Report Title:

Board of Education

Description:

Proposes to amend Article X, section 2 of the Hawaii Constitution to provide for election of Board of Education members from school districts as provided by law; upon passage of the constitutional amendment, requires 17 BOE members, with one member per district to be elected out of 17 school districts; requires residency in the school district; creates a temporary School District Commission modeled on the Reapportionment Commission to establish 17 school districts each comprised of 3 representative districts, that to the extent possible preserve school complex and community boundaries; provides that thereafter the Reapportionment Commission shall in a reapportionment year redraw school district boundaries consistent with statutory criteria and reapportioned districts. (HB2184 HD1 PROPOSED)

HOUSE OF REPRESENTATIVES

H.B. NO.

2184

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the board of education.

 

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

PART I

SECTION 1. The purpose of this Act is to propose an amendment to article X, section 2, of the Constitution of the State of Hawaii to provide for the election of members of the board of education from school districts as provided by law.

SECTION 2. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"BOARD OF EDUCATION

Section 2. There shall be a board of education composed of members who shall be elected in a nonpartisan manner by qualified voters[, as provided by law, from two at-large school board districts. The first school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated. The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law. There shall be at least one member residing in each departmental school district.] from school districts as provided by law. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the members of the board of education be elected from school districts as provided by law?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

PART II

SECTION 5. Chapter 13, Hawaii Revised Statutes, is amended by adding ten new sections to be appropriately designated and to read as follows:

"13-A School districts. (a) There shall be seventeen school districts each comprised of three representative districts. The school district commission shall determine the boundaries of each school district, which shall to the extent practicable:

(1) Preserve school complex and community boundaries;

(2) Be compact; and

(3) Except in the case of districts encompassing more than one island, be contiguous.

(b) The reapportionment commission constituted pursuant to article IV, section 4, of the Hawaii Constitution shall:

(1) In each reapportionment year, redraw school district boundaries according to the new districting scheme of the reapportionment plan;

(2) In designating new school district boundaries:

(A) Comply with the criteria of subsection (a);

(B) Have powers, hold hearings, and follow other procedures applicable to reapportionment of legislative districts; and

(C) Keep a written record of its meetings and hearings and submit a written report to the legislature twenty days prior to the regular session next convening.

The reapportionment commission may request and shall receive from every department, division, board, bureau, commission, or other agency of the State cooperation and assistance in the performance of its duties under this subsection.

Within fourteen days after the reapportionment commission files the final school district plan with the chief election officer, the chief election officer shall cause public notice to be given of the plan which, upon public notice, shall become effective as of the date of filing. The plan shall continue in effect until the effective date of the school district plan of the next reapportionment commission.

13-B School district commission. (a) A school district commission shall be constituted on or before May 1, 2005, within the office of elections for administrative purposes only.

(b) The school district commission shall consist of nine members. Members and the chairperson of the school district commission shall be selected and vacancies on the school district commission filled according to selection and vacancy procedures for the reapportionment commission in article IV, section 2, of the Hawaii Constitution.

(c) The school district commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law. A majority of its membership shall constitute a quorum to do business, and the concurrence of a majority of its membership shall be necessary to make any action of the commission valid. Meetings shall be called and held at the call of the chairperson or by a quorum. The chief election officer shall be secretary of the school district commission without vote and, under the direction of the school district commission, shall furnish all necessary technical services.

(d) No member of the school district commission shall be eligible to become a candidate for election to the board of education from any school district in either of the first two board of education elections under the school district plan drawn by the school district commission.

(e) Members of the school district commission and school district advisory council shall hold office until the school district plan drawn by the school district commission becomes effective.

13-C Public hearings and notice. (a) The school district commission shall conduct public hearings and consult with the school district advisory council. Not more than one hundred days from the date on which all members are certified, the school district commission shall cause to be given in each basic island unit, public notice of a school district plan prepared and proposed by the school district commission. At least one public hearing on the proposed school district plan shall be held in each basic island unit after initial public notice of the plan. At least twenty days' notice shall be given of the public hearing. The notice shall include a statement of the substance of the proposed school district plan, and of the date, time, and place where interested persons may be heard thereon. The notice shall be given at least once in the basic island unit where the hearing will be held. All interested persons shall be afforded an opportunity to submit data, views, or arguments, orally or in writing, for consideration by the school district commission.

(b) After the last of the public hearings, but in no event later than one hundred fifty days from the date on which all members of the school district commission are certified, the school district commission shall determine whether the school district plan is in need of correction or modification, make the correction or modification, if any, and file with the chief election officer, a final school district plan.

(c) Within fourteen days after the filing of the final school district plan, the chief election officer shall cause public notice to be given of the final school district plan which, upon public notice, shall become effective as of the date of filing and govern the election of members of the board of education until the effective date of the new school district plan of the 2011 reapportionment commission.

