Report Title:

Education; Annual School Textbook List; Annual Fees

Description:

Authorizes schools to assess and collect annual fees for textbooks. Requires schools to compile annual list of textbooks to be used during that school year and to be made available upon request of student, parent, or guardian of student. (SD1)

THE SENATE

S.B. NO.

2054

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Textbooks and instructional materials" includes any book or other printed materials used as a standard work for a particular course of study, except library books."

SECTION 2. Section 302A-442.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-442.5[]] Instructional materials[.]; exceptional children. (a) Whenever used in this section, unless a different meaning clearly appears from the context:

"Braille" means the system of reading and writing through touch commonly known as standard English braille.

["Textbooks and other instructional materials" means any literary or nonliterary works obtained for use in a course of study.]

(b) All publishers of textbooks [or other] and instructional materials sold to the State or any [local education agency] public school shall furnish computer diskettes for literary subjects in the American Standard Code for Information Interchange from which braille versions can be produced. Publishers shall also furnish computer diskettes in American Standard Code for Information Interchange for nonliterary subjects, including natural sciences, computer science, mathematics, and music when braille specialty code translation software is available.

(c) This section shall not apply to publishers of textbooks and [other] instructional materials written in the Hawaiian language."

SECTION 3. Section 302A-1130.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1130.5[] Textbook replacement fees, fines.] Textbooks and instructional materials; annual list; fees and replacement charges. (a) Each school shall provide a copy of the current list of textbooks and instructional materials upon the request of a student or a parent or guardian of a student attending the school. The list shall be available not later than the first day of class in each school year.

(b) Beginning with the 2005-2006 school year, any public school may assess and collect, from each student or the student's parent or guardian, a textbook and instructional materials fee not to exceed $20 per student per school year; provided that students who are eligible to receive free and reduced lunch shall not be required to pay the annual fee.

[(a)] (c) School principals or school personnel designated by the school principal shall [recover special] retain the fees and replacement charges for lost, damaged, destroyed, or broken [books as authorized under] textbooks and instructional materials pursuant to section 302A-1130[.

(b) All special]; provided that all fees and replacement charges for lost, damaged, destroyed, or broken [books] textbooks and instructional materials collected by the principal or school personnel designated by the school principal shall remain at the school level.

[(c) The school principal shall exercise any other supervisory powers that shall be necessary to provide satisfactory recovery and proper care of textbooks on a schoolwide basis as provided by law.]"

SECTION 4. Section 302A-1146, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1146[]] Schools [not to sell]; merchandise[, etc]. It shall be unlawful for any public school, without the written permission of the department, to operate stores or to sell merchandise, with the following exceptions: school lunches, milk, ice cream, candy, [things] and products made or grown at the school as part of the educational program[, and in cases where classroom efficiency, uniformity, or standardization of particular supplies is essential, textbooks, equipment, and necessary school supplies and equipment, may be sold by any school]. The department, with the advice of the comptroller, shall adopt rules in conformance with chapter 91 necessary for the purposes of this section."

SECTION 5. There is established a special account within the department of education to receive and appropriate fees and charges collected from students, or the student's parents or guardians, for the purchase or repair of school equipment, supplies, textbooks, and instructional materials. These fees and charges may be collected and retained as restitution for the loss, destruction, breakage, or damage of school equipment, supplies, textbooks, and instructional materials. The sums appropriated from this special account shall be expended by the department of education for the purposes of purchasing, replacing or repairing school equipment, supplies, textbooks, and instructional materials.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2004.