Report Title:
Education Reform; Student Weighted Formula
Description:
Implements education reform and decentralization measures; establishes a student weighted formula for providing operating moneys to individual public schools. (HB2002 HD1)
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2002 |
TWENTY-SECOND LEGISLATURE, 2004 |
H.D. 1 |
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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 legislature finds that significant changes need to be made to enhance Hawaii's public education system, and improving student achievement should be the guiding principle behind this effort. However, the legislature further finds that the State's students, parents, teachers, school administrators, departmental staff, and other educational stakeholders do strive to achieve excellence. Unfortunately, their efforts will never be completely successful until various aspects of the system around them is improved.
The legislature has supported and will continue to support efforts by the department of education to reinvent Hawaii's schools to meet the needs of today's workplace. Research shows that student performance is significantly higher in smaller schools. While comprehensively establishing smaller schools throughout the State is not economically feasible, some schools have taken it upon themselves to create smaller and more manageable learning communities within their schools. Research also strongly supports the need for early childhood education and the establishment of a coherent system that spans all levels of education. The department of education teamed with the University of Hawaii and Good Beginnings Alliance to create a vision for such a system, which was presented in 2002, and is now being implemented.
Despite these efforts, more needs to be done. Currently, public school principals are faced with a nearly impossible task, as they are asked to attend to every detail of operating their schools without enough institutional support or the discretion to expend funds on programs of their choosing. While some support and additional school leadership is provided by the school/community-based management (SCBM) system at many schools throughout the State, SCBM plays a far more limited role at some locations, and has not been implemented at all at others.
Recently, departmental leadership was decentralized through the creation of the complex area system, including the hiring of complex area superintendents. While replacing the old district system with this new structure was an important first step, further changes need to be made to allow meaningful authority to exist as close to the schools as possible. The complex area structure will serve as an excellent base upon which to build these continued reforms. Ideally, a far greater number of decisions, and a much higher percentage of moneys, will be placed directly in the hands of individual schools and their leaders.
Another area of improvement necessary to promote excellence in learning is the method by which moneys are allocated to individual schools. Hawaii currently receives high marks nationally for funding equity, as the State's organization under a single statewide district enables it to fairly disburse moneys to schools. In other states, local revenue sources such as property taxes account for a significant portion of school and district funding, resulting in massive financial disparities between schools in more and less affluent areas.
Although the State avoids this particular pitfall, further improvements can be made to ensure that moneys go to the schools that truly have the greatest need, and to place more moneys at the discretion of individual schools. While the current funding system takes into account certain criteria when allocating moneys to schools, it does not comprehensively address the fact that some students cost more to educate than others. For example, students with special needs, such as those with limited English proficiency, or who have physical, psychological, or other impediments to learning, are more expensive to teach than other students who are not faced with such barriers. The current system also does not adequately empower schools by giving them significant authority to expend funds.
One method that can be used to address these funding issues is a student weighted formula. Under such a system, moneys are allocated to schools based on a system of weights that applies to every student in the public schools. To determine which weights apply to each student, the cost of educating a theoretical "baseline" student with no measurable impediments to learning is calculated. Then a set of criteria is devised which can be applied to any student to determine how expensive it is to educate that student, relative to the "baseline" student.
Under a student weighted formula there are several advantages. Among other things:
(1) The true cost of educating students can be much more accurately assessed;
(2) Funds follow students to whichever school they attend;
(3) More operating moneys are placed in the hands of individual schools; and
(4) The budget process becomes more transparent as it is based on dollars, not staff positions.
Another benefit of using this system in Hawaii, is that it may also be applied to the State's charter schools, which have faced significant funding difficulties in recent years. In this way, one funding mechanism can be used to ensure that moneys are distributed fairly to all schools in Hawaii.
However, establishing a student weighted formula cannot be effective in a vacuum. Other reform measures must be implemented as well. In particular, principals will need more training and support if they are required to take on additional responsibilities. Furthermore, the SCBM system will need to be enhanced if it is to become a more critical part of the school's leadership team.
The department of education is also faced with significant impediments that will likely reduce their ability to effectively implement the student weighted formula. With educational responsibilities spread throughout numerous state agencies, there are various roadblocks to progress that could keep the department of education and individual schools from successfully performing their duties and making the best use of a new funding system.
