Implements decentralization of education governance and management to the school-community level and other aspects of full education reform. (SB3018 HD1)
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 legislature finds that the critical problem with Hawaii's public education system lies with its current governance and management structure. As a highly centralized system, the department of education in this State is unique in the nation. While this system provides central financing and equitable distribution within the system, it also has serious drawbacks: overlapping authorities, ambiguous responsibilities, lack of accountability, micromanagement by bureaucrats and political interests, unsatisfactory performance, and, above all, responsibility and accountability far removed from the classrooms and local communities.
The legislature finds devolving responsibility and authority to the local community level will improve Hawaii's public education system by providing increased accountability and clear lines of authority.
The legislature has proposed to the voters a constitutional amendment to abolish the board of education and replace it with local school boards, and provide for the department of education to be headed by a superintendent appointed by the governor. The legislature further proposed that the department's responsibilities be determined by statute to effectuate the goal of decentralization.
To implement this goal, this Act creates a school district apportionment commission to establish fifteen school districts throughout the State. A school board is established for each district that is primarily responsible for the delivery of public education within that district. The school boards are to be composed of five elected members and shall appoint a district administrator with broad powers and flexible authority to encourage, assist, and support schools within their districts.
The purpose of this Act is to implement these goals and provide a new and improved structure for the governance and management of our public school system.
SECTION 2. Chapter 302A,Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . School governance
§302A-A Superintendent of education; powers and duties. (a) The superintendent of education shall formulate statewide educational policy and be responsible for the general supervision and management of the department.
(b) The superintendent, in consultation with the district boards, shall:
(1) Establish offices and employ staff and consultants as necessary for the proper and efficient administration of the department;
(2) Propose a budget to the governor that shall reflect the overall goals and objectives of the department;
(3) Analyze the present and future goals, needs, and requirements of public early childhood, elementary, secondary, and vocational-technical education in the State and establish comprehensive means to achieve a well-coordinated system of high achievement in public education;
(4) Prepare a master plan for public early childhood, elementary, middle, high school, and vocational-technical education. The master plan shall include:
(A) Enrollment projections;
(B) Use of facilities;
(C) Promotion of research;
(D) Programmatic excellence;
(E) Community service activities and school activities;
(F) Recommendations for the construction or acquisition of new facilities;
(G) Program distribution; and
(H) The need for program revision, including the termination of obsolete or unnecessarily duplicative programs.
The master plan shall reflect the goals and standards of the department;
(5) Facilitate coordination among and between school districts;
(6) Assist school districts, as requested, in the development of school/community-based management systems as provided in section 302A-1124 and in the delivery of public education within each district;
(7) Assess, monitor, and establish minimum statewide standards for the performance of public schools in each district, including charter schools;
(8) Execute the departmental budget, including supervising all federal and nonstate funds;
(9) Establish guidelines for personnel evaluation; provided that school districts shall be responsible for developing and implementing programs and standards, which may provide for a more rigorous and comprehensive evaluation process;
(10) Seek, accept, establish, and administer grants, gifts, awards, and trusts, and develop guidelines as needed for the disbursement of these funds; and
(11) Do all things necessary and proper to carry out the purposes of this chapter.
§302A-B School districts; establishment. The State shall be organized into fifteen school districts whose composition shall be determined by the school district apportionment commission, as established in section 302A-D; provided that to the extent possible:
(1) Each district shall contain approximately the same number of schools; and
(2) Each district shall cover a contiguous land area; provided that the islands of Molokai, Lanai, and Niihau may be incorporated within other districts.
§302A-C District boards; duties; composition; qualifications; elections; term; vacancies. (a) There shall be a local district school board of education for each district that shall implement the statewide educational policies formulated by the superintendent and formulate and implement local district objectives.
(b) Each district board shall be principally accountable and responsible for the development of educational objectives and the delivery of public education within its district. Each district board shall also be accountable and responsible for the delivery of special education programs within its district.
(c) The members of the district boards shall serve without compensation, but may be reimbursed for expenses necessarily and reasonably incurred in the performance of their responsibilities. The district boards shall conduct public meetings and shall solicit the opinions and expertise of stakeholders, including parents, students, teachers, school administrators, community members, and other interested parties.
