REPORT TITLE:
New century schools


DESCRIPTION:
Defines new century schools with alternate educational programs.
Creates a process whereby existing public schools and new schools
may be established as new century schools.  States that current
student-centered schools are to be designated as new century
schools.  Repeals sections in 302A, HRS, which deal with
student-centered schools.  (SD2)

 
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                                                        1501
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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
 
 4 non-discriminatory, and that it comply with statewide performance
 
 5 standards, a school should otherwise be free from statutory and
 
 6 regulatory requirements that tend to inhibit or restrict a
 
 7 school's ability to make decisions relating to the provision of
 
 8 educational services to the students attending the school.
 
 9      To nurture the ideal of more autonomous and flexible
 
10 decision-making at the school level, the legislature supports the
 
11 concept of new century schools.  The legislature finds that this
 
12 concept defines a new approach to education -- one that is free
 
13 of bureaucratic red tape and accommodating of the individual
 
14 needs of students -- and will allow the State to dramatically
 
15 improve its educational standards for the twenty-first century.
 
16 Both existing public schools, and new schools, may be established
 
17 as new century schools, and these schools allow educators to
 
18 better tailor the curriculum to enhance the learning of the
 
19 students.  
 

 
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 1      The purpose of this Act is to increase the flexibility and
 
 2 autonomy at the school level by allowing existing public schools
 
 3 and new schools to be designated as new century schools.  These
 
 4 new century schools shall have a local school board as a
 
 5 governing body, and shall operate independent educational
 
 6 programs from those provided by the department of education
 
 7 statewide.
 
 8      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 
 9 amended by adding a new part to be appropriately designated and
 
10 to read as follows:
 
11                  "PART .  NEW CENTURY SCHOOLS
 
12      302A-A   New century schools.  All schools previously
 
13 designated as student-centered schools shall henceforth be
 
14 designated as new century schools.
 
15      302A-B   New century schools; establishment.  (a)  Up to a
 
16 total of twenty-five schools may be established as new century
 
17 schools.  These new century schools may be established by:
 
18      (1)  The creation of a new school by executive order of the
 
19           governor, upon the advice of the board of education,
 
20           pursuant to 302A-C;
 
21      (2)  An existing public school pursuant to subsection (b);
 
22           or
 
23      (3)  The creation of a new school, comprised of programs or
 

 
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 1           sections of existing public school populations and
 
 2           using existing public school facilities pursuant to
 
 3           subsection (b).
 
 4      (b)  Any public school or programs of a public school or
 
 5 schools, may form a new century school by establishing a local
 
 6 school board as its governing body composed of, at a minimum, one
 
 7 representative from each of the following participant groups:
 
 8      (1)  Principals;
 
 9      (2)  Instructional staff members selected by the school
 
10           instructional staff;
 
11      (3)  Support staff selected by the support staff of the
 
12           school;
 
13      (4)  Parents of students attending the school selected by
 
14           the parents of the school;
 
15      (5)  Student body representatives selected by the students
 
16           of the school; and
 
17      (6)  The community at-large.
 
18      (c)  The local school board shall formulate and develop a
 
19 detailed implementation plan, which shall include but not be
 
20 limited to the following:
 
21      (1)  A description of the administrative and educational
 
22           framework, and which provides for the basic protection
 
23           of employees and their reasonable academic freedoms;
 

 
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 1      (2)  A plan for identifying, recruiting, and selecting
 
 2           students to make certain that student participation is
 
 3           not exclusive, elitist, or segregationalist;
 
 4      (3)  A plan for assessing student performance equal to those
 
 5           employed throughout the State which focus upon the
 
 6           established state educational performance standards,
 
 7           the rigor of standards, and technical validity, as well
 
 8           as any other specific student outcomes to be achieved,
 
 9           and making this plan accountable to the general public;
 
10      (4)  The curriculum, instructional framework, and assessment
 
11           mechanisms to be used to achieve student outcomes;
 
12      (5)  A plan to hold the school, its faculty, and staff
 
13           (collectively and individually) accountable in the same
 
14           or an equivalent manner as are other public schools
 
15           throughout the State;
 
16      (6)  A governance structure of the school;
 
17      (7)  A facilities management plan which is consistent with
 
18           the state facilities plan; and
 
19      (8)  Annual financial and program audits.
 
