REPORT TITLE:
New Century Schools


DESCRIPTION:
(1)  Provides parents or guardians of a child access to screening
   for their child for psychological and physiological
   development between the child's second and third birthday.
   Requires DOH to plan and develop a screening tool.
(2)  Appropriates funds to develop an early childhood development
   and education center in the Kalihi area.
(3)  Requires the director of health, with the assistance of the
   superintendent of education, to establish and operate fewer
   than one school-based health center in each of the seven
   department school districts.  Provides different types of
   health services based on a student's ability to pay for
   these services.  Requires that a student produce a signed
   parental consent form to be eligible to receive most
   services.  Prohibits the performance of abortions at a
   center and the referral of students to abortion services.
   Holds a student financially responsible for services
   provided by a center without parental consent.
(4)  Defines new century schools with alternate educational
   programs.  Creates a process whereby existing public schools
   and new schools may be established as new century schools.
   States that current student-centered schools are to be
   designated as new century schools.  Repeals sections in
   302A, HRS, which deal with student-centered schools. (SB1501
   HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1501
THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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

 1                              PART I
 
 2      SECTION 1.  Recent studies have found that quality early
 
 3 child care and education services have a dramatic long-term
 
 4 effect on a child's ability to succeed in school, achieve
 
 5 economically, and avoid the criminal justice system.  Early child
 
 6 care also benefits the current work force as well, by affecting
 
 7 economic initiatives, productivity of workers, and the success of
 
 8 state welfare-to-work initiatives.  The legislature finds that it
 
 9 is important to create new opportunities for early childhood
 
10 development and education.
 
11      The legislature further finds that early childhood
 
12 development and education centers are particularly important in
 
13 low income neighborhoods, serving as a safe and nurturing place
 
14 where parents can meet to talk, volunteer their services, hold
 
15 regular meetings about school activities and curriculum, as well
 
16 as attend classes themselves.
 
17      The purpose of this part is to appropriate funds to develop
 
18 an early childhood development and education center for infants
 
19 and children up to four years of age in the Kalihi area of
 

 
Page 2                                                     1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 Honolulu.  In developing this center, the department of education
 
 2 shall draw on the partnerships already developed between
 
 3 Farrington high school, the University of Hawai`i college of
 
 4 education, VISTA tutors, partners from the community, private
 
 5 businesses, organizations, foundations, and parents.
 
 6      SECTION 2.  There is appropriated out of the general
 
 7 revenues of the State of Hawaii the sum of $      or so much
 
 8 thereof as may be necessary for fiscal year 1999-2000 to develop
 
 9 an early childhood education center for infants and children up
 
10 to four years of age in the Kalihi area of Honolulu.
 
11      The sum appropriated shall be expended by the department of
 
12 education for the purposes of this part.
 
13                              PART II
 
14      SECTION 3.  The legislature finds that recent research has
 
15 demonstrated that the early years of a child are most crucial in
 
16 a child's cognitive, emotional, social, and physical development.
 
17 Neuroscience research in early brain development as well as
 
18 studies in early child development affirm not only the tremendous
 
19 opportunities for prevention work with children and families, but
 
20 also the predictable, costly consequences of not doing so.  For
 
21 every $1 invested in early childhood education and care and early
 
22 intervention services for children birth to five years of age, it
 

 
 
 
Page 3                                                     1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 is estimated that $7 in later remediation and special education
 
 2 services may be saved.
 
 3      The legislature further finds that early screening,
 
 4 identification, and intervention for developmental delays and
 
 5 psychosocial problems improve children's outcomes, and have a
 
 6 critical influence on school success and family functioning.  The
 
 7 departments of health, education, and human services currently
 
 8 provide community health services and education for screening and
 
 9 assessment.  However, current resources are inadequate to make
 
10 these services available to all parents and some parents are
 
11 unaware of or do not take advantage of these services.  As a
 
12 result, their children may miss proper screening, evaluation and,
 
13 if needed, referrals and treatment.
 
14      The purpose of this part is to provide a means for early
 
15 childhood screening before a child reaches the age of three.
 
16      SECTION 4.  Chapter 321, Hawaii Revised Statutes, is amended
 
17 by adding a new section to be appropriately designated and to
 
18 read as follows:
 
19      "§321-     Early childhood screenings.  (a)  Between the
 
20 second and third anniversary of the child's birth, the parents or
 
21 guardians of the child may have access to have the child screened
 
22 for psychological and cognitive, language, motor, and behavioral
 

 
 
 
Page 4                                                     1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 or social-emotional development.  Screening and certification of
 
 2 screening may be provided by:
 
 3      (1)  The child's pediatrician;
 
 4      (2)  Any primary health care provider;
 
 5      (3)  The department of health; or
 
 6      (4)  The department of education.
 