(d) Each district board shall consist of five members elected in a nonpartisan manner by registered voters in their respective districts. Each district board shall select a chair from among its members.
(e) No person shall be eligible for election to a district board unless the person is a registered voter and a resident of the district from which the person is to be elected. No member of a district board shall hold or be a candidate for any other public office under the state or county governments in accordance with article II, section 7, of the Constitution of the State; nor shall a person be eligible for election to a district board if that person is also a candidate for any other public office under the state or county governments.
(f) Members of district boards shall serve for a term of two years, which shall begin on the day of the election of the elected members. Any vacancy that occurs through any cause other than the expiration of the term of office shall be filled by the appointment of a new member by the superintendent.
(g) The members of a district board shall be elected at an election in which the five candidates who receive the most votes shall be elected. In the event that there are not enough qualified candidates to fill the elected seats on a district board, the superintendent shall appoint members to fill the remaining seats.
(h) As used in this section, "public office" does not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster relief.
§302A-D School district apportionment commission; duties; composition. (a) There shall be a school district apportionment commission, which shall be responsible for determining the boundaries of each school district. Upon the implementation of a new apportionment plan, the school district apportionment committee shall, by proclamation issued no later than the tenth day prior to the close of filing in elections, designate the precise geographical boundaries of each school district.
(b) The school district apportionment commission shall consist of seven members as follows:
(1) The superintendent;
(2) Two members appointed by the governor;
(3) Two members appointed by the governor from a list of candidates provided by the speaker of the house of representatives; and
(4) Two members appointed by the governor from a list of candidates provided by the president of the senate.
(c) Members of the commission shall serve without compensation, but shall be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties under this section.
§302A-E School districts; district administrators; appointment and qualifications. (a) Each district board shall appoint a district administrator for its district and fill any vacancy occurring in that position; provided that:
(1) The superintendent shall nominate three candidates from which each district board shall select its district administrator; and
(2) A district board may remove its district administrator with the approval of the superintendent.
(b) In nominating candidates for district administrators, the superintendent shall select persons on the basis of their knowledge, experience, or proven expertise in administration, management, and professional responsibility.
(c) The district administrators shall hold no other public office or other employment.
(d) The district administrators shall be paid salaries set by the superintendent within the range of $ to $ . The district superintendents shall be exempt from chapters 76 and 89.
§302A-F District administrators; appointees; powers; duties. (a) District administrators shall assist the district boards in:
(1) Implementing statewide educational policies formulated by the superintendent; and
(2) Formulating and implementing local district objectives and benchmarks.
(b) District administrators shall be responsible and accountable for the delivery of all administrative and instructional support services within their respective areas which shall include:
(1) Personnel, fiscal, and facilities support;
(2) Monitoring of compliance with applicable state and federal laws; and
(3) Curriculum development, student assessment, and staff development services.
(c) Each district administrator shall:
(1) Hire staff as necessary;
(2) Contract for or employ consultants, counsel, or other outside parties as necessary to design, implement, or evaluate the plan for the school district and to properly operate the school district;
(3) Set goals, in consultation with the superintendent and district board, for the district's educational, financial, and management progress, and establish accountability standards with which to measure the district's progress;
(4) Have the responsibility and authority to hire a principal and vice principals as deemed necessary for each public school within the district;
(5) Have the responsibility and authority to evaluate and remove all such principals and vice principals, subject to collective bargaining agreements;
(6) Develop, implement, and regularly update a plan to measure student academic performance at each school within the district. Subject to chapter 89, where measurements demonstrate that students in particular schools are not achieving, or are not improving their achievement levels at an acceptable rate, the plan shall contain provisions requiring the district superintendent to take corrective action within those schools, including reallocation of academic and financial resources, reassignment of staff, redesign of academic programs, and deploying additional assistance to students;
(7) Issue an annual report to the superintendent, which shall be made available to residents of the district, and includes results of achievement measurements made under this section, and delineates the nature of any reforms and corrective actions being taken in response to unacceptable achievement levels. The report shall also contain descriptions of efforts undertaken to improve the overall quality or efficiency of operation of the district, shall list the source of all district revenues, and shall contain a description of all district expenditures during the preceding fiscal year;
(8) Ensure that the parents and guardians of the district's students are informed in a timely manner of any changes being implemented within the district;
(9) Supervise the management of all schools within the school district;
(10) Visit each public school in the district regularly, noting the methods of instruction, the textbooks used, and the discipline and general condition of the schools;
(11) Institute policies to elevate the standard of teaching and improve the condition of the schools of the district; and
(12) Inspect and survey all public schools within the district and notify the superintendent of the need for repairs and maintenance.
