Report Title:
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EducationDescription:
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Promotes localization of education.|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1920 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
[CLICK HERE AND TYPE TITLE IN CAPS]
.relating to education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 13, Hawaii Revised Statutes, is repealed.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
""Chapter
"§ -1 District school boards; empowerment. (a) Each district school board organized under this chapter shall have exclusive responsibility and control over all matters concerning public schools located within each respective school district, including the formulation of districtwide educational policy, budgetary and personnel authority.
(b) All current administrative and management functions performed by the department shall be transferred to each local school board established under this chapter. The department shall take all steps necessary, including the adoption of all necessary rules and regulations pursuant to chapter 91 and the transfer of all personnel as appropriate, to insure that this transition occurs without disruption. As appropriate, all department personnel shall return to district offices and to classrooms.
"§ -2 Board members; number; terms; election. (a) Each district school board shall consist of five members who shall be elected by the registered voters of each respective school district, and shall be residents of that district, as follows:
(1) The first school board district: the island of Hawaii; and
(2) The second school board district: the islands of Maui, Molokai, Lanai, and Kahoolawe; and
(3) The third school district: the islands of Kauai and Niihau;
(4) The four school district: (Honolulu) that portion of Oahu comprised of the *****26th _ through the 37th representative districts;
(5) The fifth school district: (Central Oahu) that portion of the island of Oahu comprised of the 38th through the 48th representative districts;, except for those representative districts in the seventh school district (below);
(6) The sixth school district: (Leeward Oahu) that portion of the island of Oahu comprised of the 15th, 16th and the 49th through the 51st representative districts; and
(7) The seventh school district: (Windward Oahu) that portion of the island of Oahu comprised of that portion of the island of Oahu comprised of the 17th and 19th through the 25th rrepresentative districts.
(b) School districts deliniateddelineated by representative districts shall be composed of the successor representative districts as determined by reapportionment.
(c) A district board member shall serve for no more than four consecutive terms. Each term shall begin on November 1 of an odd numbered year and shall last for two calendar years.
(d) No person shall be eligible for election to a district school board unless the person is a registered voter of the school board district from which the person is to be elected. No district school board member shall hold or be a candidate for any other public office under the state or county governments in accordance with Article II, section 7 of the Constitution of the State; nor shall a person be eligible for election or appointment to the district school board if that person is also a candidate for any other public office under the state or county governments. The term "public office", for the purposes of this section, shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster relief.
(e) Candidates for a district school board shall file nomination papers as the chief election officer shall provide.
The deadline for submission of nomination papers shall be no earlier than August 1 of an odd numbered year.
(f) District board members shall be elected in a single election as provided for in this chapter.
(g) Elections for district board members shall be conducted by mail in ballots. The ballot for a district school board shall contain the names of all candidates who filed nomination papers. The names of the candidates shall be arranged in alphabetical order in a nonpartisan manner. Ballots for election of district school board members shall be mailed to registered voters within a school district within two weeks after the deadline for submission of nomination papers. The chief election officer shall set a deadline for the submission of ballots for election of district school board members no later than the third week in October of an odd numbered year.
(h) In the event that the number of qualified candidates is less than or equal to the number of district school board seats to be filled, after the close of filing of nomination papers, the chief election officer shall declare such candidates to be duly and legally elected.
(i) Any vacancy that may occur through any cause other than expiration of the term of office shall be filled by the governor in accordance with section 17-6. The appointee shall be a nonpartisan if the person the appointee succeeds was a nonpartisan.
§ -3 Reapportionment. Upon the implementation of a new apportionment plan, the chief election officer, by proclaimation issued no later than the tenth day prior to the close of filing in elections, shall designate the representative districts that comprise the school districts in -2 to comply with the new districting scheme of such plan; provided that the school districts designated shall cover areas similar to those described in section -2 and that the chief election officer shall consult with the state superintendent in designating the new districts.
§ - 4 District superintendent. (a) The district school board shall appoint a district superintendent by majority vote. The district superintendent shall be an exempt, full-time t employee(?). The district school board may remove a district superintendent at any time by majority vote."
(b) The district superintendent shall be responsible for_______________________
SECTION 3. Section 26-12, Hawaii Revised Statutes, is amended to read as follows:
"§26-12 Department of education. The department of education shall be headed by [[an executive board]] an appointed superintendent to be known as the [[board]] state superintendent of education.
Under policies established by the [[board]] department of education, the superintendent shall [[administer]] oversee standards, accountability, and revenue distribution for programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, adult education, school library services, health education and instruction (not including dental health treatment transferred to the department of health), and such other programs as may be established by law. The state superintendent shall maintain equalized funding by distributing revenue to district school boards on a per-capita basis. The state librarian, under policies established by the [[board of education]] state superintendent of education, shall be responsible for the administration of programs relating to public library services and transcribing services for the blind.
The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.
The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.
The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.
Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services the board of education may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.
Notwithstanding any law to the contrary, the [[board]] state superintendent of education may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the board of education on matters relating to public library services in their respective county."
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. 4. Section 26-35.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "§26-35.5 Members of boards and commissions; immunity from or indemnification for civil liability; defense of members. (a) For purposes of this section, "member" means any person who is appointed, in accordance with the law, to serve on a temporary or permanent state board, including members of the local school board of any new charter school established under section 302A-1182, council, authority, committee, or commission, established by law or elected to [[the board of education]] district school boards or the board of trustees of the employees' retirement system under section 88-24; provided that "member" shall not include any person elected to serve on a board or commission in accordance with chapter 11 other than a person elected to serve on [[the board of education]] a district school board.
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. 5. Section 302A-101, Hawaii Revised Statutes, is amended by amending the definition of "Board" to read as follows:PART I. GENERAL PROVISIONS
"§302A-101 Definitions. As used in this chapter, the following terms have the following meanings unless the context indicates otherwise:
"Board" means [[the board of education]] a district school board."
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. 6. Section 302A-201, Hawaii Revised Statutes, is amended to read as follows:"PART II. PROVISIONS AFFECTING STUDENTS
A. Student Performance Standards
[[§302A-201]] Statewide performance standards. (a) The [[board]] superintendent shall establish statewide performance standards and the means to assess the standards based upon the recommendations in the final report of the performance standards commission established pursuant to Act 334, Session Laws of Hawaii 1991; provided that [[the]] a board may review and modify the performance standards, as [[the]] a board deems necessary, to reflect the needs of public school students and educational goals adopted by [[the]] a board.
(b) The [[board]] superintendent shall appoint a performance standards review commission, to be convened at the beginning of the 1997-1998 school year, and every four years thereafter, to assess the effectiveness of the performance standards. The commission shall include representatives of the Hawaii State Parent, Teacher, Student Association; the Hawaii State Student Council; the superintendent; the dean of the college of education of the University of Hawaii; representatives from each district school board; and the professional education community. The commission may request the assistance of such department or school staff as may be necessary to facilitate its review.
(c) The commission shall review the implementation of the performance standards by the [[board]] superintendent [[and the schools]] to determine whether the standards should be modified. In making this determination, the commission shall seek public input by holding public forums to discuss the implementation and effectiveness of the performance standards. The commission shall submit a report of its findings and recommendations regarding the effectiveness of the standards and the need for modification of the standards to the [[board]] superintendent and the legislature prior to the convening of the 1999 regular session. The board shall consider and implement the modifications beginning with the 1999-2000 school year."
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. 7. Section 302A-405, Hawaii Revised Statutes, is amended to read as follows: "§302A-405 School cafeterias; funds; expenditures. (a) The price for the school lunch shall be set by [[the department]] a board to ensure that moneys received from the sale of the lunches shall be up to one-third of the cost of preparing the school lunch, rounded to the nearest twenty-five cents, adjusted during the first year of the fiscal biennium. The price for the school lunch shall be based on the average cost of preparing the school lunch over the three years preceding the second year of the fiscal biennium; provided that the department by rule shall provide a lower rate or free lunches to children based on their economic need.
(b) All moneys received by or for the public school cafeterias from the sale of meals, the sale of services, the federal government, or any other source, shall be deposited in one special school lunch fund for each district school board. Except as otherwise provided by the legislature, all expenditures for the operation of public school cafeterias shall be made from this fund.
(c) It is the intent of this section not to jeopardize the receipt of any federal aid and to the extent, and only to the extent necessary to effectuate this intent, the governor may modify the strict provisions of this section, but shall promptly report any such modification with the governor's reasons therefor to the next succeeding session of the legislature for review."
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. 8. Section 302A-406, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-406]] Transportation of school children. (a) [[The department]] A board may provide suitable transportation to and from school and for educational field trips for all children in grades kindergarten to twelve and in special education classes. [[The department]] A board shall adopt such [[policy, procedure, and program]] policies, procedures, and programs as it deems necessary to provide suitable transportation. In formulating the policy, procedure, and program, [[the department]] a board shall consider the school district; the school attendance area in which a school child normally resides; the distance the school child lives from the school; the availability of public carriers or other means of transportation; the frequency, regularity, and availability of public transportation; and the grade level, physical handicap, or special learning disability of a school child, and it may also consider such conditions and circumstances unique or peculiar to a county or area.
(b) [[The department]] A board shall adopt rules under chapter 91 governing the supervision and administration of the transportation of school children under this section."
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. 9. Section 302A-407, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-407]] School bus contracts. (a) Any other law to the contrary notwithstanding, school bus contracts between the [[State]] board and a private contractor may be extended for two years by mutual agreement; provided that the parties may agree to extend the contract for an additional two years thereafter. The compensation due to the contractor by [[the State]] a board for each extended year may be increased by an amount not to exceed five per cent of the previous year's compensation. In addition, the compensation due to the contractor by [[the State]] a board for any original or extended contract year may be increased by a reasonable amount for unanticipated inflationary increases in the cost of fuel. If the original contract between [[the State]] a board and a private contractor already includes an option to extend the contract period, this subsection shall apply after the contract option is exercised.
(b) In the renegotiation for the extension of any contract, the contractor shall be notified at least three months in advance to prepare data and facts relating to fuel cost for the justification of an increase in the amount for the new contract period.
(c) If a school is temporarily closed due to an unexpected disruption necessitating the closing of the school, the contractor and [[the State]] a board may enter into renegotiation for payments of fixed costs.
(d) The contract between [[the State]] a board and the contractor shall include an age limit for the school bus vehicles that may be used. The serviceability of a vehicle shall be determined by chapter 286.
(e) The contract between [[the State]] a board and the contractor shall include a provision requiring the contractor to equip the contractor's vehicles with the signs and visual signals described in section 291C-95(d) and (g). The contract shall also include other provisions as may be deemed necessary by [[the State]] a board for the safety of school bus passengers and shall include provisions requiring periodic refurbishment of school buses over ten years old."