 7      (b)  As part of the screening and certification process
 
 8 authorized by subsection (a), the department of health, the
 
 9 department of education, the child's physician, or primary
 
10 healthcare provider may:
 
11      (1)  Provide information and referrals of programs and
 
12           services to help remediate any developmental problems
 
13           revealed by the screening;
 
14      (2)  Inform all parents and guardians of their
 
15           responsibilities with respect to ensuring that their
 
16           child's psychological and physiological development is
 
17           progressing satisfactorily;
 
18      (3)  Provide assistance and advice to parents and guardians
 
19           in meeting those responsibilities;
 
20      (4)  Provide additional screenings, assessments, or
 
21           referrals as deemed necessary; and
 

 
 
 
 
 
Page 5                                                     1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (5)  Use a standardized screening instrument and referral
 
 2           protocol as jointly developed by the departments of
 
 3           health, education, and human services, the University
 
 4           of Hawaii, and the American Academy of Pediatrics."
 
 5      SECTION 5.  (a)  The department of health, in conjunction
 
 6 with the departments of education and human services, the
 
 7 University of Hawaii, and the American Academy of Pediatrics,
 
 8 shall plan and develop:
 
 9      (1)  Standardized screening for the psychological and
 
10           physiological development of a child between two and
 
11           three years of age, which includes but is not limited
 
12           to:
 
13           (A)  Cognitive development;
 
14           (B)  Language development;
 
15           (C)  Motor development; and
 
16           (D)  Behavioral or social-emotional development;
 
17      (2)  Access to screening by a pediatrician or primary care
 
18           physician or other health care of child development
 
19           professional approved by the department of health;
 
20      (3)  Means to certify that a child has been screened by the
 
21           child's third birthday; and
 

 
 
 
 
 
Page 6                                                     1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (4)  A plan that includes benchmarking and time limits to
 
 2           achieve universal screening, including identification
 
 3           of populations most "at risk" to be targeted initially.
 
 4      (b)  The standardized screening and referral protocol shall
 
 5 be developed by June 30, 2000.
 
 6      SECTION 6.  There is appropriated out of the general
 
 7 revenues of the State of Hawaii the sum of $      or so much
 
 8 thereof as may be necessary for fiscal year 1999-2000 to develop
 
 9 the standardized screening and referral protocol provided for in
 
10 this part.
 
11      The sum appropriated shall be expended by the department of
 
12 health for the purposes of this part.
 
13                             PART III
 
14      SECTION 7.  Children require access to health care to
 
15 maintain good health.  When they become sick or are injured, most
 
16 children have access to a health care professional.  However, too
 
17 many children in the United States, particularly those from poor
 
18 families, are at risk for multiple health problems.  Poor
 
19 children may experience two to three times the usual incidence
 
20 for certain medical conditions, many of which are preventable.
 
21 The most common health problems affecting children today include
 
22 injuries, chronic illnesses such as asthma, and mental health
 

 
 
 
Page 7                                                     1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 problems.  In addition, children are now engaging more frequently
 
 2 in risky behaviors that may lead to health problems, including
 
 3 smoking, binge drinking, and unsafe sex.
 
 4      The number of children at risk for poor health has increased
 
 5 as children have lost access to care because their parents have
 
 6 lost their health insurance.  Currently, about sixteen per cent,
 
 7 or eleven million, of America's children are uninsured.  Even for
 
 8 children who do have health insurance, barriers to health care
 
 9 exist.  For example, parents may be unable to miss work to take
 
10 their child to see a doctor.  In many low-income communities,
 
11 health care facilities are few and often inadequate.
 
12      The purpose of this part is to provide adolescents with
 
13 access to quality, affordable health care in an environment that
 
14 is familiar, nonthreatening and encouraging through school-based
 
15 health centers.  These centers would also provide access to
 
16 mental health services in a nonthreatening and non-stigmatizing
 
17 place, since services would be provided as part of a broad array
 
18 of services.  The school-based health centers can play a
 
19 strategic role in the delivery of school-based mental health
 
20 assessments, intake, referrals, and services as required by the
 
21 Felix v.Cayetano consent decree.
 

 
 
 
 
 
Page 8                                                     1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      SECTION 8.  Definitions.  As used in this part, unless the
 
 2 context otherwise requires:
 
 3      "Parent" includes a parent, custodian, or guardian.
 
 4      "Records" include the results of laboratory screenings and
 
 5 tests.
 
 6      "Student" means a person enrolled at a public high school.
 
 7      SECTION 9.  School-based health centers; establishment.  (a)
 
 8 The director of health, with the assistance of the superintendent
 
 9 of education, shall establish and operate no fewer than one
 
10 school-based health center in each of the seven departmental
 
11 school districts established in section 13-1(d), Hawaii Revised
 
12 Statutes.
 
13      (b)  The provision of the following types of basic health
 
14 services to eligible students shall be considered for each
 
15 center:
 
16      (1)  Mental health screening, counseling, and referrals;
 
17      (2)  Physical examinations for athletic activities;
 
18      (3)  Immunization for such diseases as mumps, measles,
 
19           rubella, diphtheria, and polio;
 
20      (4)  Nutrition counseling;
 
21      (5)  Family counseling;
 
22      (6)  Substance abuse counseling; and
 

 
 
 
Page 9                                                     1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (7)  Individual counseling about sexuality;
 
 2      (c)  The following types of referrals shall be considered
 
 3 for each center:
 
 4      (1)  Laboratory screening, including throat cultures,
 
 5           mononucleosis, diabetes, urinalysis, hematocrit, Pap
 
 6           smears, and sickle cell anemia;
 
 7      (2)  Sexually transmitted disease testing;
 
 8      (3)  Pregnancy testing; and
 
 9      (4)  Prenatal care.
 