§302A-G Rules. The superintendent shall adopt rules pursuant to chapter 91 as may be necessary to implement this part."
SECTION 3.Section 26-12, Hawaii Revised Statutes, is amended to read as follows:
"§26-12 Department of education. (a) The department of education shall be headed by [
an executive board to be known as the board of education. Under policies established by the board, the superintendent] a single executive to be known as the superintendent of education who shall [ administer]:
(1) Formulate statewide educational policy;
(2) Be responsible for the supervision and management of the department; and
(3) Coordinate the delivery by school districts of programs of education and public instruction [
throughout the State,] within each district, including education at the preschool, [ primary, and secondary] elementary, middle, and high school levels, adult education, school library services, health education and instruction (not including dental health treatment transferred to the department of health), and such other programs as may be established by law.
(b) The governor shall appoint and may remove the superintendent of education as provided in the State Constitution. The superintendent of education shall hold no other public office or other employment during the superintendent's term of office.
The superintendent of education shall be exempt from chapters 76 and 89.
(c) The department shall serve as the central system responsible for the overall coordination of statewide educational policy, including the interpretation and implementation of minimum academic standards, monitoring of compliance with state and federal laws, and preparation and execution of a statewide budget for the public school system.
The department shall work with the school districts to provide the delivery of public education within their respective areas, which shall include:
(1) Personnel, fiscal, and facilities support;
(2) Monitoring of compliance with applicable state and federal laws; and
(3) Curriculum development, student assessment, and staff development services.
(d) The state librarian, under policies established by the [
board of education,] superintendent of education, shall be responsible for the administration of programs relating to public library services and transcribing services for the blind.
The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter. The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter. The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination. Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services, the board of education may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association. Notwithstanding any law to the contrary, the board of education may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the board of education on matters relating to public library services in their respective county.]"
SECTION 4. Section 26-52, Hawaii Revised Statutes, is amended to read as follows:
"§26-52 Department heads and executive officers. The salaries of the following state officers shall be as follows:
(1) The salary of the superintendent of education shall be set by the [
board of education at a rate no greater than $150,000 a year;] governor within the range of $98,000 to $150,000;
(2) The salary of the president of the University of Hawaii shall be set by the board of regents;
(3) The salaries of all department heads or executive officers of the departments of accounting and general services, agriculture, attorney general, budget and finance, business, economic development, and tourism, commerce and consumer affairs, Hawaiian home lands, health, human resources development, human services, labor and industrial relations, land and natural resources, public safety, taxation, and transportation shall be $85,302 a year; and
(4) The salary of the adjutant general shall be $85,302 a year; provided that if this salary is in conflict with the pay and allowance fixed by the tables of the regular army or air force of the United States, the latter shall prevail."
SECTION 5. Section 302A-101, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""District administrator" means the individual appointed by a local district school board of education to manage the school district.
"District board" means a local district school board of education.
"School district" means one of the fifteen local school districts that are determined by the department of education apportionment commission."
SECTION 6. Section 302A-604, Hawaii Revised Statutes, is repealed.
[§302A-604] District superintendents. The superintendent of education, with the approval of the board, shall appoint district superintendents for schools."]
SECTION 7. Section 302A-1101, Hawaii Revised Statutes, is repealed.
§302A-1101 Department of education; board of education; superintendent of education. (a) There shall be a principal executive department to be known as the department of education, which shall be headed by an elected policy-making board to be known as the board of education. The board shall have power in accordance with law to formulate statewide educational policy, adopt student performance standards and assessment models, monitor school success, and to appoint the superintendent of education as the chief executive officer of the public school system. (b) The board shall appoint, and may remove, the superintendent by a majority vote of its members. The superintendent: (1) May be appointed without regard to the state residency provisions of section 78-1(b); (2) May be appointed for a term of up to four years; and (3) May be terminated only for cause. (c) The board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board, who shall serve for a two-year term without compensation. As the liaison to the board, the military representative shall advise the board regarding state education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel. The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, regulations, and policies and may be removed only for cause by a majority vote of the members of the board."]
