Report Title:

Education; Governance; Transition; Constitutional Amendment

Description:

Requires the governor, with the assistance of the DOE, to prepare legislation to implement proposed amendments to the state constitution to change the governance, internal structure, management, and operation of public schools in Hawaii.

THE SENATE

S.B. NO.

412

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to government.

 

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

SECTION 1. The governor, with the assistance of the department of education, shall prepare legislation to implement proposed amendments to the Constitution of the State of Hawaii to:

(1) Replace the State's single, fourteen-member board of education         , seven-member boards of education;

(2) Require two members of each newly created board of education to be appointed by the governor and five members of each newly created board of education to be elected by the qualified voters of that board district;

(3) Give each newly created board of education exclusive jurisdiction over the internal structure, management and operation of the public schools within its boundaries; and

(4) Allow the governor to appoint the administrative head of an office of comptroller and compliance, which would be responsible for conducting post-audits of the transactions, accounts, programs and performance of the newly created boards of education.

SECTION 2. (a) The legislation shall be consistent with, and faithfully implement the proposed amendments to the Constitution of the State of Hawaii to change the governance, internal structure, management, and operation of public schools in Hawaii, as provided in S.B. No.     .

(b) The legislation shall be consistent with existing state and federal laws, including those laws relating to collective bargaining, discriminatory practices, health and safety requirements, and the federal "No Child Left Behind Act of 2001" (P.L. 107-110).

(c) The governor, in a separate proposal, may submit legislation to repeal or amend, or both, existing state laws, including those laws relating to collective bargaining, discriminatory practices, and health and safety requirements, that interfere unduly with the governance, internal structure, management, and operation of public schools in Hawaii.

SECTION 3. The governor, not less than twenty days prior to the convening of the Regular Session of 2005, shall submit legislation to the legislature for implementing the constitutional amendments proposed by S.B. No.     .

SECTION 4. (a) The governor, not less than twenty days prior to the convening of the Regular Session of 2006, shall submit a proposed six-year program and financial plan to the legislature for implementing the constitutional amendments proposed by S.B. No.     .

(b) The proposed program and financial plan shall include a six-year program and financial plan for school repair and maintenance. The program and financial plan for school repair and maintenance shall be based on estimated preventive and scheduled maintenance costs, budgeted recurring maintenance, health and safety requirements, and legal mandates.

SECTION 5. (a) The legislation shall not necessitate the layoff of permanent department of education employees; provided that:

(1) Permanent positions made vacant by retirements or promotions may be left unfilled, abolished, or re-described; and

(2) Permanent positions made vacant by terminations or demotions may be filled, abolished, or redescribed,

in order to carry out the purposes of this Act and to implement the constitutional amendments proposed by S.B. No.     .

(b) The legislation shall attach the office of comptroller and compliance to the department of budget and finance for administrative purposes and for the purposes of section 3a of article X of the state constitution.

SECTION 6. This Act shall take effect on December 1, 2004, only if the constitutional amendments proposed by S.B. No.     , in any form passed by the legislature during the Regular Session of 2003 or 2004, are ratified in accordance with article XVII, section 3 of the Constitution of the State of Hawaii.

INTRODUCED BY:

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