10      (d)  Referrals, when necessary and appropriate, to a primary
 
11 care physician and other health and social agencies for
 
12 appropriate services and care shall be considered for each
 
13 center.
 
14      (e)  Nothing in this section shall be construed to limit the
 
15 types of health services that may be provided by a center, except
 
16 that the performance of abortions at a center and the referral of
 
17 students to abortion services by center personnel shall be
 
18 expressly prohibited.
 
19      (f)  Prior to the establishment and operation of a center,
 
20 the principal of the school and the school/community-based
 
21 management council, in consultation with at least one health care
 
22 professional, shall make policy decisions related to the
 

 
 
 
Page 10                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 operation of the center and determine the services to be offered
 
 2 by the center.  
 
 3      SECTION 10.  Eligibility; consent of parent required;
 
 4 exceptions.  (a)  Except as provided by section 577A-2, Hawaii
 
 5 Revised Statutes, no student shall be eligible to receive
 
 6 services unless the center receives a consent form signed by the
 
 7 student and the student's parent.
 
 8      (b)  Notwithstanding subsection (a), a student who has
 
 9 reached the age of majority shall not be required to obtain the
 
10 permission of a parent to be eligible to receive services.
 
11      SECTION 11.  Provision of health services; ability to pay.
 
12 (a)  The director of health, with the assistance of the director
 
13 of human services, shall seek as many possibilities of
 
14 reimbursement as practicable, including federal or private
 
15 foundation funds, for all services provided by a center.
 
16      (b)  Notwithstanding subsection (a), no eligible student
 
17 shall be denied the right to receive requested services for lack
 
18 of ability to pay for these services.
 
19      SECTION 12.  Confidentiality of records.  Except as
 
20 otherwise provided by law, all student medical records shall be
 
21 considered confidential information when approved by the
 
22 student's parent.
 

 
 
 
Page 11                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      SECTION 13.  Financial responsibility.  If a student
 
 2 receives services for the diagnosis, examination, or
 
 3 administration of medication in the treatment of venereal
 
 4 diseases, pregnancy, or family planning services without the
 
 5 consent of a parent, then the parent of the student shall not be
 
 6 liable for the legal obligations resulting from the furnishing of
 
 7 these services by a center.  A student who receives these
 
 8 services from a center shall assume financial responsibility for
 
 9 the cost of the services.  Notwithstanding any other law to the
 
10 contrary, no spouse or parent whose consent has not been obtained
 
11 for these services shall be liable for the cost of services
 
12 incurred by the student.
 
13      SECTION 14.  Limitation of actions.  Notwithstanding any
 
14 other law to the contrary, any action to recover any debt founded
 
15 upon any contract, obligation, or liability made or incurred
 
16 pursuant to this part shall not commence until a student has
 
17 reached the age of majority; provided that the action shall
 
18 commence not more than two years after the date a student reaches
 
19 the age of majority.
 
20      SECTION 15.  Personnel.  The director of health may employ
 
21 without regard to chapters 76 and 77 physicians, nurse-
 
22 practitioners, nurses, counselors, social workers, and all other
 

 
 
 
Page 12                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 persons that the director of health deems necessary or desirable
 
 2 to implement this part.
 
 3      SECTION 16.  Reports to the legislature.  The director of
 
 4 health shall report to the legislature on the experience of each
 
 5 school-based health center not less than thirty days prior to the
 
 6 convening of each regular session.  The report shall include:
 
 7      (1)  The number of students served and the types of health
 
 8           services provided;
 
 9      (2)  The operating cost, including income collected through
 
10           fees, monetary donations, private grants, and in-kind
 
11           services;
 
12      (3)  Quantifiable changes in high-risk behaviors among
 
13           students receiving services through the center;
 
14      (4)  Recommended changes to improve the center; and
 
15      (5)  Any other information that the department of health may
 
16           determine to be necessary to assist the legislature in
 
17           evaluating the efficacy, cost-effectiveness, and
 
18           intangible merits of the center.
 
19      SECTION 17.  There is appropriated out of the general
 
20 revenues of the State of Hawaii the sum of $     or so much
 
21 thereof as may be necessary for fiscal year 1999-2000 and the
 
22 same sum or so much thereof as may be necessary for fiscal year
 

 
 
 
Page 13                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 2000-2001 for school-based health centers, including the hiring
 
 2 of necessary staff.
 
 3      The sums appropriated shall be expended by the department of
 
 4 health for the purposes of this part.
 
 5      SECTION 18.  There is appropriated out of the general
 
 6 revenues of the State of Hawaii the sum of $    or so much
 
 7 thereof as may be necessary for fiscal year 1999-2000 and the
 
 8 same sum or so much thereof as may be necessary for fiscal year
 
 9 2000-2001 for school-based health centers.
 
