HOUSE OF REPRESENTATIVES

H.B. NO.

248

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EDUCATION.

 

 

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

 


PART I

SECTION 1. The legislature finds that the school food services branch of the department of education has experienced multiple problems over the last two decades. Among other issues, the branch has not met the requirements of the United States Department of Agriculture and has failed multiple audits.

The legislature further finds that the State has established ambitious farm to school goals. Act 175, Session Laws of Hawaii 2021, requires thirty per cent of food served in public schools to consist of locally sourced products by 2030.

The legislature further finds that the superintendent of education, deputy superintendent of operations, and assistant superintendent for the office of facilities and operations are responsible for achieving the goals of the farm to school program. However, there is currently no mechanism in place to align the work done at the complex area to achieve these goals with the work done at individual schools. Moreover, except for a plan to centralize food production kitchens, the department of education has not yet produced a plan to create alignment between the different levels within the department. Notably, the plan to centralize food production was done without either an analysis of the costs and benefits of this structural shift or a comprehensive plan outlining changes in production, distribution, use of labor, and impact on local transportation.

The legislature also finds that, despite being responsible for the implementation of the farm to school goals, the superintendent of education, deputy superintendent of operations, and assistant superintendent for the office of facilities and operations do not have direct control over school production kitchens. No matter what model of food production is ultimately adopted, school production kitchens will continue to have a major role due to the devolution of authority to the school level effectuated by Act 51, Session Laws of Hawaii 2004.

The legislature specifically notes that principals directly hire cafeteria managers, but that these cafeteria managers do not have the authority to create regionalized menus or procure products from local farmers. The State's farm to school goals also do not involve school principals in a meaningful way because the collective bargaining agreement that covers principal performance requires principals to be evaluated using the comprehensive evaluation system for school administrators, which does not evaluate whether a principal's school has increased the school's use of local, fresh, and nutritious food sources in student meals.

The legislature finds that one way to realign state goals and lines of responsibility and authority is to devolve the responsibility for the attainment of farm to school goals from the system level to the complex area level. Under this reorganization, complex area superintendents, who have direct supervisorial control over principals and determine principal career pathways, can provide appropriate oversight and collect data necessary to monitor a school's progress in meeting farm to school goals. This devolution will also contribute positively to the effective regionalization of school menus and improve the ability of each complex area to work with and purchase from local farmers.

Currently, there are approximately twelve school cafeteria supervisors who, despite working at the school level, are part of the State's highly centralized school food authority structure. The legislature finds that it is desirable to increase the total number of these positions and require individuals in these positions to report to the complex area superintendents. This will provide complex area superintendents direct authority over the outcomes in the school production kitchens within their complex areas. Complex area superintendents will be able to directly supervise and direct the work of school cafeteria supervisors, who will still coordinate with two cafeteria supervisors working at the system level to coordinate operations across the State and compile reporting from the complex areas.

The legislature further finds that this reorganization would redefine the role of school cafeteria supervisors and require them to take on a more active and engaged role in the farm to school shift. Accordingly, it would be appropriate for the department of human resources development to conduct a compensation review to ensure that the compensation of school cafeteria supervisors accurately reflects their scope of responsibilities.

The purpose of this Act is to:

(1) Require the farm to school program and farm to school meals program, established by Act 175, Session Laws of Hawaii 2021, to be fully implemented by the 2024-2025 school year;

(2) Empower complex area superintendents to implement the farm to school program and farm to school meals program;

(3) Require certain school cafeteria supervisors to report directly to complex area superintendents;

(4) Create, define the scope of, and appropriate moneys for additional cafeteria supervisor positions; and

(5) Require the department of human resources development to conduct a compensation review of school cafeteria supervisor positions.

PART II

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

"302A- Farm to school program; farm to school meals; implementation. Notwithstanding any other law, rule, or policy to the contrary, complex area superintendents shall have the authority to implement the farm to school program and farm to school meals program, pursuant to sections 302A-405.5 and 302A‑405.6, within their respective complex area schools. Each complex area superintendent shall:

(1) Have oversight over complex area school production kitchens and principals in the implementation of the farm to school and farm to school meals programs;

(2) Supervise and direct the work of school cafeteria supervisors who work within the complex area;

(3) Oversee the procurement of produce from local farmers and the creation of regionalized menus using that produce;

(4) Collect data on the implementation of the farm to school and farm to school meals programs, which shall be reported to school cafeteria supervisors employed at the system level; and

(5) Have any other power necessary or convenient to implement the farm to school and farm to school meals programs."

SECTION 3. (a) The department of education shall fully implement the farm to school program and the farm to school meals program, pursuant to sections 302A-405.5 and 302A-405.6, Hawaii Revised Statutes, no later than the 2024-2025 school year.

(b) The department of education shall submit reports of its progress in complying with this section to the legislature no later than twenty days prior to the convening of the regular sessions of 2024, 2025, and 2026.

PART III

SECTION 4. Notwithstanding any other law to the contrary, any school cafeteria supervisor who currently works at the school level shall report directly to the complex area superintendent to which the school belongs.

SECTION 5. All officers and employees whose functions are transferred by this part shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this part, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 6. There are established within the department of education five full-time equivalent (5.0 FTE) permanent school cafeteria supervisor positions, who shall have the duties and responsibilities described in section 7.

SECTION 7. The school cafeteria supervisor positions transferred by section 4 and established by section 6, among other responsibilities, shall:

(1) Be based at the school level;

(2) Report directly to a complex area superintendent;

(3) Coordinate with school cafeteria supervisors working at the system level to implement the farm to school and farm to school meals programs; and

(4) Be responsible for the outcomes of their respective complex area school production kitchens.

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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to establish five full-time equivalent (5.0 FTE) permanent school cafeteria supervisor positions pursuant to section 6 of this part.

The sums appropriated shall be expended by the department of education for the purposes of this part.

PART IV

SECTION 9. (a) The department of human resources development shall review the existing classification and compensation schedules for school cafeteria supervisors. In conducting this review, the department of human resources development shall consider the additional responsibilities assigned to these positions by this Act.

(b) The department of education and any other relevant agency shall cooperate with the department of human resources development in providing the information and data necessary to fulfill the purposes of this section.

(c) No later than twenty days prior to the convening of the regular session of 2024, the department of human resources development shall submit a report to the legislature recommending modifications to the classification and compensation schedules reviewed pursuant to subsection (a) that more accurately reflect the critical duties and responsibilities of these positions.

PART V

SECTION 10. New statutory material is underscored.

SECTION 11. This Act shall take effect on July 1, 2023.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

DOE; Farm to School Program; Farm to School Meals; Implementation; Complex Area Superintendents; DHRD; Compensation Review; Appropriation

 

Description:

Requires the Department of Education to fully implement the farm to school program and farm to school meals program by the 2024‑2025 school year. Provides that complex area superintendents have the authority to implement the farm to school and farm to school meals programs. Requires certain school cafeteria supervisors to report directly to complex area superintendents. Establishes school cafeteria supervisor positions. Requires the Department of Human Resources Development to conduct a compensation review of school cafeteria supervisor positions. Appropriates moneys.

 

 

 

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