The legislature finds that a comprehensive effort addressing all of these issues is required for Hawaii's public schools to maximize student achievement. Accordingly, the purpose of this Act is to enhance educational outcomes in Hawaii's public schools by:
(1) Requiring the department of education to apply a student weighted formula in allocating operating moneys to all public schools;
(2) Replacing the current SCBM system with a mandatory school community council system that is to be implemented at each public school;
(3) Appropriating moneys to expand the SCBM system and prepare for the implementation of school community councils;
(4) Appropriating moneys for principals' training;
(5) Establishing the advisory group on student weighted funding to address issues relating to the implementation of the student weighted funding system;
(6) Establishing the committee on weights within the department of education to determine student weights;
(7) Creating a national board certification incentive program for teachers; and
(8) Creating the working group on interagency relations to develop plans to transfer certain functions of various state agencies to the department of education.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Student weighted formula. In providing operating moneys to public schools, the department shall implement a student weighted formula that takes into account the educational needs of each student. Under the student weighted formula, the department shall:
(1) Create a list of applicable criteria that affect the cost of educating students;
(2) Determine the cost of educating a baseline student; and
(3) Create a system of weights based upon the criteria that may be applied to the cost of a baseline student to determine the relative cost of educating any student.
As used in this section, "baseline student" means a public school student to which none of the criteria determined under paragraph (1) apply."
SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- School complex-based decision-making. Beginning with the 2006-2007 school year, all decisions relating to contracts for professional services and health and human services shall be made by the principals in a school complex. Notwithstanding any law to the contrary, all decisions subject to this section shall be binding on all schools within the school complex. In the event of a conflict between this subsection and any other law, this subsection shall control."
SECTION 4. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Teacher national board certification incentive program. There is established within the department of education a teacher national board certification incentive program to recognize public school teachers who have achieved national board certification from the national board for professional teaching standards. The program shall provide:
(1) A $5,000 bonus per year for each public school teacher who has current national board certification; and
(2) A one-time reimbursement of not more than $2,500 for public school teacher applicants who achieve national board certification for expenses related to the application for national board certification not previously reimbursed; provided that this reimbursement shall not apply for the 2004-2005 fiscal year if the reimbursement called for in the existing memorandum of understanding between the board of education and Hawaii state teachers association which expires on June 30, 2005, is already funded in a separate budget, Act, or agreement.
The incentive program shall include a mentoring component that encourages and enables national board certified teachers to assist other teachers and share their teaching expertise."
SECTION 5. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Hawaii principals academy. There is established the Hawaii principals academy, which shall be placed within the department for administrative purposes only. The academy shall fully support and train department principals to become better school leaders, assuring that each principal is trained to fully assume the principal's role as the educational leader accountable under section 302A-1004. The academy may also provide training to school community councils designed to facilitate their effective collaboration with principals."
SECTION 6. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Procurement of goods, services, and construction. The department shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices, but not subject to chapters 103D and 103F. Where possible, however, the department is encouraged to use the provisions of chapters 103D and 103F; provided that the use of one or more provisions of chapters 103D and 103F shall not constitute a waiver of the exemption of chapters 103D and 103F and shall not subject the department to any other provision of chapters 103D and 103F."
SECTION 7. Section 37-41.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of education may retain up to [five] ten per cent of any appropriation, except for appropriations to fund financing agreements entered into in accordance with chapter 37D, [for the school-based budgeting program EDN 100 and for the comprehensive school support services program EDN 150 at the close of a fiscal year] and the funds retained shall not lapse until June 30 of the first fiscal year of the next fiscal biennium. The department of education shall submit:
(1) A report to the director of finance ninety days after the close of each fiscal year, which shall be prepared in the form prescribed by the director of finance and shall identify the total amount of funds that will carry over to the next fiscal year; and
(2) A copy of this report to the legislature, as well as a report identifying the carryover of funds on a school-by-school basis, at least twenty days prior to the convening of the next regular session of the legislature."