10      The sums appropriated shall be expended by the department of
 
11 education for the purposes of this part.
 
12                              PART IV
 
13      SECTION 19.  The legislature finds that as long as a public
 
14 school complies with the requirements that it be free to all
 
15 attending students, that its admissions policies be
 
16 nondiscriminatory, and that it comply with statewide performance
 
17 standards, a school should otherwise be free from statutory and
 
18 regulatory requirements that tend to inhibit or restrict a
 
19 school's ability to make decisions relating to the provision of
 
20 educational services to the students attending the school.
 
21      To nurture the ideal of more autonomous and flexible
 
22 decision-making at the school level, the legislature supports the
 

 
 
 
Page 14                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 concept of new century schools.  The legislature finds that this
 
 2 concept defines a new approach to education -- one that is free
 
 3 of bureaucratic red tape and accommodating of the individual
 
 4 needs of students -- and will allow the State to dramatically
 
 5 improve its educational standards for the twenty-first century.
 
 6 Both existing public schools and new schools may be established
 
 7 as new century schools, and these schools will allow educators to
 
 8 better tailor the curriculum to enhance the learning of the
 
 9 students.  
 
10      The purpose of this part is to increase the flexibility and
 
11 autonomy at the school level by allowing existing public schools
 
12 and new schools to be designated as new century schools.  These
 
13 new century schools shall have a local school board as a
 
14 governing body, and shall operate independent educational
 
15 programs from those provided by the department of education
 
16 statewide.
 
17      SECTION 20.  Chapter 302A, Hawaii Revised Statutes, is
 
18 amended by adding a new part to be appropriately designated and
 
19 to read as follows:
 
20                  "PART .  NEW CENTURY SCHOOLS
 
21      §302A-A   New century schools.  All schools previously
 
22 designated as student-centered schools shall be designated as new
 
23 century schools.
 

 
Page 15                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      §302A-B   New century schools; establishment.  (a)  Up to a
 
 2 total of twenty-five schools may be established as new century
 
 3 schools.  These new century schools may be established by:
 
 4      (1)  The creation of a new school by executive order of the
 
 5           governor, upon the advice of the board of education,
 
 6           pursuant to 302A-C;
 
 7      (2)  An existing public school pursuant to subsection (b);
 
 8           or
 
 9      (3)  The creation of a new school, comprised of programs or
 
10           sections of existing public school populations and
 
11           using existing public school facilities pursuant to
 
12           subsection (b).
 
13      (b)  Any public school or programs of a public school or
 
14 schools, may form a new century school by establishing a local
 
15 school board as its governing body composed of, at a minimum, one
 
16 representative from each of the following participant groups:
 
17      (1)  Principals;
 
18      (2)  Instructional staff members selected by the school
 
19           instructional staff;
 
20      (3)  Support staff selected by the support staff of the
 
21           school;
 

 
 
 
 
 
Page 16                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (4)  Parents of students attending the school selected by
 
 2           the parents of the school;
 
 3      (5)  Student body representatives selected by the students
 
 4           of the school; and
 
 5      (6)  The community at-large.
 
 6      (c)  The local school board shall formulate and develop a
 
 7 detailed implementation plan, which shall include but not be
 
 8 limited to the following:
 
 9      (1)  A description of the administrative and educational
 
10           framework, and which provides for the basic protection
 
11           of employees and their reasonable academic freedoms;
 
12      (2)  A plan for identifying, recruiting, and selecting
 
13           students to make certain that student participation is
 
14           not exclusive, elitist, or segregationalist;
 
15      (3)  A plan for assessing student performance equal to those
 
16           employed throughout the State which focuses upon the
 
17           established state educational performance standards,
 
18           the rigor of standards, and technical validity, as well
 
19           as any other specific student outcomes to be achieved,
 
20           and making this plan accountable to the general public;
 
21      (4)  The curriculum, instructional framework, and assessment
 
22           mechanisms to be used to achieve student outcomes;
 

 
 
 
Page 17                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (5)  A plan to hold the school, its faculty, and staff
 
 2           (collectively and individually) accountable in the same
 
 3           or an equivalent manner as are other public schools
 
 4           throughout the State;
 
 5      (6)  A governance structure of the school;
 
 6      (7)  A facilities management plan which is consistent with
 
 7           the state facilities plan; and
 
 8      (8)  Annual financial and program audits.
 
 9      The detailed implementation plan shall be approved by
 
10 three-fifths of the school's administrative, support, and
 
11 teaching personnel, and parents; provided that the school
 
12 personnel may request their bargaining unit representative to
 
13 certify and conduct the elections for their respective bargaining
 
14 units.  Once approved, the detailed implementation plan shall be
 
15 submitted to the board of education for review.
 
16      (d)  The board of education shall review the proposed new
 
17 century school plan to assure that it complies with subsection
 
18 (c) and section 302A-D.  Unless the board of education finds that
 
19 the plan conflicts with subsection (c) or section 302A-D, the
 
20 plan shall become effective within thirty days after its
 
21 submission.  If the board of education finds a conflict with
 
22 subsection (c) or section 302A-D, it shall notify the local
 

 
 
 
Page 18                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 school board of the finding in writing to enable the local school
 
 2 board to appropriately amend the plan to resolve the conflict.
 