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. 10. Section 302A-408, Hawaii Revised Statutes, is amended to read as follows: "§302A-408 After-school and weekend programs. [[The department]] A board and the appropriate county agencies may establish and regulate programs of after-school and weekend community-school activities for children, including but not limited to child-care programs, arts and crafts, hula, ukulele, and other recreational projects, wherever feasible, at public school and public park facilities. In addition to any appropriation of public funds, reasonable fees established by the agencies operating the programs may be collected from children enrolled, in the furtherance of particular programs. The appropriate agencies may obtain from time to time the services of persons in a voluntary or unpaid capacity, exempt from chapters 76 and 77, as may be necessary for carrying out the purposes of this section, and may regulate their duties, powers, and responsibilities when not otherwise provided by law. Any person whose services have been so accepted, while engaged in the performance of duty under this section, shall be deemed a state employee or an employee of a political subdivision, as the case may be, in determining the liability of the State or the political subdivision for the negligent acts of these persons."
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. 11. Section 302A-410, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-410]] Quality early education plan. (a) The department plan for quality early education shall focus on children from ages four up to six years.
(b) The [[board]] superintendent shall adopt standards and criteria for quality early education based on current national standards and the needs of Hawaii's children. The standards and criteria shall provide the basis upon which the early education plan shall be developed.
(c) The department of education shall work cooperatively with the department of human services, the department of health, college level education programs, early education organizations, parents of young children, and other appropriate organizations, in developing a quality early education plan. The plan shall include but not be limited to the following:
(1) Standards for curriculum, activities, facilities, and teacher training for early childhood education;
(2) Methods and materials designed to involve and educate parents and guardians in the education and development of their young children;
(3) A timetable and implementation schedule, approved by the [[board]] boards, to be submitted to the governor and the legislature;
(4) Costs for delivery of early childhood services, including how costs can be shared between the public and private sectors; and
(5) Assessment of training and certification capacity of teachers, including assurances by teacher training institutions to recruit and graduate qualified staff for early childhood education.
(d) Early education shall be delivered through private providers to the maximum extent possible, and provision shall be made to enable parents and guardians to opt for home care if they so choose by providing early childhood education resources in each school for in-home use.
(e) Beginning with the 1997-1998 school year, this section shall be interpreted as though the term "certification" read "licensing" or "credentialing", as the latter terms are used in part III, subpart D, and as circumstances require."
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. 12. Section 302A-411, Hawaii Revised Statutes, is amended to read as follows:"
§302A-411 Kindergartens; establishment; attendance. (a) [[The department]] A board shall establish and maintain kindergartens with a program of instruction as a part of the public school system; provided that attendance shall not be mandatory. No child shall attend any kindergarten unless the child will be at least five years of age on or before December 31 of the school year; provided that a child attending a school that convenes after the regular school schedule shall be five years of age on or before one hundred twenty-five days following the date the school convenes; and provided further that the board shall develop informational guidance to promote the understanding of a child's readiness for kindergarten.
(b) [[The department]] A board may accept gifts to establish and maintain kindergartens."
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. 13. Section 302A-420, Hawaii Revised Statutes, is amended to read as follows: "§302A-420 Profits to pupils. All net profits arising from agricultural and industrial pursuits under sections 302A-420 to 302A-431 at any school, under the rules of [[the department]] a board:
(1) Shall be used by the school for the purchase of equipment and material, not otherwise provided for in the school budget, that will be of general benefit to the pupils; or
(2) May be distributed among the pupils actually engaged in the pursuits.
[[The department]] A board shall provide for the keeping of simple books of account, showing the source and distribution of the money resulting from the operations carried on pursuant to this section, and for the auditing of these books of account at least quarterly."
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. 14. Section 302A-424, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-424]] Regulation of other schools and classes. [[The department]] A board, at its discretion, may regulate schools, classes, or courses excepted from the definition of "private trade, vocational, or technical school.""."
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. 15. Section 302A-425, Hawaii Revised Statutes, is amended to read as follows: "§302A-425 License required for private trade, vocational, or technical school. No private trade, vocational, or technical school shall be operated by any person or persons, firm, or any other private organization or corporation for the purpose of teaching any trade, occupation, or vocation unless there is first secured from [[the department]] a board a license issued in accordance with sections 302A-424 to 302A-428 and in such form as [[the department]] a board may direct. The purpose of the licensing and regulation is to protect consumers against practices by private trade, vocational, or technical schools that are false, deceptive, misleading, or unfair, and to help ensure adequate educational quality at private trade, vocational, or technical schools."
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. 16. Section 302A-426, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-426]] Suspension and revocation of license; procedure. (a) [[The department]] A board, after notice and opportunity for a hearing, may suspend or revoke a license at any time when, in the judgment of the [[department]] board, the licensee is not complying with sections 302A-424 to 302A-428 or the rules that may be adopted by the board. The notice of hearing shall be served personally or sent to the licensee by registered or certified mail with return receipt at the licensee's last known address.
(b) Notice of suspension or revocation shall be served personally upon the licensee or sent to the licensee by registered or certified mail with return receipt, and the licensee shall forward the licensee's license at once to the department, and cease at once to operate the private trade, vocational, or technical school.
(c) All proceedings shall be subject to chapter 91."
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. 17. Section 302A-427, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-427]] Powers of [[department]] board; licensing. No license shall be issued under sections 302A-424 to 302A-428 until the [[department]] board has approved the method and content of the advertising, the standards and the methods of instruction, and the equipment provided. The [[department]] board may consult with trade or vocational experts as to the equipment provided and the standards and methods of instruction offered. The [[department]] board may adopt reasonable rules relating to the enforcement of sections 302A-424 to 302A-428."
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. 18. Section 302A-429, Hawaii Revised Statutes, is amended to read as follows: "§302A-429 Work-based learning program authorized. To provide students with opportunities to apply knowledge and skills acquired in the classroom to real life work experiences, [[the department]] a board may establish and regulate a work-based learning program under conditions determined by [[the department]] a board and the University of Hawaii."
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. 19. Section 302A-431, Hawaii Revised Statutes, is amended to read as follows: "§302A-431 Rules; reporting. (a) The board and the board of regents of the University of Hawaii may adopt necessary rules under chapter 91 to administer and implement sections 302A-429 to 302A-431, including the adoption of safety guidelines and safety inspection procedures of facilities where students are placed. [[The department]] A board and the University of Hawaii shall inspect each facility annually prior to the placement of students with these facilities.
(b) [[The department]] Each board and the University of Hawaii shall submit a biennial report to the governor and the legislature prior to the convening of each regular session in the first year of each biennium that identifies the cost impacts to the State of providing workers' compensation coverage for students under sections 302A-430 and 302A-440. [L 1996, c 89, pt of §2; am L 1997, c 344, §4]""
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. 20. Section 302A-431_.5, Hawaii Revised Statutes, is amended to read as follows:""
[[§302A-431.5]] School-to-work transition program; [[established]] establishment. [[There There is established within the department of education]] A district school board may establish a school-to-work transition program. [L 1996, c 91, pt of §1]"
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21. Section 302A-432, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-432]] Adult and community education authorized. To provide increased opportunity for the people of Hawaii, [[the department shall]] a board may establish and regulate a program of adult and community education of less than college grade. [[The department shall]] A board may provide public school buildings and other facilities, and use public school equipment under conditions determined by [[the department]] a board, when the equipment is needed, for adult and community education programs."
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22. Section 302A-433, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-433]] Scope of adult and community education programs offered. As rapidly as resources are available and interest is developed, a board may initiate instructional programs [[shall be initiated]] in, but not limited to, the following fields:
(1) Basic elementary education. A foundation program in reading and speaking English, writing, and arithmetic for persons with no schooling or only primary grade training;
(2) Advanced elementary education. A program in advanced elementary education for those persons who have completed four to eight years of schooling and who desire to obtain more complete mastery of the fundamentals;
(3) Secondary education. A program of secondary education for those adults who, in youth, left school or for some reason had their education curtailed and who now desire to continue their education; for those youths who have been excepted from compulsory attendance under section 302A-1132; and for those youths who are in need of courses to complete their high school graduation requirements;
(4) Adult literacy education. A basic program in reading and writing English, and arithmetic for persons who need to develop or improve their mastery of basic literacy skills in these areas for purposes of enhancing their personal, social, or employment lives;
(5) Homemaking and parent education. A program in homemaking and parent education for all those parents and other adults who desire training in family life, including child care, nursing, budgeting, and other instruction basic to homemaking;
(6) Community education. A program to facilitate understanding and enlightenment in civic duties, responsibilities, and obligations for all persons who desire to keep pace with today's community, national, and world developments and who realize the necessity of continuing study for the adequate fulfillment of their civic functions. Community education addresses responsibilities within a given community, especially concerns related to education and the schools, and offers additional services to supplement and enrich the educational program of in-school children and youths;
(7) Naturalization training. The standard course of training provided by the United States Immigration and Naturalization Service, which shall be provided to all those persons who have filed applications for United States citizenship and desire to enroll in such a course under the supervision of the department; and
(8) Cultural opportunities. A program of adult and community education that will meet the interests and desires of those people who wish to enrich and to broaden their cultural, recreational, and social interests."
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23. Section 302A-434, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-434]] [[Advisory council]] Public input for adult and community education. [[The board shall appoint an advisory council for adult and community education composed of fifteen or more representatives of industry, labor, civic organizations, and education. Appointments shall be for a term of two years with reappointments optional but not to exceed a total of six years on the advisory council]] If a board chooses to initiate adult and community education programs, the board shall solicit public input as to the types of programs a board should offer to the community."
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24. Section 302A-435, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-435]] Financing adult and community education program. The financial support for this program shall be in part from fees collected from students enrolled, and in part from public funds appropriated for this purpose. Fees shall be set in accordance with [[the]] recommendations [[of the advisory council]] from a district board, and may be collected from students regularly enrolled; provided that:
(1) Adults registered with the department of labor and industrial relations and unemployed shall be granted free enrollment in such courses as will tend to assist these persons in securing employment;
(2) Adults certified by the department of human services as indigent may be enrolled on a nonfee basis in classes that will tend to assist these persons in becoming self-sustaining;
(3) Discharged veterans who are entitled to federal educational assistance shall be enrolled upon authorization of the Department of Veterans Affairs and fees shall be charged against federal funds in accordance with Department of Veterans Affairs contract regulations; and
(4) Administrative and supervisory costs, costs of instruction, and all other necessary expenses not covered by fees and other authorized charges shall be paid for out of funds appropriated for this purpose."
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25. Section 302A-436, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-436]] Departmental duty toward exceptional children. (a) It is hereby declared to be of vital concern to the State that all exceptional children residing in the State be provided with instruction, special facilities, and special services for education, therapy, and training to enable them to live normal competitive lives. In order to effectively accomplish this purpose, the department, in conjunction with the boards, shall establish and administer instruction, special facilities, and special services for the education, therapy, and training of exceptional children, and provide in connection therewith corrective therapy, together with academic, occupational, and related training. The department and boards shall cooperate with other agencies of the State charged with the administration of laws providing any type of service or aid to the exceptional child, and with the United States government through any appropriate agency or instrumentality in developing, extending, and improving the foregoing instruction, special facilities, and special services.
(b) This program shall include boarding facilities, when necessary, special classes in schools or homes, and such other facilities as shall be required to render appropriate services to the exceptional child. Existing facilities, buildings, and equipment belonging to, or operated by, the State shall be made available for these purposes when use thereof does not conflict with the primary use of the facilities."
