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HOUSE OF REPRESENTATIVES

H.B. NO.

1083

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EDUCATION GOVERNANCE.

 

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

SECTION 1. It appears that Hawaii's unitary, centralized school governance system is outmoded in relation to the needs and desires of today. The centralized allocation of school funding is well worth retaining. But for almost thirty of the forty years since our school governance system was written into the state constitution, there have been calls for decentralizing it. Polls suggest the public wants decentralization, and neighbor island residents feel that it is the only way their children's needs will ever be addressed in the ways they wish them to be.

Experience shows that a decentralized system would permit far more diversification to accommodate the needs of particular groups and would thus function more effectively. Research shows a number of advantages for establishing local districts -- for example, that the larger a school district is, the lower the achievement of its students. Hawaii's centralized system is the size of Philadelphia's, the eighth largest system in the nation. Although Hawaii has introduced several reforms that presumably promised decentralization, that has not occurred. We can afford to assure it now, however, since our standards provide extensive direction from the state, and the checking of school effectiveness will provide sufficient state oversight. Many hold that the switch that standards-based education represents -- from input control of schools (mandates, regulations, monitoring) to output control (assessment of school effectiveness) -- will enable schools to operate more efficiently and effectively. The purpose of this Act is to facilitate the decentralization of public education.

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 School districts; establishment. (a) The State shall be organized into at least seven school districts as generally provided for in the state constitution. In the case of Oahu and Hawaii, the composition of each of the districts on each island shall be determined by an apportionment commission as provided for in section 302A-E in a manner consistent with the general boundaries set forth in the state constitution; provided that to the extent feasible, each of the districts located on Oahu and the districts located on Hawaii shall contain approximately the same number of schools.

302A-B District boards; duties; powers; composition; qualifications; elections; term, vacancies. (a) There shall be a local district school board of education for each of the districts provided for in section 302A-A and the state constitution. Each district shall formulate and implement educational policies and objectives for the district not inconsistent with statewide educational standards.

(b) Each district board shall be principally accountable and responsible for the development of educational objectives and the delivery of general and special education within its district.

(c) Each district board shall be principally accountable and responsible for the development of an annual district wide budget for the delivery of general and special education within the district. The annual district wide budget shall include, but shall not be limited to, allocations for:

(1) District board expenses;

(2) Salaries for teachers, staff, and the district superintendent;

(3) Contracts for the delivery of services within the district, including repair, maintenance, or construction of facilities;

(4) Existing or new educational programs; and

(5) Debt service.

The annual district budget shall be submitted to the state board of education and the superintendent of education no later than ninety days before the end of the fiscal year.

(d) 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.

(e) 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. Each district board shall also select a member to serve as the district representative to the state board of education.

(f) 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.

(g) Members of district boards shall serve for a term of four 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 majority vote of the remaining board members.

(h) 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 seats on a district board, the elected members of the district board shall appoint members to fill the remaining seats by majority vote.

(i) For those districts with a military presence, each district board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the district board, who shall serve for a four-year term without compensation. As the liaison to the board, the military representative shall advise the board on district education policies and departmental and district 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.

(j) 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.

(k) Each district board may employ staff in order to effectuate the purposes of this chapter, but may employ no more than fifteen staff members.

302A-C School districts; district superintendents; appointment and qualifications. (a) Each local district board shall appoint a district superintendent for its district by majority vote and fill any vacancy occurring in that position.

(b) A local district board may remove its district superintendent at any time by majority vote.

(c) The district superintendent shall hold no other public office or other employment.

(d) The district superintendent shall be paid a salary as determined by the local district board. The district superintendents shall be exempt from chapters 76 and 89.

302A-D School districts; district superintendents; powers and duties. (a) District superintendents shall assist the district boards in:

(1) Implementing the district wide educational policies formulated by the local district boards;

(2) Helping formulate local district objectives and benchmarks;

(3) Allocating moneys to each school within the district; and

(4) Creating the annual district wide budget.

(b) District superintendents shall be responsible and accountable for the delivery of all administrative services, within their respective areas, which shall include:

(1) Personnel, fiscal, and facilities support; and

(2) Monitoring of compliance with applicable state and federal laws.