SECTION 8. Section 37-67, Hawaii Revised Statutes, is amended to read as follows:
"[[]§37-67[]] Responsibilities of the department of budget and finance. The director of finance shall assist the governor in the preparation, explanation, and administration of the state long-range plans, the proposed six-year program and financial plan, and the state budget. To this end, subject to this part, the director shall:
(1) With the approval of the governor, develop procedures and prescribe rules and regulations to guide such state agencies as may be assigned by the director the task of formulating and preparing the initial proposals with respect to long-range plans, program and financial plans, program budget requests, and program performance reports and to assure the availability of information needed for effective policy decision-making[.];
(2) Assist such state agencies in the formulation of program objectives, preparation of program plans and program budget requests, and reporting of program performance[.];
(3) Coordinate, analyze, and revise as necessary the program objectives, long-range plans, program and financial plans, program budget requests, and program performance reports initially proposed or prepared by such state agencies and develop the state comprehensive program and financial plan, budget, and program performance report[.];
(4) Administer its responsibilities under the program execution provisions of this part so that the policy decisions and budget determinations of the governor and the legislature are implemented to the fullest extent possible within the concepts of proper management[.];
(5) Investigate continuously the administration of the various agencies for the purpose of advising the governor and recommending to the governor, the legislature, and the committees of the legislature concerning the duties of the various positions in these agencies, the methods of the agency, the standards of efficiency therein, and changes which in the director's judgment will produce greater effectiveness of programs and economy in the conduct of government programs and assist in the preparation of program and financial plans, budget requests, and program performance reports[.];
(6) Provide the legislature and any member or committee of either house of the legislature with such documents and information as may be requested concerning the programs, budget, and fiscal and management operations of the State[.];
provided that this section shall not apply to the board of education and department of education."
SECTION 9. Section 89-10.6, Hawaii Revised Statutes, is amended to read as follows:
"§89-10.6 [School/community-based management] Elected school community council waiver. A school or a learning support center participating in the [school/community-based management] school community council program may initiate a waiver from policies, rules, or procedures, including collective bargaining agreements, as provided for in section 302A-1126."
SECTION 10. Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read:
""Student weighted formula" means a formula for allocating operating moneys to individual public schools that includes a system of weighted criteria affecting the baseline cost of educating each student attending a public school."
SECTION 11. Section 302A-202, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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 12. Section 302A-1103, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1103[]] Principal; authority and responsibility. (a) The role of the principal shall include but not be limited to overseeing the day-to-day management of the school, the primary function of which is to develop and deliver instructional services to students in accordance with statewide educational policy and standards.
(b) The principal shall collaborate with the principals complex forum, which shall be composed of all principals in a school complex and facilitated by the high school principal, to:
(1) Ensure that the goals and objectives of the complex are being met;
(2) Ensure that the curriculum is aligned throughout the school complex;
(3) Coordinate the use of school complex-based personnel who divide their time between more than one school in a school complex;
(4) Coordinate the passage of students through the continuum of grades in a manner consistent with the accountability system under section 302A-1004; and
(5) Receive and address community concerns related to the school complex.
(c) The principals shall collaborate with the school community councils to:
(1) Ensure the school's compliance with the educational accountability system under section 302A-1004; and
(2) Develop and implement an academic and financial plan for success;
(3) Raise the academic performance of all students to meet state standards; and
(4) Provide collaborative opportunities for input and consultation.
(d) The principal shall ensure that the curriculum facilitates the achievement of the statewide student performance standards adopted for the public school system."
SECTION 13. Section 302A-1124, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1124[]] Mandate to initiate [school/community-based management system] school community councils. (a) 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.] shall establish school community councils that:
(1) Diffuse educational decision-making by involving and securing the input of those persons directly affected at the school level;
(2) Possess shared decision-making powers by providing the councils with responsibility over the student weighted funding budget to ensure student achievement; and
(3) Encourage school-initiated methods to develop an academic plan for success in order to achieve statewide educational goals established by the board.
Rules adopted to implement this section shall be exempt from the public notice and public hearing requirements of chapter 91.
(b) Each public school shall establish and maintain a school community council which shall collaborate with and assist the school's principal in:
(1) Ensuring the school's compliance with the educational accountability system under section 302A-1004;
(2) Developing and implementing an academic and financial plan for success;
(3) Raising the academic performance of all students to state standards; and
(4) Providing collaborative opportunities for input and consultation;
provided that, in the event of any failure to reach agreement among the school community council and the principal, the school community council shall hire a neutral third-party mediator within twenty days of the conflict to assist the parties in reaching a voluntary resolution. If the mediation is unsuccessful or the conflict continues twenty days after the mediation, the school community council shall file an appeal with the board. Within thirty days, the board shall issue its findings and final determination to the school community council.