20      The detailed implementation plan shall be approved by
 
21 three-fifths of the school's administrative, support, and
 
22 teaching personnel, and parents; provided that the school
 
23 personnel may request their bargaining unit representative to
 

 
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 1 certify and conduct the elections for their respective bargaining
 
 2 units.  Once approved, the detailed implementation plan shall be
 
 3 submitted to the board of education for review.
 
 4      (d)  The board of education shall review the proposed new
 
 5 century school plan to assure that it complies with subsection
 
 6 (c) and section 302A-D.  Unless the board of education finds that
 
 7 the plan conflicts with subsection (c) or section 302A-D, the
 
 8 plan shall become effective within thirty days after its
 
 9 submission.  If the board of education finds a conflict with
 
10 subsection (c) or section 302A-D, it shall notify the local
 
11 school board of the finding in writing to enable the local school
 
12 board to appropriately amend the plan to resolve the conflict.
 
13      (e)  The new century schools shall not charge tuition.  The
 
14 State shall afford the local school board of any new century
 
15 school the same protections as the State affords to the state
 
16 board of education.
 
17      302A-C   New century schools; request for establishment and
 
18 designation.(a)  As an alternative to section 302A-B(b), any
 
19 community may submit a letter of intent to the superintendent for
 
20 the establishment of a new century school in its district.
 
21      (b)  The authors of the letter of intent shall then develop
 
22 an implementation plan, which would include the appointment an
 
23 interim school board, pursuant to section 302A-B(c); provided
 

 
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 1 that the plan shall also address issues of personnel management,
 
 2 and any funding for the design and construction costs of building
 
 3 or renovating the new century school shall be consistent with the
 
 4 state facilities plan.  The superintendent shall provide support
 
 5 and guidance to the community in formulating an implementation
 
 6 plan which is compliant with sections 302A-B(c) and 302A-D. 
 
 7      (c)  The board of education shall review the completed
 
 8 implementation plan for the proposed new century school to ensure
 
 9 its compliance with sections 302A-B(c) and 302A-D.  Unless the
 
10 board finds that the plan conflicts with section 302A-B(c) or
 
11 302A-D, the plan shall become effective within sixty days after
 
12 its submission.  If the board finds a conflict with section
 
13 302A-B(c) or 302A-D, it shall notify the interim local school
 
14 board of the finding in writing to enable the interim local
 
15 school board to appropriately amend the plan to resolve the
 
16 conflict.  If the board of education finds that the proposed new
 
17 century school is compliant, the governor, upon the advice of the
 
18 board of education, shall issue an executive order designating
 
19 the proposed school as a new century school.  The executive order
 
20 shall set forth the provisions by which the new century school
 
21 shall be managed and operated.
 
22      (d)  The interim local school board shall establish the
 
23 local school board pursuant to section 302A-B(b) no later than
 

 
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 1 thirty days after the governor has designated the school a new
 
 2 century school by executive order.
 
 3      302A-D  New century schools; exemptions.  Schools
 
 4 designated as new century schools shall be exempt from all
 
 5 applicable state laws; except those regarding:
 
 6      (1)  Collective bargaining under chapter 89; provided that
 
 7           the exclusive representatives and the employers defined
 
 8           in chapter 89 may enter into agreements that contain
 
 9           cost and noncost items to facilitate decentralized
 
10           decision-making; and provided further that the
 
11           exclusive representatives and the local school board of
 
12           the new century school may enter into agreements that
 
13           contain cost funded from the current allocation or
 
14           other sources of revenue received by the new century
 
15           school.  These agreements may be entirely different
 
16           than the standard contracts for teachers or school
 
17           administrators; and
 
18      (2)  Discriminatory practices under section 378-2, and
 
19           health and safety requirements;
 
20 provided that new century schools are subject to accepted
 
21 guidelines of ethical practice and shall maintain an accounting
 
22 system which is open to public scrutiny.
 
