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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO NEW CENTURY SCHOOLS.



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

 1      SECTION 1.  The Legislature finds that as long as a public
 
 2 school complies with the requirements that it be free to all
 
 3 attending students, that its admissions policies be non-
 
 4 discriminatory, that it comply with Statewide Student Performance
 
 5 Standards and that it comply with the assessment and
 
 6 accountability systems established for all other public schools
 
 7 public, a school should otherwise be free from statutory and
 
 8 regulatory requirements that tend to inhibit or restrict a
 
 9 school's ability to make decisions relating to the provision of
 
10 educational services to the students attending the school.
 
11      To nurture the ideal of more autonomous and flexible
 
12 decision-making at the school level, new schools currently under
 
13 construction that become available to students in the new century
 
14 and that are designated as New Century Schools by the Governor
 
15 shall be exempt from the provisions of chapters 89 and 103.
 
16 These sections impose extensive requirements that too often limit
 
17 flexibility and thwart the ability of schools to design programs
 
18 and expend funds to secure resources in a manner responsive to
 
19 the student's needs.
 

 
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 1      In furtherance of the effort to create greater flexibility,
 
 2 autonomy and responsiveness to school needs in exchange for the
 
 3 potential of improved educational outcomes and accountability,
 
 4 each new century school shall have an appointed governing board
 
 5 that shall be independent from and autonomous of the state board
 
 6 of education.  The governing board of the new century school
 
 7 shall be appointed by the governor from among parents of students
 
 8 of the school and interested community members and shall have the
 
 9 authority to set policy for the school, hire a principal who
 
10 shall also serve as the chief executive officer of the school.
 
11      SECTION 2.  Chapter 296, Hawaii Revised Statutes, is amended
 
12 by adding a new section to be appropriately designated and to
 
13 read as follows:
 
14      "296-    New century schools.  Kapolei middle school and
 
15 Kapolei high school may be designated new century schools by
 
16 executive order."
 
17      SECTION 3.  Chapter 296, Hawaii Revised Statutes, is amended
 
18 by adding a new section to be appropriately designated and to
 
19 read as follows:
 
20      "296-    Designation of a new century school.  The governor
 
21 may issue an executive order designating a school to be a new
 
22 century school.  This executive order shall set forth the
 
23 provisions by which the governing board shall manage the
 

 
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 1 operations and administration of the school."
 
 2      SECTION 4.  Chapter 296, Hawaii Revised Statutes, is amended
 
 3 by adding a new section to be appropriately designated and to
 
 4 read as follows:
 
 5      "296-    New century schools exemption. Notwithstanding any
 
 6 statute to the contrary, schools designated as new century
 
 7 schools shall be exempt from chapters  76, 77 78, 79, and 103D.
 
 8 Further, employees shall have the option to be exempt from
 
 9 chapter 89.  New century schools shall be exempted from existing
 
10 budgetary requirements and permitted to transfer and expend all
 
11 allocated funds in accordance with priorities and for purposes
 
12 determined by the school."
 
13      SECTION 5.  Chapter 296, Hawaii Revised Statutes, is amended
 
14 by adding a new section to be appropriately designated and to
 
15 read as follows:
 
16      "296-    New century school board.  Notwithstanding any
 
17 statute to the contrary, schools designated as new century
 
18 schools shall have a governing board comprised of nine (9)
 
19 individuals of which three (3) shall be parents of students
 
20 attending the new century school, three (3) members of the
 
21 community and three (3) members at large."
 
22      SECTION 6.  Chapter 296, Hawaii Revised Statutes, is amended
 
23 by adding a new section to be appropriately designated and to
 

 
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 1 read as follows:
 
 2      "296-    New century school board members.  The affairs of
 
 3 the new century school shall be under the general management and
 
 4 control of the new century school board consisting of nine
 
 5 members who shall be appointed and may be removed by the
 
 6 governor.  Members of the new century school board shall be
 
 7 appointed by the governor for terms of four (4) years with
 
 8 initial appointments being staggered."
 
 9      SECTION 7.  Chapter 296, Hawaii Revised Statutes, is amended
 
10 by adding a new section to be appropriately designated and to
 
11 read as follows:
 
12      "296-    Power of the new century school board.  The new
 
13 century school board shall have management and control of the
 
14 general affairs and exclusive jurisdiction over the internal
 
15 organization and management of the new century school for which
 
16 the board has been appointed.  It may authorize any officer,
 
17 elected or appointed by it, to approve and sign on its behalf any
 
18 voucher or otherwise acquire appliances, services and other
 
19 property for the purposes of the new century school and expend
 
20 such sums of money as may be from time to time placed at the
 
21 disposal of the new century school from whatever source.  All
 
22 appliances, services and other property so purchased or acquired
 
23 shall be and remain the property of the new century school to be
 

 
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 1 used in perpetuity for the benefit of the new century school.
 
 2 The new century school Board in accordance with law shall manage
 
 3 inventory, equipment, surplus property, and expenditures of the
 
 4 new century school and may adopt rules, further controlling and
 
 5 regulating the same."
 
 6      SECTION 8.  New statutory material is underscored.
 
 7      SECTION 9.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________
 

 
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