(c) The complex area superintendents shall monitor the school community councils within their respective complexes to ensure the progress and success of the school's improvement plan.
(d) The superintendent may require a school community council to revise its school improvement plan if the plan is in violation of law or conflicts with statewide educational policies and standards. The superintendent may dissolve the existing school community council and establish a new school community council if the existing school community council engages in any act or omission that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct.
(e) Unless otherwise specified, the board shall establish policies governing the composition, election, four-year staggered terms of office for members and officers, and operation of school community councils; provided that such school community councils shall be constituted to ensure parity between the principal, teachers, and other school personnel; and equal numbers of parents, students, and community members.
(1) At the elementary and middle school levels, school community councils shall be composed of the principal and representatives of:
(A) Parents elected by ballots and collected from the parents of the school’s students;
(B) Teachers and other school personnel elected by ballots distributed among and collected from the school’s teachers and other school personnel;
(C) Community representatives selected and elected by parents of the school's students; and
(D) Not more than two student council representatives elected by students attending the school;
and
(2) At the secondary level, school community councils shall be composed of the principal and representatives of:
(A) Parents elected by ballots and collected from the the parents of the school’s students;
(B) Teachers and other school personnel elected by ballots distributed among and collected from the school’s teachers and other school personnel;
(C) Community representatives selected and elected by the parents of the school's students; and
(D) Students elected by students attending the school.
Vacancies on a school community council shall be filled pursuant to the school community council's bylaws.
(f) School community councils shall elect officers, including:
(1) A chairperson;
(2) A vice-chairperson;
(3) A secretary; and
(4) Other officers as needed to perform stated duties in support of the work of the council.
(g) Existing school/community-based management council members shall assist the new school community council members for one school year. All decisions made by existing school/community-based management councils shall remain in effect until otherwise repealed or revised by members of the new school community council.
(h) Each community school council shall receive not less than annually for the purpose of training and staff development. The cost thereof shall be met by legislative appropriations for the school community councils."
SECTION 14. Section 302A-1126, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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] school community council 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] school community council system. This section shall apply to collective bargaining agreements as provided for in all relevant collective bargaining agreements negotiated pursuant to chapter 89."
SECTION 15. Section 302A-1185, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1185 New century charter schools; funding. (a) Beginning with the fiscal year [2004-2005] 2006-2007 supplemental budget request, and each budget request thereafter, the charter school administrative office shall submit a request for general fund appropriations for each new century charter school based upon[:
(1) The actual and projected enrollment figures in the current school year for each charter school; and
(2) A per pupil amount for each regular education and special education student, which shall be equivalent to the total per pupil cost based upon average enrollment in all cost categories, including comprehensive school support services but excluding special education services, and for all means of financing except federal funds, as reported in the most recently published department of education consolidated annual financial report.
The legislature shall make an appropriation based upon the budget request; provided that] the student weighted formula established pursuant to section 302A- . The legislature may make additional appropriations for collective bargaining increases for charter school employee members of collective bargaining units and for other requested amounts. The governor, pursuant to chapter 37, may impose restrictions or reductions on charter school appropriations similar to those imposed on other public schools.
(b) All federal financial support for new century charter schools shall be no less than all other public schools; provided that if administrative services related to federal grants and subsidies are provided to the charter school by the department, the charter school shall reimburse the department for the actual costs of the administrative services in an amount that does not exceed six and one-half per cent of the charter school's federal grants and subsidies.
Any new century charter school shall be eligible to receive any supplementary financial grant or award for which any other public school may submit a proposal, or any supplemental federal grants limited to new century charter schools; provided that if department administrative services, including funds management, budgetary, fiscal accounting, or other related services, are provided with respect to these supplementary grants, the charter school shall reimburse the department for the actual costs of the administrative services in an amount that does not exceed six and one-half per cent of the supplementary grant for which the services are used.
All additional funds that are generated by the local school boards, not from a supplementary grant, shall be separate and apart from allotted funds and may be expended at the discretion of the local school boards.
