Report Title:

Creates new governance system for public education system.

Description:

Establishes state board of elected and appointed members; establishes regional administrative units to deliver educational services to all public schools; delineates roles of the state board of education, state superintendent of education, board of directors of regional administrative units, regional superintendents, and principals; creates complex-based management system. (SB667 SD2)

THE SENATE

S.B. NO.

667

TWENTY-SECOND LEGISLATURE, 2003

S.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EDUCATION.

 

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

Part I.

SECTION 1. The legislature finds that a report of the National Commission on Governing America's Schools (Commission), published in 1999, indicates that with the shift towards a standards-based education system, the focus of policy-makers shifted from helping individual students to assisting individual schools and districts that were failing children. At this time, there was recognition that varying socioeconomic and demographic conditions amongst school districts alter the landscape of educational decisions as well as increase demands upon schools to provide related school-based services. These phenomena introduce even more factors that need to be considered in making education decisions, and therefore governance structures need to be reviewed and revised to be able to address these facts. While the Commission considered various approaches to governance, their findings and recommendations were rooted in the premise that "the real work of learning happens in the classroom, in the interaction between the teacher and student", with a concurrent premise that "this interaction is affected by innumerable large and small decisions made by principals, school boards, superintendents, state legislatures, education department officials, and the federal government. These decisions and their implementation can either aid or hinder quality education in the classroom". Further, with the passage of the federal No Child Left Behind Act and the continuing monitoring of special education services under the Felix consent decree, the federal government is now playing a larger role in setting education policy.

The legislature further finds that Hawaii's public education system is unique amongst the states, in that it is the only school system in the nation that is administered by the state government. In contrast, school districts in the other forty-nine states are administered by district or county school boards that have varying levels of authority for the setting of district educational policy and funding of educational services. These school districts, known as local education agencies, are to varying degrees monitored by a state education agency, usually an entity primarily concerned with compliance with state education policy and federal education mandates. Yet in Hawaii, the state department of education acts as both the state education agency and the local education agency. Thus, unlike in the other states, there is no clear delineation between when the department of education is acting as the state education agency and when it is acting as the local education agency.

The legislature further finds that there continues to be ongoing debate regarding the fragmentation of authority between the board of education and the superintendent, the complex superintendents, and the principals who are designated as the chief executive officers of the schools. Presently, article X, section 3, of the Hawaii state constitution assigns authority for formulating statewide educational policy as provided by law to the elected board of education, which appoints the superintendent of education as the chief executive officer of the public school system. This fragmentation must and can be addressed by creating a coherent educational governance structure that clearly delineates the roles of the state board of education, the state administration, the district administration, and the individual schools.

Thus, the purpose of this Act is to establish a new governance and administrative structure for Hawaii's kindergarten through grade 12 public school system as follows:

(1) Create a state board of education composed of seven members elected from seven school board districts and six members appointed by the governor with the advice and consent of the senate;

(2) Create seven regional education agencies as the primary administrative units for the delivery of educational services, to be governed by appointed boards of directors and administered by regional superintendents;

(3) Delineate the roles and responsibilities of the state board of education and state superintendent and the regional education agency, its governing board, and regional superintendent; and

(4) Establish school complex-based management within the regional education agencies.

Part II.

SECTION 2. Section 4-1, Hawaii Revised Statutes, is amended to read as follows:

"§4-1 Districts, generally. For election, taxation, [education,] city, county, and all other purposes, the State shall be divided into the following districts; provided that the establishment of election districts shall be exclusively governed by article IV of the constitution of the State of Hawaii and chapter 25:

(1) The island and county of Hawaii shall be divided into nine districts as follows:

(A) Puna, to be styled the Puna district;

(B) From the Hakalau stream to the boundary of South Hilo and Puna, to be styled the South Hilo district;

(C) From the boundary of Hamakua and North Hilo to the Hakalau stream, to be styled the North Hilo district;

(D) Hamakua, to be styled the Hamakua district;

(E) North Kohala, to be styled the North Kohala district;

(F) South Kohala, to be styled the South Kohala district;

(G) North Kona, to be styled the North Kona district;

(H) South Kona, to be styled the South Kona district; and

(I) Kau, to be styled the Kau district.

