Report Title:

Constitutional Amendment; Public Schools; Governance

Description:

Proposes amendments to the state constitution in order to change the governance, internal structure, management and operation of public schools in Hawaii. Replaces the State's single, elected board of education with          elected/appointed boards of education.

THE SENATE

S.B. NO.

413

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

proposing amendments to the constitution of the state of hawaii in order to change the governance, internal structure, management and operation of public schools in hawaii.

 

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

SECTION 1. The purpose of this Act is to propose amendments to the Constitution of the State of Hawaii in order to:

(1) Replace the State's single, fourteen-member board of education with         , 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. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"[BOARD] BOARDS 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.] There shall be          boards of education, the boundaries of which shall be established by law. A board of education shall consist of seven voting members. The qualified voters of that board district, as provided by law shall elect five members of a board of education in a nonpartisan manner.

Two members of a board of education shall be nominated and, by and with the advice and consent of the senate, appointed by the governor in accordance with section 6 of Article V. The governor shall appoint one member with demonstrated skills, knowledge and abilities in administration and one member with demonstrated skills, knowledge and abilities in finance.

No person shall be eligible to serve as a voting member of a board of education unless that person:

1. Has been a resident of the State for not less than three years;

2. Has attained the age of majority; and

3. Is, prior to being nominated and thereafter continues to be, a qualified voter of that board district.

The governor may appoint a public high school student to serve as a nonvoting member of a 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] A 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.] Each board of education shall have the power to formulate policy, and to exercise control over the public schools within its boundaries through its executive officer, a superintendent of education, who shall be appointed by the board.

Each board of education shall also have exclusive jurisdiction over the internal structure, management and operation of the public schools within its boundaries. This section shall not limit the power of the legislature to enact laws of statewide concern. The legislature shall have the exclusive jurisdiction to identify laws of statewide concern.

Each board of education and the public schools within its boundaries is established as an independent public school system and constituted a body corporate."

SECTION 4. Article X of the Constitution of the State of Hawaii is amended by adding a new section to read as follows:

"Section 3a. There shall be established by law an office of comptroller and compliance to monitor the boards of education created by section 2 of Article X. The office of comptroller and compliance shall be administratively attached to the executive department responsible for undertaking the preparation and execution of the executive budget of the state government. The governor shall nominate and, by and with the advice and consent of the senate, appoint the administrative head of the office of comptroller and compliance.

The office of comptroller and compliance shall conduct post-audits of the transactions, accounts, programs and performance of the boards of education created by section 2 of Article X, certify to the accuracy of all financial statements issued by the accounting officers of each board and report the office's findings and recommendations to the governor and to the legislature at such times as shall be provided by law. The office of comptroller and compliance shall also make such additional reports and conduct such other investigations as may be directed by the legislature."

SECTION 5. Article V, section 6, of the Constitution of the State of Hawaii is amended to read as follows:

"EXECUTIVE AND ADMINISTRATIVE OFFICES

AND DEPARTMENTS

Section 6. All executive and administrative offices, departments and instrumentalities of the state government and their respective powers and duties shall be allocated by law among and within not more than twenty principal departments in such a manner as to group the same according to common purposes and related functions. Boards of education shall be deemed to be executive instrumentalities of the state government but shall not be allocated among and within these twenty principal departments. Temporary commissions or agencies for special purposes may be established by law and need not be allocated within a principal department.

Each principal department shall be under the supervision of the governor and, unless otherwise provided in this constitution or by law, shall be headed by a single executive. Such single executive shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. That person shall hold office for a term to expire at the end of the term for which the governor was elected, unless sooner removed by the governor; except that the removal of the chief legal officer of the State shall be subject to the advice and consent of the senate.

Except as otherwise provided in this constitution, whenever a board, commission or other body shall be the head of a principal department of the state government, the members thereof shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. The term of office and removal of such members shall be as provided by law. Such board, commission or other body may appoint a principal executive officer who, when authorized by law, may be an ex officio, voting member thereof, and who may be removed by a majority vote of the members appointed by the governor.

The governor shall nominate and, by and with the advice and consent of the senate, appoint all officers for whose election or appointment provision is not otherwise provided for by this constitution or by law. If the manner or removal of an officer is not prescribed in this constitution, removal shall be as provided by law.

When the senate is not in session and a vacancy occurs in any office, appointment to which requires the confirmation of the senate, the governor may fill the office by granting a commission which shall expire, unless such appointment is confirmed, at the end of the next session of the senate. The person so appointed shall not be eligible for another interim appointment to such office if the appointment failed to be confirmed by the senate.

No person who has been nominated for appointment to any office and whose appointment has not received the consent of the senate shall be eligible to an interim appointment thereafter to such office.

Every officer appointed under the provisions of this section shall be a citizen of the United States and shall have been a resident of this State for at least one year immediately preceding that person's appointment, except that this residency requirement shall not apply to the president of the University of Hawaii."

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

"Shall:

(1) The State's single, fourteen-member board of education be replaced with         , seven-member boards of education;

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

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

(4) The governor 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 7. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 8. Upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii, this amendment shall take effect on July 1, 2006.

INTRODUCED BY:

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