13-D Powers. The school district commission may require all such persons as it deems necessary to appear personally and testify before it and to produce to it all books, records, files, papers, maps, and documents as shall appear to be necessary for the purpose of formulating a school district plan. The chairperson of the school district commission or any member thereof acting on behalf of the chairperson shall have power to administer oaths to persons summoned to appear before the school district commission and such persons may be questioned, under oath, concerning all matters necessary for the due execution of the duties vested in the school district commission by this chapter. All hearings and proceedings shall be governed by this chapter and by rules of practice and procedure established by the school district commission.

13-E Cooperation. The school district commission may request and shall receive from every department, division, board, bureau, commission, or other agency of the State cooperation and assistance in the performance of its duties.

13-F Compensation. Each of the members of the school district commission selected and certified shall, for the period the member holds the member's office, receive compensation of $50 per meeting but not to exceed $1,000 per month and shall be allowed actual and necessary expenses incurred in the performance of the member's duties. Payments for compensation and expenses shall be paid by warrants signed by the comptroller upon vouchers properly endorsed by the chairperson of the school district commission. The members of the school district commission shall be exempt from the provisions of chapter 76.

13-G Records, reports. The school district commission shall keep a written record of its meetings and hearings and shall submit a written report to the legislature twenty days prior to the regular session next convening.

13-H Penalty for violation and false evidence. Any person who, having been summoned under section 13-C to give testimony or to produce any books, records, files, papers, maps, and documents, wilfully makes default, or who, having appeared, refuses to answer any questions or wilfully gives false evidence shall be fined not more than $1,000, or imprisoned not more than twelve months, or both.

13-I Commission; continuance after challenge of plan. In the event of a successful court challenge of a school district plan, the school district commission or reapportionment commission that determined the plan shall continue in operation and may assist the court in formulating a new school district plan.

13-J School district advisory councils. (a) A school district advisory council shall be constituted at the same time as the school district commission, or a reapportionment commission. Each school district advisory council shall serve in an advisory capacity to its respective commission as to matters affecting its basic island unit.

(b) Each member of the school district advisory council shall be a registered voter of the member's basic island unit. Except where otherwise provided by law, the members of the school district advisory council shall be selected, and vacancies on the school district advisory council filled, according to selection and vacancy procedures for the apportionment advisory council in article IV, section 2 of the Hawaii Constitution. Council members shall be appointed to hold their offices during the life of the commission advised by the council.

(c) The members of the school district advisory council shall be exempt from the provisions of chapter 76. Each council shall elect its own chairperson and may elect other officers as may be necessary to carry out its functions. Meetings shall be called and held at the call of the chairperson or by a quorum which shall be a majority of the members.

(d) A member of the council shall, for the period the member holds the member's office, receive compensation of $50 per meeting but not to exceed $500 per month and shall be allowed actual and necessary expenses incurred in the performance of the member's duties. Payments for compensation and expenses shall be made by warrants signed by the comptroller on vouchers properly endorsed by the chairperson of the appropriate advisory council.

(e) No member of the school district advisory council shall be eligible to become a candidate for election to the board of education from any school district in either of the first two board of education elections under the school district plan on which the council provided advisory assistance.

(f) Members of the school district advisory council shall hold office until the school district plan on which the council provided advisory assistance becomes effective."

SECTION 6. Section 13-1, Hawaii Revised Statutes, is amended to read as follows:

"13-1 Board members; number. (a) The board of education shall consist of [thirteen] seventeen members who shall be elected by the registered voters of [two at-large school board districts as follows:

First school board district: the island of Oahu, comprised of the 11th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts, and the

Second school board district: the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai, and Niihau, comprised of the 1st through the 10th, a portion of the 49th (that portion found on the island of Kauai), and the 50th and 51st representative districts.

(b) Ten members shall be elected at-large from the first school board district. Of the ten members elected at-large from that district, one shall be a resident of the third departmental school district (Honolulu), one shall be a resident of the fourth departmental school district (Central Oahu), one shall be a resident of the fifth departmental school district (Leeward Oahu), and one shall be a resident of the sixth departmental school district (Windward Oahu).

(c) Three members shall be elected at-large from the second school board district. Of the three members elected at-large from that district, one shall be a resident of the first departmental school district (Hawaii), one shall be a resident of the second departmental school district (Maui), and one shall be a resident of the seventh departmental school district (Kauai).