(2) The islands of Maui, Molokai, Lanai, and Kahoolawe and the counties of Maui and Kalawao shall be divided into seven districts as follows:

(A) Kahikinui, Kaupo, Kipahulu, Hana, and Koolau, to be styled the Hana district;

(B) Hamakualoa, Hamakuapoko, portion of Kula, and Honuaula, the western boundary being a line starting from the sea at Kapukaulua on the boundary between the ahupuaas of Haliimaile and Wailuku, thence running inland following the boundary to the mauka side of the Lowrie ditch, thence following the mauka side of the ditch and its projected extension to the Waiakoa gulch which is the boundary between the ahupuaas of Pulehunui and Waiakoa, thence down along the boundary to the mauka boundary of the Waiakoa Homesteads (makai section), thence along the boundary to the ahupuaa of Kaonoulu, thence across the ahupuaa of Kaonoulu to the mauka boundary of the Waiohuli-Keokea Beach Homesteads, thence along the boundary to the mauka boundary of the Kamaole Homesteads, thence along the boundary and the extension thereof to the north boundary of the ahupuaa of Paeahu, thence along the boundary to the sea, and including the island of Kahoolawe, to be styled the Makawao district;

(C) All that portion of central Maui lying east of a line along the boundary of the ahupuaas of Kahakuloa and Honokohau to the peak of Eke crater, thence along the ridge of mountains and down the bottom of Manawainui gulch to the sea, and west of the boundary of Makawao district, to be styled Wailuku district;

(D) All that portion of Maui lying west of Wailuku district, to be styled the Lahaina district;

(E) The island of Molokai, except that portion of the island known as Kalaupapa, Kalawao, and Waikolu and commonly known or designated as the Settlement for Hansen's disease sufferers, to be styled the Molokai district;

(F) All that portion of the island of Molokai known as Kalaupapa, Kalawao, and Waikolu forming the county of Kalawao, to be styled the Kalawao district; and

(G) The island of Lanai, to be styled the Lanai district.

(3) For judicial purposes, the island of Oahu shall be divided into seven districts as follows:

(A) From Makapuu Head in Maunalua to Moanalua inclusive, and the islands not included in any other district, to be styled the Honolulu district;

(B) Ewa, excluding Waikakalaua, Waipio Acres, and Mililani Town, to be styled the Ewa district;

(C) Waianae excluding Waianae Uka, to be styled the Waianae district;

(D) From Kaena point to and including Waialee Stream excluding Wahiawa, hereinafter described, to be styled the Waialua district;

(E) From Waialee Stream to Lae o ka Oio, to be styled the Koolauloa district;

(F) From Lae o ka Oio to Makapuu Head in Waimanalo, to be styled the Koolaupoko district;

(G) Wahiawa and Waianae Uka, including Waikakalaua, Waipio Acres, and Mililani Town, lying between Ewa and Waialua districts and more particularly described in the following manner: Beginning at Puu Kaaumakua in the Koolau range and running to and along the south boundary of Waianae Uka (which is also the south boundary of Schofield Barracks Military Reservation) to Puu Hapapa in the Waianae range; thence continuing along Schofield Barracks Military Reservation northerly along the Waianae range to Puu Kaala, easterly along Mokuleia down ridge to Puu Pane, continuing to Maili Trig. station, and down ridge to Haleauau stream and down Haleauau stream to Kaukonahua gulch, and easterly along the gulch to the west boundary of the ahupuaa of Wahiawa; thence leaving Schofield Barracks Military Reservation and following up and along the west and north boundaries of the ahupuaa of Wahiawa to the Koolau range; thence along the Koolau range to the beginning; to be styled the Wahiawa district.

