Report Title:

Schools; Reconstitution

 

Description:

Allows the Superintendent of Education to reconstitute a public school, except a charter school, which has been in restructuring for four or more school years and not advanced significantly toward improving academic performance as determined by a statistical analysis of academic data. Also allows the Superintendent to recommend to the charter school review panel actions that should be taken to reconstitute a charter school which has been in restructuring for three or more school years, and recommend that the charter school review panel revoke the charter school's charter. (HB172 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

172

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO RECONSTITUTING SCHOOLS.

 

 

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

 


SECTION 1. Public schools, including charter schools, which have been in restructuring for four or more years and which have not advanced significantly toward improving academic performance, should be reconstituted using extraordinary measures. Dramatic steps must be taken to ensure that our students make adequate academic progress.

The purpose of this Act is to allow the superintendent of education to:

(1) After certain considerations have been made, reconstitute a public school, except a charter school, which has been in restructuring for four or more school years and has not advanced significantly toward improving academic performance as determined by a statistical analysis of academic data; and

(2) Recommend to the charter school review panel actions that should be taken to reconstitute a charter school, which has been in restructuring for four or more school years, and recommend that the charter school review panel revoke the charter school's charter.

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

"302A-    Reconstituting schools. (a) The superintendent may, notwithstanding collective bargaining agreements, memorandums of agreement, or memorandums of understanding, reconstitute a public school, except a charter school, which has been in restructuring as defined by the No Child Left Behind Act of 2001, Public Law 107-110, for four or more school years and has not advanced significantly toward improving academic performance as determined by a statistical analysis of academic data; provided that considerations have been made for the following:

(1) Student proficiency in reading and math in the period during which the school is in restructuring;

(2) Interventions and other programs being used by the school to address student proficiency;

(3) The number of highly-qualified or effective teachers at the school;

(4) Professional development being conducted at the school;

(5) Input from school faculty and staff, complex specialists, and state office program specialists; and

(6) Input from the school community council;

provided further that the superintendent has made a recommendation to the board to reconstitute the school, taking into consideration the recommendation of the complex area superintendent, if any.

(b) In reconstituting a public school, the superintendent may take actions that include:

(1) Replacing all or most staff, including teachers, principals, and other support staff;

(2) Entering into contracts with private entities to manage schools; and

(3) Changing the membership of the school community council.

(c) The department shall negotiate with the respective unions the process of reassigning employees of the school to be reconstituted, to other positions within the department for which the employees are qualified.

(d) The department shall follow the current hiring and recruiting procedures for all qualified employees to be employed at the reconstituted school.

(e) The superintendent may recommend to the charter school review panel actions that should be taken to reconstitute a charter school, which has been in restructuring as defined by the No Child Left Behind Act of 2001, Public Law 107-110, for four or more school years, and may recommend that the charter school review panel revoke the charter school's charter.

(f) The board of education shall adopt rules pursuant to chapter 91 as may be necessary to implement this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2009.