Report Title:
School/Community Boards; Automony; Education
Description:
Proposes amendments to the state constitution to: give a school/community board exclusive jurisdiction over the internal structure, management, and operation of that school subject to the power of the legislature to identify and enact laws of statewide concern; and implement school-based budgeting.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1585 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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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 Act is to propose amendments to the Constitution of the State of Hawaii to:
(1) Give a school/community board exclusive jurisdiction over the internal structure, management, and operation of that school, subject to the power of the legislature to identify and enact laws of statewide concern; and
(2) Require the legislature to implement an equitable budget preparation and allocation process that provides maximum flexibility to school/community boards in the preparation and execution of their research and development, operating, and capital investment budgets.
SECTION 2. Article X of the Constitution of the State of Hawaii is amended by adding a new section to read as follows:
"SCHOOL-BASED BUDGETING
Section 3a. Beginning with fiscal year 2005-2006, the legislature shall implement an equitable budget preparation and allocation process that provides maximum flexibility to school/community boards in the preparation and execution of their research and development, operating and capital investment budgets."
SECTION 3. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:
"[BOARD OF EDUCATION] SCHOOL/COMMUNITY BOARDS
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 internal structure, management, and operation of each school shall be governed by a multi-member school/community board, the composition and investiture of which shall be provided by law."
SECTION 4. Article X, section 3, of the Constitution of the State of Hawaii is amended to read as follows:
"POWER OF [THE BOARD OF EDUCATION]
SCHOOL/COMMUNITY BOARDS
Section 3. [The board of education] Each school/community board shall have the power[, as provided by law,] to formulate [statewide educational] policy [and appoint] and to exercise control over that school's internal structure, management, and operation through the school's executive officer, the [superintendent of education as the chief executive officer of the public school system.] principal, who shall be appointed by the school/community board. This section shall not limit the power of the legislature to enact laws of statewide concern. The legislature shall have the exclusive jurisdiction to identify laws of statewide concern."
SECTION 5. The question to be printed on the ballot shall be as follows:
"Shall the state constitution be amended to:
(1) Give a school/community board exclusive jurisdiction over the internal structure, management, and operation of that school subject to the power of the legislature to identify and enact laws of statewide concern; and
(2) Require the legislature to implement an equitable budget preparation and allocation process that provides maximum flexibility to school/community boards in the preparation and execution of their research and development, operating and capital investment budgets?"
SECTION 6. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 7. Upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii, this amendment shall take effect on July 1, 2005.
INTRODUCED BY: |
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