 3      (e)  The new century schools shall not charge tuition.  The
 
 4 State shall afford the local school board of any new century
 
 5 school the same protections as the State affords to the state
 
 6 board of education.
 
 7      §302A-C   New century schools; request for establishment and
 
 8 designation.(a)  As an alternative to section 302A-B(b), any
 
 9 community may submit a letter of intent to the superintendent for
 
10 the establishment of a new century school in its district.
 
11      (b)  The authors of the letter of intent shall then develop
 
12 an implementation plan, which would include the appointment an
 
13 interim school board, pursuant to section 302A-B(c); provided
 
14 that the plan shall also address issues of personnel management,
 
15 and any funding for the design and construction costs of building
 
16 or renovating the new century school shall be consistent with the
 
17 state facilities plan.  The superintendent shall provide support
 
18 and guidance to the community in formulating an implementation
 
19 plan which is compliant with sections 302A-B(c) and 302A-D. 
 
20      (c)  The board of education shall review the completed
 
21 implementation plan for the proposed new century school to ensure
 
22 its compliance with sections 302A-B(c) and 302A-D.  Unless the
 

 
 
 
Page 19                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 board finds that the plan conflicts with section 302A-B(c) or
 
 2 302A-D, the plan shall become effective within sixty days after
 
 3 its submission.  If the board finds a conflict with section
 
 4 302A-B(c) or 302A-D, it shall notify the interim local school
 
 5 board of the finding in writing to enable the interim local
 
 6 school board to appropriately amend the plan to resolve the
 
 7 conflict.  If the board of education finds that the proposed new
 
 8 century school is compliant, the governor, upon the advice of the
 
 9 board of education, shall issue an executive order designating
 
10 the proposed school as a new century school.  The executive order
 
11 shall set forth the provisions by which the new century school
 
12 shall be managed and operated.
 
13      (d)  The interim local school board shall establish the
 
14 local school board pursuant to section 302A-B(b) no later than
 
15 thirty days after the governor has designated the school a new
 
16 century school by executive order.
 
17      §302A-D  New century schools; exemptions.  Schools
 
18 designated as new century schools shall be exempt from all
 
19 applicable state laws; except those regarding:
 
20      (1)  Collective bargaining under chapter 89; provided that
 
21           the exclusive representatives and the employers defined
 
22           in chapter 89 may enter into agreements that contain
 

 
 
 
Page 20                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1           cost and noncost items to facilitate decentralized
 
 2           decision-making; and provided further that the
 
 3           exclusive representatives and the local school board of
 
 4           the new century school may enter into agreements that
 
 5           contain cost funded from the current allocation or
 
 6           other sources of revenue received by the new century
 
 7           school.  These agreements may be entirely different
 
 8           than the standard contracts for teachers or school
 
 9           administrators; and
 
10      (2)  Discriminatory practices under section 378-2, and
 
11           health and safety requirements;
 
12 provided that new century schools are subject to accepted
 
13 guidelines of ethical practice and shall maintain an accounting
 
14 system which is open to public scrutiny.
 
15      §302A-E  New century schools; funding. (a)  New century
 
16 schools shall receive an allocation of state general funds based
 
17 upon the operational and educational funding requirements of the
 
18 schools; provided that beginning in fiscal year 1999-2000, and
 
19 every year thereafter, the auditor shall determine the
 
20 appropriate allocation based on the total department of education
 
21 general fund appropriation and per pupil expenditure for the
 
22 previous year; provided that small schools shall be given a
 

 
 
 
Page 21                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 subsidy or small school allotment to augment the per pupil
 
 2 allocation given; provided further that the legislative auditor
 
 3 shall take into consideration any changes to the department's
 
 4 budget by the legislature and any applicable collective
 
 5 bargaining negotiated amounts; and provided further that the
 
 6 allocation for self-contained special education students and for
 
 7 other special education students shall be adjusted appropriately
 
 8 to reflect the additional expenses incurred for the students in
 
 9 these programs.
 
10      (b)  All federal and other financial support for new century
 
11 schools shall be equal to all other public schools; provided that
 
12 if administrative services are provided to the school by the
 
13 department, the school shall reimburse the department for the
 
14 actual costs of the administrative services in an amount that
 
15 does not exceed six and one-half per cent of the school's
 
16 allocation.  Any new century school shall be eligible to receive
 
17 any financial grant or award for which any other public school
 
18 may submit a proposal.  All additional funds that are generated
 
19 by the local school board shall be considered supplementary and
 
20 may be expended at the discretion of the local school board.
 