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26. Section 302A-438, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-438]] Facilities, service, when required. Where one or more exceptional children are found in any one district superintendent's district, the superintendent of education shall assist the district superintendent in providing [[provide]] instruction, special facilities, and special services according to the specifications of sections 302A-436 to 302A-443 in a manner most expedient and economical."
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27. Section 302A-442, Hawaii Revised Statutes, is amended to read as follows:"§302A-442 Occupational therapy services, physical therapy services, school health services, mental health services, psychological services, and medical services for diagnostic or evaluative purposes. (a) The department of health, within the funds available, shall be responsible for the related services of school health, mental health, psychological, and medical services for evaluation or diagnostic purposes, and, within the funds available, shall provide for those exceptional children who need these services and who attend public school in the State.
(b) The department of education and each respective board, within the funds available, shall be responsible for the related services of occupational therapy and physical therapy for evaluation or diagnostic purposes, and, within the funds available, shall provide for those exceptional children who need these services and who attend public school in the State.
(c) The department of health shall work in cooperation with the department of education and each respective board to implement this section. The procedures to implement this section shall be in accordance with the rules of the department of health [[and]] , the district school boards, and the department of education."
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28. Section 302A-443, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "[[§302A-443]] Administrative hearing procedures and subpoena power relating to the education of handicapped children. (a) An impartial hearing may be requested by any parent or guardian of a handicapped child, or by [[the department]] a district board, on any matter relating to the identification, evaluation, program, or placement of a handicapped child. The department shall adopt rules that conform to the requirements of any applicable federal statutes or regulations pertaining to the impartial hearing based on the education of a handicapped child. The rules shall require that any party may be present at the proceeding, be accompanied and advised by counsel or individuals with special knowledge or training with respect to the problems of handicapped children, may require witnesses to be under oath, cross-examine witnesses, and obtain a written or electronic verbatim record of the proceedings."
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29. Section 302A-444, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-444]] Programs for gifted and talented children. [[The department]] District boards may provide a statewide flexible system of educational placement and programs within the [[public school system]] district that the [[department]] district board determines is appropriate for meeting the unique educational needs of gifted and talented children. The nature and scope of [[the department's]] a board's educational placement and programs shall be based on, but not be limited to, the following factors:
(1) The availability of financial and physical resources within the [[department]] district;
(2) The nature of the child's gift or talent; and
(3) Whether the child's educational placement and program should focus on, or be limited to, a particular area of gift or talent, or whether the educational placement and program should address other areas that may be beneficial to the development of the child as a whole."
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30. Section 302A-471, Hawaii Revised Statutes, is amended to read as follows:"[E.] School-to-Work
[[§302A-471]] Hawaii school-to-work executive council; establishment; composition. (a) There is established a Hawaii school-to-work executive council. The members of the council shall be appointed by the governor. The council shall consist of up to, but not more than, twenty-one members. Council membership shall consist of:
(1) Six executive heads of state agencies, serving as ex officio voting members:
(A) The superintendent of education;
(B) The president of the University of Hawaii;
(C) The state director for career and technical education; and
(D) The directors of the departments of business, economic development, and tourism, human services, and labor and industrial relations; and
(2) A member of:
(A) [[The board of education designated by the chairperson of the board of education]] aA district board as designated by the superintendent of education; and
(B) The board of regents of the University of Hawaii designated by the chair of the board of regents.
A student member and a voting majority representing business, industry, labor, and community organizations that include regional representations from all counties shall be appointed pursuant to section 26-34.
(b) The length of service for:
(1) The directors of departments of the State represented on the council shall be limited to the terms of their cabinet appointments;
(2) The terms of the superintendent of education, the president of the University of Hawaii, and the state director for career and technical education shall be limited to their terms of office;
(3) The terms of the [[board of education]] district board members and board of regents members shall be at the discretion of the chairs of the respective boards; and
(4) The terms of all non-state agency head members shall be for three years, commencing on July 1 of the first year and ending on June 30, of the third year.
Terms shall be staggered with one-third of the members being appointed in each fiscal year.
(c) Vacancies shall be filled by the governor for the unexpired term. The governor shall appoint as chairperson of the council a member other than a state agency head or a board [[of education]] or board of regents member who shall be recommended by the council.
(d) The council members shall serve without pay but shall be entitled to their traveling expenses within the State when attending meetings of the council or when actually engaged in business relating to the work of the council."
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. Section 302A-602, Hawaii Revised Statutes, is amended to read as follows:" §302A-602 Teachers; certificates, licenses, and credentials. [L 1996, c 122 amendment retroactive to July 1, 1995.] (a) No person shall serve as a teacher in the department without first having obtained a license from the [board] district school board in such form as the district school board determines. The department shall establish types of certificates in the educational field and the requirements to qualify for those certificates issued to individuals who are not required to obtain a license pursuant to sections 302A-801 to 302A-809.
(b) Beginning with the 2002-2003 school year, no person paid under the salary schedule contained in the unit 5 collective bargaining agreement shall serve as a teacher in [the department] a district without first having obtained a license pursuant to sections 302A-801 to 302A-809 from the district school board in such form as the district school board determines.
(c) Beginning with the 2002-2003 school year, [the department] district school boards may employ unlicensed individuals as emergency hires pursuant to sections 302A-801 to 302A-808."
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. Section 302A-602_5, Hawaii Revised Statutes, is amended to read as follows:"§302A-602.5 Licenses; revocation. (a) The district school board may revoke any license after its issuance if the license holder does not possess the requisite qualifications. The district school board shall provide the license holder an opportunity to justify retaining the license before its revocation. The district school board shall transmit information of a revocation of a license to the district superintendent and the state superintendent within seven days of the revocation.
(b) Upon revocation of the license, the [board] state superintendent may disclose the name, birthdate, social security number, and any other pertinent information about the former holder of the license related to the revocation for the purpose of exchanging information under chapter 315 with other national or state teacher certification agencies about school personnel who have had licenses revoked."
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31. Section 302A-604, Hawaii Revised Statutes, is repealed. [["[[§302A-604]] District superintendents. The superintendent of education, with the approval of the board, shall appoint district superintendents for schools."]]
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32. Section 302A-604_.5, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-604.5]] District business and fiscal officers. (a) [[The department shall]] A board may establish [[eight]] a permanent civil service exempt full-time equivalent business and fiscal officer [[positions]] position [[; provided that four business and fiscal officer positions shall be assigned to the Oahu school districts, with the remaining positions to be assigned to school complexes based on need]]; and provided further that the business and fiscal officer:
(1) Shall have a business and facilities management background;
(2) Shall not be subject to the requirements of chapters 76 and 77; and
(3) Shall not be required to be a certified teacher.
(b) [[Departmental school]] School district business and fiscal officers [[shall]] may be responsible for:
(1) Coordinating physical plant operations and maintenance activities with the department of accounting and general services;
(2) Coordinating the training and selection of school custodians; monitoring the performance of school custodians in accomplishing minor repairs with funds from school-level minor repairs and maintenance accounts; and overseeing these accounts at the direction of school principals;
(3) Planning for capital improvement projects with the department of education and the department of accounting and general services;
(4) Ensuring that school facilities comply with the laws and rules regarding:
(A) The provision of a free appropriate public education for exceptional children with disabilities; and
(B) The provision of a free appropriate public education for qualified students with disabilities;
(5) Assisting the department, individual schools, and school complexes in forming partnerships with community groups, volunteers, and businesses to obtain donated and discounted repair and maintenance services and materials; and
(6) Developing, coordinating, overseeing, and participating in the data collection for the physical plant analysis report and the maintenance plan for each school."
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33. Section 302A-605, Hawaii Revised Statutes, is amended to read as follows:"§302A-605 Principals and vice-principals. (a) Principals shall meet the department's certification requirements and shall have not less than five years of appropriate school-level experience of which at least three years shall have been as a teacher.
(b) Vice-principals shall meet the department's certification requirements and shall have appropriate school-level experience as determined by the department.
(c) On a case-by-case basis, [[the department]] a board may waive the certification requirements and school-level experience for vice-principal candidates with appropriate administrative experience. [[The department shall establish criteria and reasons for waivers pursuant to chapter 91.]]"
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34. Section 302A-606, Hawaii Revised Statutes, is repealed. [["[[§302A-606]] Considerations in appointing teachers. In the appointment of teachers by the department, preference shall be given to local teachers of the same standing, grade, or rating as those teachers from without the State. The rating of a teacher shall not depend upon the number of pupils promoted or graduated, but solely upon the length of service, efficiency, and ability of the teacher."]]
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35. Section 302A-607, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-607]] Probationary period of employment. (a) All teachers, principals, and vice-principals entering the service of [[the department]] a board for the first time shall serve as probationary employees of the department for a minimum period of two consecutive years; provided that:
(1) The consecutive employment may be interrupted by maternity leave, sick leave, or any other leave approved by the department not exceeding a period of three years; by military leave not exceeding a period of five years; or by termination or nonrenewal of the probationary employment contract because of decrease in the number of pupils or for causes over which the department has no control, the period between employment not to exceed five years, without loss of credit for the period of probationary employment; and
(2) At or prior to the end of two years of probation, the department may extend the probationary period of a teacher, principal, or vice-principal for additional periods not to exceed a total of five years.
(b) Any full-time intern teaching period served in the State shall be credited toward fulfillment of the probationary period. Any annual contract with any teacher, principal, or vice-principal during this probationary period of employment may or may not be renewed as the department shall determine. [[The department]] A board, during the probationary period, may discharge or demote a teacher, principal, or vice-principal."
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36. Section 302A-608, Hawaii Revised Statutes, is amended to read as follows:"
[[§302A-608]] Reemployed teachers; rights. After the completion of the probationary period without discharge, such teachers as are thereupon reemployed shall continue in service in the public schools during good behavior and competent service and prior to the age at which the teachers are eligible for retirement, pursuant to section 88-73 or 88-281, and shall not be discharged or demoted except for one or more of the causes specified in section 302A-609. [L 1996, c 89, pt of §2]"
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37. Section 302A-609, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-609]] Causes for discharge or demotion; preferred eligibility list. Causes for the discharge or demotion of a teacher shall be inefficiency or immorality; wilful violations of policies and rules of the department; or for other good and just cause. [[The department]] The board, without a hearing, may terminate the tenure rights of a teacher who fails to return to service, except when caused by illness, following the expiration of an approved leave of absence. Teachers may also be dismissed because of a decrease in the number of pupils or for other causes over which the department, or a board, has no control. Dismissals due to a decrease in the number of pupils or for causes over which the department, or a board, has no control shall begin with those teachers with the least number of years of service. The teachers so dismissed shall be placed on a preferred eligibility list and shall have the right to be restored to duty in the order of length of service whenever vacancies occur in which the teacher is qualified."
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38. Section 302A-610, Hawaii Revised Statutes, is amended to read as follows:deleted."§302A-610 Job-sharing. (a) A job-sharing program is established in the department subject to the requirements in this section.
(b) The superintendent shall announce the job-sharing program to all full-time, tenured, certificated personnel of the department, excluding educational officers, and shall solicit the voluntary requests of personnel interested in participating in the program.
