THE SENATE

S.B. NO.

848

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to higher education.

 

 

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

 


SECTION 1. The legislature finds that Hawaiian is an official language of the State, and the legislature has a unique responsibility to assure that opportunities are available to use and study the Hawaiian language. Over the past three decades, the legislature has carried out this responsibility through forming the basis of the current system of preschool through doctoral level education in Hawaiian.

Leadership from the legislature began in 1986 with removal of a barrier to use Hawaiian as a medium of education. Shortly thereafter, the legislature mandated the creation of a Hawaiian language center to produce Hawaiian medium educational materials and teacher support and a bachelor's degree administered through Hawaiian. Then, in 1997, the legislature required that a Hawaiian language college be built that include additional degrees related to Hawaiian. Before the legislature took action, less than fifty children in the State were proficient in Hawaiian. Today, U.S. Census data indicates Hawaiian is the largest non-English language spoken in Hawaii among children ages five to seventeen, many of whom include over three thousand students from preschool through twelfth grade that are enrolled in schools that predominantly teach Hawaiian language and culture.

The legislature finds that S.R. No. 97, S.D. 1, regular session 2015 initiated the creation of a working group to consider restructuring the Hawaiian language college to best serve the needs of the State, and to examine the expansion of the Hawaiian language instruction throughout the University of Hawaii system and the role of the Hawaiian language college in such systemwide expansion. One of the issues presented to the working group was that the existing structure of the University of Hawaii system, which mirrors the structure of English language medium sized institutions of higher education, is not optimal for a state with two official languages. The working group submitted a report with recommendations to the legislature, including the creation of an indigenous university college model to assist with streamlining and maximizing the use of scarce financial, human, and time resources.

The legislature recognizes that 2017 represents the twentieth anniversary of its passage of legislation mandating the establishment of the Hawaiian language college, which provided key support for Hawaiian language medium education. The recently constructed building of the Hawaiian language college provides an opportunity for the college to expand its services and reach, and to establish itself as an international leader and innovator in indigenous language medium education. The legislature also recognizes, however, that in order to continue addressing the challenges of revitalizing the Hawaiian language and expanding its reach, the Hawaiian language college must be granted greater governing autonomy.

The purpose of this Act is to create the Hawaiian language university college and transfer the University of Hawaii at Hilo Hawaiian language college's rights, duties, powers, and functions to the Hawaiian language university while maintaining some shared functions between the two entities, thus establishing an indigenous university college model for Ka Haka Ula o Keelikōlani.

SECTION 2. Chapter 304A, part IV, subpart C, Hawaii Revised Statutes, is amended to read as follows:

"C. Hawaiian Language University College

[[]304A-1301[]] Hawaiian language university college; establishment. (a) There shall be a Hawaiian language university college [at] that shall be an autonomous entity within the University of Hawaii system; provided that it shall share courses, facilities, students, administrators, faculty, and other resources with the University of Hawaii at Hilo[. The college shall provide a Hawaiian liberal education program providing education primarily through the Hawaiian language.] to establish a distinctively indigenous university college model.

(b) The Hawaiian language university college shall be internally administered primarily through the Hawaiian language, operate year round, and offer and administer a variety of programs and qualifications. The programs of the university college shall be offered primarily through the Hawaiian language and may be offered worldwide and on through electronic means.

[[]304A-1302[]] Functions. In addition to providing a quality education primarily through the medium of the Hawaiian language, the Hawaiian language university college shall:

(1) Provide an indigenous and minority language outreach program to involve indigenous and minority language scholars and to maintain and develop the program's Polynesian language database;

(2) Provide a Hawaiian medium teacher training program incorporating Nawahiokalaniopuu school and other schools, as appropriate, as laboratory schools; [and]

(3) Maintain a Hawaiian language support center with educational specialists in the areas of research, curriculum development, assessment development and implementation, dictionary and other reference material development, language development, archival work, and educational technology[.];

(4) Provide a specially facilitated general education, dual enrollment, and shared courses and programs pathways through the medium of Hawaiian language to serve students on state high school and college campuses, using technology as appropriate;

(5) Develop, pilot, and disseminate other distinctive pathways, procedures, and rules that provide for the support and use of the Hawaiian language and other endangered languages, including use of such language in government functions; and

(6) Have the authority to develop agreements of cooperation and reciprocity with other educational entities, including agreements with other University of Hawaii campuses, to meet the requirements of section 304A-1301."

SECTION 3. All rights, powers, functions, and duties of the Hawaiian language college at the University of Hawaii at Hilo are transferred to the Hawaiian language university college established by section 2 of this Act.

All employees who occupy civil service positions and whose functions are transferred to the Hawaiian language university college by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority except as prescribed by applicable collective bargaining agreements, retention points, prior service credit, vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which they are transferred or appointed; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

Any employee who, prior to this Act, was exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. Any exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The president of the faculty senate of the Hawaiian language university college may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 4. The Hawaiian language university college established pursuant to section 2 of this Act shall be considered the same entity as the Hawaiian language college of the University of Hawaii at Hilo for the purposes of receiving any grants, awards, or funding that has been awarded to the Hawaiian language college of the University of Hawaii at Hilo prior to the effective date of this Act.

SECTION 5. By the end of the 2017-2018 academic year, the faculty senate of the Hawaiian language university college established pursuant to section 2 of this Act and the chancellor of the University of Hawaii at Hilo shall enter into a memorandum of agreement determining the details of the shared operations and administration between the Hawaiian language university college and the University of Hawaii at Hilo. The memorandum of agreement may be amended as agreed upon by the faculty senate of the Hawaiian language university college and the chancellor of the University of Hawaii at Hilo.

Upon execution of the memorandum of agreement, the Hawaiian language university college shall give priority attention to programs and qualifications that directly serve and provide resources to preschool through high school students being educated through Hawaiian, as well as their parents and other adults affiliated with schooling through Hawaiian.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hawaiian Language College; University of Hawaii at Hilo; Hawaiian Language University College

 

Description:

Establishes the Hawaiian language university college as an autonomous entity within the University of Hawaii system to be located at the University of Hawaii at Hilo. Implements an indigenous university college model by transferring the University of Hawaii at Hilo Hawaiian language college's rights, duties, powers, and functions to the Hawaiian language university college. Mandates the Hawaiian language university college and University of Hawaii at Hilo to enter into a memorandum of agreement by the end of the 2017-2018 academic year to establish shared operations and administration.

 

 

 

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