[(c) To enable new century charter schools to access state funding prior to the start of each school year, foster their fiscal planning, and enhance their accountability, the charter school administrative office shall:
(1) Provide forty per cent of a new century charter school's per pupil allocation based on the new century charter school's projected student enrollment no later than August 1 of each fiscal year; provided that the new century charter school shall submit to the charter school administrative office a projected student enrollment no later than May 15 of each year;
(2) Provide an additional forty per cent of a new century charter school's per pupil allocation no later than October 15 of each year; provided that the new century charter school shall submit to the charter school administrative office a verified student enrollment no later than September 15 of each year; and
(3) Provide the remaining twenty per cent per pupil allocation of a new century charter school based on the new century charter school's verified student enrollment no later than January 1 of each year; provided that the new century charter school shall submit to the charter school administrative office a revised student enrollment no later than December 1 of each year.
(d)] (c) The department shall provide appropriate transitional resources to a new century conversion charter school for its first year of operation as a charter school based upon the department's allocation to the school for the year prior to the charter school's conversion.
[(e)] (d) No new century charter school nor new century conversion charter school may assess tuition."
SECTION 16. Section 302A-1301, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1301[]] School system financial accountability. [(a)] Beginning with the 1995-1997 fiscal biennium, the department's administrative expenditures shall not exceed 6.5 per cent of the total department operating budget unless approved by the legislature.
[(b) The department shall not transfer any funds appropriated under the school-based budgeting program EDN 100 of the state budget, except for unforeseeable circumstances that pose a threat to the health and safety of personnel and students, and subject to approval by the governor and notification to the legislature.]"
SECTION 17. 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;] school community council or the local school board, if the school is a new century charter school or a new century conversion 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 18. Section 302A-1507, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1507[]] Classroom cleaning project; established. (a) There is established a classroom cleaning project in all public schools [designated to participate in school/community-based management]. Each [school/community-based management] school, through its [council,] school community 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] 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."
SECTION 19. 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 20. 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 21. Section 302A-1306, Hawaii Revised Statutes, repealed.
["[§302A-1306] School priority program; established. (a) There is established within the department a school priority program to augment regular instruction and other educational services at the discretion of the individual public schools. Further, it is the intent of the legislature that the school priority program promote the equitable distribution of educational resources statewide, strengthen the scope of decisionmaking, increase flexibility in resource allocation at the school level, and provide a systematic method of conforming resource allocation to the unique needs and priorities of individual schools.
(b) All moneys to carry out the purposes of the school priority program under this section to section 302A-1309 shall be allocated by the legislature through appropriations out of the state general fund.
(c) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section to section 302A-1309."]
SECTION 22. Section 302A-1307, Hawaii Revised Statutes, is repealed.
["[§302A-1307] Distribution of resources. The superintendent shall allot the moneys of the school priority program to the school districts based on enrollment. In the allotment of positions to the districts, the superintendent shall calculate each district's entitlement based on enrollment and may deploy one instructional resource augmentation position for each two hundred fifty students enrolled in each school; provided that all positions shall be deployed."]
SECTION 23. Section 302A-1309, Hawaii Revised Statutes, is repealed.
["[§302A-1309] Departmental controls. The superintendent shall develop and implement appropriate planning procedures and follow-up accountability reports, without regard to chapter 91, to ensure sound planning, control, and accountability in the use of moneys allocated by the legislature to the school priority program. The procedures and reports, however, shall recognize the need for providing the schools latitude and discretion to determine their needs and priorities, and shall avoid imposing undue amounts of paperwork and administrative burdens on the schools.
The department shall submit an annual report to the legislature, which shall include but not be limited to an accounting of how funds were used by the schools."]
SECTION 24. (a) There is established within the department of education for administrative purposes, the advisory group on student weighted funding to:
(1) Identify critical impediments to the successful implementation of student weighted funding, and recommend a course of action that the legislature, board of education, and department of education should follow in order to remove these impediments in a timely manner;
(2) Identify collective bargaining issues that must be resolved in order to successfully implement student weighted funding, and recommend a course of action that the legislature, board of education, and department of education should follow in order to resolve these issues in a timely manner;
(3) Recommend approval or disapproval, in whole or in part, on the basis of efficiency, of the allocation that should be retained at the school, school complex, complex area, departmental school district, and state-level in order to improve student achievement, including:
(A) Special education and related services;
(B) School-based behavioral health services;
(C) School repair and maintenance;
(D) The consistency of curricula, in terms of scope and sequence, within a school complex; and
(E) The utilization of teacher and educational officer positions above the school-level; and
(4) Recommend approval or disapproval of the student weighted formula, in whole or in part, to the board of education;
provided that the determination of specific student and school weights, including their dollar value, to carry out the purposes of this part, shall be the responsibility of the committee on weights established in section 8.
