Report Title:

Office of Educational Accountability; SCBM; DOE; Education


Specifies the duties of the office of educational accountability, the school accountability and advisory panel, and school advisory councils. Abolishes school/community-based management.


S.B. NO.









relating to education.



Part I

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"302A- Office of educational accountability; duties. The duties of the office of educational accountability shall be as follows:

(1) Monitor and evaluate the department's efforts to implement accountability systems as required by law, including sections 302A-1004 and 302A-1301;

(2) Monitor and evaluate the performance of schools in educating all children;

(3) Gather, compile, and evaluate longitudinal data on all students to assess the performance of the pubic school system in providing services;

(4) Review the procedures and practices of the department and assist in the development and adoption of best practices;

(5) Monitor and evaluate interagency practices among the department and other government agencies to improve the efficiency and effectiveness of schools;

(6) Review all pertinent statutes, administrative rules, policies, procedures, and practices to identify those statutes, administrative rules, policies, procedures, and practices that are impeding the effective use of financial and educational resources, including private and community resources, while taking into consideration the reports of the interagency educational accountability working group established by Act 235, Session Laws of Hawaii 2000;

(7) Advise the superintendent on new legislation, programs, and policy initiatives and conduct liaison as required to implement the legislation, programs, and policy initiatives;

(8) Monitor and evaluate the efforts of the department and related state agencies in complying with state and federal laws relating to special education and related services for exceptional children, including the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), Section 504 of the Rehabilitation Act (29 U.S.C. 705, 794), the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and the Felix consent decree (Civil No. 93-00367DAE);

(9) Conduct studies, reviews, and evaluations of state educational accountability and performance as directed by the superintendent; and

(10) Provide administrative, technical, and professional advice, including legal advice, to the governor and the legislature.

302A- School accountability and advisory panel; duties. The duties of the school accountability and advisory panel shall be to advise the superintendent on matters relating to the supervision, management, and activities of the public school system, excluding public libraries.

302A- School advisory councils; duties. The duties of a school advisory council shall be to advise the chief executive officer of a school complex area on matters relating to the supervision, management, and activities of the school complex area, excluding public libraries."

Part II

SECTION 2. Section 302A-1505, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Prior to meeting with the department of accounting and general services to advise it of a school's repair and maintenance needs, the school's principal and the business and fiscal officer shall consider the recommendations made by the [school/community-based management council, if there is such a council at the school; or the] local school board, if the school is a new century charter school. If there is no [school/community-based management council or] local school board, then the school's principal shall appoint a standing committee composed of a teacher, a member of the support staff, a parent, a student, and a community member."

SECTION 3. Section 302A-101, Hawaii Revised Statutes, is amended by deleting the definition of "school/community-based management system".

[""School/community-based management system" means a method of educational management that diffuses educational decisionmaking to involve or secure the input of those persons directly affected by the decision to be made at the school level, and encourages school-initiated methods for achieving educational goals established statewide by the board."]

SECTION 4. Section 89-10.6, Hawaii Revised Statutes, is repealed.

["89-10.6 School/community-based management waiver. A school or a learning support center participating in the school/community-based management program may initiate a waiver from policies, rules, or procedures, including collective bargaining agreements, as provided for in section 302A-1126."]

SECTION 5. Section 302A-202, Hawaii Revised Statutes, is repealed.

["[302A-202 Student assessments.] Any school electing to participate in school/community-based management may develop and implement its own student assessment mechanisms; provided that the board shall include the results of the assessments in the educational status report to the legislature and the governor required in section 302A-1004."]

SECTION 6. Section 302A-601, Hawaii Revised Statutes, is repealed.

["[302A-601] Selection of school personnel. School/community-based management councils may participate in the selection of school personnel by providing input into the selection process."]

SECTION 7. Section 302A-1124, Hawaii Revised Statutes, is repealed.

["[302A-1124] Mandate to initiate school/community-based management system. The department, through the board and its superintendent, shall formulate policies, including criteria and procedures to determine which schools and learning support centers shall participate in the system, to initiate a school/community-based management system in the public schools."]

SECTION 8. Section 302A-1125, Hawaii Revised Statutes, is repealed.

["[302A-1125] Educational objectives. The board shall formulate such policy and exercise such control as may be necessary to define a common set of educational goals that the schools subject to the school/community-based management system shall be responsible for fulfilling. The board shall also be responsible for formulating standards for measuring the efforts of each participating school toward achieving those goals each year. The participating schools shall be free to use all reasonable means to accomplish those goals with the resources available to them."]

SECTION 9. Section 302A-1126, Hawaii Revised Statutes, is repealed.

["[302A-1126] Waiver of policy, rule, or procedures. Any state agency that may be required to act under state law on a matter affecting an individual school, its school community, or a learning support center shall waive otherwise applicable policies, rules, or procedures when requested to do so by a school or a learning support center participating in the school/community-based management system unless the agency, within thirty days, can justify a denial to the appropriate authority. The board shall adopt procedures necessary to process waivers initiated by schools or learning support centers subject to the school/community-based management system. This section shall apply to collective bargaining agreements as provided for in all relevant collective bargaining agreements negotiated pursuant to chapter 89."]

SECTION 10. Section 302A-1127, Hawaii Revised Statutes, is repealed.

["[302A-1127] Rules. The board may adopt rules under chapter 91 to implement sections 302A-202, 302A-1124 to 302A-1126, and 302A-1507."]

SECTION 11. Section 302A-1507, Hawaii Revised Statutes, is repealed.

["[302A-1507] Classroom cleaning project; established. (a) There is established a classroom cleaning project in schools designated to participate in school/community-based management. Each school/community-based management school, through its council, may develop mechanisms to provide for classroom cleaning, including but not limited to having parent, student, or other community groups clean the classrooms on a regular, continuing basis.

(b) School/community-based management schools may use any available resources to achieve the purposes of this section; provided that no full-time custodial staff currently employed at the school shall be displaced."]

Part III

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon the ratification of amendments to the state constitution to abolish the state board of education.