The superintendent, in consultation with the recognized employee bargaining units, shall formulate and adopt guidelines for the implementation of this section. Employees who respond to the announcement and other persons who request information shall receive a full written description of the terms of the program when the guidelines are finalized, and those persons desiring to participate may apply to participate in the program. The employees who apply for participation shall obtain the concurrence of their immediate supervisor, other appropriate personnel officers, and the superintendent. Those persons who qualify then shall be interviewed by a personnel officer of the department.
Upon the selection of a permanent, full-time employee for job-sharing, the superintendent shall convert the position of the employee into two job-sharing positions, one of which shall be filled by the employee, and the other by the hiring of a new hire or by another tenured, certificated employee of the department, excluding any educational officer.
A person hired to fill a job-sharing position shall be recruited through this section and shall possess the minimum requirements of the full-time position that was converted into a job-sharing position under this section.
(c) Benefits that can be divided in half, such as the number of days of sick leave, and are considered to be an equitable share when divided, shall be computed on that basis. Benefits that cannot be divided, such as eligibility for membership in the public employees' health plan shall be given to the job-sharers without the foregoing division, notwithstanding any provision of chapter 87 or 88 to the contrary. The newly hired job-sharer shall be excluded from collective bargaining under chapter 89.
The full-time permanent employee shall not lose membership in an employee bargaining unit because of participation in this program, any other law to the contrary notwithstanding. Union membership or service fees paid by the job-sharer under this section shall be at a level consistent with normal union membership dues or service fees. The State's contribution to the job-sharers' prepaid health, prepaid dental, and group life insurance plans shall be the same as for full-time employees, any other law to the contrary notwithstanding. Job-sharers shall be covered under chapter 386 and the applicable provisions of chapter 383. Service credit for the tenured teacher participating in the program under this section shall be given on the same basis as that for full-time employees. Nothing in this section shall be construed, however, to vest any person with any rights to permanent employment status, whether under civil service or otherwise, which did not exist prior to the participation of the person in the job-sharing program. The granting of tenure shall be under applicable statutes. No full-time position shall be abolished or reduced to a half-time position except for the purpose of job-sharing. In a reduction-in-force procedure, consideration of a job-sharer's tenure rights shall be on the same basis as that of a full-time employee. Nothing in this section shall impair the employment or employment rights or benefits of any employee.
(d) Tenured employees sharing full-time positions with other tenured employees shall not be required to relinquish their duty-free period. The job-sharing team shall submit to its principal a job-sharing proposal that preserves its duty-free period and meets the educational needs of its students. Where the job-sharing team cannot reach a reasonable scheduling agreement, the team may agree to waive its contractual rights by executing a contract waiver.
(e) Participation in the program shall require the commitment on the part of all parties to a contractual agreement for one year; provided that the employee shall be given the option to renew the contract for another year, subject to approval by the immediate supervisor and personnel officer of the department.
(f) No job-sharing position committed to a specified period of time under the terms of the contractual agreement shall be converted to full-time status before the termination of the contractual agreement. A job-sharing vacancy created by the resignation, retirement, or other permanent or temporary severance of employment with the department on the part of any person may be filled by the department either through recruitment of another person pursuant to this section, or by increasing the remaining half-time job-sharing person to full-time employment by mutual agreement.
(g) Upon the termination of contractual agreements, all job-sharing positions shall be renegotiated or reconverted to full-time positions, and the employees who held the full-time positions prior to their participation in the job-sharing program under this section shall be entitled to resume their positions without loss of previous tenure or other employee rights.
(h) Beginning with the 2002-2003 school year, this section shall be interpreted as though the term "certificated" read "licensed" as the latter term is used in subpart D, and as circumstances require."
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39. Section 302A-611, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-611]] Authorized leaves of absence; tenure status unaffected. The granting of authorized leaves of absence by [the department] a board to regularly employed teachers shall not affect any of the tenure rights that the teacher may have acquired prior thereto under section 302A-608."
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40. Section 302A-613, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-613]] Exchange teachers and educational officers; terms of contract. (a) [The superintendent] A board may contract for the exchange of teachers and educational officers of [the State] their district with teachers and educational officers of any other state, country, or territory. Teachers and educational officers of [the State] a district so exchanged shall be paid their regular salaries. The qualifications of all teachers and educational officers from any such state, country, or territory so exchanged shall be equal to the qualifications of the teachers and educational officers exchanged by the [State] district. In the selection of teachers and educational officers to be exchanged, preference shall be given in the following order: teachers over educational officers; principals and vice-principals over other educational officers.
(b) All teachers and educational officers so exchanged by the [State] district shall be furnished transportation to and from the state, country, or territory with which exchanged.
(c) No compensation shall be paid by the [State] district to teachers and educational officers exchanged from any other state, country, or territory; provided that in any case where the exchanged teacher or educational officer sent from Hawaii becomes incapacitated or, for any reason, leaves the exchange position permanently, [the department] a district may pay the visiting exchange teacher or educational officer an amount not to exceed the salary rating of the teacher or educational officer on exchange from Hawaii. The arrangement may continue until the end of the current school year or until such time as some satisfactory adjustment has been made."
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41. Section 302A-614, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-614]] Sabbatical leaves authorized. (a) [The department] A district board may grant a year's or six months' sabbatical leave of absence to any teacher or educational officer who has served seven years in the public schools of the State. The teacher or educational officer shall be guaranteed a return to the teacher's or educational officer's or an equivalent position at the expiration of the leave.
(b) In granting sabbatical leaves, the [department] board shall consider, but not be limited to, the following:
(1) The nature and length of professional educational course work, research, or other professional activity approved by the department; and
(2) Applicant's seniority; provided that seniority shall not be the dominant factor in granting sabbatical leaves.
(c) The leave shall not be extended beyond one year and may not be repeated until after a period of seven additional years of service."
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. Section 302A-615, Hawaii Revised Statutes, is amended to read as follows:"[§302A-615] Pay while on sabbatical. Teachers or educational officers on sabbatical leave shall be paid an amount equal to one-half of the salary to which the teacher or educational officer would be entitled if regularly reappointed. The payments shall be made in regular monthly installments, the last two of which shall not be made until after the teacher or educational officer has returned to the teacher's or educational officer's position in the department. A teacher or educational officer granted sabbatical leave may engage in any form of employment provided the conditions established in section 302A-616 are fulfilled."
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42. Section 302A-616, Hawaii Revised Statutes, is amended to read as follows: "§302A-616 Conditions of sabbatical leave of absence. (a) A teacher or educational officer on sabbatical leave shall devote one-half of the teacher's or educational officer's total leave to professional educational course work, research, or other professional activity approved by the [department] board. [The department] Each board shall establish guidelines and criteria of professional educational course work, research, or other professional activity. Before granting a sabbatical leave to a teacher or educational officer, the [department] board and the teacher or educational officer shall enter into a contract, which shall provide for the following:
(1) That the teacher or educational officer agrees to return to serve in the [department] district, the University of Hawaii, or any community college for a period of not less than two years within one year after termination of the teacher's or educational officer's sabbatical leave;
(2) That upon failure of the teacher or educational officer to comply with paragraph (1), the teacher or educational officer agrees to refund to the [department] board all moneys received while on sabbatical leave;
(3) That upon failure of the teacher or educational officer to comply with paragraph (2), the teacher or educational officer agrees to pay for all costs incurred by the [department] board in enforcing paragraph (2);
(4) That upon failure to comply with paragraph (1), the teacher's or educational officer's Hawaii teaching certificate shall be canceled by the department; and
(4) That upon failure to comply with paragraph (1), the educational officer's Hawaii teaching certificate shall be canceled by the department; and
(5) Any other provisions deemed necessary by the [department] board to be included in the contract.
(b) Beginning with the 2002-2003 school year, this section shall be interpreted as though the term "certificate" read "license", as the latter terms are used in subpart D, and as circumstances require."
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. Section 302A-618, Hawaii Revised Statutes, is amended to read as follows:"§302A-618 Classification, teachers. (a) The designation of any teacher to any given class shall be determined by the department in accordance with licensing requirements.
(b) Any teacher teaching technical school courses who is transferred to a community college under the jurisdiction of the board of regents of the University of Hawaii shall not suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege.
(c) Beginning with the 2002-2003 school year, this section shall be interpreted as though the terms "certification" and "certificate" read "licensing" and "license", as the latter terms are used in subpart D, and as circumstances require."
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43. Section 302A-619, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-619]] Classification, educational officers. The [board] superintendent shall classify all educational officer positions of the department and adopt a classification/compensation plan for these educational officer positions; provided that the classification/compensation plan shall include a classification appeals procedure."
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44. Section 302A-620, Hawaii Revised Statutes, is amended by amending subsections (a) and (c) to read as follows: "[[§302A-620]] Classification/compensation appeals board; adjustments to classification/compensation plan. (a) There shall be established a classification/compensation appeals board within the department for administrative purposes. The appeals board shall be composed of three members. One member shall be appointed by the [board of education] district boards and one member appointed by the exclusive bargaining unit representing educational officers. The third member shall be appointed by the governor and shall serve as chairperson. No member shall be an employee of the department, a member of [the board of education] a district board, or an employee of the organization representing educational officers. The appeals board shall sit as an appellate body on matters of classification/compensation. All decisions of the appeals board shall be by majority vote and be binding on both parties.
[(b) The appeals board shall meet biennially every even-numbered year to receive pricing appeals from affected persons and parties relating to the classification/compensation plan. All petitions for appeal shall be filed with the appeals board within twenty days from the date set by the appeals board for receipt of these appeals.
The appeals board shall meet on a quarterly basis as needed to receive classification appeals. All petitions for educational officer classification appeals shall be filed with the appeals board within twenty working days from the date of receipt of notification of the classification action or twenty working days from the date of receipt of the superintendent's written decision on the employee's internal administrative review appeal.]
[(c)](b)(c) The appeals board shall function independently of the board of education and the department, but may procure office facilities and clerical assistance from them. Neither the appeals board nor any of its members or staff shall consult with any member of the [board of education] boards or department except on notice and opportunity for the appealing employee or the employee's representative to participate.
The appeals board shall adopt policies and standards relative to classification/compensation. The appeals board may adopt rules pursuant to chapter 91 for the conduct of appeal hearings.
[(d) The appeals board shall make whatever adjustments that are necessary to the affected classes where the appeals have been filed in the classification/compensation plan.
The appeals board shall hear pricing appeals and complete the final adjustment to the classification/compensation plan by the first Wednesday of December of all even-numbered years. Following the final pricing adjustment to the classification/compensation plan, the superintendent shall submit to the legislature, through the office of the governor, a report setting forth the classification/compensation plan and the cost thereof for its information and approval. The approved classification/compensation plan shall be effective as of July 1 of each odd-numbered year.
The appeals board shall hear classification appeals on a quarterly basis upon receipt of the appeals. The effective date of the appeals for twelve-month educational officers shall be the first pay period immediately following the receipt of the current position description by the classification/compensation section of the department. The effective date for ten-month officers shall be the beginning of the appropriate semester (September or January).
(e) Notwithstanding any other laws to the contrary, each member of the appeals board shall receive $50 per day for each day on which work is done by them in connection with authorized activities of the appeals board. The cost thereof shall be met by legislative appropriations for the appeals board.]"