(b) The advisory group shall be composed of eleven members, who shall be appointed by the superintendent from a list of not less than seven names submitted by each of the following individuals:
(1) The president of the senate;
(2) The speaker of the house of representatives; and
(3) The governor;
provided that each member of the advisory group shall have the appropriate professional skills, experiences, and qualifications needed to participate in the activities described under subsection (a); provided further that each list shall include diverse geographic and community interests; and provided still further that the superintendent shall choose not less than three members from each of the three lists submitted. The members of the advisory group shall select a chairperson from among themselves. The advisory group may hire a consultant to oversee, coordinate, and facilitate the activities of the advisory group. The members of the advisory group shall not be subject to section 26-34, Hawaii Revised Statutes.
(c) All members of the advisory group shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(d) The advisory group shall:
(1) With respect to subsection (a)(1), (2), and (3), submit its preliminary recommendations, including proposed legislation to implement the preliminary recommendations if appropriate, to the board of education and the legislature not less than thirty days prior to the convening of the regular session of 2005;
(2) With respect to subsection (a)(1) and (2), submit its final recommendations, including proposed legislation to implement the final recommendations, to the board of education and the legislature not less than thirty days prior to the convening of the regular session of 2006;
(3) With respect to subsection (a)(3), submit its recommendation for approval or disapproval of the method by which allocations are to be apportioned, in whole or in part, to the board of education and legislature not less than thirty days prior to the convening of the regular session of 2005; and
(4) With respect to subsection (a)(4), submit its recommendation for approval or disapproval of the student weighted formula, in whole or in part, to the board of education and legislature not less than thirty days prior to the convening of the regular session of 2005.
(e) The advisory group shall cease to exist on June 30, 2006.
SECTION 25. (a) There is established within the department of education for administrative purposes, the committee on weights to assist the department of education in determining specific student and school weights, including their dollar value, to carry out the purposes of this part.
(b) The composition of the committee on weights shall be determined by the board of education based on recommendations from the superintendent of education. The superintendent or the superintendent's designee shall chair the committee on weights.
The committee on weights may form advisory subcommittees in order to obtain input from urban and rural school communities, including parents and students; teachers, principals, and other school staff, including their collective bargaining representatives; the legislative and judicial branches of state government; the counties; private businesses; and other segments of the State’s population deemed appropriate by the board of education.
(c) Upon the completion of its appointed tasks, the committee on weights may be dismissed subject to the recall of the board of education.
(d) The members of the committee on weights shall serve at the pleasure of the board of education and shall not be subject to section 26-34, Hawaii Revised Statutes.
(e) All members of the committee on weights shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
SECTION 26. (a) There is established within the department of education for administrative purposes, the working group on interagency relations to develop comprehensive plans for transferring certain rights, powers, functions, duties, and resources from the department of accounting and general services, department of budget and finance, department of health, department of human resources development, department of the attorney general, and department of human services to the department of education.
(b) The board of education shall appoint a chairperson to oversee, coordinate, and facilitate the activities of the working group on interagency relations. The working group on interagency relations shall be composed of:
(1) The chairperson;
(2) One individual appointed by the board of education from a list of not less than three names submitted by the auditor;
(3) Five representatives from the business community appointed by the board of education from a list of not less than fifteen names submitted by the superintendent of education; and
(4) Two individuals appointed by the board of education from a list of not less than six names submitted by the chairperson of the working group on interagency relations;
provided that each member of the working group on interagency relations shall have the appropriate professional skills, experiences, and qualifications needed to participate in the development of the comprehensive plans described in this part. The members of the working group on interagency relations shall serve at the pleasure of the board of education and shall not be subject to section 26-34, Hawaii Revised Statutes. The working group on interagency relations may hire one or more consultants to provide any specialized technical assistance that may be needed to facilitate the work of the group.
(c) All members of the working group on interagency relations shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(d) All agencies of the executive branch shall cooperate fully with the working group on interagency relations by, among other things, responding to the group’s requests for information in a timely and thorough manner.