21      §302A-F  New century schools; self-evaluation.(a)  Every
 
22 new century school shall conduct self-evaluations annually.  The
 
23 self-evaluation process shall include but not be limited:
 

 
Page 22                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (1)  The identification and adoption of benchmarks to
 
 2           measure and evaluate administrative and instructional
 
 3           programs as provided in this section;
 
 4      (2)  The identification of any administrative and legal
 
 5           barriers to meeting the benchmarks, as adopted, and
 
 6           recommendations for improvements and modifications to
 
 7           address the barriers; and
 
 8      (3)  The impact upon the students of the student-centered
 
 9           school.
 
10 Every new century school shall submit a report of its
 
11 self-evaluation to the board of education within sixty days after
 
12 the completion of the school year; provided that the department
 
13 shall have thirty days to respond to any recommendation regarding
 
14 improvements and modifications that would directly impact the
 
15 department.
 
16      (b)  The board of education shall initiate an independent
 
17 evaluation each new century school four years after its
 
18 establishment and every four years thereafter to assure
 
19 compliance with statewide student performance standards; provided
 
20 that each new century school established prior to July 1, 1998,
 
21 shall be evaluated four years after July 1, 1998, and every four
 
22 years thereafter.  Upon a determination by the board of education
 

 
 
 
Page 23                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 that student achievement within a new century school does not
 
 2 meet the student performance standards, a new century school
 
 3 shall be placed on probationary status and shall have two years
 
 4 to bring student performance into compliance with statewide
 
 5 standards.  If a new century school fails to meet its
 
 6 probationary requirements, or fails to comply with any of the
 
 7 requirements of this section, the board of education, upon a
 
 8 two-thirds majority vote, may then deny the continuation of the
 
 9 new century school.
 
10      §302A-G  New century schools; administrative supervision.
 
11 Whenever any new century school is established under section
 
12 302A-B or 302A-C, the following provisions shall apply except as
 
13 otherwise specifically provided by this chapter:
 
14      (1)  Following consultation with the new century school, the
 
15           board of education shall represent the new century
 
16           school in communications with the governor and with the
 
17           legislature;
 
18      (2)  The financial requirements for state funds of the new
 
19           century school shall be submitted through the board of
 
20           education and included in the budget for the
 
21           department;
 

 
 
 
 
 
Page 24                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (3)  The approval of all policies and rules adopted by the
 
 2           new century school shall be preceded by an open public
 
 3           meeting and shall not be subject to chapter 91;
 
 4      (4)  The employment, appointment, promotion, transfer,
 
 5           demotion, discharge, and job descriptions of all
 
 6           officers and employees of or under the jurisdiction of
 
 7           the new century school shall be determined by the new
 
 8           century school and applicable personnel laws and
 
 9           collective bargaining agreements;
 
10      (5)  Except as set forth in this section, the board of
 
11           education or the superintendent of education shall not
 
12           have the power to supervise or control the new century
 
13           school in the exercise of its functions, duties, and
 
14           powers; and
 
15      (6)  Local school boards may enter into an annual business
 
16           contract for centralized services to be provided by the
 
17           department prior to the beginning of each school year.
 
18      §302A-H  New century schools; mandate to support.  The
 
19 department, together with key representatives of the major
 
20 divisions in the department, representatives from the unions, as
 
21 well as individuals from the new century schools shall
 
22 collaborate together on a system of technical assistance that
 

 
 
 
Page 25                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 will provide a baseline for success of each new century school.
 
 2 In addition, the department, through the board and its
 
 3 superintendent, shall provide any other information and technical
 
 4 assistance upon request necessary to support the establishment
 
 5 and expansion of new century schools."
 
 6      SECTION 21.  Section 302A-101, Hawaii Revised Statutes, is
 
 7 amended as follows:
 
 8      1.  By adding a new definition to be appropriately inserted
 
 9 and to read:
 
10      ""New century schools" means the implementation of
 
11 alternative frameworks with regard to curriculum, facilities
 
12 management, instructional approach, length of the school day,
 
13 week, or year, and personnel management; and may be a new school
 
14 or include two or more schools acting jointly."
 
15      2.  By repealing the definition of "student-centered
 
16 schools":
 
17      [""Student-centered schools" means the implementation of
 
18 alternative frameworks with regard to curriculum; facilities
 
19 management; instructional approach; length of the school day,
 
20 week, or year; and personnel management; and may include two or
 
21 more schools acting jointly."]
 

 
 
 
 
 
Page 26                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      SECTION 22.  Section 302A-1302, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§302A-1302  School-based budget flexibility.  Beginning
 
 4 with the 1995-1997 fiscal biennium, the department shall
 
 5 implement school-based budget flexibility for schools, complexes,
 
 6 and learning support centers.  The flexibility shall be limited
 
 7 to the school-based budgeting program EDN 100 of the department
 
 8 [for all schools except [student-centered schools] new century
 
 9 schools defined in section 302A-101; provided that beginning in
 
10 fiscal year 1998-1999, and every year thereafter, the department
 
11 shall distribute the full appropriation due to a
 
12 [student-centered] new century school pursuant to section
 
13 302A-    directly to the [student-centered] new century school."
 
14      SECTION 23.  Section 302A-1123, Hawaii Revised Statutes, is
 
15 repealed.
 