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45. Section 302A-621, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-621]] Salary; assistant superintendents, district superintendents, deputy district superintendents. The salaries of assistant superintendents, district superintendents, and deputy district superintendents shall be set by the [board] respective district. Effective July 1, 1991, the salaries of deputy district superintendents shall be not less than $65,683 nor more than $72,886 a year."
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46. Section 302A-622, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-622]] Salary ranges, teachers. Salary ranges for teachers of [the department] a board shall be subject to the requirements of sections 302A-624 and 302A-626 and shall be as follows:
DEPARTMENT OF EDUCATION
SALARY RANGES
POSITIONS DOESR
Class I 1
II 3
III 5
IV 6
V 7
VI 8
VII 9 "
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47. Section 302A-623, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-623]] Salary ranges, educational officers. Salary ranges for educational officer positions of the department shall be determined by the [board] superintendent based on the position classification/compensation plan approved by the board. Salary ranges for educational officer positions shall be subject to the requirements of sections 302A-625 and 302A-626."
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48. Section 302A-624, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-624]] Teachers' salary schedule. (a) The salary schedule for all teachers of [the department of education] a district board shall be negotiated pursuant to section 89-9.
(b) All teachers must meet the following requirements:
(1) A teacher must earn at least five credits within a three-year cycle in order to receive increment or longevity step increases in the third year of the three-year cycle;
(2) A teacher who fails to meet the requirement set forth in paragraph (1) shall not be eligible for any increment or longevity step increases until the teacher earns the credit requirement for the three-year cycle;
(3) Any credit earned in excess of any three-year credit requirement may not be carried over beyond the three-year cycle; and
(4) Credits earned can be in the form of in-service, university, or other credits approved by the department.
(c) A teacher is required to spend at least one year in Class III before going on to Class IV, at least one year in Class IV before going on to Class V, at least one year in Class V before going on to Class VI, and at least one year in Class VI before going on to Class VII.
(d) In case of promotion from a teaching position to an educational officer, the employee shall receive compensation at the lowest step of the higher grade that exceeds the employee's existing compensation by at least eight per cent if such a step exists.
(e) Effective July 1, 1996, the per diem rate for substitute teachers shall be based on the annual entry step salary rate established for a Class II teacher on the most current teachers' salary schedule. The per diem rate shall be derived from the annual rate in accordance with the following formula:
Per Diem Rate = Annual Salary Rate ¸ 12 months ¸ 21
Average Working Days Per Month
(f) Notwithstanding any law to the contrary , a district board may increase the compensation negotiated pursuant to Section 89-9.""
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. Section 302A-625, Hawaii Revised Statutes, is amended to read as follows:"§302A-625 Educational officers' salary schedules. The salary schedule for all educational officers of the department shall be negotiated pursuant to section 89-9."
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49. Section 302A-626, Hawaii Revised Statutes, is amended to read as follows:"§302A-626 Salary increases; annual, longevity. (a) Teachers and educational officers who have completed a year's satisfactory service and who have complied with the other requirements of sections 302A-602 to 302A-640, and 302A-701, shall be entitled to an annual increment.
(b) Teachers and educational officers who have served satisfactorily for three years in their maximum increment step or in any longevity step and who have complied with the other requirements of sections 302A-602 to 302A-640, and 302A-701, shall receive longevity step increases; provided that [the] a board may grant principals and vice-principals longevity step increases more frequently than once every three years pursuant to section 302A-625."
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50. Section 302A-627, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-627]] Salary ratings of entering or reentering teachers; credit for military service. (a) Any teacher with more than one year of teaching experience, and so accredited by the [department] board, entering or reentering the service of [the department] a board shall have the teacher's salary rating determined by the [personnel executive of the department] board, any other law to the contrary notwithstanding, so that the salary rating shall be equal to the salary ratings held by incumbent teachers in the department with the identical number of years of experience.
(b) Any teacher who served on active duty with the armed forces of the United States shall be given credit by the department for the teacher's military service in the determination of the teacher's salary, the teacher's eligibility for leaves of absence, and for all other purposes of seniority. Both reentering and entering teachers shall have each year of their military service or six months thereof credited as a year of teaching experience; provided that no more than four years of credit for military service shall be allowed. Evidence of military service shall be by certificate."
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. Section 302A-628, Hawaii Revised Statutes, is amended to read as follows:"[§302A-628] Change in classification. Any teacher who qualifies for a higher class shall be transferred to the higher class as of the beginning of the next semester and shall receive the salary at the appropriate step and range of the higher class."
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. Section 302A-629, Hawaii Revised Statutes, is amended to read as follows:"[§302A-629] Educational officers; demotion, transfers. Any educational officer demoted to a position in a lower salary range shall continue to be paid the educational officer's previous salary for the first year of the educational officer's demotion, after which time the educational officer shall be compensated at the appropriate step in the salary range to which the educational officer has been demoted. Unless otherwise provided by the department, any educational officer who is in a school in which the school rating has declined to a number that would place the educational officer in a lower classification shall continue to be paid at the educational officer's same salary range as long as the educational officer remains in the same position in the same school."
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51. Section 302A-630, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-630]] Teachers with special assignments, vocational agriculture, and technical school teachers. Teachers with special assignments, where their responsibilities are greater, may be provided additional benefits by the [department] board. In determining additional benefits for vocational agriculture and technical school teachers, the department may allow credit for practical experience."
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. Section 302A-631, Hawaii Revised Statutes, is amended to read as follows:"§302A-631 Educational officers with special assignments; principals and vice-principals at special needs schools. (a) Educational officers at the state, district, and school levels with special assignments, where their duties and responsibilities are greater than the duties and responsibilities falling within the scope of their ordinary duties and responsibilities, shall be provided additional benefits by the department.
(b) Principals and vice-principals at special needs schools shall be provided additional benefits by the department pursuant to section 302A-625. As used in this subsection, "special needs schools" means those schools having a relatively large proportion of students exhibiting low performance, as indicated by such factors as low standardized achievement test scores, a high retention rate, and a low graduation rate for the area."
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52. Section 302A-632, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-632]] Additional benefits to certain teachers. [The department] A board shall provide additional benefits to grade level chairpersons, department heads, registrars, and librarians in schools. [The department] A board shall also provide additional benefits to teachers assigned to schools in areas designated as limited environment communities by the department."
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53. Section 302A-633.5, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-633.5]] School personnel engaged in instructional work, other than teachers and educational officers. (a) [The board of education] A board shall appoint teaching assistants, educational assistants, bilingual/bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work/study assistants, alternative school educational/supportive services specialists, and alternative school project coordinators as may be required to carry out the purposes of this chapter. [The] A board, in consultation with the department of human resources development, shall prescribe the duties and qualifications for positions, adopt classification systems, classify and fix the compensation of positions accordingly, provide a classification appeals procedure, and establish probationary and other requirements for tenure that protects employees from being disciplined without proper cause.
(b) Employees in positions under subsection (a) shall be [board of education] district board appointees exempt from chapter 76, but the application of section 89-6 with respect to collective bargaining coverage and the employer for purposes of collective bargaining shall not be affected. Except for rights or benefits specifically conditioned upon membership in the civil service, the wages, hours, benefits, and other terms and conditions of employment for these employees in existence on July 1, 2002 shall remain in effect, but may be changed as provided in chapter 89 or 89C, as applicable. Any employee who is a member of the civil service on July 1, 2002 shall be granted tenure by the board of education without the necessity of meeting any probationary or other requirements for tenure that the board [of education] establishes."
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54. Section 302A-633.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:"[[§302A-633.6]] Allocations for coaches. (a) Persons who serve as coaches for school activities shall be paid a portion or all of their allocation for their services, which shall increase by the same percentage as specified in a collectively bargained agreement negotiated for bargaining unit (5) and in force for that time period. Coaches covered by this section may request the department of budget and finance to dispense their allocation directly to the school to be used for the benefit of the coaches' team.
(b) The base stipend for coaches shall be the compensation amounts for coaches for the 2000-2001 school year. Effective July 1, 2003, the base stipend for all coaches of [[department of education]] a board activities shall be increased by fifty per cent for coaches who are employed by [[the department of education]] a board in a teaching capacity and by twenty-five per cent for coaches who are not employed by [[the department of education]] a board in a teaching capacity."
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55. Section 302A-636, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-636]] Cafeteria managers. All cafeteria managers employed [[in the department]] by a board shall be employed under chapter 76 and shall have their salaries fixed in accordance with chapter 77, and the monthly rates of basic compensation so determined shall be payable over a twelve-month period without proration or deduction for periods when school is not in session. Cafeteria managers shall have the same vacation and sick leave allowances as school teachers and principals."
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56. Section 302A-637, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-637]] Cafeteria workers. All cafeteria workers employed [[in the department]] a board shall be employed under chapter 76 and shall have their compensation fixed in accordance with chapter 77, and the monthly rates of basic compensation so determined shall be payable for employment over a twelve-month period. All cafeteria workers shall be employed on a full-time basis, except that a limited number of part-time workers may be employed by [[the department]] a board. No cafeteria worker employed on a part-time basis shall work less than twenty hours per week. [The department] A board shall establish a schedule, based on factors that determine the need for part-time workers, fixing the number of part-time workers that may be employed by the department."
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57. Section 302A-638, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-638]] Evaluation of teachers and educational officers. [The department] A board shall establish an evaluation program for all teachers and educational officers. The evaluation shall be performed at least once in each school year. The program shall define the criteria for evaluation and assign responsibilities for the application of the criteria. The evaluation of a teacher or educational officer shall be on the basis of efficiency, ability, and such other criteria as [the department] a board shall determine."
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58. Section 302A-640, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-640]] Public schools; minimum staffing levels. (a) Schools with only one class for each grade level in kindergarten through grade six shall be exempt from the average statewide class size ratio that may be established under any collective bargaining agreement between the teacher's exclusive bargaining representative and [the department] a board. These schools shall maintain a minimum staffing level of not less than one full-time equivalent teacher position per grade level per school, for kindergarten to grade six. This subsection shall not apply to a school with fewer than twelve students in any one grade level.
(b) [The department] A board shall carry out the purposes of this section using existing resource teachers within the state and district offices."
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59. Section 302A-703, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-703]] Educational officers, salary incentives. (a) The salary ranges for principal and vice-principal positions within a district shall be determined by the respective board. [, based on the position classification/compensation plan approved by the board and salary incentives designed to:
(1) Keep exemplary principals and vice-principals at the school level;
(2) Encourage exemplary principals and vice-principals to accept long-term assignments to hard-to-staff schools, special needs schools, and schools with high teacher turnover;
(3) Encourage exemplary teachers to become vice-principals;
(4) Encourage exemplary vice-principals to become principals; and
(5) Encourage exemplary educational officers to become vice-principals.
(b) The department shall develop a definition of "exemplary" in consultation with the appropriate collective bargaining representative.]
Salary ranges and salary incentives for educational officer positions shall be subject to the requirements of sections 302A-625 and 302A-626."
