Report Title:

Restructuring Hawaii's Public Education System

 

Description:

Replaces the current board of education with elected district boards of education and a statewide board of education. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2033

TWENTY-FIRST LEGISLATURE, 2002

H.D. 3

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. The purpose of this Part is to propose amendments to the state constitution to change the governing structure of the public education system by:

(1) Establishing district boards of education throughout the State comprised of elected members to monitor and oversee educational policy within their respective educational districts; and

(2) Replacing the current elected statewide board of education with a statewide board comprised of the member representatives of the district boards of education to formulate statewide educational policy, appoint the superintendent of education, and ensure fair and equitable funding to each educational district.

SECTION 2. Article X of the Constitution of the State of Hawaii is amended by adding two new sections to read as follows:

"DISTRICT BOARDS OF EDUCATION

Section 1A. There shall be one district board of education for each educational district.

An educational district shall be established as provided by law and encompass one or more complete school complexes with each school complex comprising a high school and its feeder schools comprised of lower education schools, including kindergarten, elementary, intermediate, and middle schools.

A district board of education shall be comprised of seven members who shall be elected at large, in a nonpartisan manner, by qualified voters who are residents of the educational district at the general election of 2004, and every four years thereafter, as provided by law. A student to serve as a nonvoting member of the district board shall be selected as provided by law.

POWER OF THE DISTRICT BOARDS OF EDUCATION

Section 1B. The district boards of education shall have the power, as provided by law, to monitor and oversee educational policy within their respective educational districts.

As provided by law, the district boards of education shall monitor educational accountability and performance, develop and foster community partnerships to improve and enhance the public education system, and prioritize capital improvement, repair, and maintenance projects for schools within their respective districts."

SECTION 3. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"STATEWIDE BOARD OF EDUCATION

Section 2. There shall be a statewide board of education composed of [members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from two at-large school board districts. The first school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated. The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law. There shall be at least one member residing in each departmental school district. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education.] the chairs, or their designees, of all the educational district boards of education. The statewide board shall invite a representative of the United States Armed Forces to serve as nonvoting member on the statewide board of education. A student to serve as a nonvoting member of the statewide board shall be selected as provided by law."

SECTION 4. Article X, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"POWER OF THE STATEWIDE BOARD OF EDUCATION

Section 3. The statewide board of education shall have the power, as provided by law, to formulate statewide educational policy [and], appoint the superintendent of education as the chief executive officer of the public school system[.], and ensure fair and equitable funding to each educational district."

SECTION 5. The question to be printed on the ballot shall be as follows:

"Shall the governing structure of the public education system be changed by:

(1) Establishing district boards of education throughout the State comprised of elected members to monitor and oversee educational policy within their respective educational districts; and

(2) Replacing the current elected statewide board of education with a statewide board comprised of the member representatives of the district boards of education to formulate statewide educational policy, appoint the superintendent of education, and ensure fair and equitable funding to each educational district?"

SECTION 6. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 7. The amendments to the Constitution of the State of Hawaii made by this Act shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii.