Report Title:

Public Education System; Roles and Responsibilities

Description:

Provides parental leave for parent and teacher conferences; delineates public school organizational structure by school complex; provides that the superintendent, deputy superintendent and assistants salary levels shall be set by the board of education. (SD1)

THE SENATE

S.B. NO.

351

TWENTY-SECOND LEGISLATURE, 2003

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 26-53, Hawaii Revised Statutes, is amended to read as follows:

"§26-53 Deputies or assistants to department heads. [(a)] Effective January 1, 1989, and January 1, 1990, the salaries of deputies or assistants to the head of any department of the State, other than the department of education, shall be set by the governor within the range from $69,748 to $74,608 and $72,886 to $77,966 a year, respectively.

[(b) Effective January 1, 1989, and January 1, 1990, the salary of the deputy to the superintendent of education shall be $81,629 and $85,302 a year, respectively.]"

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended as follows:

1. By adding a new section to be appropriately designated and to read:

"§302A-   Parent teacher conferences; parental leave for participation. (a) Any parent of a public school student shall be entitled to be absent from employment twice each school year for a period of not more than two hours to attend a parent teacher conference at the school at which the parent's child is enrolled. No employer shall penalize an employee, nor reduce an employee's usual salary or wages for attending a parent teacher conference with their child's teacher. Presentation of a letter from the principal of the school by an employee to the employer shall constitute proof of attendance by the employee.

(b) The department may adopt rules pursuant to chapter 91 to effectuate this section."

2. By amending the definition of "school complex" in section 302A-101 to read:

""School complex" means a [grouping of schools established] high school and its geographically contiguous intermediate or middle and elementary schools as defined by the department for instructional, administrative, and organizational purposes."

3. By amending section 302A-1101 to read:

"§302A-1101 Department of education; board of education; superintendent of education. (a) There shall be a [principal executive department to be known as the] statewide public education system to be administered by a department of education, which shall be headed by an elected policy-making board to be known as the board of education. The board shall have power in accordance with law to formulate statewide educational policy, adopt student performance standards and assessment models, monitor school success, and to appoint the superintendent of education as the chief executive officer of the public school system.

(b) The board shall appoint, and may remove, the superintendent by a majority vote of its members. The salary of the superintendent of education shall be set by the board of education at a rate no greater than $150,000 a year. The superintendent:

(1) May be appointed without regard to the state residency provisions of section 78-1(b);

(2) May be appointed for a term of up to four years; [and]

(3) May be terminated only for cause[.]; and

(4) May appoint a deputy superintendent and assistants to the superintendent at a salary level set by the board of education but not exceeding the superintendent's salary level.

Under policies established by the board, the superintendent shall administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, adult education, school library services, health education and instruction (not including dental health treatment transferred to the department of health), and such other programs as may be established by law.

(c) The board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board, who shall serve for a two-year term without compensation. As the liaison to the board, the military representative shall advise the board regarding state education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel. The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, regulations, and policies and may be removed only for cause by a majority vote of the members of the board."

4. By amending section 302A-1102 to read:

"[[]§302A-1102[]] Department of education; statewide and [regional administrative services.] school complex administration. (a) The department shall serve as the central support system responsible for the overall administration of statewide educational policy, [interpretation, and] development of standards for compliance with state and federal laws, and coordination and preparation of a systemwide complex-based budget and financial management system for the public schools. The department [may] shall establish [regional administrative] school complex units to provide [administrative support to the schools for] personnel, fiscal, and procurement services[. The regional administrative units may also be assigned responsibility for the administration and operation of special education programs and special schools.] to each school complex."

5. By repealing the definitions of "EDN 100", "regional administrative unit" and "school-based budget flexibility".

[""EDN 100" means the budget program identification number for the school-based budgeting program within the department.

"Regional administrative unit" means a grouping of complexes established by the department for administrative support and organizational purposes.

"School-based budget flexibility" means an operating budget preparation and allocation process that provides maximum flexibility to individual schools, complexes, and learning support centers in the preparation and execution of their operating budgets."]

SECTION 3. Chapter 398, Hawaii Revised Statutes, is amended as follows:

1. By amending the chapter title to read:

"FAMILY AND OTHER LEAVE"

2. By designating sections 398-1 to 398-11 as Part I.

3. By adding a new section as Part II to be appropriately designated and to read:

"§398-   Parent teacher conferences; parental leave for participation. (a) Any parent of a public school student shall be entitled to be absent from employment twice each school year for a period of not more than two hours to attend a parent teacher conference at the school at which the employee's child is enrolled. No employer shall penalize an employee, nor reduce an employee's usual salary or wages for attending a parent teacher conference with their child's teacher. Presentation of a letter from the principal of the school by an employee to the employer shall constitute proof of attendance by the employee.

(b) The department may adopt rules pursuant to chapter 91 to effectuate this section."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2005.