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60. Section 302A-704, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-704]] Tuition assistance for exemplary teachers to attend the University of Hawaii. (a) The superintendent, subject to the availability of funds, may award tuition assistance to exemplary teachers who want to become vice-principals in Hawaii's public schools, and who are:
(1) Residents of the State, as defined by the board of regents pursuant to section 304-4; and
(2) Taking courses that will lead to certification as a public school principal, on any campus of the University of Hawaii.
(b) The superintendent shall adopt rules in accordance with chapter 91 to carry out the purposes of this section. The rules shall include:
[(1) A definition of "exemplary teacher" as determined under section 302A-703(b);
(2)](1) Descriptions of the minimum academic qualification of students who may be awarded full or partial tuition assistance under this section;
[(3)](2) Listings of acceptable fields of study, degrees, and periods of eligibility for students who may be awarded tuition assistance under this section;
[(4)](3) Procedures for demonstrating the ongoing, satisfactory academic performance of students who have accepted tuition assistance under this section;
[(5)](4) Explanations of any obligations for students who have accepted tuition assistance under this section;
[(6)](5) Procedures for administratively transferring moneys for tuition assistance awarded under this section from the department of education to the University of Hawaii; and
[(7)](6) Procedures for enforcing this subsection.
(c) Chapters 42F, 103D, and 103F shall not apply to this section."
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. Section 302A-803, Hawaii Revised Statutes, is amended to read as follows:"§302A-803 Powers and duties of the board. In addition to establishing standards for the issuance and renewal of licenses and credentials and any other powers and duties authorized by law, the board's powers shall also include:
(1) Setting and administering its own budget;
(2) Adopting, amending, repealing, or suspending the policies, standards, or rules of the board in accordance with chapter 91;
(3) Receiving grants or donations from private foundations, and state and federal funds;
(4) Submitting an annual report to the governor and the legislature on the board's operations and from the 2007-2008 school year, submitting a summary report every five years of the board's accomplishment of objectives, efforts to improve or maintain teacher quality, and efforts to keep its operations responsive and efficient;
(5) Conducting a cyclical review of standards and suggesting revisions for their improvement;
(6) Establishing licensing and credentialing fees in accordance with chapter 91, including the collection of fees by means of mandatory payroll deductions, which shall subsequently be deposited into the state treasury and credited to the Hawaii teacher standards board revolving fund;
(7) Establishing penalties in accordance with chapter 91;
(8) Granting extensions of credentials on a case-by-case basis pursuant to section 302A-805; provided that this paragraph shall be repealed on June 30, 2002;
(9) Issuing, renewing, revoking, suspending, and reinstating licenses and credentials;
(10) Reviewing reports from the department concerning the number of individuals hired on an emergency basis;
(11) Applying licensing and credentialing standards on a case-by-case basis and conducting licensing and credentialing evaluations;
(12) Preparing and disseminating teacher licensing information to schools and operational personnel;
(13) Approving teacher preparation programs;
(14) Administering reciprocity agreements with other states relative to licensing;
(15) Conducting research and development on teacher licensure systems, beginning teacher programs, the assessment of teaching skills, and other related topics;
(16) Participating in efforts relating to teacher quality issues, conducting professional development related to the board's standards, and promotion of high teacher standards and accomplished teaching; and
(17) Adopting applicable rules and procedures."
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61. Section 302A-804, Hawaii Revised Statutes, is amended to read as follows: "§302A-804 Powers and duties of the [department] district school board. The [department] district school board shall retain all of its rights and powers except for the authority provided to the board under this subpart. The [department's] district school board's powers and duties under this subpart shall be limited to:
(1) Hiring, except in emergency situations as described in this chapter, licensed teachers to teach in their fields of licensing;
(2) Reporting data annually to the [board] legislature about the supply of, and demand for, teachers, including the identification of shortage areas, out-of-field teaching assignments, numbers of teachers teaching out-of-field, numbers and types of courses and classes taught by out-of-field teachers, and numbers and types of students taught by out-of-field teachers;
(3) On an emergency and case-by-case basis, hiring unlicensed individuals; provided that:
(A) A list of the names, work sites, teaching assignments, and progress toward licensing of these individuals shall be reported to the board and any changes shall be updated on a monthly basis by [tthe department] a board;
(B) There are no properly licensed teachers for the specific assignments for which the individuals are being hired; and
(C) No individual may be employed by [the department] a board on an emergency basis for more than four years. During this time the individual must demonstrate active pursuit of licensing in each year of employment;
(4) Submitting an annual report to the [board] legislature documenting:
(A) The number of emergency hires by subject matter areas and by schools;
(B) The reasons and duration of employment for the emergency hiring enumerated in subparagraph (A);
(C) Individual progress toward licensing; and
(D) The [department's] board's efforts to address the shortages described in subparagraph (A); and
(5) Providing any other information requested by the [board that is pertinent to its powers and duties] legislature."
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. Section 302A-805, Hawaii Revised Statutes, is amended to read as follows:"§302A-805 Teachers; license or credential required; renewals. (a) Beginning with the 1997-1998 school year, no person shall serve as a teacher in a public school without first having obtained a license or credential from the department under this subpart. All licenses issued by the department shall be renewable every five years, if the licensee continues to satisfy the board's licensing standards. All credentials issued by the department shall be renewable every year, up to a maximum of three years, if the credential holder continues to satisfy the board's credentialing standards and actively pursues appropriate licensing. For the 2000-2001 and 2001-2002 school years only, the board may, on a case-by-case basis, extend a credential for one year, but no more than twice for any credential holder; provided that the individual seeking an extension meets the following requirements and submits a written request to the board consisting of:
(1) Copies of the department's form C with supporting documents that demonstrate active pursuit of and satisfactory progression in license requirements;
(2) Documentation of extenuating circumstances that explain the need for an extension or lack of availability of programs and courses required for licensing;
(3) Narrative evaluation from current and past school principals documenting teaching performance according to the board's performance standards;
(4) Submittal of the credential holder's proposed action plan to meet all licensing standards;
(5) Documentation of passing scores for basic skills tests or documented evidence, which the individual maintains, of concerted effort to pass the basic skills test, beyond mere retaking of the test; and
(6) Documentation of passing scores for applicable subject matter content tests unless the subject matter is integrated into the teacher preparation program.
This subsection shall be repealed on June 30, 2002.
(b) The board shall consider the following in granting any extension:
(1) The diligence with which the credential holder has pursued licensing;
(2) The extenuating circumstances and the extent to which the individual has been subjected to constraints beyond the individual's control to the timely completion of all licensing requirements;
(3) Evidence of strong teaching performance according to the board's performance standards; and
(4) Likelihood of successful implementation of the credential holder's proposed action plan.
This subsection shall be repealed on June 30, 2002.
(c) Beginning July 1, 2002, all new licenses shall be issued by the board. No person shall serve as a half-time or full-time teacher in a public school without first having obtained a license from the board under this subpart. All licenses issued by the board shall be valid only for the fields specified on the licenses and shall be renewable every five years if the individual continues to:
(1) Satisfy the board's licensing standards;
(2) Show evidence of successful teaching in the previous five years; and
(3) Satisfy the board's requirements for renewal of licenses.
Teachers whose licenses expire on June 30, 2002, or June 30, 2003, shall be granted an automatic extension of two years. No person shall be issued a license or teach on an emergency basis in the public schools without having first paid the fees established by the board in accordance with chapter 91."
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. Section 302A-807, Hawaii Revised Statutes, is amended to read as follows:"§302A-807 Refusal, suspension, revocation, and reinstatement of licenses and credentials. (a) The board shall serve as the final adjudicator for appeals relating to licensing and credentialing, including the issuance or nonissuance of licenses and credentials, and the suspension, nonrenewal, and revocation of licenses and credentials.
(b) The board shall establish procedures for the conduct of proceedings for the consideration of requests filed with the board. In every case to revoke or suspend a license or credential, the board shall give the person concerned written notice that a request has been filed with the board. The board shall conduct a hearing in conformity with chapter 91, and shall provide for confidentiality of the proceedings to protect the parties. In all proceedings before it, the board may administer oaths, compel the attendance of witnesses and production of documentary evidence, and examine witnesses. In case of disobedience by any person to any order of the board or to any subpoena issued by the board, or the refusal of any witness to testify to any matter that the person may be questioned lawfully, any circuit judge, on application of the board or a member thereof, shall compel obedience in the case of disobedience of the requirements of a subpoena issued by a circuit court or a refusal to testify.
(c) Any applicant who has been refused a license or credential, or any licensee or credential holder whose license or credential has been suspended or revoked, shall have the right to appeal the board's decision to the circuit court of the circuit in which the applicant, licensee, or credential holder resides in the manner provided in chapter 91; provided that out-of-state resident applicants shall file their appeals in the first circuit court.
(d) Upon revocation of a license or credential, the board may disclose the name, birthdate, social security number, and any other pertinent information about the former holder of the license or credential:
(1) To the department; and
(2) For the purpose of exchanging information under chapter 315 with other national or state teacher certification agencies about school personnel who have had licenses or credentials revoked."
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62. Section 302A-1002, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows: "[[§302A-1002]] Reporting of crime-related incidents. The [board] department shall adopt rules pursuant to chapter 91 to:
(1) Require a report to appropriate authorities from a teacher, official, or other employee of [the department] a board who knows or has reason to believe that an act has been committed or will be committed, which:
(A) Occurred or will occur on school property during school hours or during activities supervised by the school; and
(B) Involves crimes relating to arson, assault, burglary, disorderly conduct, dangerous weapons, dangerous drugs, harmful drugs, extortion, firearms, gambling, harassment, intoxicating drugs, marijuana or marijuana concentrate, murder, attempted murder, sexual offenses, rendering a false alarm, criminal property damage, robbery, terroristic threatening, theft, or trespass;"
(2) Establish procedures for disposing of any incident reported; and
(3) Impose, in addition to any other powers or authority the department may have to discipline school officials, appropriate disciplinary action for failure to report these incidents, including probation, suspension, demotion, and discharge of school officials."
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63. Section 302A-1004, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:"§302A-1004 Educational accountability system; annual reports. (a) The department shall implement a comprehensive base system of educational accountability to motivate and support the improved performance of students and the education system. This accountability system shall:
(1) Include student accountability; school or collective professional accountability; individual professional accountability for teachers, principals, and other employees; and public accounting for other significant partners to the education process (including, but not limited to, parents, community members, businesses, higher education, media, and political leadership);
(2) Link authority and adequate resources to responsibility;
(3) Define clear roles for all parties and lines of responsibility and mutual obligation and develop a collaborative process with stakeholders, including representatives of appropriate bargaining units, parents, administration, and students;
(4) Involve fair and adequate assessment against agreed upon goals;
(5) Invoke a full and balanced set of appropriate consequences for observed performance, including rewards and recognition for those schools that meet or exceed their goals, assistance to those that fall short, and sanctions for those that given adequate assistance and ample time, continue to fail to meet goals;
(6) Involve:
(A) A statewide student assessment program that provides annual data on student, school, and system performance at selected benchmark grade levels in terms of student performance relative to statewide content and performance standards and embodies high and rigorous expectations for the attainment of all students; and
(B) An annual assessment in core subjects for each grade level, as conducted by each school;
(7) Involve a comprehensive school profile or report card for each school, which shall include, but not be limited to, student performance measures, school attendance, drop-out rates, and parental involvement. These reports shall be made available annually to the board, the governor, the legislature, the parents, and the general public;
(8) Require that teachers and administrators engage in the continuous professional growth and development that ensure their currency with respect to disciplinary content, leadership skill, knowledge, or pedagogical skill, as appropriate to their position. This requirement may be established by the department in terms of credit hours earned or their equivalent in professional development activity certified by the department as appropriate in focus and rigor; and
(9) Establish an explicit link between professional evaluation results and individual accountability through professional development of the knowledge, skill, and professional behavior necessary to the position, by requiring that results of the professional evaluation be used by the department to prescribe professional development focus and content, as appropriate.
