HOUSE OF REPRESENTATIVES

 

AMENDMENT TO:

House Bill No. 2184 House Draft 2

 

OFFERED BY:

Representative Galen Fox

 

DATE:

March 9th, 2004

 

SECTION 1. House Bill No. 2184 House Draft 2 is amended by deleting its contents and replacing it with the following language, to read as follows:

"SECTION 1. Article X, sections 2 and 3, of the Constitution of the State of Hawaii are amended to read as follows.

"[BOARD OF EDUCATION] STATE EDUCATION BOARD

Section 2. There shall be a [board of education] state education board composed of seven 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.] appointed by the governor and confirmed by both houses of the legislature. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the [board of education] state education board.

POWER OF THE [BOARD OF EDUCATION] STATE EDUCATION BOARD

Section 3. The [board of education] state education board shall have the power, as provided by law, to [formulate statewide educational policy and] appoint the superintendent of education as the chief executive officer of the public school system, securing state and federal funds and allocating state funds for kindergarten through twelfth grade via the weighted student formula, establishing clear statewide student achievement goals, establishing a system of accountability for the superintendent of education relating to student achievement, ensuring proper standards for maintaining and reporting fiscal accountability, and monitoring and ensuring compliance with federal and state laws and regulations."

SECTION 2. Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"OATH OF OFFICE

Section 4. All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as ............. to the best of my ability." As used in this section, "eligible public officers" means the governor, the lieutenant governor, the members of both houses of the legislature, the members of the [board of education,] state education board, the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate."

SECTION 3. Article XVIII, section 7, of the Constitution of the State of Hawaii, is repealed.

["1978 BOARD OF EDUCATION ELECTIONS

Section 7. Members elected to the board of education in the 1978 general election shall serve for two-year terms."]

SECTION 4. The question to be printed on the ballot shall be as follows:

"Shall the existing public education system be reformed by replacing the existing board of education with a state education board, appointed by the governor and confirmed by both houses of the legislature, that will be responsible for allocating state funds for kindergarten through twelfth grade via the weighted student formula, establishing clear statewide student achievement goals, establishing a system of accountability for the superintendent of education relating to student achievement, ensuring proper standards for maintaining and reporting fiscal accountability, and monitoring and ensuring compliance with federal and state laws and regulations?"

SECTION 5. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 6. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii; provided that subsequent to ratification, section 1 shall take effect on July 1, 2006.