(4) For all purposes except for judicial, the island of Oahu shall be divided into seven districts as follows:

(A) From Makapuu Head in Maunalua to Moanalua inclusive, and the islands not included in any other district, to be styled the Honolulu district;

(B) Ewa, to be styled the Ewa district;

(C) Waianae excluding Waianae Uka, to be styled the Waianae district;

(D) From Kaena point to and including the ahupuaa of Waimea excluding Wahiawa, hereinafter described, to be styled the Waialua district;

(E) From Waimea to Lae o ka Oio, to be styled the Koolauloa district;

(F) From Lae o ka Oio to Makapuu Head in Waimanalo, to be styled the Koolaupoko district;

(G) Wahiawa and Waianae Uka, lying between Ewa and Waialua districts and more particularly described in the following manner: Beginning at Puu Kaaumakua in the Koolau range and running to and along the south boundary of Waianae Uka (which is also the south boundary of Schofield Barracks Military Reservation) to Puu Hapapa in the Waianae range; thence continuing along Schofield Barracks Military Reservation northerly along the Waianae range to Puu Kaala, easterly along Mokuleia down ridge to Puu Pane, continuing to Maili Trig. station, and down ridge to Haleauau stream and down Haleauau stream to Kaukonahua gulch, and easterly along the gulch to the west boundary of the ahupuaa of Wahiawa; thence leaving Schofield Barracks Military Reservation and following up and along the west and north boundaries of the ahupuaa of Wahiawa to the Koolau range; thence along the Koolau range to the beginning; to be styled the Wahiawa district.

(5) The islands of Kauai, Niihau, Kaula, and county of Kauai, shall be divided into five districts as follows:

(A) From Puanaaiea point to the ili of Eleele, including the islands of Niihau and Kaula, to be styled the Waimea district;

(B) From and including the ili of Eleele to and including Mahaulepu, to be styled the Koloa district;

(C) From and including Kipu to the northerly bank of the north fork and the main Wailua river, to be styled the Lihue district;

(D) From the northerly bank of the north fork and the main Wailua river to Kealaakaiole, to be styled the Kawaihau district; and

(E) From and including Kealaakaiole to Puanaaiea point to be styled the Hanalei district."

SECTION 3. Chapter 13, Hawaii Revised Statutes, is amended as follows:

1. By amending section 13-1, to read:

"§13-1 [Board members; number.] State board of education composition; school board districts. [(a)] The board of education shall consist of thirteen members: six members at-large who shall be nominated by, and with the advice and consent of the senate, appointed by the governor pursuant to section 26-34, and seven members who shall be elected by the registered voters of [two at-large] seven school board districts as follows:

First school board district[: the island of Oahu, comprised of the 11th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts, and the

Second school board district: the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai, and Niihau, comprised of the 1st through the 10th, a portion of the 49th (that portion found on the island of Kauai), and the 50th and 51st representative districts.

(b) Ten members shall be elected at-large from the first school board district. Of the ten members elected at-large from that district, one shall be a resident of the third departmental school district (Honolulu), one shall be a resident of the fourth departmental school district (Central Oahu), one shall be a resident of the fifth departmental school district (Leeward Oahu), and one shall be a resident of the sixth departmental school district (Windward Oahu).

(c) Three members shall be elected at-large from the second school board district. Of the three members elected at-large from that district, one shall be a resident of the first departmental school district (Hawaii), one shall be a resident of the second departmental school district (Maui), and one shall be a resident of the seventh departmental school district (Kauai).

(d) The departmental school districts shall be as follows:

First departmental school district] (Hawaii): the island of Hawaii comprised of the 1st through the 5th and a portion of the 6th (that portion found on the island of Hawaii) representative districts;

Second [departmental] school board district (Maui): the islands of Maui, Molokai (including the county of Kalawao), Lanai, and Kahoolawe comprised of a portion of the 6th (that portion found on the island of Maui) and the 7th through the 10th representative districts;

Third [departmental] school board district (Honolulu): that portion of the island of Oahu comprised of the 21st through the 41st representative districts;

Fourth [departmental] school board district (Central Oahu): that portion of the island of Oahu comprised of the 11th through the 14th and the 45th representative districts;

Fifth [departmental] school board district (Leeward Oahu): that portion of the island of Oahu comprised of the 42nd through the 44th, the 46th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts;

Sixth [departmental] school board district (Windward Oahu): that portion of the island of Oahu comprised of the 15th through the 20th representative districts; and

Seventh [departmental] school board district (Kauai): the islands of Kauai and Niihau comprised of a portion of the 49th (that portion found on the island of Kauai) and the 50th and 51st representative districts."

