REPORT TITLE:
School-to-Work Pilot Project


DESCRIPTION:
Transfers the administration and supervision of the school-to-
work opportunities pilot project from the Hawaii school-to-work
opportunities executive council to the DOE.  Makes the Hawaii
school-to-work opportunities executive council an advisory body
to the BOE.  (HB522 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        522
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE SCHOOL-TO-WORK OPPORTUNITIES PILOT PROJECT.



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

 1      SECTION 1.  Act 343, Session Laws of Hawaii 1997, is amended
 
 2 by amending sections 1 and 2 to read as follows:
 
 3      "SECTION 1.  The legislature finds that Hawaii and the rest
 
 4 of the states are undertaking a major initiative that involves
 
 5 reforming education, developing its workforce, and stimulating
 
 6 economic development.  The states are attempting to create a
 
 7 school-to-work system that all major industrialized countries
 
 8 have in place except for the United States.  To help accomplish
 
 9 this, Congress enacted the School-to-Work Opportunities Act of
 
10 1994, P.L. 103-239.  Hawaii will receive $10,200,000 over a five-
 
11 year period to build a school-to-work system.
 
12      Building a school-to-work opportunities system is a
 
13 difficult and enormous undertaking.  It requires systemic change
 
14 and involvement of all segments of the community in the effort,
 
15 particularly business, industry, and labor.  Moreover, it must
 
16 involve all of education from kindergarten to postsecondary
 
17 education, all academic and vocational disciplines, and all
 
18 students.
 
19      The purpose of this Act is to establish a school-to-work
 
20 opportunities system in Hawaii[, including the mechanism for
 

 
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                                     H.B. NO.           H.D. 1        
                                                        
                                                        

 
 1 governance, management, and distribution of federal and state
 
 2 resources].
 
 3      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 
 4 amended by adding a new part to be appropriately designated and
 
 5 to read as follows:
 
 6            "PART    . [SCHOOL TO WORK] SCHOOL-TO-WORK
 
 7                    OPPORTUNITIES PILOT PROJECT
 
 8      §302A-   Hawaii school-to-work opportunities [executive]
 
 9 advisory council; establishment; composition.(a)  There is
 
10 established [a] within the department for administrative purposes
 
11 the Hawaii school-to-work opportunities [executive] advisory
 
12 council.  The members of the advisory council shall be appointed
 
13 by the governor.  The advisory council shall consist of [up to,
 
14 but] not more than[,] twenty-one members.  [Council] The advisory
 
15 council's membership shall consist of six executive heads of
 
16 state agencies, the superintendent [of the department of
 
17 education], the president of the University of Hawaii, the state
 
18 director of vocational education, and the directors of the
 
19 departments of business, economic development and tourism, human
 
20 services, and labor and industrial relations, serving as ex
 
21 officio voting members.  Representatives from local or regional
 
22 partnerships, a student member, and a voting majority
 
23 representing business, industry, labor, and community
 

 
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                                     H.B. NO.           H.D. 1        
                                                        
                                                        

 
 1 organizations, which include regional representations from all
 
 2 the counties, shall be appointed [pursuant to section 26-34.] to
 
 3 the advisory council.
 
 4      The [length of service for] terms of the [directors of
 
 5 departments of the State] heads of state agencies represented on
 
 6 the advisory council shall be limited to the terms of their
 
 7 cabinet appointments.  The terms of all heads of non-state
 
 8 [agency head members] agencies represented on the advisory
 
 9 council shall be for three years, commencing on July 1 of the
 
10 first year and ending on June 30, of the third year.  Terms shall
 
11 be staggered with one-third of the members being appointed in
 
12 each fiscal year.
 
13      (b)  Vacancies shall be filled by the governor for the
 
14 unexpired term.  The governor shall appoint as chairperson of the
 
15 advisory council a member other than the head of a state agency
 
16 [head], who shall be recommended by the council.
 
17      (c)  The [council] members of the advisory council shall
 
18 serve without pay but shall be entitled to their traveling
 
19 expenses within the State when attending meetings of the council
 
20 or when actually engaged in business relating to the work of the
 
21 council.
 
