Report Title:

Board of Education, Abolished; Superintendent, Elected

Description:

Proposes amendments to the state constitution in order to abolish the board of education and provide for the election of the superintendent of education.

HOUSE OF REPRESENTATIVES

H.B. NO.

889

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

proposing amendments to the Constitution of the State of Hawaii in order to abolish the board of education and provide for the election of the superintendent of education.

 

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

SECTION 1. The purpose of this Act is to propose amendments to article X, sections 2 and 3, and article XVIII, of the Constitution of the State of Hawaii in order to abolish the board of education and provide for the election of the superintendent of education.

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

"[BOARD] SUPERINTENDENT OF EDUCATION

Section 2. There shall be a [board] superintendent of education [composed of members] who, beginning on the day of the 2006 general election, shall be elected in a nonpartisan manner by the qualified voters[,] of this State, 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 term of office of the superintendent of education shall begin at noon on the first Monday in December next following the superintendent's election and end at noon on the first Monday in December, four years thereafter."

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

"POWER OF THE [BOARD] SUPERINTENDENT OF EDUCATION

Section 3. [The board] Beginning at noon on the first Monday in December next following the 2006 general election, the superintendent 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] deputy superintendents and assistant superintendents for the public school system."

SECTION 4. Article XVIII of the Constitution of the State of Hawaii is amended by adding a new section to read as follows:

"2002 AND 2004 BOARD OF EDUCATION ELECTIONS

Section 7a. Members elected to the board of education in the 2002 and 2004 general elections shall serve until noon on the first Monday in December next following the 2006 general election, whereupon the board of education shall cease to exist. Beginning on the day of the 2006 general election, the superintendent of education shall be elected in a nonpartisan manner by the qualified voters of this State."

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

"Shall the state constitution be amended in order to abolish the board of education and provide for the election of the superintendent of education?"

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

SECTION 7. 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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