Report Title:

Public School System; Regional Boards of Education and Superintendents; Restructuring and Transition Committee

Description:

Proposes an amendment to Article X, section 3, of the Hawaii State Constitution, to authorize the Legislature to establish regional boards of education and administration; establishes an educational restructuring and transition committee to review the structure of the DOE and make recommendations to the Governor and the Legislature on the transition of state administration to regional administration. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

714

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

S.D. 2


 

A BILL FOR AN ACT

 

RELATING TO EDUCATION.

 

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

PART I

SECTION 1. The purpose of this part is to propose an amendment to article X, section 3, of the Constitution of the State of Hawaii to authorize the legislature to establish regional boards of education with the power to formulate regional educational policy and appoint regional superintendents of education as the chief administrative officers of their respective regions.

SECTION 2. Article 10, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"[POWER OF THE BOARD OF EDUCATION]

PUBLIC SCHOOL GOVERNANCE

Section 3. The board of education shall have the power, as provided by law, to formulate statewide educational policy and to appoint [the] a state superintendent of education as the chief executive officer of the public school system.

The legislature may establish regional boards of education, which shall have the power, as provided by law, to formulate regional educational policy and to appoint regional superintendents of education as the chief administrative officers of their respective regions."

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

"Shall the Legislature be authorized to establish regional boards of education, which shall have the power, as provided by law, to formulate regional educational policy and to appoint regional superintendents of education as the chief administrative officers of their respective regions?"

PART II

SECTION 4. The legislature recognizes that while it currently bears the constitutional authority for raising revenues and appropriating resources for the public school system, the successful implementation of educational programs that bring about enhanced student outcomes requires unambiguous accountability and authority within our public school system. The legislature further recognizes that restructuring education and related government programs, by providing increased autonomy for the public schools requires increased accountability and a fundamental change in the laws and organizational structures that govern the public school system.

However, the legislature intends that there be an orderly transition period, wherein a committee of informed education stakeholders, including members of the board of education, the superintendent of education, and the state librarian begin to implement this restructuring. Accordingly, it is the intent of the legislature that thoughtful planning be a prerequisite to the restructuring of the public school system to minimize disruptions to the educational process and delivery of educational services to our students.

SECTION 5. Education restructuring and transition advisory committee. (a) To facilitate the restructuring of the department of education and the public school system, there is established an education restructuring and transition advisory committee, to be administratively attached to the department of accounting and general services, that shall convene no later than August 31, 2003, and be composed of eleven members as follows:

(1) Two members, who shall be members of the board of education;

(2) One member, who shall be a member of the board of regents of the University of Hawaii;

(3) Two members, who shall be appointed by the governor;

(4) Two members each, who shall be appointed by the president of the senate and the speaker of the house of representatives, and who may be elected officials; and

(5) The superintendent of education and state librarian, who shall serve as ex officio members.

To the greatest extent practicable, the appointing authorities shall work together to ensure that the committee's membership represents the diversity of our public school system and the views of educators, parents, and students. Any vacancy shall be filled by the respective appointing authority, and such authority shall consider maintaining the diversity of the existing representation on the committee in making their appointment. The committee shall solicit and receive public input as part of its deliberations and for inclusion in its reports to the governor, the legislature, and the board of education.

The committee members shall select a chairperson from among its members. The committee members shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary to perform their duties.

(b) The committee shall review the structure of the department of education and related state government functions and make recommendations to the governor and the legislature on the consolidation of functions and transition of such to a regionally administered public school system as provided in this Act. Specifically, the committee shall:

(1) Request from the department of education and the state library system, descriptions of current public school system structure and programs mandated by state laws, including chapters 4, 13, 26, 27, 302A, and 312, Hawaii Revised Statutes, and federal laws, including the Individuals with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the No Child Left Behind Act, and current funding levels for all such educational programs, and make recommendations for reorganizing and consolidating educational programs under a regionally administered public school system;

(2) Request from the department of education and the state library system, projections of future resource needs in order to support anticipated enrollment increases and to comply with current state and federal mandates, and make recommendations on how a regionally administered public school system would address those needs;

(3) Request from the governor descriptions of current state programs and services, including but not limited to those involving legal services, budget and finance, accounting and payroll, procurement, personnel management, facilities construction and maintenance, and health and human services, as articulated in chapters 28, 29, 36, 37, 38, 40, 41D, 42F, 76, 78, 87, 87A, 88, 89, 89C, 91, 92, 92F, 103, 103D, 103F, 321, 321D, 346, and 350B, Hawaii Revised Statutes, and other relevant state laws, that authorize state programs and services that support the public school system, and make recommendations for consolidation and transfer of such programs and services under a regionally administered public school system;

(4) Make recommendations on the transfer of state employees and equipment provided by other state departments to the public school system, and the timing and sequence of such transfers;

(5) Evaluate and make recommendations on feasibility of the public school system to contract for services outside of state government;

(6) Evaluate and make recommendations on the effectiveness of school/community-based management, complex-based management, and appointed councils within a regionally administered public school system;

(7) Evaluate and make recommendations on how to ensure an adequate source of state funds for and an equitable allocation mechanism of state and federal funds to the public school system, given the requirements of state and federal mandates, and within a regionally administered public school system;

(8) Evaluate and make recommendations on how to support community partnerships and community resources within a regionally administered public school system;

(9) Evaluate and make recommendations on the regularity with which the state auditor should conduct audits of the public school system and submit reports and recommendations to the board of education, the governor, and the legislature;

(10) Evaluate and make recommendations concerning the need for regional school boards and regional superintendents; and

(11) Evaluate and make recommendations concerning any other matters pertinent to the implementation of the objectives of this Act.

(c) The committee shall prepare and submit reports to the governor, the legislature, and the board of education, as follows:

The first report shall be submitted not later than twenty days prior to the convening of the 2004 regular session and shall address paragraphs (1), (2), and (3);

The second report shall be submitted not later than twenty days prior to the convening of the 2005 regular session and shall address paragraphs (4), (5), (6), and (7); and

The final report shall be submitted not later than twenty days prior to the convening of the 2006 regular session and shall address paragraphs (8), (9), (10), and (11), including a summary of findings and recommendations from the two prior reports.

(d) The legislative reference bureau shall assist the committee in the preparation of legislation to implement the recommendations of the committee for review, modification, or enactment by the legislature during the regular sessions of 2004, 2005, and 2006.

PART III

SECTION 6. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that the amendment in Section 1 shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.