Report Title:

Constitutional amendment relating to public education.

Description:

Proposes a constitutional amendment that would: (1) establish local school boards throughout the State to be elected from at least 7 school districts as provided by law; and (2) create an educational standards and accountability.

THE SENATE

S.B. NO.

2806

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO PUBLIC EDUCATION.

 

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

SECTION 1. This Act shall be known as the "Let The People Decide Act of 2004."

Education provides the basis for individual success, as well as social stability, civic vitality and economic prosperity. More than 180,000 of Hawaii’s children are enrolled in the public schools. Regrettably, Hawaii's existing public education system has fallen short of providing the high quality education necessary to prepare Hawaii's students to successfully meet the challenges of the future.

On December 15, 2003, the Citizens Achieving Reform in Education Committee (CARE) issued a report to the governor outlining recommendations for reforming public education. This Act incorporates many of the recommendations in the CARE report.

The CARE recommendations include decentralizing the existing education system by establishing independent local school boards to be responsible for the oversight of schools in designated districts. Most of the functions currently performed by the statewide board of education would be shifted to the local school boards and the individual schools.

CARE also recommended the creation of an agency to establish statewide student performance standards and to determine a formula for distributing state general funds for the operations of schools. State funds will be appropriated by the legislature in a single amount. The formula will be based on the number and needs of students enrolled at each school. This method of funding may be thought of as an amount of money tailored to the circumstances of each student, following each student to the school in which the student is enrolled.

The purpose of this Act is to propose a constitutional amendment that would reform the existing public education system by transferring responsibility for the public schools in this State to seven or more independent school districts each governed by an elected local school board.

SECTION 2. Article X of the Constitution of the State of Hawaii is amended by adding two new sections to be designated and to read as follows:

"LOCAL SCHOOL BOARDS

Section . Public education in the State of Hawaii shall be provided through a decentralized system of independent school districts with schools required to follow and satisfy statewide student performance standards.

There are established local school boards throughout the State to be elected from at least seven school districts as provided by law. Each local school board shall:

(1) Formulate district-wide educational policies;

(2) Select principals to manage the schools in the local school board's school district;

(3) Authorize the principal of each school to make the decisions that affect student performance, educational quality and use of resources;

(4) Evaluate the principals managing schools in the local school board's school district;

(5) Administer programs that the schools are not able to administer alone; and

(6) Establish an open system that allows, to the extent practicable given each school's resources and capacity, the parents, guardians and caretakers of each public school student to select the school that the student will attend.

EDUCATION STANDARDS AND ACCOUNTABILITY COMMISSION

Section . The education standards and accountability commission is created to:

(1) Establish and maintain rigorous academic and data-reporting standards that apply to all school districts within the statewide public education system;

(2) Ensure that the school districts operate in an open manner;

(3) Publish annual report cards on each school district's financial management and overall performance;

(4) Ensure that all state and federal mandates are fulfilled;

(5) Establish a formula for distributing general funds for school operations to all public schools based on the number and needs of students enrolled at each school;

(6) Establish a formula for the distribution of capital improvement project funds to the school districts; and

(7) Administer programs that the school districts cannot administer alone.

The legislature shall appropriate all general funds for school operations in a single amount to the education standards and accountability commission.

The legislature shall appropriate all capital improvement project funds for school capital improvement projects in a single amount to the education standards and accountability commission."

SECTION 3. Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"OATH OF OFFICE

Section 4. All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as ............. to the best of my ability." As used in this section, "eligible public officers" means the governor, the lieutenant governor, the members of both houses of the legislature, the members of the [board of education,] local school boards, the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate."

SECTION 4. Article X, sections 2 and 3, of the Constitution of the State of Hawaii are repealed.

["BOARD OF EDUCATION

Section 2. There shall be a 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. 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.

POWER OF THE BOARD OF EDUCATION

Section 3. The board 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 the public school system."]

SECTION 5. Article XVIII, section 7, of the Constitution of the State of Hawaii, is repealed.

["1978 BOARD OF EDUCATION ELECTIONS

Section 7. Members elected to the board of education in the 1978 general election shall serve for two-year terms."]

SECTION 6. The question to be printed on the ballot shall be as follows:

"Shall the existing public education system be reformed by replacing the existing department and board of education with at least seven elected local school boards?"

SECTION 7. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 8. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii; provided that subsequent to ratification, section 4 shall take effect on July 1, 2006.

INTRODUCED BY:

_____________________________

BY REQUEST