Beginning with the 2001-2002 school year, the department shall submit to the legislature, the governor, and the board of education at least twenty days prior to the convening of each regular legislative session a report of the specifics of the design of the comprehensive accountability system, as well as the fiscal requirements and legislative actions necessary to create the accountability system.
(b) The department shall submit to the legislature and to the governor, at least twenty days prior to the convening of each regular legislative session, an educational status report that includes but is not limited to the following:
(1) Results of school-by-school assessments of educational outcomes;
(2) Summaries of each school's standards implementation design;
(3) Summary descriptions of the demographic makeup of the schools, with indications of the range of these conditions among schools within Hawaii;
(4) Comparisons of conditions affecting Hawaii's schools with the conditions of schools in other states; and
(5) Other such assessments as may be deemed appropriate by the board.
(c) The department shall provide electronic access to computer-based financial management, student information, and other information systems to the legislature and the auditor. The department shall submit to the legislature and to the governor, at least twenty days prior to the convening of each legislative session, a school-by-school expenditure report that includes but is not limited to the following:
(1) The financial analysis of expenditures by the department with respect to the following areas:
(A) Instruction, including face-to-face teaching, and classroom materials;
(B) Instructional support, including pupil, teacher, and program support;
(C) Operations, including non-instructional pupil services, facilities, and business services;
(D) Other commitments, including contingencies, capital improvement projects, out-of-district obligations, and legal obligations; and
(E) Leadership, including school management, program and operations management, and district management; and
(2) The measures of accuracy, efficiency, and productivity of the department, districts, and schools in delivering resources to the classroom and the student.
(d) The superintendent of education is responsible for the development and implementation of an educational accountability system. The system shall include consequences and shall be designed through a collaborative process involving stakeholders that shall include parents, community members, the respective exclusive representatives, as well as others deemed appropriate by the superintendent.
For the purposes of this section, negotiations under chapter 89 shall be between the superintendent or the superintendent's designee and the respective exclusive representative, and shall be limited to the impact on personnel arising from the superintendent's decision in implementing the educational accountability system. After the initial agreement is negotiated, provisions on the impact of the accountability on personnel may be reopened only upon mutual agreement of the parties."
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64. Section 302A-1101, Hawaii Revised Statutes, is amended to read as follows: "§302A-1101 Department of education;[ board of education;] district boards; superintendent of education. (a) There shall be a principal executive department to be known as the department of education, which shall be headed by an [elected policy-making board] appointed official to be known as the [board] superintendent of education. The [board] superintendent shall have power in accordance with law to formulate statewide educational policy, adopt student performance standards and assessment models, allocate funds to district boards and to monitor school success[, and to appoint the superintendent of education as the chief executive officer of the public school system].
(b) The [board] governor shall appoint, with advice and consent of the senate, and may remove, the superintendent [by a majority vote of its members]. The superintendent:
(1) May be appointed without regard to the state residency provisions of section 78-1(b);
(2) May be appointed for a term of up to four years; and
(3) May be terminated only for cause.
(c) [The] Each board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board, who shall serve for a two-year term without compensation. As the liaison to [the] a board, the military representative shall advise [the] a board regarding state and district education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel. The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, regulations, and policies and may be removed only for cause by a majority vote of the members of [the] a board."
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65. Section 302A-1102, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1102]] Department of education; statewide and regional administrative services. The department shall serve as the central support system responsible for the overall administration of statewide educational policy, interpretation, and development of standards for compliance with state and federal laws, and coordination and preparation of [a systemwide budget for the public schools] appropriations to district school boards. [The department may establish regional administrative units to provide administrative support to the schools for personnel, fiscal, and procurement services.] [The regional administrative units may also be assigned responsibility for the administration and operation of special education programs and special schools]."
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66. Section 302A-1103, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1103]] Principal; authority and responsibility. The role of the principal shall include but not be limited to overseeing the day-to-day management of the school, the primary function of which is to develop and deliver instructional services to students in accordance with statewide district educational policy and standards. The principal shall ensure that the curriculum facilitates the achievement of the statewide student performance standards adopted for the public school system."
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. Section 302A-1104, Hawaii Revised Statutes, is amended to read as follows:"[§302A-1104] Learning support centers. Beginning with the 1995-1996 school year and until June 30, 1999, school-level support for curriculum and instruction shall be provided through learning support centers to be governed by schools within each complex. The centers shall assist school personnel in the delivery of instructional services by providing support through curriculum development, student assessment, staff development, and resource allocation. The types of services offered and the manner in which these services are provided by the centers, as well as the prioritization and allocation of available resources, shall be determined by policies established by each complex. Any regional administrative units established by the department shall be assigned all administrative functions and provide administrative support to the learning support centers."
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67. Section 302A-1105, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1105]] Compensation; expenses. [Board of education] District board members shall be allowed:
(1) Compensation at the rate of $100 per day for each day's actual attendance at meetings;
(2) Transportation fares between islands and abroad; and
(3) Personal expenses at the rates specified by section 78-15, while attending board meetings or while on official business as authorized by the chairperson, when the board meetings or official business require a board member to leave the island upon which the board member resides."
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68. Section 302A-1106, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1106]] Organization; quorum; meetings. [The] A board shall elect from its own membership a chairperson and a vice-chairperson. A majority of all members to which [the] a board is entitled shall constitute a quorum to do business and the concurrence of a majority of all members to which [the] a board is entitled shall be necessary to make any action of [the] a board valid; provided that due notice shall have been given to all members of [the] a board or a bona fide attempt shall have been made to give due notice to all members of [the] a board to whom it was reasonably practicable to give due notice. Meetings shall be called and held, at the call of the chairperson or by a quorum, as often as may be necessary for the transaction of the [department's] board's business."
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. Section 302A-1110, Hawaii Revised Statutes, is amended to read as follows:"[§302A-1110] Educational districts not applicable. The educational districts established by section 4-1 shall not be applicable to, nor alter, the school board or departmental school districts, established by section 13-1, or the school districts established for administrative purposes by the department."
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69. Section 302A-1111, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1111]] Duties of superintendent. (a) [Under policies established by the board, the] The superintendent shall be designated as the chief executive officer of the public school system having jurisdiction over the [internal organization,] operation[,] and management of the public school system, as provided by law; and shall [administer] oversee programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, and such other programs as may be established by law.
(b) Except as otherwise provided, the superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department. The superintendent may use a printed facsimile signature in approving appointments, contracts, and other documents. The superintendent, at such time as may be prescribed by [the board] the boards, shall present to [the] each board full annual reports of the principal transactions within the department during the last completed year, which reports together with such recommendations as tthe [board] boards may think proper, shall be presented to the governor and the legislature."
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70. Section 302A-1112, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1112]] Rules. Subject to chapter 91, [the] a board may adopt rules for the government of all teachers, educational officers, other personnel, and pupils, within its district, and for carrying out the transaction of its business."
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. Section 302A-1113, Hawaii Revised Statutes, is amended to read as follows:"[§302A-1113] Seal. The department shall adopt a seal, the impression of which shall be necessary to authenticate all of its appointments, commissions, final acts of the nature of record, and all other documents issued by it. Upon authorization by the superintendent, a facsimile impression of the seal may be used to authenticate these documents."
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71. Section 302A-1114, Hawaii Revised Statutes, is amended to read as follows: "§302A-1114 Power of appointment, removal. [The department] A board, from time to time, may appoint and remove such teachers, educational officers, and other personnel as may be necessary for carrying out the purposes of sections 302A-201, 302A-301, 302A-401 to 302A-410, 302A-601, 302A-1001 to 302A-1004, 302A-1101 to 302A-1122, 302A-1301 to 302A-1305, 302A-1401 to 302A-1403, and 302A-1501 to 302A-1506, and regulate their duties, powers, and responsibilities, when not otherwise provided by law."
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72. Section 302A-1117, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1117]] Records, evidence. [The] Each board and the department shall cause all its proceedings, doings, and acts to be recorded, and these records, from time to time, shall be filed in the archives of the department. A certified copy of a record or any portion thereof, when signed by the superintendent under the seal of the department, shall be competent evidence of all it contains in any court."
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. Section 302A-1118, Hawaii Revised Statutes, is amended to read as follows:"[§302A-1118] Publications by department. The department may prepare or cause to be prepared, printed, and published, such reports, pamphlets, duplicate certificates, outlines of courses, etc., as in the discretion of the department may seem advisable, and sell or dispose of the publications. All sums of money received from the sale of the publications shall be deposited to the credit of the general fund of the State."
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73. Section 302A-1120, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1120]] Public library system; board control. The [board] superintendent, through the state librarian, shall have direct control of the public library system, but not including school libraries. The [board] department may adopt rules under chapter 91 for the purpose of this section."
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74. Section 302A-1124, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1124]] Mandate to initiate [school/community-based management system] further decentralization. The department, through the boards and its superintendent, shall formulate policies, including criteria and procedures to determine [which schools and learning support centers] districts shall participate in [the system, to initiate a school/community-based management system in the public schools] further decentralization of the educational system."
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75. Section 302A-1125, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1125]] Educational objectives. [The] Each board shall formulate such policy and exercise such control as may be necessary to define a common set of educational goals that the schools subject to [the school/community-based management system] further decentralization shall be responsible for fulfilling. [The] A board shall also be responsible for formulating standards for measuring the efforts of each participating school toward achieving those goals each year. The participating schools shall be free to use all reasonable means to accomplish those goals with the resources available to them."
SECTION 7
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6. Section 302A-1126, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1126]] Waiver of policy, rule, or procedures. Any state agency that may be required to act under state law on a matter affecting an individual school, its school community, or a learning support center shall waive otherwise applicable policies, rules, or procedures when requested to do so by a school, or board, or a learning support center participating in the school/community-based management system unless the agency, within thirty days, can justify a denial to the appropriate authority. The [board] department shall adopt procedures necessary to process waivers initiated by schools, or boards, or learning support centers subject to the school/community-based management system. This section shall apply to collective bargaining agreements as provided for in all relevant collective bargaining agreements negotiated pursuant to chapter 89."
SECTION
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77. Section 302A-1127, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1127]] Rules. [The] A board or the department may adopt rules under chapter 91 to implement sections 302A-202, 302A-1124 to 302A-1126, and 302A-1507."
