Report Title:

Constitutional Amendment; Educational Governance

Description:

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

THE SENATE

S.B. NO.

74

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) Limit the powers and the duties of the board of education and the superintendent of education to: formulating educational policies and objectives of statewide concern; and ensuring the equitable distribution of resources among the area complex districts of the State;

(2) Give an area complex board the power and duty to: formulate educational policies and objectives for that area complex district; appoint an area complex superintendent as the chief executive officer of that area complex board; and ensure the equitable distribution of resources among the schools in that area complex district;

(3) Give a school-community stewardship council the power and duty to: formulate educational policies and objectives for that school; appoint a principal as the chief executive officer of that school; and ensure the equitable distribution of resources among the students in that school; and

(4) Require a person, beginning on the day of the 2006 general election, to be a current or former voting member of an area complex board or school-community stewardship council, or a current voting member of the board of education, in order to be eligible for election or appointment to the board of education or an area complex board.

SECTION 2. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"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.

No person, other than the public high school student selected by the Hawaii State Student Council pursuant to this section, shall be eligible for election or appointment to the board of education unless that person:

1. Was a voting member of an area complex board or school-community stewardship council within five years of the election or appointment;

2. Is a voting member of an area complex board or school-community stewardship council; or

3. Is a voting member of the board of education.

The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education."

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

"[POWER] POWERS AND DUTIES OF

THE BOARD OF EDUCATION

Section 3. The board of education shall have the power[, as provided by law,] and duty to formulate [statewide] educational [policy and] policies and objectives of statewide concern, appoint the superintendent of education as the chief executive officer of the [public school system.] board of education, and ensure the equitable distribution of resources among the area complex districts of the State."

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

"AREA COMPLEX BOARDS AND DISTRICTS

Section 3a. There shall be not less than thirteen but not more than seventeen area complex boards, the district boundaries and voting membership of which shall be established by law. The qualified voters of that area complex district, as provided by law, shall elect the members of the area complex board in a nonpartisan manner.

No person, other than a public high school student selected by the Hawaii State Student Council pursuant to this section, shall be eligible for election or appointment to an area complex board unless that person:

1. Was a voting member of an area complex board or school-community stewardship council within five years of the election or appointment;

2. Is a voting member of an area complex board or school-community stewardship council; or

3. Is a voting member of the board of education.

The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on each area complex board.

POWERS AND DUTIES OF

THE AREA COMPLEX BOARDS

Section 3b. An area complex board shall have the power and duty to carry out the policies and objectives formulated by the board of education, formulate educational policies and objectives for that area complex district, appoint an area complex superintendent as the chief executive officer of that area complex board, and ensure the equitable distribution of resources among the schools in that area complex district.

An area complex board shall be responsible for the operation of all schools within that area complex district, including the preparation and execution of research and development, capital investment, and operating budgets for that area complex district.

SCHOOL-COMMUNITY STEWARDSHIP COUNCILS

Section 3c. There shall be a school-community stewardship council for each school, the voting membership of which shall be established by law. The qualified constituents of that school, as provided by law, shall elect the members of a school-community stewardship council in a nonpartisan manner.

POWERS AND DUTIES OF

THE SCHOOL-COMMUNITY STEWARDSHIP COUNCILS

Section 3d. A school-community stewardship council shall have the power and duty to carry out the policies and objectives formulated by the board of education and area complex board, formulate educational policies and objectives for that school, appoint a principal as the chief executive officer of that school, and ensure the equitable distribution of resources among the students in that school.

A school-community stewardship council shall be responsible for the operation of that school, including the preparation and execution of research and development, capital investment, and operating budgets for that school."

SECTION 5. Article XVIII of the Constitution of the State of Hawaii is amended by adding a new section to read as follows:

"QUALIFICATIONS OF PERSONS ELIGIBLE

FOR ELECTION OR APPOINTMENT TO

THE BOARD OF EDUCATION AND AREA COMPLEX BOARDS

AFTER JULY 1, 2004

Section 12. Notwithstanding Article X to the contrary, members of the board of education elected in the 2004 general election shall hold office for a term of two years beginning with their election and ending on the day of the 2006 general election. Beginning on the day of the 2006 general election, no person, other than the public high school student selected by the Hawaii State Student Council pursuant to Article X, shall be eligible for election or appointment to the board of education or an area complex board unless that person:

1. Was a voting member of an area complex board or school-community stewardship council within five years of the election or appointment;

2. Is a voting member of an area complex board or school-community stewardship council; or

3. Is a voting member of the board of education."

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

"Shall the state constitution be amended to:

(1) Limit the powers and the duties of the board of education and the superintendent of education to: formulating educational policies and objectives of statewide concern; and ensuring the equitable distribution of resources among the area complex districts of the State;

(2) Give an area complex board the power and duty to: formulate educational policies and objectives for that area complex district; appoint an area complex superintendent as the chief executive officer of that area complex board; and ensure the equitable distribution of resources among the schools in that area complex district;

(3) Give a school-community stewardship council the power and duty to: formulate educational policies and objectives for that school; appoint a principal as the chief executive officer of that school; and ensure the equitable distribution of resources among the students in that school; and

(4) Require a person, beginning on the day of the 2006 general election, to be a current or former voting member of an area complex board or school-community stewardship council, or a current voting member of the board of education, in order to be eligible for election or appointment to the board of education or an area complex board?"

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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