Report Title:

Abolishment of BOE; Appointment of Superintendent by Governor

Description:

Proposes constitutional amendments to abolish the BOE and establish the superintendent and education select commission; and require the superintendent to be appointed by the governor, by and with the advice and consent of the senate, from a list of nominees presented to the governor by the select commission.

THE SENATE

S.B. NO.

3007

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 and establish the superintendent and education select commission;

(2) Require the state superintendent of education to be appointed by the governor, by and with the advice and consent of the senate, from a list of nominees presented to the governor by the superintendent and education select commission;

(3) Establish an office of educational accountability to provide advice to the governor and the legislature, monitor the public school system, and conduct research, in order to facilitate the formulation of educational policy;

(4) Establish a school accountability and advisory panel to advise the state superintendent of education on matters relating to the supervision, management and activities of the public school system; and

(5) Establish a school advisory council for each school complex area to advise the chief executive officer of the area on matters relating to the supervision, management and activities of the school complex area.

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

"[BOARD] STATE 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 and education select 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 superintendent and education select commission shall make the appointment 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 that appointment. If the senate rejects 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 superintendent and education select commission shall make the appointment from the list, without senate consent.

SUPERINTENDENT AND EDUCATION SELECT COMMISSION

There shall be a superintendent and education select commission that shall consist of:

(1) The governor, who shall be the chairperson of the commission;

(2) The president of the senate and one other member of the senate as provided by law;

(3) The speaker of the house of representatives and one other member of the house of representatives as provided by law;

(4) The president of the University of Hawaii; and

(5) Three other members as provided by law.

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

The superintendent and education select commission shall adopt rules that shall have the force and effect of law. The deliberations of the superintendent and education select commission shall be confidential.

The legislature shall provide for the staff and operating expenses of the superintendent and education select commission in a separate budget.

No member of the superintendent and education select 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 and education select commission shall be in the executive branch of the state government.

OFFICE OF EDUCATIONAL ACCOUNTABILITY

There shall be an office of educational accountability, the purposes of which shall be to:

(1) Provide administrative, technical and professional advice, including legal advice, to the governor and the legislature;

(2) Monitor the compliance of the public school system with the requirements of applicable state and federal law;

(3) Conduct studies, reviews, evaluations and other research, including any monitoring activities related thereto; and

(4) Perform other duties and functions as provided by law; provided that the power to supervise and manage the public school system shall be reserved to the superintendent of education,

in order to facilitate the formulation of educational policy with respect to the public school system, excluding public libraries; provided that this section shall not apply to the chief legal officer of the State.

Notwithstanding article V, section 6 to the contrary, the office of educational accountability shall be established within the office of the governor.

The governor, by and with the advice and consent of the senate, shall appoint the chief executive officer of the office of educational accountability from a list of not less than four, and not more than six, nominees for the vacancy, presented to the governor by the superintendent and education select 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 superintendent and education select commission shall make the appointment 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 rejects 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 superintendent and education select commission shall make the appointment from the list, without senate consent.

POWER OF THE [BOARD] SUPERINTENDENT OF EDUCATION

Section 3. The [board] superintendent 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.] general supervision and management of the public school system as provided by law, and shall be accountable for all of the activities of the public school system, excluding public libraries.

SCHOOL ACCOUNTABILITY AND ADVISORY PANEL

There shall be a school accountability and advisory panel, the membership of which shall be established by law; provided that there shall be at least one panel member residing in each school complex area, as provided by law. The school accountability and advisory panel shall advise the state superintendent of education on matters relating to the supervision, management and activities of the public school system, excluding public libraries.

SCHOOL ADVISORY COUNCILS

There shall be a school advisory council for each school complex area, the members of which shall represent the faculty and staff, community and parents of each school complex area, as provided by law. A school advisory council shall advise the chief executive officer of the school complex area on matters relating to the supervision, management and activities of the school complex area, excluding public libraries."

SECTION 3. Article XVIII, 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 and the superintendent and education select commission be established;

(2) 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 presented to the governor by the superintendent and education select commission;

(3) There be an office of educational accountability to provide advice to the governor and the legislature, monitor the public school system, and conduct research, in order to facilitate the formulation of educational policy;

(4) There be a school accountability and advisory panel to advise the state superintendent of education on matters relating to the supervision, management and activities of the public school system; and

(5) There be a school advisory council for each school complex area to advise the chief executive officer of the area on matters relating to the supervision, management and activities of the school complex area?"

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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