2. By amending section 13-1.1 to read:

"[[]§13-1.1[]] Reapportionment[.]; elected members. Upon the implementation of a new apportionment plan, the chief election officer, by proclamation issued no later than the tenth day prior to the close of filing in elections, shall designate the representative districts that comprise [the departmental school districts and] the school board districts described in section 13-1 to comply with the new districting scheme of [such] that plan[; provided that the departmental school districts designated shall cover areas similar to those described in section 13-1]."

3. By amending section 13-2 to read:

"§13-2 Qualifications[.]; elected members; appointed members. (a) No person shall be eligible for election [or appointment] to the state board of education unless the person is a registered voter and resident of the school board district from which the person is to be elected [or appointed and, where residency in a particular departmental school district is a requirement, a resident of the departmental school district for which seat the person is seeking election or appointment]. No elected member of the state board shall hold or be a candidate for any other public office under the state or county governments in accordance with [Article] article II, section 7 of the Constitution of the State; nor shall a person be eligible for election [or appointment] to the board of education if that person is also a candidate for any other public office under the state or county governments. The term "public office", for the purposes of this section, shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster relief.

(b) No person shall be eligible for appointment to the state board of education unless the person is a registered voter of the State of Hawaii. In making nominations to the state board, the governor shall ensure that, to the extent practicable, the members represent the demographics of the State's public school population; provided that the counties of Hawaii, Maui, and Kauai, respectively, shall each be represented by one member who shall be a resident of the respective county that they are appointed to represent."

4. By amending section 13-3 to read:

"§13-3 Election of state board members. (a) Members of the state board of education shall be nominated at a primary election and elected at the general election. Except as otherwise provided by this chapter, the candidates for the board of education shall be elected in the manner prescribed by this title.

(1) Nomination papers, preparation of. The chief election officer shall prepare nomination papers in such a manner that a candidate desiring to file for election to the board of education shall be able to specify whether the candidate is seeking a seat requiring residency in a particular departmental school district or a seat without [such] the residency requirement.

(2) Ballot. The school board ballot shall be prepared in such a manner as to afford every voter eligible to vote in a school board district race the opportunity to vote for each and every candidate seeking election from that school board district.

The school board ballot shall contain the names of all board candidates arranged alphabetically in a nonpartisan manner; provided that the names of candidates seeking seats requiring residency in a particular [departmental] school district shall be grouped alphabetically according to [departmental] school districts.

(3) Primary election. Two candidates receiving the most votes for each available seat shall be nominated for the general election. If, after the close of filing of nomination papers, there are only two qualified candidates for any seat requiring residency in a particular [departmental] school district, the chief election officer shall declare those two candidates duly nominated for the general election. The names of those two candidates shall not appear on the primary election ballot.

(4) General election. Each voter in the general election shall be entitled to receive the school board ballot and to vote for the number of seats available in the respective school board districts.

(b) In the event that there is only one qualified candidate for any seat requiring residency in a particular [departmental] school district, after the close of filing of nomination papers, the chief election officer shall declare [such] the candidate to be duly and legally elected. In the event that the number of qualified candidates for seats without [such] the residency requirement is equal to or less than the number of [such] the seats to be filled, after the close of filing of nomination papers, the chief election officer shall declare such candidates to be duly and legally elected."

5. By amending section 13-4 to read:

"§13-4 Board members; [term,] term of office; vacancies. (a) The term of office of elected members of the state board shall be for four years beginning on the day of the special election held in conjunction with the general election of the year in which they are elected and ending on the day of the special election held in conjunction with the second general election after their election, except as provided in subsection (c). Members of the board may be re-elected without restriction as to the number of terms.

(b) Any vacancy of an elected board member that may occur through any cause other than the expiration of the term of office shall be filled in accordance with section 17-6.

