Report Title:

Department of Education; Textbooks and Instructional Materials

Description:

Establishes a statewide consolidated textbook and instructional materials list for use within each school complex; allows department of education to enter into cooperative purchasing agreements for textbooks to achieve economies of scale; allows parents to purchase textbooks at department price; allows department to assess a textbook and instructional materials fees on students; establishes fees and process for textbook replacements. (SD1)

THE SENATE

S.B. NO.

995

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 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Textbooks and instructional materials" includes any book or other printed materials used as a standard work for a particular course of study. Textbooks includes library books."

SECTION 2. Section 302A-442.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-442.5[]] Instructional materials[.]; exceptional children. (a) Whenever used in this section, unless a different meaning clearly appears from the context:

"Braille" means the system of reading and writing through touch commonly known as standard English braille.

["Textbooks and other instructional materials" means any literary or nonliterary works obtained for use in a course of study.]

(b) All publishers of textbooks [or other] and instructional materials sold to the State or any [local education agency] public school shall furnish computer diskettes for literary subjects in the American Standard Code for Information Interchange from which braille versions can be produced. Publishers shall also furnish computer diskettes in American Standard Code for Information Interchange for nonliterary subjects including natural sciences, computer science, mathematics, and music when braille specialty code translation software is available.

(c) This section shall not apply to publishers of textbooks and [other] instructional materials written in the Hawaiian language."

SECTION 3. Section 302A-1130, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1130[]] Public schools [special] restitution fees and charges; [standards;] grouping of students. (a) [No equipment, material, or other fees shall be assessed against any pupil in any school, except that the] The department may assess and collect special fees and charges from pupils for co-curricular activities and from [pupils] students who negligently break, damage, lose, or destroy school [books] equipment[,] or supplies. Any [pupil] student found to be responsible for the loss, destruction, breakage, or damage of school [books, which shall include library and textbooks, of] equipment[,] or [of] supplies, shall make restitution to the school [in any manner], including the payment by the [pupil] student, or the [pupil's] student's parents or guardians, of the actual replacement costs.

(b) No [pupil] student shall be required to make restitution [in any manner] unless the [pupil] student and the [pupil's] student's parents or guardians have been notified and have been given an opportunity to be heard before the principal of the school on the charges that the [pupil] student was responsible for the loss, destruction, breakage, or damage of school [books,] equipment[,] or supplies.

(c) If the principal, upon a hearing on the charges, has reasonable cause to believe that the [pupil] student is responsible for the loss, destruction, breakage, or damage of school [books,] equipment[,] or supplies, the principal shall design a restitution program that shall be submitted to the [pupil] student and the [pupil's] student's parents or guardian for agreement in writing.

If restitution is made in this fashion, then no information about the charges, the hearing, and the actions taken shall be communicated to any person not directly involved in the proceedings.

If the [pupil] student and the student's parent or guardian do not agree with the determination made by the principal, the principal shall report to the district superintendent the determination and the findings made by the principal, including all the records and documents regarding the investigation, for any further action.

(d) Notwithstanding any other provisions in this section to the contrary, the State may elect to bring any appropriate action for the recovery of all damages to school properties. Nothing in this section shall limit the right of the State to bring any action against any person to recover the damages.

(e) Special fees and charges collected from [pupils] students for co-curricular activities shall be deposited into insured checking or savings accounts and expended by each individual school under rules adopted by the department pursuant to chapter 91.

(f) Special fees and charges collected from [pupils] students who negligently break, damage, lose, or destroy school [books,] equipment[,] or supplies shall be deposited in a fund and expended by the department under rules adopted pursuant to chapter 91.

(g) The department may continue to group [pupils] students within any public school in accordance with their abilities and educational needs."

SECTION 4. Section 302A-1130.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1130.5[] Textbook replacement fees, fines.] Textbooks and instructional materials; consolidated purchasing; fees and charges; other penalties. (a) Beginning with the 2005-2006 school year, the department of education shall develop and update on an annual basis, a statewide consolidated list of textbooks and instructional materials that are compatible with the Hawaii content and performance standards. The principals in each school complex shall, after consultation with their faculty, select not more than three textbooks or instructional materials for each approved course of study, which shall be used consistently throughout the school complex; provided that exceptions may be granted by the principal for advanced placement or honors courses. No individual public school nor school complex shall deviate from this list without prior permission from the superintendent, nor shall an individual public school or school complex request or receive state funds for any supplemental textbooks or instructional materials used by such school or school complex. Textbooks or instructional materials that are donated or purchased with federal or private funds may be used by a teacher, individual school, or school complex, provided that they are part of a curriculum compatible with the Hawaii content and performance standards and approved by the principal or district superintendent.

(b) In procuring textbooks and instructional materials, the department shall use, to the greatest extent practicable, cooperative purchasing as defined in section 103D-801, including but not limited to purchasing agreements with federal agencies and other state or local education agencies, to obtain a lower price per unit for textbooks and instructional materials than the department would otherwise obtain as a sole purchaser. The department shall include in such purchasing agreements an option for the purchase of additional textbooks at the same per unit price as is offered to the department, for use by a teacher or parent of a student enrolled in a particular course of study; provided that the parent shall reimburse the school for the purchase price of the textbook.

(c) The department shall assess and collect from each student or the student's parents or guardians, a textbook and instructional materials fee not to exceed $           per elementary school student and $           per intermediate and high school student at the beginning of each school term; provided that students who receive free and reduced lunch shall not be required to pay such fees.

[(a)] (d) School principals shall [recover special] retain the fees and replacement charges for lost, damaged, destroyed, or broken textbooks and instructional materials [as authorized under] pursuant to the same process provided under section 302A-1130[.

(b) All special]; provided that all fees and replacement charges for lost, damaged, destroyed, or broken [books] textbooks or instructional materials collected by the principal shall remain at the school level.

[(c) The school principal shall exercise any other supervisory powers that shall be necessary to provide satisfactory recovery and proper care of textbooks on a schoolwide basis as provided by law.]"

SECTION 5. Section 302A-1146, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1146[]] Schools [not to sell]; merchandise[, etc]. It shall be unlawful for any public school, without the written permission of the department, to operate stores or to sell merchandise, with the following exceptions: school lunches, milk, ice cream, candy, [things] and products made or grown at the school as part of the educational program[, and in cases where classroom efficiency, uniformity, or standardization of particular supplies is essential, textbooks, equipment, and necessary school supplies and equipment, may be sold by any school]. The department, with the advice of the comptroller, shall adopt rules in conformance with chapter 91 necessary for the purposes of this section."

SECTION 6. Section 302A-1308, Hawaii Revised Statutes, is amended to read as follows:

"[[]302A-1308[]] Use of resources by schools. School principals shall consult with teachers, parents, and students to solicit their advice on the use of moneys and positions. Prior to expending moneys and implementing position assignments, principals shall submit plans for the use of the moneys and positions to their district superintendents who shall review the plans for conformance with departmental policies and rules. Upon approval of the plans, moneys may be expended by the principals for supplies, [textbooks,] equipment, and services. Positions may be used to meet the unique needs of the schools."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2003.