Report Title:

Education; organization

Description:

Transfers certain functions and authority from various departments to the department of education.

HOUSE OF REPRESENTATIVES

H.B. NO.

364

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to government.

 

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

SECTION 1. The legislature is aware of the difficulty in holding the department of education accountable, in part due to the participation of eight executive departments in its daily operations. The legislature is convinced that some of the inefficiency and ineffectiveness with which the department of education is charged is due to this situation. The department of education does not determine when and how much of their budget can be released to it, does not control school facility construction and maintenance, does not negotiate contracts with teachers, school administrators and other school workers, and does not announce or process the hiring of secretaries, custodians, and cafeteria workers. The lack of department control over so many areas of its operation represents a real impediment to efficient and effective operations, as well as to holding it accountable.

SECTION 2. Section 26-12, Hawaii Revised Statutes, is amended to read as follows:

"26-12 Department of education. (a) The department of education shall be headed by [an executive board to be known as the board of education.

Under policies established by the board, the superintendent] a single executive to be known as the superintendent of education who shall [administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, adult education, school library services, health education and instruction (not including dental health treatment transferred to the department of health), and such other programs as may be established by law.] :

(1) Formulate, in conjunction with the state board of education, statewide educational standards;

(2) Be responsible for the supervision and management of the department; and

(3) Be responsible for the allocation of moneys to each school district pursuant to the per student funding formulae created by the state board of education; and

(4) Be responsible for the collection and compilation of data related to the success of each of Hawaii's public schools.

(b) The state board of education, with the approval of a majority of district superintendents, may remove or retain the state superintendent of education by a majority vote. The superintendent of education shall hold no other public office or other employment during the superintendent's term of office. The superintendent of education shall be exempt from chapters 76 and 89.

(c) The department shall serve as the central system responsible for the interpretation and implementation of statewide academic standards, intervention upon noncompliance with federal laws, and preparation and transmission of annual budget requests to the governor based upon budgets submitted by each district.

[The state librarian, under policies established by the board of education, shall be responsible for the administration of programs relating to public library services and transcribing services for the blind.

The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.

The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.

The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.

Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services the board of education may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.

Notwithstanding any law to the contrary, the board of education may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the board of education on matters relating to public library services in their respective county.]

(d) The functions and authority relating to the recruitment and hiring of employees of public schools heretofore exercised by the department of human resource development are transferred to the department of education established by this chapter.

(e) The functions and authority relating to the construction and maintenance of school facilities heretofore exercised by the department of accounting and general services are transferred to the department of education established by this chapter.

(f) The functions and authority relating to the control, management, and release of the budget of the department of education heretofore exercised by the department of budget and finance is transferred to the department of education established by this chapter.

(g) The functions and authority relating to the planning of locations for new school facilities heretofore exercised by the department of business, economic development, and tourism are transferred to the department of education established by this chapter.

(h) The functions and authority relating to the acquisition and disposition of public school lands and the review of leases for department of education offices heretofore exercised by the department of land and natural resources are transferred to the department of education established by this chapter.

(i) The functions and authority relating to the provision of school health services, including counseling services, heretofore exercised by the department of health are transferred to the department of education established by this chapter.

(j) The functions and authority relating to legal review of issues for public schools, review of department of education rules and regulations, and review of proposed waivers submitted by individual schools heretofore exercised by the department of the attorney general are transferred to the department of education established by this chapter."

SECTION 3. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the departments listed in subsections (d) through (i) of Section 2 of this Act relating to the functions transferred to the department of education shall be transferred with the functions to which they relate.

SECTION 4. Upon the full transfer of functions and authority from the departments listed in section 2 to the department of education, the department of education shall devolve such functions and responsibilities to the local district boards to the greatest extent possible.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon the ratification of a constitutional amendment providing for the creation of local district school boards elected by the people.

 

INTRODUCED BY:

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