(c) Each district superintendent 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 district board, for the district's educational, financial, and management 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 participate in the appointment and reappointment of all principals and vice principals;

(6) Issue an annual report to the local district board, which shall be made available to residents of the district, and include results of achievement measurements made under this section, and delineate the nature of any reforms and corrective action 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;

(7) Ensure that the parents and guardians of the district's students are informed in a timely manner of any policy or programs being implemented within the district;

(8) Institute policies to elevate the standard of teaching and improve the performance of the schools of the district; and

(9) Inspect and survey all public schools within the district and notify the local district board of the need for repairs and maintenance.

(d) If requested by a school within the district, district superintendents may assist a school in designing pedagogy, educational structures, instructional programs, and organizational structures within schools.

302A-E School district apportionment commission; duties; composition. (a) There shall be a school district apportionment commission, which shall be responsible for determining the boundaries for each school district on the islands of Oahu and Hawaii. The first school district apportionment commission shall be constituted no later than thirty days after the effective date of this Act and shall designate the precise geographical boundaries of each school district on Oahu and Hawaii by proclamation issued no later than the one hundred days from the date of certification of its members, effective for the following school year. Thereafter, concurrent with the constitution of a reapportionment commission pursuant to Article IV of the state constitution, a school district apportionment commission shall be constituted and the school district apportionment commission shall, by proclamation issued no later than one hundred days from the date of certification of its members, designate the precise geographical boundaries of each school district on Oahu and Hawaii effective the following school year.

(b) The school district apportionment commission shall consist of seven members as follows:

(1) Three members appointed by the Governor;

(2) One member appointed by the governor from a list of three or more candidates provided by the speaker of the house of representatives;

(3) One member appointed by the governor from a list of three or more candidates provided by the house minority leader;

(4) One member appointed by the governor from a list of three or more candidates provided by the president of the senate; and

(5) One member appointed by the governor from a list of three or more candidates provided by the senate minority leader.

(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-F State superintendent of education; powers and duties; selection. (a) The superintendent of education shall serve as the liaison between the state board of education and the governor and shall be responsible for allocating moneys to the district boards of education per the funding formulae established by the state board of education. The superintendent of education shall also be primarily responsible for the implementation and meeting of statewide standards and for the general supervision and management of the department of education.

(b) The superintendent of education, in consultation with and subject to the approval of a majority of the state board of education; shall:

(1) Propose a budget to the governor that shall reflect the overall goals and objectives of the department and each of the local district boards;

(2) Facilitate coordination among and between school districts;

(3) Assess, and establish, in conjunction with the state board of education, minimum statewide standards for the performance of public schools in each district, including charter schools;

(4) Allocate the departmental budget to the district boards and supervise all federal and nonstate funds;

(5) Assist school districts, as requested, with applications for federal and nonstate funds;

(6) Create, in conjunction with the state board of education, funding formulae to allocate money to each district based upon student need and enrollment within the district; and

(7) Employ staff and consultants as necessary for the proper and efficient administration of the department.

(c) The superintendent of education serving as of the effective date of this Act shall serve as the superintendent of education until such time as the district boards select a superintendent of education pursuant to section 302A-G of this chapter. For purposes of selecting a successor superintendent of education, the term of the superintendent of education shall end on the last day of the superintendent's current contract.

302A-G State board of education; powers and duties. (a) The state board of education shall be composed of representatives selected by each district school board as provided for in the state constitution.

(b) The state board of education shall have the power to appoint and remove the state superintendent of education. The state board of education shall select the state superintendent of education by majority vote. A superintendent of education shall serve for a term of five years, which shall begin on the day of the election of the superintendent. Any vacancy that occurs through any cause other than the expiration of the term of office shall be filled by following the same process as used for the selection of the successor superintendent. The state superintendent of education may be appointed without regard to the state residency provisions of section 78-1(b).

(c) The state board of education shall have the duty and the power to create funding formulae, based on student need and enrollment, to fund each district board of education. In creating funding formulae, the state board shall account for the different funding needs of different classification of children, such as special education children.

