Report Title:

Board of Education Abolished; Constitutional Amendments

Description:

Proposes constitutional amendments abolishing the board of education; requires the governor appoint the superintendent of education; requires superintendent to establish statewide educational policy; establishes locally elected district school boards of education to implement policy; establishes superintendent selection commission; mandates that internal organization of the public education system be as provided by law.

HOUSE OF REPRESENTATIVES

H.B. NO.

2564

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AMENDMENTS TO ARTICLE X, SECTIONS 2 AND 3 AND ARTICLE XVIII OF THE HAWAII CONSTITUTION.

 

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

SECTION 1. The purpose of this Act is to propose amendments to the state constitution to:

(1) Abolish the state board of education and replace it with locally elected district school boards of education;

(2) Establish a superintendent selection commission;

(3) Require the governor, by and with the advice and consent of the senate, to appoint the state superintendent of education from a list of not fewer than four, and not more than six, nominees for the vacancy, presented to the governor by the superintendent selection commission;

(4) Empower the superintendent, as provided by law, to formulate statewide educational policy;

(5) Empower the locally elected district school boards of education, as provided by law, to implement the statewide educational policies and to formulate and implement local district objectives; and

(6) Require that the internal organization of the statewide system of public school education shall be as provided by law.

SECTION 2. Article XVIII of the Constitution of the State of Hawaii is amended by adding a new section to read as follows:

"EFFECTIVE DATE FOR SUPERINTENDENT OF EDUCATION

AND LOCALLY ELECTED DISTRICT SCHOOL BOARDS OF EDUCATION

Section 12. The amendments to Article X in Sections 2 and 3 shall take effect following ratification and upon the day the locally elected district school boards of education begin functioning, as provided by law."

SECTION 3. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"[BOARD] SUPERINTENDENT OF EDUCATION; POWERS; ORGANIZATION OF STATEWIDE SCHOOL SYSTEM

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 governor, by and with the advice and consent of the senate, shall appoint the superintendent of education from a list of not fewer than four, and not more than six, nominees for the vacancy, presented to the governor by the superintendent selection commission.

If the governor fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the superintendent selection commission from the list with the consent of the senate. If the senate fails to reject any appointment within thirty days thereof, it shall be deemed to have given its consent to such appointment. If the senate rejects any appointment, the governor shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the commission shall make the appointment from the list, without senate consent.

The superintendent shall serve at the pleasure of the governor; except that removal shall be subject to the advice and consent of the senate.

The superintendent shall have the power, as provided by law, to formulate statewide educational policy.

The internal organization of the statewide system of public education shall be as provided by law.

SUPERINTENDENT SELECTION COMMISSION

There shall be a superintendent selection commission that shall consist of six members. The governor shall appoint two members to the commission. The president of the senate and the speaker of the house of representatives shall each respectively appoint two members to the commission. At all times, at least one member of the commission shall be a resident of a county other than the city and county of Honolulu.

The commission shall be selected and shall operate in a wholly nonpartisan manner. The six members initially appointed to the commission shall serve for terms of three or six years respectively. Three members initially appointed to the commission by the governor, president of the senate and speaker of the house of representatives shall serve three-year terms. The other three members initially appointed to the commission by the governor, president of the senate and speaker of the house of representatives shall serve six-year terms. Thereafter, all appointments shall serve staggered terms of six years each. Notwithstanding the foregoing, no member of the commission shall serve for more than six years on the commission.

Each member of the superintendent selection commission shall be a resident of the State and a citizen of the United States. No member shall run for or hold any elected office under the United States, the State or its political subdivisions. No member shall take an active part in political management or in political campaigns. No member shall be eligible for appointment as superintendent as long as the person is a member of the superintendent selection commission and for a period of three years thereafter.

No act of the superintendent selection commission shall be valid; except by concurrence of the majority of all its members.

The superintendent selection commission shall select one of its members to serve as chairperson. The commission shall adopt rules that shall have the force and effect of law. The deliberations of the commission shall be confidential.

The legislature shall provide for the staff and operating expenses of the superintendent selection commission in a separate budget. No member of the superintendent selection commission shall receive any compensation for commission services, but shall be allowed necessary expenses for travel, board and lodging incurred in the performance of commission duties.

The superintendent selection commission shall be attached to the executive branch of the state government for purposes of administration."

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]

LOCALLY ELECTED DISTRICT SCHOOL BOARDS OF EDUCATION

Section 3. [The board of education 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.] There are established locally elected district school boards of education as provided by law. The locally elected district school boards of education, as provided by law, shall implement statewide educational policies formulated by the superintendent of education and shall formulate and implement local district objectives."

SECTION 5. 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 6. The question to be printed on the ballot shall be as follows:

"Shall the elected state board of education be abolished and replaced with locally elected district school boards of education with the superintendent of education appointed by the governor from a list of nominees submitted by a commission?"

SECTION 7. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 8. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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