STAND. COM. REP. NO. 819

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1501
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B.
No. 1501, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose of this measure is to incorporate into one
comprehensive measure the contents of S.B. No. 1277, S.B.
No. 1318, and S.B. No. 1233, in order to provide for the creation
of new century schools as alternate educational programs, and a
process whereby existing public schools and new schools may be
established as new century schools.  

     Specifically, this measure:

     (1)  Designates student-centered schools henceforth as "new
          century schools", and defines new century schools as
          those schools implementing alternative frameworks with
          regard to curriculum; facilities management;
          instructional approach; length of school day, week, or
          year; and personnel management;

     (2)  Adds a new part to chapter 302A, Hawaii Revised
          Statutes, that will dictate a process by which an
          existing public school, or a new school may become a
          new century school, including petitioning to the
          Governor as an alternative to the current formation of
          student-centered schools.  The program requirements and

 
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          exemptions of these new century schools are also
          established; and

     (3)  Repeals the sections in chapter 302A, Hawaii Revised
          Statutes, which deal with student-centered schools.

     Testimony in support of this measure was submitted by the
Department of Human Resources Development and the Estate of James
Campbell.  Testimony in support of the intent of this measure but
with certain concerns was submitted by the Department of
Education, the Hawaii State Teachers Association, the Lanikai
School, and the South Maui Learning Ohana.  The Hawaii Government
Employees Association and League of Women Voters of Hawaii
submitted testimony in opposition to this measure.  

     Your Committee believes that this measure will allow schools
greater autonomy and flexibility in the formation of alternate
educational programs independent from the governance of the board
of education.  

     Pursuant to concerns raised by the testimony, your Committee
has amended this measure to:

     (1)  Replace the petition process to establish a new century
          school with a process whereby the community submits a
          letter of intent to establish a new century school to
          the Superintendent of Education.  The community will
          then formulate an implementation plan for the
          establishment of a new century school;

     (2)  Ensure that the implementation plan of a new century
          school includes the basic protection of employees and
          their reasonable academic freedoms, a plan for
          recruiting students that is nondiscriminatory, a plan
          for assessing student performance and accountability
          consistent with established State standards, and that
          the facilities management of the new century school is
          consistent with the state facilities plan;

     (3)  Exempt new century schools from chapter 103D, Hawaii
          Revised Statutes, provided that the new century schools
          are subject to accepted guidelines of ethical practice
          and maintain an accounting system open to public
          scrutiny;

     (4)  Add an additional funding allotment for new century
          schools which are small schools; and


 
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     (5)  Mandate that the Department of Education, in
          collaboration with the unions and representative of new
          century schools, formulate a system of technical
          assistance that will provide a baseline for the success
          of a new century school.

     Your Committee believes in the importance of this measure
and the integral role it plays in education reform as a whole.
The State must do all it can to afford students with educational
programs that are effective and responsive to all needs.  Your
Committee encourages further discussion on this measure and the
amendments made to prevent any future problems or
misunderstandings.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee is in accord with the intent and purpose of S.B.
No. 1501, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 1501,
S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Ways and Means,



                                   ______________________________
                                   CAROL FUKUNAGA, Co-Chair



                                   ______________________________
                                   ANDREW LEVIN, Co-Chair

 
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