23      302A-E  New century schools; funding. (a)  New century
 

 
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 1 schools shall receive an allocation of state general funds based
 
 2 upon the operational and educational funding requirements of the
 
 3 schools; provided that beginning in fiscal year 1999-2000, and
 
 4 every year thereafter, the auditor shall determine the
 
 5 appropriate allocation based on the total department of education
 
 6 general fund appropriation and per pupil expenditure for the
 
 7 previous year; provided that small schools shall be given a
 
 8 subsidy or small school allotment to augment the per pupil
 
 9 allocation given; provided further that the legislative auditor
 
10 shall take into consideration any changes to the department's
 
11 budget by the legislature and any applicable collective
 
12 bargaining negotiated amounts; and provided further that the
 
13 allocation for self-contained special education students and for
 
14 other special education students shall be adjusted appropriately
 
15 to reflect the additional expenses incurred for the students in
 
16 these programs.
 
17      (b)  All federal and other financial support for new century
 
18 schools shall be equal to all other public schools; provided that
 
19 if administrative services are provided to the school by the
 
20 department, the school shall reimburse the department for the
 
21 actual costs of the administrative services in an amount that
 
22 does not exceed 6.5 per cent of the school's allocation.  Any new
 
23 century school shall be eligible to receive any financial grant
 

 
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 1 or award for which any other public school may submit a proposal.
 
 2 All additional funds that are generated by the local school board
 
 3 shall be considered supplementary and may be expended at the
 
 4 discretion of the local school board.
 
 5      302A-F  New century schools; self-evaluation.(a)  Every
 
 6 new century school shall conduct self-evaluations annually.  The
 
 7 self-evaluation process shall include but not be limited to the
 
 8 following:
 
 9      (1)  The identification and adoption of benchmarks to
 
10           measure and evaluate administrative and instructional
 
11           programs as provided in this section;
 
12      (2)  The identification of any administrative and legal
 
13           barriers to meeting the benchmarks, as adopted, and
 
14           recommendations for improvements and modifications to
 
15           address the barriers; and
 
16      (3)  The impact upon the students of the student-centered
 
17           school.
 
18 Every new century school shall submit a report of its
 
19 self-evaluation to the board of education within sixty days after
 
20 the completion of the school year; provided that the department
 
21 shall have thirty days to respond to any recommendation regarding
 
22 improvements and modifications that would directly impact the
 
23 department.
 

 
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 1      (b)  The board of education shall initiate an independent
 
 2 evaluation each new century school four years after its
 
 3 establishment and every four years thereafter to assure
 
 4 compliance with statewide student performance standards; provided
 
 5 that each new century school established prior to July 1, 1998,
 
 6 shall be evaluated four years after July 1, 1998, and every four
 
 7 years thereafter.  Upon a determination by the board of education
 
 8 that student achievement within a new century school does not
 
 9 meet the student performance standards, a new century school
 
10 shall be placed on probationary status and shall have two years
 
11 to bring student performance into compliance with statewide
 
12 standards.  If a new century school fails to meet its
 
13 probationary requirements, or fails to comply with any of the
 
14 requirements of this section, the board of education, upon a
 
15 two-thirds majority vote, may then deny the continuation of the
 
16 new century school.
 
17      302A-G  New century schools; administrative supervision.
 
18 Whenever any new century school is established under section
 
19 302A-B or 302A-C, the following provisions shall apply except as
 
20 otherwise specifically provided by this chapter:
 
21      (1)  Following consultation with the new century school, the
 
22           board of education shall represent the new century
 
23           school in communications with the governor and with the
 

 
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 1           legislature;
 
 2      (2)  The financial requirements for state funds of the new
 
 3           century school shall be submitted through the board of
 
 4           education and included in the budget for the
 
 5           department;
 
 6      (3)  The approval of all policies and rules adopted by the
 
 7           new century school shall be preceded by an open public
 
 8           meeting and shall not be subject to chapter 91;
 
 9      (4)  The employment, appointment, promotion, transfer,
 
10           demotion, discharge, and job descriptions of all
 
11           officers and employees of or under the jurisdiction of
 
12           the new century school shall be determined by the new
 
13           century school and applicable personnel laws and
 
14           collective bargaining agreements;
 
15      (5)  Except as set forth in this section, the board of
 
16           education or the superintendent of education shall not
 
17           have the power to supervise or control the new century
 
18           school in the exercise of its functions, duties, and
 
19           powers; and
 
20      (6)  Local school boards may enter into an annual business
 
21           contract for centralized services to be provided by the
 
22           department prior to the beginning of each school year.
 