(d) The departmental school districts shall be as follows:

First departmental school district (Hawaii): the island of Hawaii comprised of the 1st through the 5th and a portion of the 6th (that portion found on the island of Hawaii) representative districts;

Second departmental school district (Maui): the islands of Maui, Molokai (including the county of Kalawao), Lanai, and Kahoolawe comprised of a portion of the 6th (that portion found on the island of Maui) and the 7th through the 10th representative districts;

Third departmental school district (Honolulu): that portion of the island of Oahu comprised of the 21st through the 41st representative districts;

Fourth departmental school district (Central Oahu): that portion of the island of Oahu comprised of the 11th through the 14th and the 45th representative districts;

Fifth departmental school district (Leeward Oahu): that portion of the island of Oahu comprised of the 42nd through the 44th, the 46th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts;

Sixth departmental school district (Windward Oahu): that portion of the island of Oahu comprised of the 15th through the 20th representative districts; and

Seventh departmental school district (Kauai): the islands of Kauai and Niihau comprised of a portion of the 49th (that portion found on the island of Kauai) and the 50th and 51st representative districts.] the seventeen school districts established under this chapter. Each school district shall be represented on the board of education by one member."

SECTION 7. Section 13-2, Hawaii Revised Statutes, is amended to read as follows:

"13-2 Qualifications. No person shall be eligible for election or appointment to the board of education unless the person is a resident and registered voter of the school [board] district from which the person is to be elected or appointed [and, where residency in a particular departmental school district is a requirement, a resident of the departmental school district for which seat the person is seeking election or appointment]. No member of the 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 or appointment to the board of education if that person is also a candidate for any other public office under the state or county governments. The term "public office", for the purposes of this section, shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster relief."

SECTION 8. Section 13-3, Hawaii Revised Statutes, is amended to read as follows:

"13-3 Election of members. (a) Members of the board of education shall be nominated at a primary election and elected at the general election. Except as otherwise provided by this chapter, the candidates for the board of education shall be elected in the manner prescribed by this title.

[(1) Nomination papers, preparation of. The chief election officer shall prepare nomination papers in such a manner that a candidate desiring to file for election to the board of education shall be able to specify whether the candidate is seeking a seat requiring residency in a particular departmental school district or a seat without such residency requirement.

(2)] (1) Ballot. The [school] board of education ballot shall be prepared in such a manner as to afford every voter eligible to vote in a [school board district] board of education race the opportunity to vote for each and every candidate seeking election from [that] the voter's school [board] district.

The [school board] board of education ballot shall contain the names of all board of education candidates arranged alphabetically in a nonpartisan manner[; provided that the names of candidates seeking seats requiring residency in a particular departmental school district shall be grouped alphabetically according to departmental school districts].

[(3)] (2) Primary election. Two candidates receiving the most votes for each available seat shall be nominated for the general election. If, after the close of filing of nomination papers, there are only two qualified candidates for [any] a seat [requiring residency] in a particular [departmental] school district, the chief election officer shall declare those two candidates duly nominated for the general election. The names of those two candidates shall not appear on the primary election ballot.

[(4)] (3) General election. Each voter in the general election shall be entitled to receive the [school board] board of education ballot and to vote for the [number of seats] seat available in the [respective] voter's school [board districts.] district.

(b) In the event that there is only one qualified candidate for any seat [requiring residency] in a [particular departmental] school district, after the close of filing of nomination papers, the chief election officer shall declare such candidate to be duly and legally elected. [In the event that the number of qualified candidates for seats without such residency requirement is equal to or less than the number of such seats to be filled, after the close of filing of nomination papers, the chief election officer shall declare such candidates to be duly and legally elected.]"

SECTION 9. Section 13-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The term of office of members of the board of education shall be for four years beginning on the day of the special election held in conjunction with the general election of the year in which they are elected and ending on the day of the special election held in conjunction with the second general election after their election, except as provided in subsection (c). Members of the board of education may be re-elected without restriction as to the number of terms."

SECTION 10. Section 25-1, Hawaii Revised Statutes, is amended to read as follows:

"25-1 Reapportionment commission. A reapportionment commission shall be constituted before May 1 of each reapportionment year, and the members shall be appointed and certified to hold office until a general election is held under both a reapportionment and school district plan of the commission, or of a court of competent jurisdiction, or a new commission is constituted under Article IV, section 2 of the State Constitution, whichever event shall occur first.

SECTION 11. Section 25-4, Hawaii Revised Statutes, is amended to read as follows:

"25-4 Penalty for violation and false evidence. Any person who, having been summoned under [section] sections 13-A or 25-3 to give testimony or to produce any books, records, files, papers, maps, and documents, wilfully makes default, or who, having appeared, refuses to answer any questions or wilfully gives false evidence shall be fined not more than $1,000, or imprisoned not more than twelve months, or both."

PART III

SECTION 12. In codifying the new sections added by part II 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 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 14. This Act shall take effect on July 1, 2050.