(c) Members of the board elected at the special election held in conjunction with the general election in [1984] 2006 shall be divided into two classes. There shall be [seven] four members in the first class who shall hold office for a term of four years beginning with their election and ending on the day of the special election held in conjunction with the second general election after their election. The remaining members shall comprise the second class and shall hold office for a term of two years beginning with their election and ending on the day of the special election held in conjunction with the next general election after their election, and then members of the second class shall be elected to four year terms.

Membership in the first class shall consist of: [three] members who are elected [with the highest number of votes] from the first, third, fifth, and seventh school board [district] districts as designated under section 13-1, [who are not required to reside in any particular departmental school district and one member elected from each odd-numbered departmental school district.] Membership of the second class shall consist of the remaining elected school board members.

(d) The term of office of the six appointed members of the state board shall be for four years and shall begin on July 1 of each year; provided that the terms of the initial appointments shall be staggered so that the first three members appointed shall serve a term of four years and the remaining three members shall serve a term of two years. Thereafter, all appointments shall be for terms of four years. Vacancies in appointed board positions shall be filled pursuant to section 26-34."

Part III.

SECTION 4. Section 26-12, Hawaii Revised Statutes, is amended to read as follows:

"§26-12 Department of education. (a) The department of education shall be headed by [an executive] a governing board to be known as the state board of education. The department of education shall comprise the public school system and the public library system.

[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.] (b) The public school system shall provide educational and related school-based services at the preschool, primary, and secondary school levels through seven regional education agencies within the department of education that shall serve as the primary administrative and organizational units for the delivery of educational services within the seven school board districts. The system shall be administered by a state superintendent who shall be the chief executive officer of the public schools. The superintendent shall be responsible for the overall implementation of statewide educational policy, compliance with state and federal laws, and preparation and execution of a systemwide integrated budget and financial management system for the public school system. Each regional education agency shall be governed by a board of directors, and administered by a regional superintendent who shall serve as the chief administrative officer of the respective regional education agency as provided in section 302A-  .

(c) The state librarian, under policies established by the board of education, shall be responsible for the administration of programs relating to public library services and transcribing services for the blind.

The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.

The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.

The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.

Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services the board of education may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.

Notwithstanding any law to the contrary, the board of education may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the board of education on matters relating to public library services in their respective county."

SECTION 5. Section 26-53, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) [Effective January 1, 1989, and January 1, 1990, the] The salary of the deputy to the superintendent of education shall be [$81,629 and $85,302 a year, respectively.] as provided in section 302A-1101(b)(4)."

SECTION 6. Section 302A-101, Hawaii Revised Statutes, is amended as follows:

1. By adding new definitions of "regional superintendent" and "regional education agency" to be appropriately inserted and to read:

""Regional superintendent" means the chief administrative officer of the respective school complexes within a regional education agency.

"Regional education agency" means the administrative and organizational structure comprising school complexes within a school board district for the purposes of delivering educational services to students in all public schools."

2. By amending the definitions of "board" and "superintendent" to read:

""Board" means the state board of education.

"Superintendent" means the [superintendent] chief executive officer of the department of education."

3. By repealing the definition of "EDN 100".

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

4. By repealing the definition of "regional administrative unit".

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

SECTION 7. Chapter 302A, Hawaii Revised Statutes, is amended as follows:

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

"§302A- Regional education agencies; board of directors; regional superintendent. (a) There are established seven regional education agencies comprising the school complexes within each school board district, as follows:

First regional education agency (Hawaii): the island of Hawaii comprised of the 1st through the 5th and a portion of the 6th (that portion found on the island of Hawaii) representative districts;

Second regional education agency (Maui): the islands of Maui, Molokai (including the county of Kalawao), Lanai, and Kahoolawe comprised of a portion of the 6th (that portion found on the island of Maui) and the 7th through the 10th representative districts;

Third regional education agency (Honolulu): that portion of the island of Oahu comprised of the 21st through the 41st representative districts;