16      ["§302A-1123  Student-centered schools; programs and
 
17 administration.(a)  Any public school, up to a total of
 
18 twenty-five schools, may establish a student-centered school,
 
19 which shall be attached to the board of education for
 
20 administrative purposes only as specified under section
 
21 302A-1123.6; provided that:
 

 
 
 
 
 
Page 27                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (1)  Any public school that establishes a student-centered
 
 2           school shall be exempt from all applicable state laws;
 
 3           except those regarding:
 
 4           (A)  Collective bargaining under chapter 89; provided
 
 5                that the exclusive representatives and the
 
 6                employers defined in chapter 89 may enter into
 
 7                agreements that contain cost and noncost items to
 
 8                facilitate decentralized decision-making; and
 
 9                provided further that the exclusive bargaining
 
10                unit representatives and the local school board of
 
11                the student-centered school may enter into
 
12                agreements that contain cost and noncost items;
 
13                and provided further that the agreements shall be
 
14                funded from the current allocation or other
 
15                sources of revenue received by the
 
16                student-centered school; 
 
17           (B)  State procurement laws; and
 
18           (C)  Discriminatory practices under section 378-2, and
 
19                health and safety requirements;
 
20      (2)  The school establishes a local school board as its
 
21           governing body composed of, at a minimum, one
 
22           representative from each of the following participant
 
23           groups:
 

 
Page 28                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1           (A)  Principals;
 
 2           (B)  Instructional staff members selected by the school
 
 3                instructional staff;
 
 4           (C)  Support staff selected by the support staff of the
 
 5                school;
 
 6           (D)  Parents of students attending the school selected
 
 7                by the parents of the school;
 
 8           (E)  Student body representatives selected by the
 
 9                students of the school; and
 
10           (F)  The community at-large;
 
11      (3)  The local school board may formulate school-based
 
12           educational policy and goals in accordance with
 
13           statewide educational performance standards, adopt
 
14           school performance standards and assessment mechanisms,
 
15           monitor school success, and may select the principal as
 
16           the chief executive officer of the school in accordance
 
17           with paragraph (1)(A).  The principal shall consult and
 
18           work collaboratively with the local school board and
 
19           have jurisdiction over the internal organization,
 
20           operation, and management of the school;
 
21      (4)  The local school board has developed a detailed
 
22           implementation plan containing the elements prescribed
 

 
 
 
Page 29                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1           under subsection (b) for a student-centered school that
 
 2           has been approved by three-fifths of the school's
 
 3           administrative, support, and teaching personnel, and
 
 4           parents; provided that the school personnel may request
 
 5           their bargaining unit representatives to certify and
 
 6           conduct the elections for their respective bargaining
 
 7           units;
 
 8      (5)  The detailed implementation plan has been submitted to
 
 9           the board of education for review;
 
10      (6)  The detailed implementation plan assures compliance
 
11           with statewide student performance standards;
 
12      (7)  No student-centered school shall charge tuition; and
 
13      (8)  The State shall afford the local school board of any
 
14           student-centered school the same protections as the
 
15           State affords to the state board of education.
 
16      (b)  The detailed implementation plan for the student-
 
17 centered school shall include but not be limited to the
 
18 following:
 
19      (1)  A description of the administrative and educational
 
20           framework;
 
21      (2)  Specific student outcomes to be achieved;
 

 
 
 
 
 
Page 30                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (3)  The curriculum, instructional framework, and assessment
 
 2           mechanisms to be used to achieve student outcomes;
 
 3      (4)  Governance structure of the school;
 
 4      (5)  Facilities management plan; and
 
 5      (6)  Annual financial and program audits.
 
 6      (c)  The board of education shall review the proposed
 
 7 student-centered school plan to assure that it complies with
 
 8 statewide educational performance standards.  Unless the board of
 
 9 education finds that the plan conflicts with statewide
 
10 educational performance standards, the plan shall become
 
11 effective within thirty days after its submission.  If the board
 
12 of education finds a conflict with statewide educational
 
13 performance standards, it shall notify the local school board of
 
14 the finding in writing to enable the local school board to
 
15 appropriately amend the plan to resolve the conflict.
 
16      (d)  Student-centered schools shall receive an allocation of
 
17 state general funds based upon the operational and educational
 
18 funding requirements of the schools; provided that:
 
19      (1)  For fiscal year 1998-1999, the allocation shall be
 
20           based on a total per pupil expenditure as determined by
 
21           the legislative auditor; provided that the allocation
 
22           may be adjusted by the auditor to reflect changes to
 

 
 
 
Page 31                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1           the department's budget in the Supplemental
 
 2           Appropriations Act of 1998, Act 116, Session Laws of
 
 3           Hawaii 1998, and any appropriation made for collective
 
 4           bargaining agreements; and provided further that a
 
 5           school may negotiate an adjusted allocation in order to
 
 6           have the department of education provide services to
 
 7           the school; and
 
 8      (2)  Beginning in fiscal year 1999-2000, and every year
 
 9           thereafter, the auditor shall determine the appropriate
 
10           allocation based on the total department of education
 
11           general fund appropriation and per pupil expenditure
 
12           for the previous year; provided that the legislative
 
13           auditor shall take into consideration any changes to
 
14           the department's budget by the legislature and any
 
15           collective bargaining negotiated amounts;
 
16 and provided further that the allocation for self-contained
 
17 special education students and for other special education
 
18 students shall be adjusted appropriately to reflect the
 
19 additional expenses incurred for the students in these programs.
 
