be filled by the governor for the
15 unexpired term.  The governor shall appoint as chairperson of the
16 advisory council a member other than the head of a state agency
17 [head], who shall be recommended by the council.
18      (c)  The [council] members of the advisory council shall
19 serve without pay but shall be entitled to their traveling
20 expenses within the State when attending meetings of the council
21 or when actually engaged in business relating to the work of the
22 council.
23      302A-   [Powers] Duties of the advisory council.  The

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 1 [powers] duties of the Hawaii school-to-work opportunities
 2 [executive] advisory council shall include[, but not be limited
 3 to:] providing advice to the board and the department on such
 4 matters as:
 5      (1)  Establishing and setting the general directions and
 6           policy for the Hawaii school-to-work opportunities
 7           system, [its] the advisory council, and the executive
 8           director;
 9      (2)  [Appointing, supervising, and if necessary, discharging
10           the executive director, not subject to chapters 76 and
11           77];
12      (3)] Establishing [rules] policies and procedures regarding
13           [its] the advisory council's membership and operations;
14     [(4)] (3)  Approving expenditure plans and [award
15           grants/contracts;] awarding grants and contracts;
16     [(5)  Ratifying the establishment of all necessary] (4)
17           Establishing standing and ad hoc advisory committees;
18           and
19     [(6)] (5)  Engaging in such activities as may be necessary or
20           desirable to implement the functions of the School-to-
21           Work Opportunities Act of 1994, [and of] the advisory
22           council [or through delegation to], and the executive
23           director[.], including a plan of work that may be

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                                     H.B. NO.           H.D. 3
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 1           carried out through task groups organized around
 2           collaborative school-to-work initiatives and identified
 3           outcomes.
 4      302A-   Staff.  (a)  The superintendent of education may
 5 appoint an executive director that shall be employed by the
 6 department for the school-to-work opportunities pilot project.
 7 The executive director's employment shall not be subject to
 8 chapters 76 and 77.
 9      (b)  The [Hawaii school-to-work opportunities executive
10 council] department may [appoint] employ such other staff as may
11 be deemed necessary, [not subject] without regard to chapters 76
12 and 77, to carry out [its functions and duties.  The staff of the
13 council shall report to the executive director.] the purposes of
14 this part.
15      (c)  The major staff services for the advisory council shall
16 be provided by the department of education.  Task group staff
17 services may come from appropriate advisory council member state
18 agencies whose mandates will also benefit from school-to-work
19 initiatives and identified outcomes.
20      302A-   Contracts.  The [Hawaii school-to-work
21 opportunities executive council or its executive director]
22 department may make, execute, enter into, amend, supplement, and
23 carry out contracts, and all other instruments the [council]

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 1 department finds are necessary or convenient [for the fulfillment
 2 of its functions and duties.] to carry out the purposes of this
 3 part.
 4      302A-   Organizational relationships.  The Hawaii school-
 5 to-work opportunities [executive] advisory council shall act as
 6 the [governing] advisory board for the school-to-work system.
 7 [The Hawaii school-to-work opportunities council and staff shall
 8 be placed within the department of education for administrative
 9 purposes.]"
10      SECTION 2.  The staff of the school-to-work opportunities
11 pilot project shall provide intermediary services for employers
12 and educational institutions seeking to institute work-based
13 learning curricula and placement; provided that the Hawaii
14 school-to-work opportunities executive council shall employ
15 additional staff experienced in the employer, business, and
16 industry sectors to design and implement these intermediary
17 functions.
18      When staffing responsibilities are transferred to the
19 department of education, then the department of education shall
20 be responsible for continuing these intermediary functions.
21      SECTION 3.  All rights, powers, functions, and duties of the
22 Hawaii school-to-work opportunities executive council are
23 transferred to the department of education.

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 1      All officers and employees whose functions are transferred
 2 by this Act shall be transferred with their functions and shall
 3 continue to perform their regular duties upon their transfer,
 4 subject to the state personnel laws and this Act.
 5      No officer or employee of the State having tenure shall
 6 suffer any loss of salary, seniority, prior service credit,
 7 vacation, sick leave, or other employee benefit or privilege as a
 8 consequence of this Act, and such officer or employee may be
 9 transferred or appointed to a civil service position without the
10 necessity of examination; provided that the officer or employee
11 possesses the minimum qualifications for the position to which
12 transferred or appointed; and provided that subsequent changes in
13 status may be made pursuant to applicable civil service and
14 compensation laws.
15      In the event that an office or position held by an officer
16 or employee having tenure is abolished, the officer or employee
17 shall not thereby be separated from public employment, but shall
18 remain in the employment of the State with the same pay and
19 classification and shall be transferred to some other office or
20 position for which the officer or employee is eligible under the
21 personnel laws of the State as determined by the head of the
22 department or the governor.
23      Any incumbent officer or employee of the State who does not

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                                     H.B. NO.           H.D. 3
                                                        S.D. 1

 1 have tenure and who may be transferred or appointed to a civil
 2 service position as a consequence of this Act, shall be granted
 3 regular civil service status without loss of seniority, prior
 4 service credit, vacation, sick leave, or other employee benefits,
 5 and without the necessity of examination; provided they possess
 6 the minimum qualifications for the class to which their positions
 7 are assigned.  The pay rate of non-tenured employees affected by
 8 this Act shall be determined in the same manner as the pay rate
 9 of other civil service employees in comparable positions with the
10 same length of service.  Any officer or employee converted by
11 this Act shall have performed work satisfactorily in the position
12 for a period of not less than six months prior to the effective
13 date of this Act.
14      All appropriations, records, equipment, machines, files,
15 supplies, contracts, books, papers, documents, maps, and other
16 personal property heretofore made, used, acquired, or held by
17 Hawaii school-to-work opportunities executive council relating to
18 the functions transferred to the department of education shall be
19 transferred with the functions to which they relate.
20      SECTION 4.  There is appropriated out of the general
21 revenues of the State of Hawaii the sum of $          , or so
22 much thereof as may be necessary for fiscal year 1999-2000, for
23 the school-to-work opportunities pilot project.

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 1      The sum appropriated shall be expended by the department of
 2 education for the purposes of this Act.
 3      SECTION 5.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 6.  This Act shall take effect on January 1, 2001,
 6 except that sections 2 and 4 shall take effect on July 1, 1999.