Report Title:
Autonomous Public School System
Description:
Requires the auditor to examine and evaluate the feasibility of creating an autonomous public school system and to devise a comprehensive implementation plan. Requires public input and reports to the legislature. Requires legislative reference bureau to assist in drafting proposed legislation. Appropriates $.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1833 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that reading and math scores of Hawaii's students perennially rank among the lowest in the nation. For years critics have argued that the public school system's poor performance is an outcome of having separate entities exerting overlapping authority over the complex and unwieldy state public school system. Fractured oversight of the state public school system leads to confused lines of authority, lack of accountability, and inadequate communication among the various decision-makers. Furthermore, this makes it impossible to identify responsibility for the public school system's success and shortcomings. The strong influence of special interests, such as unions, school community-based management councils, and advocates of children with special needs, further clouds issues of accountability and authority. As a result, the legislature finds that the superintendent of education lacks the specific authority necessary to manage the department of education's internal affairs.
The legislature believes that unambiguous accountability and authority of the state public education system is unattainable unless its governance is fundamentally changed to delineate clear lines of authority and responsibility in all administrative and fiscal matters, policy issues, and managerial oversight. The legislature finds that granting autonomy to the state public school system will achieve greater flexibility, efficiencies, accountability, and responsiveness.
Accordingly, the legislature finds that it is imperative to make the state public school system a separate entity, independent from gubernatorial and legislative review and control. The legislature envisions that this independent state public school system will be headed by a board of education, whose:
(1) Members will be elected by the voters of single member districts, to ensure accountability and responsiveness to the needs of individual school locales; and
(2) Primary role will be policy making and selection of a chief executive officer, who will have full authority and control over all aspects of the public education system.
The legislature is cognizant that a number of constitutional, legal, and administrative changes will be necessary to achieve an autonomous public school system and that this will be a long and arduous undertaking. Moreover, the interests of the State and its citizens require that the transition be accomplished so as to ensure continuity and quality in public education programs and to avoid or minimize any disruptions to the public educational system. Therefore, the legislature intends that this be a deliberate and carefully studied process, allowing sufficient time for data collection, fact-finding, public hearing and comment, and a thorough and thoughtful assessment and analysis of the entire public education system.
The purpose of this Act is to require the auditor to conduct an examination and evaluation of the feasibility of creating an autonomous public school system and to devise a comprehensive implementation plan for the transition in governance of the public educational system.
SECTION 2. The auditor shall conduct a three-year examination and evaluation of the feasibility of creating an autonomous public school system, independent from gubernatorial and legislative review and control, and shall devise a comprehensive implementation plan for the transition in governance of the public educational system. As the first step of this examination and evaluation, the auditor shall conduct a comprehensive management audit of the present operations of the entire public school system, with the purpose of accomplishing the reorganization of the public educational system in the most effective and efficient way. The auditor's examination and comprehensive plan shall address issues and make recommendations concerning:
(1) Raising and maintaining adequate funding for the public school system, without undue gubernatorial or legislative interference, including an examination of granting the public school system taxing and bond authority;
(2) Integrating and consolidating functions and programs provided by other executive departments to the public educational system, including facilities repair and maintenance, school health services, administration, personnel and personnel costs, risk management, retirement, and health insurance;
(3) Transferring of employees whose duties affect the public educational system or are in functional areas being integrated or consolidated with the public school system;
(4) Transferring of records, equipment, machinery, supplies, contracts, and other personal property used in the performance of these functional areas being integrated or consolidated;
(5) Rights, powers, obligations, and duties necessary for an autonomous public school system to function efficiently and effectively, such as those relating to the power of eminent domain, transfer of title to lands and real property, immunity from legal process, deposit and transfer of public funds, and accounting, auditing, and accountability processes and protocols;
(6) Changes in collective bargaining that may be necessary to achieve the reorganization objectives, including consolidating authority and accountability, such as decertifying educational officers to exclude them from collective bargaining;
(7) Appropriate interfacing of charter schools and school/community-based management councils within an autonomous public school system;
(8) Legislative and administrative action and timetables necessary for an orderly transition, including proposed revisions and amendments, as needed, to the state constitution and the Hawaii Revised Statutes; and
(9) Any other matters pertinent to achieving an autonomous public school system.
SECTION 3. The auditor shall include in its examination a review of the board of education election process and shall make recommendations necessary to achieve the election of its members by the voters of single member districts, including addressing apportionment issues.
SECTION 4. The auditor shall schedule sufficient opportunity to receive public input during its audit and examination process and in preparing proposed legislation to implement the reorganization plan. The auditor shall prepare and submit a progress report to the governor and the legislature twenty days prior to the convening of the regular sessions of 2003 and 2004, and a final report with recommendations, including proposed legislation, necessary to achieve a restructured, autonomous public school system twenty days prior to the convening of the regular session of 2005.
SECTION 5. The legislative reference bureau shall assist the auditor in drafting any necessary proposed legislation.
SECTION 6. 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 2002-2003, for an examination and evaluation of the feasibility of creating an autonomous public school system and a comprehensive implementation plan. The sum appropriated shall be expended by the auditor for the purposes of this Act.
SECTION 7. This Act shall take effect on July 1, 2002.
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INTRODUCED BY: |
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