§302A-123  Board of education; terms.  (a)  The governor shall set the terms of the members initially appointed to the board under section 21 of Act 5, Session Laws of Hawaii 2011, as follows:

     (1)  Three members shall serve one-year terms;

     (2)  Three members shall serve two-year terms; and

     (3)  Three members, including the chairperson, shall serve three-year terms.

     (b)  The term of each member shall be three years, except as provided for in the initial appointment in subsection (a).  Notwithstanding any law to the contrary, members shall serve no more than three consecutive three-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to subsection (a) may be reappointed to three ensuing consecutive three-year terms.  If a member is nominated to a second or subsequent consecutive term, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the expiration of the member's immediately preceding term; provided that if the senate has not taken final action to reconfirm the member by the one hundred twenty-day deadline, the member shall continue to serve until the senate takes final action on the reconfirmation.

     (c)  The term of the student representative shall be one year.  The student representative may be selected for one additional consecutive term; provided that the student representative shall be a student at the time of selection and shall be a student for the majority of that term.

     (d)  Every member may serve beyond the expiration date of the member's term of appointment until the member's successor has been appointed by the governor and confirmed by the senate in accordance with sections 302A-121, 302A-126, and 302A-127. [L 2011, c 5, pt of §2; am L 2014, c 17, §1]

Attorney General Opinions

  This statute, providing that a holdover member shall serve until a successor has been "appointed by the governor and confirmed by the senate", is constitutional; the state constitution explicitly grants the legislature the authority to regulate the board in this manner.  Att. Gen. Op. 16-3.