22      §302A-   [Powers] Duties of the advisory council.  The
 
23 [powers] duties of the Hawaii school-to-work opportunities
 

 
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                                     H.B. NO.           H.D. 1        
                                                        
                                                        

 
 1 [executive] advisory council shall include[, but not be limited
 
 2 to:] providing advice to the board and the department on such
 
 3 matters as:
 
 4      (1)  Establishing and setting the general directions and
 
 5           policy for the Hawaii school-to-work opportunities
 
 6           system, [its] the advisory council, and the executive
 
 7           director;
 
 8      (2)  Appointing, supervising[,] and, if necessary,
 
 9           discharging the executive director[, not subject to
 
10           chapters 76 and 77];
 
11      (3)  Establishing [rules] policies and procedures regarding
 
12           [its] the advisory council's membership and operations;
 
13      (4)  Approving expenditure plans and [award
 
14           grants/contracts;] awarding grants and contracts;
 
15      (5)  [Ratifying the establishment of all necessary]
 
16           Establishing standing and ad hoc advisory committees;
 
17           and
 
18      (6)  Engaging in such activities as may be necessary or
 
19           desirable to implement the functions of the School-to-
 
20           Work Opportunities Act of 1994, [and of] the advisory
 
21           council [or through delegation to], and the executive
 
22           director.
 

 
 
 
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                                     H.B. NO.           H.D. 1        
                                                        
                                                        

 
 1      §302A-   Staff.  (a)  The department shall employ an
 
 2 executive director for the school-to-work opportunities pilot
 
 3 project, without regard to chapters 76 and 77, to carry out the
 
 4 purposes of this part.
 
 5      (b)  The [Hawaii school-to-work opportunities executive
 
 6 council] department may [appoint] employ such other staff as may
 
 7 be deemed necessary, [not subject] without regard to chapters 76
 
 8 and 77, to carry out [its functions and duties.  The staff of the
 
 9 council shall report to the executive director.] the purposes of
 
10 this part.
 
11      §302A-   Contracts.  The [Hawaii school-to-work
 
12 opportunities executive council or its executive director]
 
13 department may make, execute, enter into, amend, supplement, and
 
14 carry out contracts, and all other instruments the [council]
 
15 department finds are necessary or convenient [for the fulfillment
 
16 of its functions and duties.] to carry out the purposes of this
 
17 part.
 
18      §302A-   Organizational relationships.  The Hawaii school-
 
19 to-work opportunities [executive] advisory council shall act as
 
20 the [governing] advisory board for the school-to-work system.
 
21 [The Hawaii school-to-work opportunities council and staff shall
 
22 be placed within the department of education for administrative
 
23 purposes.]"
 

 
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                                     H.B. NO.           H.D. 1        
                                                        
                                                        

 
 1      SECTION 2.  All rights, powers, functions, and duties of the
 
 2 Hawaii school-to-work opportunities executive council are
 
 3 transferred to the department of education.
 
 4      All officers and employees whose functions are transferred
 
 5 by this Act shall be transferred with their functions and shall
 
 6 continue to perform their regular duties upon their transfer,
 
 7 subject to the state personnel laws and this Act.
 
 8      No officer or employee of the State having tenure shall
 
 9 suffer any loss of salary, seniority, prior service credit,
 
10 vacation, sick leave, or other employee benefit or privilege as a
 
11 consequence of this Act, and such officer or employee may be
 
12 transferred or appointed to a civil service position without the
 
13 necessity of examination; provided that the officer or employee
 
14 possesses the minimum qualifications for the position to which
 
15 transferred or appointed; and provided that subsequent changes in
 
16 status may be made pursuant to applicable civil service and
 
17 compensation laws.
 
18      In the event that an office or position held by an officer
 
19 or employee having tenure is abolished, the officer or employee
 
20 shall not thereby be separated from public employment, but shall
 
21 remain in the employment of the State with the same pay and
 
22 classification and shall be transferred to some other office or
 
23 position for which the officer or employee is eligible under the
 

 
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                                     H.B. NO.           H.D. 1        
                                                        
                                                        

 
 1 personnel laws of the State as determined by the head of the
 
 2 department or the governor.
 
 3      Any incumbent officer or employee of the State who does not
 
 4 have tenure and who may be transferred or appointed to a civil
 
 5 service position as a consequence of this Act, shall be granted
 
 6 regular civil service status without loss of seniority, prior
 
 7 service credit, vacation, sick leave, or other employee benefits,
 
 8 and without the necessity of examination; provided they possess
 
 9 the minimum qualifications for the class to which their positions
 
10 are assigned.  The pay rate of non-tenured employees affected by
 
11 this Act shall be determined in the same manner as the pay rate
 
12 of other civil service employees in comparable positions with the
 
13 same length of service.  Any officer or employee converted by
 
14 this Act shall have performed work satisfactorily in the position
 
15 for a period of not less than six months prior to the effective
 
16 date of this Act.
 
17      All appropriations, records, equipment, machines, files,
 
18 supplies, contracts, books, papers, documents, maps, and other
 
19 personal property heretofore made, used, acquired, or held by
 
20 Hawaii school-to-work opportunities executive council relating to
 
21 the functions transferred to the department of education shall be
 
22 transferred with the functions to which they relate.
 

 
 
 
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                                     H.B. NO.           H.D. 1        
                                                        
                                                        

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect on July 1, 1999.