20      (e)  All federal and other financial support for
 
21 student-centered schools shall be equal to all other public
 
22 schools; provided that if administrative services are provided to
 

 
 
 
Page 32                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 the school by the department, the school shall reimburse the
 
 2 department for the actual costs of the administrative services in
 
 3 an amount that does not exceed 6.5 per cent of the school's
 
 4 allocation.  Any student-centered school shall be eligible to
 
 5 receive any financial grant or award for which any other public
 
 6 school may submit a proposal.  All additional funds that are
 
 7 generated by the local school board shall be considered
 
 8 supplementary and may be expended at the discretion of the local
 
 9 school board.
 
10      (f)  Every student-centered school shall conduct
 
11 self-evaluations annually.  The self-evaluation process shall
 
12 include but not be limited to the following:
 
13      (1)  The identification and adoption of benchmarks to
 
14           measure and evaluate administrative and instructional
 
15           programs as provided in this section;
 
16      (2)  The identification of any administrative and legal
 
17           barriers to meeting the benchmarks, as adopted, and
 
18           recommendations for improvements and modifications to
 
19           address the barriers; and
 
20      (3)  The impact upon the students of the student-centered
 
21           school.
 

 
 
 
 
 
Page 33                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1 Every student-centered school shall submit a report of its
 
 2 self-evaluation to the board of education within sixty days after
 
 3 the completion of the school year; provided that the department
 
 4 shall have thirty days to respond to any recommendation regarding
 
 5 improvements and modifications that would directly impact the
 
 6 department.
 
 7      The board of education shall evaluate each student-centered
 
 8 school four years after its establishment to assure compliance
 
 9 with statewide student performance standards, consistent with
 
10 subsection (a)(3); provided that each student-centered school
 
11 established prior to July 1, 1998 shall be evaluated four years
 
12 after July 1, 1998.  Upon a determination by the board of
 
13 education that student achievement within a student-centered
 
14 school does not meet the student performance standards, a
 
15 student-centered school shall be placed on probationary status
 
16 and shall have two years to bring student performance into
 
17 compliance with statewide standards.  If a student-centered
 
18 school fails to meet its probationary requirements, the board of
 
19 education, upon a two-thirds majority vote, may then deny the
 
20 continuation of the student-centered school."]
 
21      SECTION 24.  Section 302A-1123.5, Hawaii Revised Statutes,
 
22 is repealed.
 

 
 
 
Page 34                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      ["[§302A-1123.5]  Student-centered schools; mandate to
 
 2 support.  The department, through the board and its
 
 3 superintendent, shall provide information and technical
 
 4 assistance upon request necessary to support the establishment
 
 5 and expansion of student-centered schools."]
 
 6      SECTION 25.  Section 302A-1123.6, Hawaii Revised Statutes,
 
 7 is repealed. 
 
 8      ["[§302A-1123.6]  Student-centered schools; administrative
 
 9 supervision.  Whenever any student-centered school is established
 
10 under section 302A-1123, the following provisions shall apply
 
11 except as otherwise specifically provided by this chapter:
 
12      (1)  Following consultation with the student-centered
 
13           school, the board of education shall represent the
 
14           student-centered school in communications with the
 
15           governor and with the legislature;
 
16      (2)  The financial requirements for state funds of the
 
17           student-centered school shall be submitted through the
 
18           board of education and included in the budget for the
 
19           department;
 
20      (3)  The approval of all policies and rules adopted by the
 
21           student-centered school shall be preceded by an open
 
22           public meeting and shall not be subject to chapter 91;
 

 
 
 
Page 35                                                    1501
                                     S.B. NO.           S.D. 3
                                                        H.D. 1
                                                        

 
 1      (4)  The employment, appointment, promotion, transfer,
 
 2           demotion, discharge, and job descriptions of all
 
 3           officers and employees of or under the jurisdiction of
 
 4           the student-centered school shall be determined by the
 
 5           student-centered school and applicable personnel laws
 
 6           and collective bargaining agreements;
 
 7      (5)  Except as set forth in this section, the board of
 
 8           education or the superintendent of education shall not
 
 9           have the power to supervise or control the
 
10           student-centered school in the exercise of its
 
11           functions, duties, and powers."] 
 
12      SECTION 26.  In codifying the new sections added by section
 
13 22 of this part, the revisor of statutes shall substitute the
 
14 appropriate section numbers for the letters used in designating
 
15 the new sections in this part.
 
16                              PART V
 
17      SECTION 27.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 28.  This Act shall take effect upon its approval;
 
20 provided that:
 
21      (1)  Sections 2, 6, 17, and 18 shall take effect on July 1,
 
22           1999; and
 
23      (2)  Section 4 shall take effect on July 1, 2000.
 
24 x