Fourth regional education agency (Central Oahu): that portion of the island of Oahu comprised of the 11th through the 14th and the 45th representative districts;

Fifth regional education agency (Leeward Oahu): that portion of the island of Oahu comprised of the 42nd through the 44th, the 46th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts;

Sixth regional education agency (Windward Oahu): that portion of the island of Oahu comprised of the 15th through the 20th representative districts; and

Seventh regional education agency (Kauai): the islands of Kauai and Niihau comprised of a portion of the 49th (that portion found on the island of Kauai) and the 50th and 51st representative districts;

(b) Each regional education agency shall be governed by a board of directors to be composed of the elected state board of education member from the school board district comprising the schools within the regional education agency and one representative from each school complex within the regional education agency; provided that the appointed members shall represent elementary and secondary schools within each school complex. The regional board members representing school complexes, shall be appointed by the governor with the advice and consent of the senate, pursuant to section 26-34. The terms of office of appointed regional board members shall be four years, and no regional board member, except the elected board of education member, may serve more than two consecutive terms. The regional board members shall serve without compensation.

(c) The elected state board of education member shall serve as the chairperson of the regional board, and shall represent the regional board at state board of education meetings. The regional boards shall hold monthly meetings for the purpose of: considering and taking action on administrative matters as requested by the regional superintendent; receiving and discussing a monthly educational progress report from the regional superintendent; receiving presentations from school complexes and individual schools; and receiving testimony from the public. The meetings of the regional board shall be scheduled on alternate weeks from the meetings of the state board of education.

(d) The regional board shall appoint a regional superintendent as the chief administrative officer of the regional education agency. The regional superintendent shall be responsible for the daily operation of the public schools located within the regional education agency, including allocation of district and school-level personnel, procurement of goods and services, and management of state and federal financial resources allocated to the district. The regional superintendents shall establish within each school complex, a principal advisory council composed of each school's principal or the principal's designee. The regional superintendent shall convene the principal advisory council at least once each month during the school year, to solicit and to receive input from the principals regarding regional administrative policies, procedures, and operational issues of concern within their respective schools and school complexes."

2. 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 department of education,] statewide public school system, which shall be [headed] governed by [an elected] a policy-making board to be known as the state board of education. The board shall have power in accordance with law to formulate statewide educational policy, adopt statewide student performance standards and state assessment models, monitor [school success] student achievement, 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 as provided in section 26-52(1). 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 state board of education but not exceeding the superintendent's salary level.

(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."

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

"[[]§302A-1102[]] Department of education; [statewide and regional administrative services.] regional education agencies; roles and responsibilities. (a) The department, through the superintendent, shall [serve as the central support system] be responsible for the overall [administration] execution of statewide educational policy, [interpretation, and] development of standards for compliance with state and federal laws, and coordination and preparation of a systemwide school complex-based budget and financial management system for the public schools. [The department may establish regional administrative 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.]

Under statewide policies established by the state board of education, the superintendent shall:

(1) Develop a state education plan with annual statewide goals for student achievement based upon the Hawaii content and performance standards;

(2) Act as a liaison to the regional education agencies and regional superintendents in the implementation of the state education plan;

(3) Manage state administrative support functions related to the implementation of statewide educational policy, development of standards for compliance with state and federal laws, and coordination and preparation of a systemwide school-complex based budget and financial management system for the public schools; and

(4) Provide training for board of education members and regional board members regarding current education policy issues and state or federal mandates affecting state educational programs and services.

(b) The regional education agencies, through the regional superintendents, shall be responsible for the delivery of educational and related school-based services within their respective regions, including education at the preschool, primary, and secondary school levels.

Under the direction of the regional boards, the regional superintendents shall:

(1) Develop and implement a regional education plan that ensures compliance with the state education plan goals and addresses the individual performance goals of the schools within the region;

(2) Allocate and manage financial resources and personnel as reflected in the complex-based budget and financial management system;

(3) Provide staff development for district and school-level staff to support achievement of state and regional performance goals; and

(4) Act as a liaison to the state board of education and the state legislature."