SECTION 27. (a) All the rights, powers, functions, duties, and resources of the department of accounting and general services relating to:
(1) The expending of capital improvement funds for the acquisition and development of land, the design and construction of new facilities, and the making of renovations or additions to existing facilities, including moneys in the state educational facilities improvement special fund; and
(2) The buying, purchasing, renting, leasing, or otherwise acquiring of any good, service, or construction, including the description of requirements, selection and solicitation of sources, preparation and awarding of contracts, payment of vendors, and all other phases of contract administration;
are transferred to the department of education effective July 1, 2004.
(b) All moneys budgeted in support of each position to be transferred to the department of education, including moneys for direct and indirect employee benefits, shall be transferred to the department of education on July 1, 2004.
SECTION 28. (a) The working group on interagency relations shall develop a comprehensive plan for transferring, to the department of education by July 1, 2005, all the rights, powers, functions, duties, and resources of the department of accounting and general services relating to the expending of physical plant operations and maintenance funds, including moneys in the state educational facilities repair and maintenance account, school physical plant operations and maintenance account, and school repair and maintenance fund.
(b) The comprehensive plan shall identify:
(1) Each position to be transferred pursuant to this section, by position number; and
(2) All moneys budgeted in support of each position to be transferred, including moneys for direct and indirect employee benefits,
at the lowest level on the state program structure.
(c) The working group on interagency relations shall submit its comprehensive plan, including proposed legislation to implement the plan, to the board of education and the legislature not less than thirty days prior to the convening of the regular session of 2005.
SECTION 29. (a) All the rights, powers, functions, duties, and resources of the department of budget and finance relating to:
(1) The funding of collective bargaining agreement increases; and
(2) The securing, administering, use, and expending of federal funds and other aid, including their custodial supervision;
are transferred to the department of education effective July 1, 2004.
(b) All moneys budgeted in support of each position to be transferred to the department of education, including moneys for direct and indirect employee benefits, shall be transferred to the department of education on July 1, 2004.
SECTION 30. (a) The working group on interagency relations shall develop a comprehensive plan for transferring, to the department of education by July 1, 2005, all the rights, powers, functions, duties, and resources of the department of budget and finance relating to:
(1) The rendering of assistance to the governor in the preparation, explanation, and administration of the state long-range plans, the proposed six-year program and financial plan, and the state budget, as they relate to the department of education;
(2) The allotment system, including the availability of appropriations for allotment and the modification and reduction of allotments;
(3) The transferring of appropriated funds from one program of the state budget to another without prior approval;
(4) The carryover and use of appropriations, and the reversion of unexpended and unencumbered appropriations to the general fund;
(5) The capital improvement project allotment process, including the reviewing, analyzing, prioritizing, evaluating, and reporting of capital improvement project appropriation proposals submitted by department of education; and
(6) The determination of retirement and other employee benefits.
(b) The comprehensive plan shall identify:
(1) Each position to be transferred pursuant to this section, by position number; and
(2) All moneys budgeted in support of each position to be transferred, including moneys for direct and indirect employee benefits,
at the lowest level on the state program structure.
(c) The working group on interagency relations shall submit its comprehensive plan, including proposed legislation to implement the plan, to the board of education and the legislature not less than thirty days prior to the convening of the regular session of 2005.
SECTION 31. (a) The working group on interagency relations shall develop a comprehensive plan for transferring, to the department of education by July 1, 2005, all the rights, powers, functions, duties, and resources of the department of human resources development relating to:
(1) The operation of a centralized human resources system that encompasses the classes of work performed by department of education employees, and that integrates payroll, records, transactions, leaves, and reports; and
(2) The recruitment, certification, examination, management, classification, and compensation of department of education employees, including labor relations.
(b) The comprehensive plan shall identify:
(1) Each position to be transferred pursuant to this section, by position number; and
(2) All moneys budgeted in support of each position to be transferred, including moneys for direct and indirect employee benefits,
at the lowest level on the state program structure.
(c) The working group on interagency relations shall submit its comprehensive plan, including proposed legislation to implement the plan, to the board of education and the legislature no less than thirty days prior to the convening of the regular session of 2005.
SECTION 32. (a) The working group on interagency relations shall develop a comprehensive plan for transferring, to the department of education by July 1, 2005, all the rights, powers, functions, duties, and resources of the department of the attorney general relating to:
(1) The negotiating workers' compensation claims; and
(2) Labor-management relations within department of education.