23      302A-H  New century schools; mandate to support.  The
 

 
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 1 department, together with key representatives of the major
 
 2 divisions in the department, representatives from the unions, as
 
 3 well as individuals from the new century schools shall
 
 4 collaborate together on a system of technical assistance that
 
 5 will provide a baseline for success of each new century school.
 
 6 In addition, the department, through the board and its
 
 7 superintendent, shall provide any other information and technical
 
 8 assistance upon request necessary to support the establishment
 
 9 and expansion of new century schools."
 
10      SECTION 3.  Section 302A-101, Hawaii Revised Statutes, is
 
11 amended as follows:
 
12      1.  By adding a new definition to be appropriately inserted
 
13 and to read:
 
14      ""New century schools" means the implementation of
 
15 alternative frameworks with regard to curriculum; facilities
 
16 management; instructional approach; length of the school day,
 
17 week, or year; and personnel management; and may be a new school
 
18 or include two or more schools acting jointly."
 
19      2.  By repealing the definition of "student-centered
 
20 schools":
 
21      [""Student-centered schools" means the implementation of
 
22 alternative frameworks with regard to curriculum; facilities
 
23 management; instructional approach; length of the school day,
 

 
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 1 week, or year; and personnel management; and may include two or
 
 2 more schools acting jointly."]
 
 3      SECTION 4.  Section 302A-1302, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "302A-1302  School-based budget flexibility.  Beginning
 
 6 with the 1995-1997 fiscal biennium, the department shall
 
 7 implement school-based budget flexibility for schools, complexes,
 
 8 and learning support centers.  The flexibility shall be limited
 
 9 to the school-based budgeting program EDN 100 of the department
 
10 [for all schools except [student-centered schools] new century
 
11 schools defined in section 302A-101; provided that beginning in
 
12 fiscal year 1998-1999, and every year thereafter, the department
 
13 shall distribute the full appropriation due to a
 
14 [student-centered] new century school pursuant to section
 
15 302A-    directly to the [student-centered] new century school."
 
16      SECTION 5.  Section 302A-1123, Hawaii Revised Statutes, is
 
17 repealed.
 
18      ["302A-1123  Student-centered schools; programs and
 
19 administration.(a)  Any public school, up to a total of
 
20 twenty-five schools, may establish a student-centered school,
 
21 which shall be attached to the board of education for
 
22 administrative purposes only as specified under section
 
23 302A-1123.6; provided that:
 

 
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 1      (1)  Any public school that establishes a student-centered
 
 2           school shall be exempt from all applicable state laws;
 
 3           except those regarding:
 
 4           (A)  Collective bargaining under chapter 89; provided
 
 5                that the exclusive representatives and the
 
 6                employers defined in chapter 89 may enter into
 
 7                agreements that contain cost and noncost items to
 
 8                facilitate decentralized decision-making; and
 
 9                provided further that the exclusive bargaining
 
10                unit representatives and the local school board of
 
11                the student-centered school may enter into
 
12                agreements that contain cost and noncost items;
 
13                and provided further that the agreements shall be
 
14                funded from the current allocation or other
 
15                sources of revenue received by the
 
16                student-centered school; 
 
17           (B)  State procurement laws; and
 
18           (C)  Discriminatory practices under section 378-2, and
 
19                health and safety requirements;
 
20      (2)  The school establishes a local school board as its
 
21           governing body composed of, at a minimum, one
 
22           representative from each of the following participant
 
23           groups:
 

 
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 1           (A)  Principals;
 
 2           (B)  Instructional staff members selected by the school
 
 3                instructional staff;
 
 4           (C)  Support staff selected by the support staff of the
 
 5                school;
 
 6           (D)  Parents of students attending the school selected
 
 7                by the parents of the school;
 
 8           (E)  Student body representatives selected by the
 
 9                students of the school; and
 
10           (F)  The community at-large;
 
11      (3)  The local school board may formulate school-based
 
12           educational policy and goals in accordance with
 
13           statewide educational performance standards, adopt
 
14           school performance standards and assessment mechanisms,
 
15           monitor school success, and may select the principal as
 
16           the chief executive officer of the school in accordance
 
17           with paragraph (1)(A).  The principal shall consult and
 
18           work collaboratively with the local school board and
 
19           have jurisdiction over the internal organization,
 
20           operation, and management of the school;
 
21      (4)  The local school board has developed a detailed
 
22           implementation plan containing the elements prescribed
 
23           under subsection (b) for a student-centered school that
 

 
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 1           has been approved by three-fifths of the school's
 
 2           administrative, support, and teaching personnel, and
 
 3           parents; provided that the school personnel may request
 
 4           their bargaining unit representatives to certify and
 
 5           conduct the elections for their respective bargaining
 
 6           units;
 
 7      (5)  The detailed implementation plan has been submitted to
 
 8           the board of education for review;
 
 9      (6)  The detailed implementation plan assures compliance
 
10           with statewide student performance standards;
 
11      (7)  No student-centered school shall charge tuition; and
 
12      (8)  The State shall afford the local school board of any
 
13           student-centered school the same protections as the
 
14           State affords to the state board of education.
 
15      (b)  The detailed implementation plan for the student-
 
16 centered school shall include but not be limited to the
 
17 following:
 
18      (1)  A description of the administrative and educational
 
19           framework;
 
20      (2)  Specific student outcomes to be achieved;
 
21      (3)  The curriculum, instructional framework, and assessment
 
22           mechanisms to be used to achieve student outcomes;
 
23      (4)  Governance structure of the school;
 

 
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 1      (5)  Facilities management plan; and
 
 2      (6)  Annual financial and program audits.
 
 3      (c)  The board of education shall review the proposed
 
 4 student-centered school plan to assure that it complies with
 
 5 statewide educational performance standards.  Unless the board of
 
 6 education finds that the plan conflicts with statewide
 
 7 educational performance standards, the plan shall become
 
 8 effective within thirty days after its submission.  If the board
 
 9 of education finds a conflict with statewide educational
 
10 performance standards, it shall notify the local school board of
 
11 the finding in writing to enable the local school board to
 
12 appropriately amend the plan to resolve the conflict.
 
13      (d)  Student-centered schools shall receive an allocation of
 
14 state general funds based upon the operational and educational
 
15 funding requirements of the schools; provided that:
 
16      (1)  For fiscal year 1998-1999, the allocation shall be
 
17           based on a total per pupil expenditure as determined by
 
18           the legislative auditor; provided that the allocation
 
19           may be adjusted by the auditor to reflect changes to
 
20           the department's budget in the Supplemental
 
21           Appropriations Act of 1998, Act 116, Session Laws of
 
22           Hawaii 1998, and any appropriation made for collective
 
23           bargaining agreements; and provided further that a
 

 
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 1           school may negotiate an adjusted allocation in order to
 
 2           have the department of education provide services to
 
 3           the school; and
 
 4      (2)  Beginning in fiscal year 1999-2000, and every year
 
 5           thereafter, the auditor shall determine the appropriate
 
 6           allocation based on the total department of education
 
 7           general fund appropriation and per pupil expenditure
 
 8           for the previous year; provided that the legislative
 
 9           auditor shall take into consideration any changes to
 
10           the department's budget by the legislature and any
 
11           collective bargaining negotiated amounts;
 
12 and provided further that the allocation for self-contained
 
13 special education students and for other special education
 
14 students shall be adjusted appropriately to reflect the
 
15 additional expenses incurred for the students in these programs.
 