SECTION 8. Sections 302A-1104, 302A-1105, and 302A-1106, Hawaii Revised Statutes, are repealed.
[§302A-1104] Learning support centers. Beginning with the 1995-1996 school year and until June 30, 1999, school-level support for curriculum and instruction shall be provided through learning support centers to be governed by schools within each complex. The centers shall assist school personnel in the delivery of instructional services by providing support through curriculum development, student assessment, staff development, and resource allocation. The types of services offered and the manner in which these services are provided by the centers, as well as the prioritization and allocation of available resources, shall be determined by policies established by each complex. Any regional administrative units established by the department shall be assigned all administrative functions and provide administrative support to the learning support centers. [§302A-1105] Compensation; expenses. Board of education members shall be allowed: (1) Compensation at the rate of $100 per day for each day's actual attendance at meetings; (2) Transportation fares between islands and abroad; and (3) Personal expenses at the rates specified by section 78-15, while attending board meetings or while on official business as authorized by the chairperson, when the board meetings or official business require a board member to leave the island upon which the board member resides. [§302A-1106] Organization; quorum; meetings. The board shall elect from its own membership a chairperson and a vice-chairperson. A majority of all members to which the board is entitled shall constitute a quorum to do business and the concurrence of a majority of all members to which the board is entitled shall be necessary to make any action of the board valid; provided that due notice shall have been given to all members of the board or a bona fide attempt shall have been made to give due notice to all members of the board to whom it was reasonably practicable to give due notice. Meetings shall be called and held, at the call of the chairperson or by a quorum, as often as may be necessary for the transaction of the department's business."]
SECTION 9. Section 302A-1111, Hawaii Revised Statutes, is repealed.
[§302A-1111] Duties of superintendent. (a) Under policies established by the board, the superintendent shall be designated as the chief executive officer of the public school system having jurisdiction over the internal organization, operation, and management of the public school system, as provided by law; and shall administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, and such other programs as may be established by law. (b) Except as otherwise provided, the superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department. The superintendent may use a printed facsimile signature in approving appointments, contracts, and other documents. The superintendent, at such time as may be prescribed by the board, shall present to the board full annual reports of the principal transactions within the department during the last completed year, which reports together with such recommendations as the board may think proper, shall be presented to the governor and the legislature."]
SECTION 10. All employees of the board of education are transferred to the department of education.
All employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an employee having tenure is abolished, the employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 11. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the board of education shall be transferred to the superintendent of education with the functions to which they relate.
SECTION 12. (a) The speaker of the house of representatives and the president of the senate shall convene a joint senate-house task force to:
(1) Review all education statutes and other statutes that will require amendments to conform with or implement the provisions of this Act, including replacing references to the board of education with appropriate terms that are consistent with this Act;
(2) Propose legislation governing elections for district board members; and
(3) Analyze the effects of this Act with input from state, federal, and private agencies and propose improvements or additions to this Act.
The task force shall enlist the assistance of the legislative reference bureau for research and drafting of proposed legislation.
(b) The task force shall consist of three representatives and three senators, as selected by the speaker of the house of representatives and the president of the senate, respectively; provided that:
(1) One house member shall be the chair of the house committee on education;
(2) One senate member shall be the chair of the senate committee on education;
(3) One senator shall represent the minority caucus;
(4) One representative shall represent the minority caucus; and
(5) The speaker of the house and the president of the senate shall each choose one member to act as co-chair.
(c) The task force shall submit an interim report of findings to the legislature no later than twenty days prior to the convening of the regular session of 2003. The task force shall submit its final report of findings and recommendations, including proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2004.
SECTION 13. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 15. This Act shall take effect on July 1, 2005, and upon the ratification of a constitutional amendment requiring the abolition of the board of education and the appointment of the superintendent of education by the governor; provided that section 12 and section 302A-D in section 2 shall take effect upon approval and upon the ratification of a constitutional amendment requiring the abolition of the board of education and the appointment of the superintendent of education by the governor.