(b) The comprehensive plan shall identify:
(1) Each position to be transferred pursuant to this section, by position number; and
(2) All moneys budgeted in support of each position to be transferred, including moneys for direct and indirect employee benefits,
at the lowest level on the state program structure.
(c) The working group on interagency relations shall submit its comprehensive plan, including proposed legislation to implement the plan, to the board of education and the legislature not less than thirty days prior to the convening of the regular session of 2005.
SECTION 33. (a) The working group on interagency relations shall develop a comprehensive plan for transferring, to the department of education by July 1, 2005, all the rights, powers, functions, duties, and resources of the department of human services relating to the conduct of employment background checks for A+, private vendor, and other employees and trainees who work with public school students.
(b) The comprehensive plan shall identify:
(1) Each position to be transferred pursuant to this section, by position number; and
(2) All moneys budgeted in support of each position to be transferred, including moneys for direct and indirect employee benefits,
at the lowest level on the state program structure.
(c) The working group on interagency relations shall submit its comprehensive plan, including proposed legislation to implement the plan, to the board of education and the legislature not less than thirty days prior to the convening of the regular session of 2005.
SECTION 34. (a) The working group on interagency relations shall develop a comprehensive plan for transferring to the department of education by July 1, 2005, all the rights, powers, functions, duties, and resources of the department of health relating to school health nurses and school health aides.
(b) The comprehensive plan shall identify:
(1) Each position to be transferred pursuant to this section, by position number; and
(2) All moneys budgeted in support of each position to be transferred, including moneys for direct and indirect employee benefits,
at the lowest level on the state program structure.
(c) The working group on interagency relations shall submit its comprehensive plan, including proposed legislation to implement the plan, to the board of education and the legislature not less than thirty days prior to the convening of the regular session of 2005.
SECTION 35. The working group on interagency relations on interagency relations shall cease to exist on June 30, 2006.
SECTION 36. Nothing in this Act is intended to alter or otherwise affect the rights, remedies, and procedures afforded under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between:
(1) The board of education and the Hawaii State Teachers Association, in respect of teachers and other personnel under the same pay schedule; and
(2) The board of education and the Hawaii Government Employees Association, in respect of educational officers and other personnel under the same pay schedule,
in effect on January 8, 2002.
SECTION 37. Any law, rule, or policy enacted, adopted, or promulgated after the effective date of this Act shall not exempt a principal, the superintendent of education, or the executive secretary of the Hawaii teacher standards board from taking actions they may be required to take with respect to public school or department of education employees in order to implement the student weighted funding system.
SECTION 38. When collective bargaining agreements, memoranda of understanding, or other agreements are renegotiated, the board of education shall ensure that those agreements do not prohibit actions that a principal, the superintendent of education, or the executive secretary of the Hawaii teacher standards board may be required to take with respect to public school or department of education employees in order to implement the student weighted funding system.
SECTION 39. Any powers not delegated to the board of education, the superintendent of education, or the executive secretary of the Hawaii teacher standards board by law, nor prohibited by law to a school or the principal of a school, are reserved to the school and the principal of the school.
SECTION 40. In the event of a conflict between this Act and section 89-10(d) or 89-19, Hawaii Revised Statutes, this Act shall control.
SECTION 41. 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 accounting and general services and department of budget and finance relating to the functions transferred to the department of education shall be transferred with the functions to which they relate.
SECTION 42. All officers and 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 officer or 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 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, whether tenured or not, 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:
(1) Possesses the minimum qualifications for the position to which transferred or appointed; and
(2) That such a salary preservation or increase shall not last more than two years if the transfer is to a lower position or one of lesser responsibility.
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.
SECTION 43. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2004-2005 for the department of education to establish and operate the principals training academy.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 44. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2004-2005 for the department of education to:
(1) Enable the school/community-based management program to effectively address the implementation of the student weighted formula; and
(2) Prepare for the implementation of the elected school-based board system.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 45. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 46. This Act shall take effect upon its approval; provided that:
(1) Sections 4, 5, 16, 43, and 44 shall take effect on July 1, 2004;
(2) Sections 2, 3, 10, 11, 15, 21, 22, and 23 shall take effect on July 1, 2006, and shall apply to the 2006-2007 school year; and
(3) Sections 9, 12, 13, 14, 17, 18, 19, and 20 shall take effect on July 1, 2005, and shall apply to the 2005-2006 school year.