Report Title:

Education; Class Size Reduction; Appropriation

Description:

Makes appropriations for various class size initiatives and to hire part-time teachers, tutors, or both, for public elementary and intermediate schools. Requires the reduction of the student to teacher ratio for grades kindergarten to five. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

1728

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

S.D. 2


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. The legislature finds that students need a firm educational base during their formative years. Because students learn at different rates and in different ways, they can greatly benefit from the extra attention that may be available to them from additional teachers or tutors.

The purpose of this Act is to appropriate funds to establish initiatives for the reduction of class size. This Act also requires the department of education to develop a phase-in plan for the reduction over the next three school years starting with the 2005-2006 school year for grades three to five and to begin reductions starting with the 2007-2008 school year for kindergarten to grade two.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A-   Class size reduction. (a) Subject to the availability of funds appropriated by the legislature and allotted by the governor, the department:

(1) Beginning with the 2007-2008 school year, shall reduce the ratio of students to teachers in kindergarten to not more than eighteen students to one teacher;

(2) Beginning with the 2008-2009 school year, shall reduce the ratio of students to teachers in grade one to not more than eighteen students to one teacher; and

(3) Beginning with the 2009-2010 school year, shall reduce the ratio of students to teachers in grade two to not more than eighteen students to one teacher.

(b) If in any year set forth in subsection (a) the department fails to attain or maintain, or both, the required ratio of students to teachers, then:

(1) Departmental compliance with the requirements of that paragraph may be delayed until such time as the department reports to the legislature that it is able to comply with the requirements of subsection (a); provided that in no event shall compliance with the requirements be delayed for more than three years; and

(2) The deadline for compliance with the requirements shall be postponed for a period of time that is equal to the postponement authorized in paragraph (1).

(c) The department shall not include any students or teachers in categorical programs when computing the ratio of students to teachers specified in subsection (a). The exemption in subsection (a) shall not apply to the availability of funds allocated by the department.

(d) A special education student shall be counted as one full-time student when computing the ratio of students to teachers.

(e) If a school will not have the classrooms needed to accommodate the additional classes created by the reductions of the student to teacher ratio as specified in subsection (a), then the governor may reallocate the unexpendable operating funds to:

(1) Supplement any capital investment funds that may have been appropriated by the legislature to construct permanent or portable classrooms at the school, notwithstanding any other law to the contrary; and

(2) Provide additional part-time teachers for the school.

(f) The department shall report the failure to attain, maintain, or both, the ratio of students to teachers, including the reasons therefor, to the legislature. The report shall contain a discussion of all planning, programming, and budgeting decisions contributing to the failure and shall be submitted to the legislature not less than twenty days prior to the convening of any regular or special session next occurring after that failure.

(g) No funds appropriated for the purpose of class size reduction shall be used for administrative services, regardless of whether these services are provided to students.

(h) Each school shall determine through a collaborative process with teachers how funds shall be expended to reduce class size.

(i) This section shall apply only to elementary schools and those portions of multi-level or comprehensive schools utilizing elementary school pedogogics.

(j) In the event of a conflict between this section and any other law, this section shall control."

SECTION 3. The department of education shall develop a phase-in plan for the reduction of class size for grades three, four, and five as follows:

(1) Beginning with the 2005-2006 school year, grade three class size shall be not more than twenty-five students per teacher;

(2) Beginning with the 2006-2007 school year, grade four class size shall be not more than twenty-five students per teacher; and

(3) Beginning with the 2007-2008 school year, grade five class size shall be not more than twenty-five students per teacher.

The department shall plan and budget for future classroom expansion and construction to accommodate this policy. Initially, the department shall be prepared to address the challenge creatively until the new construction has been completed.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $        , or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to phase in the reduction of class size in all public elementary schools grade three, grade four, and grade five classes to twenty-five students per teacher, over the next three years beginning with school year 2005-2006.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $        , or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to reduce the ratio of students to teachers in kindergarten through grade two in public schools.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1, or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to hire part-time teachers, tutors, or both, for elementary public schools that need them; provided that no public elementary school shall receive more than $10,000 pursuant to this section.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $1, or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to hire part-time teachers, tutors, or both, in intermediate public schools that need them; provided that no public intermediate school shall receive more than $15,000 pursuant to this section.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $        , or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to hire additional part-time teachers, aides, or both, when the one-to-twenty-six ratio is exceeded in grades three to five in public schools.

SECTION 9. The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 10. This Act shall take effect on July 1, 2005.