H.B. NO.



H.D. 2
















     SECTION 1.  The legislature finds that existing law authorizes the board of education to set the salary of the superintendent of education, but the salary cannot exceed a specific amount, referred to as a salary cap.

     The legislature further finds that it is a challenge to recruit and fill this state leadership position because the statutory salary cap is not in alignment with national salary norms and therefore is not competitive with or in the range of the salaries of other similar administrative leadership positions at comparable school districts.

     The legislature further finds that the statute governing the superintendent's salary has not been amended since 2000 and that the salary cap should be revised as a matter of equity, to account for cost of living increases.

     Amending the current salary cap for the superintendent of education was based on a review of the mean salary of all superintendents across the country, the average annual cost of living increases indicated by the consumer price index, and the majority of superintendents' salaries across the country with student enrollment greater than twenty-five thousand.  Hawaii's public schools enroll approximately 185,000 students.

     The amendment to the salary cap will also provide the board of education with the flexibility it needs to attract and retain individuals to support a strong statewide public education system and the authority and latitude to establish the salary of this leadership position commensurate with various factors, including the breadth of responsibilities and duties of the position, the experience and skills the individual brings to the position, and the job performance of the individual.

     The purpose of this Act is to provide the board of education, as the appointing body of the superintendent, with more flexibility to establish the salary of the superintendent, by raising the salary cap.

     SECTION 2.  Section 26-52, Hawaii Revised Statutes, is amended to read as follows:

     "§26-52  Department heads and executive officers.  The salaries of the following state officers shall be as follows:

     (1)  The salary of the superintendent of education shall be set by the board of education at a rate no greater than [$150,000] $250,000 a year;

     (2)  The salary of the president of the University of Hawaii shall be set by the board of regents;

     (3)  Effective July 1, 2004, the salaries of all department heads or executive officers of the departments of accounting and general services, agriculture, attorney general, budget and finance, business, economic development, and tourism, commerce and consumer affairs, Hawaiian home lands, health, human resources development, human services, labor and industrial relations, land and natural resources, public safety, taxation, and transportation shall be as last recommended by the executive salary commission.  Effective July 1, 2007, and every six years thereafter, the salaries shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature; and

     (4)  The salary of the adjutant general shall be $85,302 a year.  Effective July 1, 2007, and every six years thereafter, the salary of the adjutant general shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless rejected by the legislature, except that if the state salary is in conflict with the pay and allowance fixed by the tables of the regular army or air force of the United States, the latter shall prevail."

     SECTION 3.  Section 302A-1101, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1101  Department of education; board of education; superintendent of education.  (a)  There shall be a principal executive department to be known as the department of education, which shall be headed by a policy-making board to be known as the board of education.  The board shall have power in accordance with law to formulate statewide educational policy, adopt student performance standards and assessment models, monitor school success, and appoint the superintendent of education as the chief executive officer of the public school system.

     (b)  The board shall appoint, and may remove, the superintendent by a majority vote of its members.  The superintendent:

     (1)  May be appointed without regard to the state residency provisions of section 78-1(b);

     (2)  May be appointed for a term of up to four years; and

     (3)  May be terminated only for cause.

     (c)  The board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board, who shall serve for a two-year term without compensation.  As the liaison to the board, the military representative shall advise the board regarding state education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel.  The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, regulations, and policies and may be removed only for cause by a majority vote of the members of the board.

     (d)  The board shall appoint the state public charter school commission which shall serve as the statewide charter authorizer for charter schools, with the power and duty to issue charters, oversee and monitor charter schools, hold charter schools accountable for their performance, and revoke charters.

     (e)  Notwithstanding any law to the contrary, the board shall consider the option to withhold or alter the benefits package of the superintendent, who is exempt from chapter 76, in exchange for a salary that exceeds the level of the salary received by civil service employees, who are entitled to benefits under chapter 76.  The benefits to be considered may include vacation days, sick leave, health benefits, and retirement benefits.

     (f)  The board shall submit a report to the legislature no later than twenty days prior to the convening of the regular session following each instance in which it adjusts the superintendent's salary.  The report shall include whether the board exercised its power to consider the option to withhold or alter the benefits package of the superintendent under subsection (e) and its rationale for maintaining or adjusting the superintendent's benefits package."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2030.



Report Title:

Board of Education; Superintendent's Salary



Adjusts the salary cap of the Superintendent of Education.  Allows the Board of Education to consider altering the Superintendent's benefits package. Requires the Board to submit a report to the Legislature each time it alters the Superintendent's salary.  Effective July 1, 2030.  (HB2257 HD2)




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