Report Title:

Constitutional Amendment; Locally Elected District School Boards

 

Description:

Proposes amendments to the state constitution to create 11 elected district school boards and a state board of education composed of one member from each district school board.

THE SENATE

S.B. NO.

1652

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AMENDMENTs TO THE state CONSTITUTION in order TO CREATE ELECTED DISTRICT SCHOOL BOARDS.

 

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, of the Constitution of the State of Hawaii to: (1) create eleven district school boards composed of members who are elected in a nonpartisan manner by the qualified voters of those school board districts, as provided by law; and (2) create a state board of education composed of one member selected from each district school board by majority vote among the district board members and with a vote proportionate to the population represented by the school district.

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

"[BOARD OF EDUCATION] STATE AND DISTRICT SCHOOL BOARDS

Section 2. There shall be a state 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.] one member selected from each district school board. Each district board shall select its representative to the state board by majority vote among the district board members. Each state board member shall have a vote proportionate to the population represented by their respective school district.

There shall be eleven district school boards composed of members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from eleven school board districts. The first and second school board [district] districts shall be comprised of areas of approximately equal populations and inclusive of the Hilo and Kona regions on 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.] Hawaii as determined by an apportionment commission as provided for by law. The third school board district shall be comprised of the islands of Lanai, Molokai and Kahoolawe. The fourth school board district shall be comprised of the island of Maui. The fifth school board district shall be comprised of the islands of Kauai and Niihau. The island of Oahu shall have five school board districts, numbers six through ten. The districts shall be determined by an apportionment commission as provided for by law and shall be composed of areas of approximately equal populations. The eleventh school district shall be a noncontiguous district consisting of schools electing not to belong to their geographic district and based on innovative themes, curricula or programs inconsistent with those of the respective district. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the state board of education. Local student councils shall select a public high school student to serve as a nonvoting member on each district school board of education."

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

"POWER OF THE [BOARD OF EDUCATION]

STATE AND DISTRICT BOARDS OF EDUCATION

Section 3. The state board of education shall have the power, as provided by law, to [formulate statewide educational policy and] appoint the state superintendent of education [as the chief executive officer of the public school system.], formulate funding formulas to fund each district board of education, create statewide education standards and oversee equity and compliance with federal law.

District boards of education shall have the power, as provided by law, to formulate district wide educational policies not inconsistent with statewide education standards and effect budget decisions within the district. District boards of education shall have all other powers not specifically delegated to the state board of education."

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

"Shall the state constitution be amended to:

(1) Create eleven district school boards composed of members who are elected in a nonpartisan manner by the qualified voters of those school board districts, as provided by law; and

(2) Create a state board of education composed of one member selected from each district school board by majority vote among the district board members and with a vote proportionate to the population represented by the school district?"

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.

INTRODUCED BY:

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