HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE BOARD OF EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 302A-1106.5, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1106.5 Board of education;
meetings.] forums. [ The board
shall hold not less than one community meeting annually in each county in] In
addition to their regular meetings, the board shall hold no less than six
community forums annually to discuss and receive input from the community
on public education and public library issues[ .]; provided that the
board shall hold at least one community forum in each county. The board
chairperson shall designate board members to attend [ the] each community
[ meetings.] forum. These community [ meetings] forums
shall not be held for the purpose of formulating educational policy. The
community [ meetings] forums shall be [ exempt from sections 92-2.5,
92-7, 92-9, and 92-41; provided that the board shall give written public notice
of each community meeting. The meeting notice shall indicate the date, time,
and place of the meeting, and shall be filed in the office of the lieutenant governor
and in the board's office for public inspection six calendar days before the
meeting. The notice shall also be posted at the site of the meeting.] a
permitted interaction under section 92-2.5; provided that:
(1) The board shall give written public notice that indicates the date, time, and place of each community forum; provided that the notice shall be subject to the same posting and filing requirements of board meeting notices, pursuant to section 92-7(b);
(2) Community forums shall be open to the public and all persons shall be permitted to attend; provided that the removal of any person or persons who wilfully disrupts a community forum to prevent and compromise the conduct of the community forum shall not be prohibited;
(3) The board shall afford all interested persons an opportunity to submit data, views, or arguments, in writing or in person, on any public education or public library issue at each community forum;
(4) No commitment relating to a vote on a matter is made or sought at any community forum; and
(5) At the next duly noticed meeting of the board, the board members shall report their attendance and the matters presented and discussed at each community forum."
SECTION 2. At any public meeting properly noticed pursuant to chapter 92, Hawaii Revised Statutes, the board of education shall include an open forum at the end of its meeting agenda to afford all interested persons an opportunity to present oral testimony on any matter not on the agenda; provided that the testimony is related to matters over which the board of education has supervision, control, jurisdiction, or advisory power.
SECTION 3. The board of education shall report to the legislature no later than twenty days prior to the convening of the regular session of 2022 on its efforts to amend its policies to include an open forum at the end of its meeting agenda to afford all interested persons an opportunity to present oral testimony on any matter not on the agenda.
SECTION 4. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:
(1) For bargaining units (1), (2), (3), (4), (9), (10), (13), (14), and (15), the governor shall have six votes and the mayors, the chief justice, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;
(2) For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;
(3) For bargaining units (5) and (6), the governor
shall have three votes[
,] and the board of education shall have two
votes[ , and the superintendent of education shall have one vote]; and
(4) For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.
Any decision to be reached by the applicable
employer group shall be [
on the basis of] by a simple majority[ ,]
vote, except when a bargaining unit includes county employees from more
than one county. In that case, the simple majority shall include at least one
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Board of Education; Public Meetings; Oral Testimony; Community Forums; Collective Bargaining; Voting
Requires the board of education to hold no less than six community forums annually, with at least one forum in each county. Requires the board to include an open forum for public comments on non-agenda items. Requires a report to the legislature on implementing open forums. Eliminates the superintendent of education as a voting member constituting the public employer for the purpose of negotiating a collective bargaining agreement with personnel of the department of education. Effective 7/1/2050. (Proposed SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.