Report Title:

Board of Education; Abolish; Constitutional Amendments

 

Description:

Proposes amendments to the state constitution to abolish the state board of education; require the governor to appoint a state superintendent of education; establishes 15 school complexes to be headed by chief executive officers appointed by the superintendent with the approval of the governor.

THE SENATE

S.B. NO.

2102

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

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 measure is to propose amendments to the state constitution to:

(1) Abolish the state board of education;

(2) Establish a superintendent selection commission;

(3) Require the governor, by and with the advice and consent of the senate, to appoint the state superintendent of education from a list of not less than four, and not more than six, nominees for the vacancy, presented to the governor by the superintendent selection commission;

(4) Require the superintendent to have general supervision and management of the department of education and be accountable for all of the activities of the department;

(5) Establish at least fifteen school complex areas, each of which is to be managed and supervised by a chief executive officer to be appointed by the superintendent with the approval of the governor, as provided by law; and

(6) Require the fifteen chief executive officers to be responsible for implementing the objectives and policies of the superintendent and the department and for operating the public schools within the boundaries of their respective school complex areas.

SECTION 2. Article X, sections 2 and 3, of the Constitution of the State of Hawaii are amended to read as follows:

"[BOARD] SUPERINTENDENT OF EDUCATION

Section 2. [There shall be a 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 governor, by and with the advice and consent of the senate, shall appoint the state superintendent of education from a list of not less than four, and not more than six, nominees for the vacancy, presented to the governor by the superintendent selection commission.

If the governor fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the superintendent selection commission from the list with the consent of the senate. If the senate fails to reject any appointment within thirty days thereof, it shall be deemed to have given its consent to such appointment. If the senate shall reject any appointment, the governor shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the commission shall make the appointment from the list, without senate consent.

The state superintendent shall have general supervision and management of the department of education and be accountable for all of the activities of the department.

SUPERINTENDENT SELECTION COMMISSION

There shall be a superintendent selection commission that shall consist of six members. The governor shall appoint two members to the commission. The president of the senate and the speaker of the house of representatives shall each respectively appoint two members to the commission. At all times, at least one member of the commission shall be a resident of a county other than the city and county of Honolulu.

The commission shall be selected and shall operate in a wholly nonpartisan manner. After the initial formation of the commission, appointments to the commission shall be for staggered terms of six years each. Notwithstanding the foregoing, no member of the commission shall serve for more than six years on the commission.

Each member of the superintendent selection commission shall be a resident of the State and a citizen of the United States. No member shall run for or hold any elected office under the United States, the State or its political subdivisions. No member shall take an active part in political management or in political campaigns. No member shall be eligible for appointment as superintendent so long as the person is a member of the superintendent selection commission and for a period of three years thereafter.

No act of the superintendent selection commission shall be valid except by concurrence of the majority of its voting members.

The superintendent selection commission shall select one of its members to serve as chairperson. The commission shall adopt rules which shall have the force and effect of law. The deliberations of the commission shall be confidential.

The legislature shall provide for the staff and operating expenses of the superintendent selection commission in a separate budget. No member of the superintendent selection commission shall receive any compensation for commission services, but shall be allowed necessary expenses for travel, board and lodging incurred in the performance of commission duties.

The superintendent selection commission shall be in the executive branch of the state government.

[POWER OF THE BOARD OF EDUCATION] SCHOOL COMPLEX AREAS;

CHIEF EXECUTIVE OFFICERS

Section 3. [The 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.] There shall be at least fifteen school complex areas as follows: four school complex areas for the island of Oahu and all other islands not specifically enumerated, one school complex area for the islands of Kauai and Niihau, one school complex area for the island of Hawaii, one school complex area for the islands of Maui, Lanai, Molokai and Kahoolawe and at least eight additional school complex areas as established by law. The boundaries of each school board complex area shall be established by law.

Each school complex area shall be managed and supervised by a chief executive officer to be appointed by the superintendent with the approval of the governor, as provided by law. The chief executive officers shall be responsible for implementing the objectives and policies of the superintendent and the department and for operating the public schools within the boundaries of their respective school complex areas."

SECTION 3. Article 18, section 7, of the Constitution of the State of Hawaii is repealed.

["1978 BOARD OF EDUCATION ELECTIONS

Section 7. Members elected to the board of education in the 1978 general election shall serve for two-year terms."]

SECTION 4. The question to be printed on the ballot shall be as follows:

"Shall:

(1) The state board of education be abolished;

(2) A superintendent selection commission be established;

(3) The state superintendent of education be appointed by the governor, by and with the advice and consent of the senate, from a list of nominees for the vacancy presented to the governor by the superintendent selection commission, to have general supervision and management of the department of education and be accountable for all of the activities of the department; and

(4) At least fifteen school complex areas be established, each of which will be managed and supervised by chief executive officers to be appointed by the superintendent with the approval of the governor, as provided by law, who shall be responsible for implementing the objectives and policies of the superintendent and the department and for operating the public schools within the boundaries of the respective school complex areas?"

SECTION 5. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 6. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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