16      (e)  All federal and other financial support for
 
17 student-centered schools shall be equal to all other public
 
18 schools; provided that if administrative services are provided to
 
19 the school by the department, the school shall reimburse the
 
20 department for the actual costs of the administrative services in
 
21 an amount that does not exceed 6.5 per cent of the school's
 
22 allocation.  Any student-centered school shall be eligible to
 
23 receive any financial grant or award for which any other public
 

 
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 1 school may submit a proposal.  All additional funds that are
 
 2 generated by the local school board shall be considered
 
 3 supplementary and may be expended at the discretion of the local
 
 4 school board.
 
 5      (f)  Every student-centered school shall conduct
 
 6 self-evaluations annually.  The self-evaluation process shall
 
 7 include but not be limited to the following:
 
 8      (1)  The identification and adoption of benchmarks to
 
 9           measure and evaluate administrative and instructional
 
10           programs as provided in this section;
 
11      (2)  The identification of any administrative and legal
 
12           barriers to meeting the benchmarks, as adopted, and
 
13           recommendations for improvements and modifications to
 
14           address the barriers; and
 
15      (3)  The impact upon the students of the student-centered
 
16           school.
 
17 Every student-centered school shall submit a report of its
 
18 self-evaluation to the board of education within sixty days after
 
19 the completion of the school year; provided that the department
 
20 shall have thirty days to respond to any recommendation regarding
 
21 improvements and modifications that would directly impact the
 
22 department.
 
23      The board of education shall evaluate each student-centered
 

 
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 1 school four years after its establishment to assure compliance
 
 2 with statewide student performance standards, consistent with
 
 3 subsection (a)(3); provided that each student-centered school
 
 4 established prior to July 1, 1998 shall be evaluated four years
 
 5 after July 1, 1998.  Upon a determination by the board of
 
 6 education that student achievement within a student-centered
 
 7 school does not meet the student performance standards, a
 
 8 student-centered school shall be placed on probationary status
 
 9 and shall have two years to bring student performance into
 
10 compliance with statewide standards.  If a student-centered
 
11 school fails to meet its probationary requirements, the board of
 
12 education, upon a two-thirds majority vote, may then deny the
 
13 continuation of the student-centered school."]
 
14      SECTION 6.  Section 302A-1123.5, Hawaii Revised Statutes, is
 
15 repealed.
 
16      ["[302A-1123.5]  Student-centered schools; mandate to
 
17 support.  The department, through the board and its
 
18 superintendent, shall provide information and technical
 
19 assistance upon request necessary to support the establishment
 
20 and expansion of student-centered schools."]
 
21      SECTION 7.  Section 302A-1123.6, Hawaii Revised Statutes, is
 
22 repealed. 
 
23      ["[302A-1123.6]  Student-centered schools; administrative
 

 
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 1 supervision.  Whenever any student-centered school is established
 
 2 under section 302A-1123, the following provisions shall apply
 
 3 except as otherwise specifically provided by this chapter:
 
 4      (1)  Following consultation with the student-centered
 
 5           school, the board of education shall represent the
 
 6           student-centered school in communications with the
 
 7           governor and with the legislature;
 
 8      (2)  The financial requirements for state funds of the
 
 9           student-centered school shall be submitted through the
 
10           board of education and included in the budget for the
 
11           department;
 
12      (3)  The approval of all policies and rules adopted by the
 
13           student-centered school shall be preceded by an open
 
14           public meeting and shall not be subject to chapter 91;
 
15      (4)  The employment, appointment, promotion, transfer,
 
16           demotion, discharge, and job descriptions of all
 
17           officers and employees of or under the jurisdiction of
 
18           the student-centered school shall be determined by the
 
19           student-centered school and applicable personnel laws
 
20           and collective bargaining agreements;
 
21      (5)  Except as set forth in this section, the board of
 
22           education or the superintendent of education shall not
 
23           have the power to supervise or control the
 

 
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 1           student-centered school in the exercise of its
 
 2           functions, duties, and powers."] 
 
 3      SECTION 8.  In codifying the new sections added by section 2
 
 4 of this Act, the revisor of statutes shall substitute the
 
 5 appropriate section numbers for the letters used in designating
 
 6 the new sections in this Act.
 
 7      SECTION 9.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 10.  This Act shall take effect upon its approval.
 

 
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