4. By repealing section 302A-1104.

["[§302A-1104] Learning support centers. Beginning with the 1995-1996 school year and until June 30, 1999, school-level support for curriculum and instruction shall be provided through learning support centers to be governed by schools within each complex. The centers shall assist school personnel in the delivery of instructional services by providing support through curriculum development, student assessment, staff development, and resource allocation. The types of services offered and the manner in which these services are provided by the centers, as well as the prioritization and allocation of available resources, shall be determined by policies established by each complex. Any regional administrative units established by the department shall be assigned all administrative functions and provide administrative support to the learning support centers."]

Part IV.

SECTION 8. Section 89-10.6, Hawaii Revised Statutes, is amended to read as follows:

"§89-10.6 [School/community-based] School complex-based management waiver. A [school or a learning support center participating in the school/community-based management program] regional superintendent may initiate a waiver from state board policies, rules, or procedures, including collective bargaining agreements, as provided [for] in section [302A-1126.] 302A-   ."

SECTION 9. Chapter 302A, Hawaii Revised Statutes, is amended as follows:

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

"§302A- School complex-based management; implementation within regional education agencies; waivers. (a) School complex-based management shall be implemented within all regional education agencies. The governing boards of each regional education agency, in consultation with representatives of the school community, shall adopt guiding principles to support school complex-based management as it relates to the daily operation of the public schools. Any principal, on a case-by-case basis, may request from their regional superintendent, waivers from those guiding principles when implementation of school complex-based management would adversely impact individual student achievement or the school's attainment of educational goals as provided in the regional education plan.

(b) The regional superintendent may request from the board of education, a waiver of any board policy or department administrative rule that impedes the implementation of school complex-based management, including waivers to collective bargaining agreements as provided in section 89-10.6. The board, within thirty days of the request, shall indicate the board's approval or denial of the waiver. If the waiver is granted, it shall be for a period not to exceed two school years. If the waiver is denied, the board shall provide written reasons to the regional superintendent for the denial and allow the resubmission the request within thirty days of the notification of its denial.

(c) For the purposes of this section, "school complex-based management" means a philosophy of educational administration that primarily considers the needs of those persons directly affected by the educational programs and related school-based services provided in the public schools."

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

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

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

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

4. By amending section 302A-1505 to read:

"§302A-1505 Prioritization of repair and maintenance. (a) Each [school] regional superintendent shall meet with the department of accounting and general services on an annual basis to advise the department of school needs. Before any repair and maintenance projects for the upcoming fiscal year are implemented, each individual school administration shall prioritize and approve its repair and maintenance needs, and approve the scope of the implementation plan for the individual projects. After [schools have] the regional education agencies have prioritized their repair and maintenance projects, a statewide list shall be prepared and reviewed by the department of accounting and general services, and reviewed and approved by the department of education; provided that the department of education, in consultation with the appropriate regional superintendent, may make adjustments [among schools and districts] within each regional education agency. Each school repair and maintenance priority listing shall be submitted by the department of education to the department of accounting and general services for implementation. Each listing shall be posted electronically on the Internet. The department of accounting and general services shall implement the school repair and maintenance program in accordance with the priorities set forth by the department of education[.], in consultation with the regional superintendents.

(b) Prior to meeting with the department of accounting and general services to advise it of a school's repair and maintenance needs, the [school's principal and the business and fiscal officer] regional superintendent shall consider the recommendations made by the [school/community-based management council, if there is such a council at the school;] board of directors of the regional education agency, or the local school board, if the school is a new century charter school or a new century conversion charter school. [If there is no school/community-based management council or local school board, then the school's principal shall appoint a standing committee composed of a teacher, a member of the support staff, a parent, a student, and a community member.]

(c) In prioritizing a school's repair and maintenance needs, the department of accounting and general services[, the school's principal, and the business and fiscal officer] and the regional superintendent shall consider the availability of donated and discounted repair and maintenance services and materials that will be provided by community groups, volunteers, and businesses."

Part V.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect on April 20, 2037, and upon ratification of constitutional amendments creating a new state board of education composed of six appointed members and seven elected members and establishing regional education agencies.