REPORT TITLE:
Schools; Opening and Closing


DESCRIPTION:
Requires the department of education to consult with parents of
students and allow for a complaints process before the opening or
closing of any school, including the opening of any new middle
school.  Deems final department decisions on school openings and
closings to be appealable under the Administrative Procedure Act.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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

 1      SECTION 1.  The purpose of this Act is to require the
 
 2 department of education to consult with parents of students and
 
 3 provide for a complaints process before the opening of any new
 
 4 school or the closing of any existing school, including but not
 
 5 limited to the opening of any new middle school.  In addition,
 
 6 this Act deems final decisions of that department with respect to
 
 7 school openings and closings to be appealable under the Hawaii
 
 8 Administrative Procedure Act.
 
 9      SECTION 2.  Section 302A-1129, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]302A-1129[]]  Schools; opening and closing.  (a)  The
 
12 board may open new schools or close existing schools.
 
13      (b)  Notwithstanding subsection (a), the board shall not
 
14 open any new school or close an existing school unless parents of
 
15 affected students are given a fair and reasonable opportunity to
 
16 express their views on the need for that action.
 
17      (c)  The board shall seek to provide adequate notice to the
 
18 public of one or more public hearings on the issue of opening a
 
19 new school or closing an existing school through advertisements
 

 
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                                     S.B. NO.           1
                                                        
                                                        


 1 in newspapers of general circulation in the State, television,
 
 2 radio, the Internet, and other appropriate media.
 
 3      (d)  The director shall adopt rules pursuant to chapter 91
 
 4 to establish appropriate procedures for notice and public
 
 5 hearings, including the establishment of a process to receive,
 
 6 address, and resolve complaints from parents or others in the
 
 7 community regarding the school openings and closings.
 
 8      (e)  Final decisions of the department regarding the opening
 
 9 of a new school or the closing of an existing school shall be
 
10 subject to judicial review as final decisions in contested cases
 
11 for purposes of section 91-14."
 
12      SECTION 3.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 4.  This Act shall take effect upon its approval.
 
15 
 
16                              INTRODUCED BY:______________________