(d) The state board of education shall have the duty and the power to formulate statewide education standards.

(e) The state board of education shall have the power to oversee compliance with federal law.

(f) The board may adopt rules pursuant to chapter 91 for the purposes of this section.

SECTION 3. Chapter 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 programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary 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] :

(1) Formulate, in conjunction with the state board of education, statewide educational standards; and

(2) Be responsible for the allocation of moneys to each school district pursuant to the per student funding formulae created by the state board of education; and

(3) Be responsible for the collection and compilation of data related to each of Hawaii's public schools.

(b) The state board of education, with the approval of a majority of district superintendents, may remove or retain the state superintendent of education by a majority vote. The state superintendent of education shall be paid a salary as determined by the state board of education. 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 interpretation and implementation of statewide academic standards, intervention upon a district's failure to meet standards and noncompliance with federal laws, and preparation and transmission of annual budget requests to the governor based upon budgets submitted by each district.

[The state librarian, under policies established by the board 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.]

(d) The functions and authority relating to the recruitment and hiring of employees of public schools heretofore exercised by the department of human resource development are transferred to the department of education established by this chapter.

(e) The functions and authority relating to the construction and maintenance of school facilities heretofore exercised by the department of accounting and general services are transferred to the department of education established by this chapter.

(f) The functions and authority relating to the control, management, and release of the budget of the department of education heretofore exercised by the department of budget and finance is transferred to the department of education established by this chapter.

(g) The functions and authority relating to the planning of locations for new school facilities heretofore exercised by the department of business, economic development, and tourism are transferred to the department of education established by this chapter.

(h) The functions and authority relating to the acquisition and disposition of public school lands and the review of leases for department of education offices heretofore exercised by the department of land and natural resources are transferred to the department of education established by this chapter.

(i) The functions and authority relating to the provision of school health services, including counseling services, heretofore exercised by the department of health are transferred to the department of education established by this chapter.

SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the departments listed in Section 3 of this Act relating to the functions transferred to the department of education shall be transferred with the functions to which they relate.

SECTION 5. Upon the full transfer of functions and authority from the departments listed in section 3 to the department of education, the department of education shall devolve such functions and responsibilities to the local district boards to the greatest extent possible.

SECTION 6. Section 302A-101, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""District superintendent" means the individual appointed by a local school district board of education to manage the school district.

"District board" means a local district school board of education.

"School district" means one of the local school districts that are determined by the school district apportionment commission established by section 302A-E, the constitution of the State of Hawaii, or by statute."

SECTION 7. 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 8. Section 302A-1101, Hawaii Revised Statutes, is repealed.

["C. Organization

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 9. Section 302A-1104, Hawaii Revised Statutes, is 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."]

SECTION 10. Section 302A-1105, Hawaii Revised Statutes, is repealed.

["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 the board 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."]

SECTION 11. Section 302A-1106, Hawaii Revised Statutes, is repealed.

["[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 12. 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 13. The state superintendent of education shall cause to be compiled a listing of all employees of the department whose functions will no longer be the responsibility of the state department of education. This list shall separate employees by job function, with a brief description of the job duties, and shall include the local school district in which the employee works. This list shall be circulated to each district board. Upon request by the district board, the superintendent of education shall supply the district board with more detailed information of an employee's job duties. All employees of the department of education are transferred to the district boards, as requested by the district boards.

No officer or employee of the State located within a district board office or within another department of the state 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 officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or 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 officer or 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 officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or 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 officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 14. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of education relating to the functions transferred to the respective district board shall be transferred with the functions to which they relate.

SECTION 15. (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 2004. 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 2005.

SECTION 16. 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 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 18. This Act shall take effect on July 1, 2004, and upon the ratification of a constitutional amendment creating local school district boards of education; provided that section 15 shall take effect upon approval, and section 302A-E in section 2 shall take effect upon approval and upon the ratification of a constitutional amendment creating local school district boards of education.

INTRODUCED BY:

_____________________________

BY REQUEST