SECTION
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78. Section 302A-1128, Hawaii Revised Statutes, is amended to read as follows: "§302A-1128 [Department] Board powers and duties. (a) [The department shall have entire charge and control and be responsible for the conduct of all affairs pertaining to public instruction. The department] A board may establish and maintain schools for secular instruction at such places and for such terms as in its discretion it may deem advisable and the funds at its disposal may permit. The schools may include high schools, kindergarten schools, schools or classes for pregrade education, boarding schools, and evening and day schools. [The department] A board may also maintain classes for technical and other instruction in any school where there may not be pupils sufficient in number to justify the establishment of separate schools for these purposes.
(b) [ The department] Each board shall regulate the courses of study to be pursued in all grades of public schools and classify them by methods [the department] a board deems proper; provided that:
(1) The course of study and instruction shall be regulated in accordance with the statewide performance standards established under section 302A-201;
(2) All pupils shall be progressively competent in the use of computer technology; and
(3) The course of study and instruction for the first twelve grades shall enable all students to meet progressive standards of competency in a language in addition to English.
The department shall develop statewide educational policies based on this subsection without regard to chapter 91.
For the purposes of this subsection, the terms "progressively competent in the use of computer technology" and "progressive standards of competency in a language in addition to English" shall be defined by policies adopted by the board. The board shall formulate statewide educational policies allowing the superintendent to exempt certain students from the requirements of paragraphs (2) and (3) without regard to chapter 91.
(c) Nothing in this section shall interfere with those persons attending a summer school."
SECTION
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79. Section 302A-1129, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1129]] Schools; opening and closing. [[The]] A board may open new schools or close existing schools."
SECTION
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80. Section 302A-1130, Hawaii Revised Statutes, is amended by amending subsections (a), (f), and (g) to read as follows: "[[§302A-1130]] Public schools special fees and charges; standards; grouping of students. (a) No equipment, material, or other fees shall be assessed against any pupil in any school, except that the [[department]] boards may assess and collect special fees and charges from pupils for co-curricular activities and from pupils who negligently break, damage, lose, or destroy school books, equipment, or supplies. Any pupil found to be responsible for the loss, destruction, breakage, or damage of school books, which shall include library and textbooks, of equipment, or of supplies, shall make restitution to the school in any manner, including the payment by the pupil or the pupil's parents of the actual replacement costs.
(f) Special fees and charges collected from pupils who negligently break, damage, lose, or destroy school books, equipment, or supplies shall be deposited in a fund and expended by [[the department]] each board under rules adopted pursuant to chapter 91.
(g) [[The department]] Boards may continue to group pupils within any public school in accordance with their abilities and educational needs."
SECTION
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81. Section 302A-1134, Hawaii Revised Statutes, is amended by amending subsections (a) and (c) to read as follows: "[[§302A-1134]] Exclusion from school. (a) If for any reason a child becomes a detriment to the morals or discipline of any school, the child may be precluded from attending school by the principal, with the approval of the district superintendent. [[The department]] A board shall seek the active participation of other public and private agencies in providing help to these children before and after they have left school. An appeal may be taken on behalf of the child to the superintendent of education within ten days from the date of such action.
(c) No child who is seventeen years of age or over shall be admitted to the ninth grade of a public four-year high school, and no child who is eighteen years of age or over shall be admitted to the tenth grade of a public senior high school, except upon the written permission of [[the]] a district superintendent when in the district superintendent's opinion the facts warrant admission."
SECTION
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82. Section 302A-1134.6, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1134.6]] Zero tolerance policy. (a) Any child who possesses, sells, or uses a dangerous weapon or switchblade knife, while attending school or while attending district or department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the district or state superintendent or other individuals designated pursuant to rules adopted by the [[board]] department.
(b) Any child who possesses, sells, consumes, or uses intoxicating liquor or illicit drugs, while attending school or while attending district or department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the district or state superintendent or other individuals designated pursuant to rules adopted by the [[board]] department.
(c) Any child who reasonably appears to have consumed or used intoxicating liquor or illicit drugs prior to attending school or attending district or department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the district or state superintendent or other individuals designated pursuant to rules adopted by the [[board]] department.
(d) In any case of exclusion from school, the due process procedures as set forth in the provisions of Hawaii administrative rules relating to student discipline shall apply.
(e) If a child is excluded from attending school for more than ten days, the district or state superintendent or the district or state superintendent's designee shall ensure that substitute educational activities or other appropriate assistance are provided, such as referral for appropriate intervention and treatment services, as determined by the principal in consultation with the appropriate school staff.
(f) For purposes of this section:
(1) "Dangerous weapon" means a dirk, dagger, butterfly knife, blackjack, slug shot, billy, metal knuckles, or other instrument whose sole design and purpose is to inflict bodily injury or death; provided that firearms are excluded from this definition;
(2) "Illicit drugs" means substances, the possession, distribution, ingestion, manufacture, sale, or delivery of which are prohibited under chapter 329 and chapter 712, part IV; and
(3) "Switchblade knife" is as defined in section 134-52.
[[(g)]] The [[board of education]] department shall adopt rules in accordance with chapter 91 to implement this section."
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83. Section 302A-1136, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1136]] Enforcement. [[The department]] Each board shall be charged with the enforcement of sections 302A-1132 to 302A-1135. Nothing in this section shall relieve any chief of police or police officer of the chief's or officer's responsibility for the enforcement of these sections, but their enforcement shall be subject to the plans and policies of the [[department]] each board."
SECTION
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84. Section 302A-1139, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1139]] Religious education. (a) [[The department]] Each board shall provide for the release of, and shall release, any pupil in any public school from attendance at the public school for a period not to exceed sixty minutes each week during the school year, on such days and during such school hours as [[the department]] each board shall designate, for the purpose of receiving religious instruction from the religious organization of the pupil's choice when the release is requested in writing by a parent, guardian, or other person having custody or control of the pupil. Actual attendance at the sessions of the religious instruction shall count as attendance at the public schools for all purposes where attendance forms the basis of computation.
(b) The privilege of this release shall be withdrawn by [[the department]] a board in case the pupil does not actually attend the sessions of religious instruction. No teacher of the public schools shall participate in religious instruction during the school hours for which the teacher is employed to teach in the public schools, and no public funds shall be used directly or indirectly for religious instruction, at any time when its use would otherwise be required in connection with the regular program of the school."
SECTION
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85. Section 302A-1140, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1140]] Religious holy days. [[The]] A board shall release any public school student from school attendance for the purpose of observing religious holy days that fall on regularly scheduled school days, when the release is requested in writing by a parent, guardian, or other person having custody or control of the pupil. Actual attendance at observances shall count as an excused absence at the public schools for all purposes where attendance forms the basis of computation."
SECTION
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86. Section 302A-1142, Hawaii Revised Statutes, is repealed. [["[[§302A-1142]] School districts. For the better control and management of the public schools, the department may designate school districts, establish their boundaries, and alter the same from time to time as in its discretion it deems most advisable. These districts shall be so arranged that there shall be no unassigned locality."]]
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87. Section 302A-1143, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1143]] Attend school in what district. All persons of school age shall be required to attend the school of the district in which they reside, unless it appears to the [[department]] district superintendent to be desirable to allow the attendance of pupils at a school in some other district, in which case the [[department]] district superintendent may grant this permission."
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88. Section 302A-1146, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1146]] Schools not to sell merchandise, etc. It shall be unlawful for any public school, without the written permission of [[the department]] their respective district board, to operate stores or to sell merchandise, with the following exceptions: school lunches, milk, ice cream, candy, things made or grown at the school as part of the educational program, and in cases where classroom efficiency, uniformity, or standardization of particular supplies is essential, textbooks, equipment, and necessary school supplies and equipment, may be sold by any school. The department, with the advice of the comptroller, shall adopt rules in conformance with chapter 91 necessary for the purposes of this section."
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89. Section 302A-1147, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1147]] Use of school grounds by county recreation departments. [[The]] A board, upon request by a county, shall make school grounds available after school hours in the county where the request is made, for use by the county requesting the same whenever this can be done without interference with the normal and usual activities of the school and its pupils."
SECTION
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90. Section 302A-1148, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1148]] Use of school facilities for recreational and community purposes. All public school buildings, facilities, and grounds shall be available for general recreational purposes, and for public and community use, whenever these activities do not interfere with the normal and usual activities of the school and its pupils. Any other law to the contrary notwithstanding, the department shall adopt rules under chapter 91 as are deemed necessary to carry out the purposes of this section and boards may issue licenses, revocable permits, concessions, or rights of entry to school buildings and grounds for such periods of use as deemed appropriate by [[the department]] a board. All such dispositions, including those in excess of fourteen days, need not be approved by the board of land and natural resources; provided that approval by the board of land and natural resources shall be required when the dispositions are for periods in excess of a year. [[The department]] Each board may assess and collect fees and charges from the users of school buildings, facilities, grounds, and equipment. The fees and charges shall be deposited into a separate fund and expended by [[the department]] each board under rules as may be adopted by the board."
SECTION
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91. Section 302A-1149, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1149]] Use of school facilities for after school child care. [[The department]] Each board may enter into agreements and contracts with individuals, organizations, or agencies for the use of public school buildings, facilities, and grounds for the operation of after school child care programs. [[The]] Each board shall issue such rules as are necessary to carry out the purposes of this section."
SECTION
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92. Section 302A-1301, Hawaii Revised Statutes, is amended to read as follows:"B. Budget
[[§302A-1301]] School system financial accountability. (a) Beginning with the 1995-1997 fiscal biennium, the department's administrative expenditures shall not exceed 6.5 per cent of the total department operating budget unless approved by the legislature.
For purposes of this subpart, "administrative expenses" shall not include costs of personnel whose responsibilities include classroom teaching.
(b) The department shall not transfer any funds appropriated under [[the school-based budgeting program EDN 100 of]] the state budget, except for unforeseeable circumstances that pose a threat to the health and safety of personnel and students, and subject to approval by the governor and notification to the legislature."
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93. Section 302A-1302, Hawaii Revised Statutes, is amended to read as follows: "§302A-1302 School-based budget flexibility. Beginning with the [[1995-1997]] 2005-2007 fiscal biennium, the department shall implement [[school-based budget flexibility for schools, complexes, and learning support centers. The flexibility shall be limited to the school-based budgeting program EDN 100 of the department for all schools except new century charter schools defined in section 302A-101; provided that beginning in fiscal year 1998-1999, and every year thereafter, the department shall distribute the full appropriation due to a new century charter school pursuant to section 302A-1185 directly to the new century charter school]] the following formula for funding district boards:
(a) After retaining the amount allowed under section 1301, the department shall distribute the remainder to each district school board. The amount allocated to each district board shall include:
(1) an amount based on per capita enrollment within the respective district;
(2) an amount for facilities maintenance; and
(3) a subsidy for schools with student enrollments at least ten per cent below the average enrollment of all schools within the state .
(b) Upon receiving an allotment from the department under this chapter, a district board may retain an amount up to 6.5 per cent for administrative costs. The district board shall distribute the remainder to schools within the district in an equitable manner. The board may adopt rules to effectuate the purpose of this chapter pursuant to chapter 91."
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94. Section 302A-1313, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1313]] Federal/state cooperation authorized. The department, in conjunction with a district board, may enter into agreements with any federal agency to construct, repair, or renovate Hawaii public schools on military bases and elsewhere in the State using state or federal funds, subject to the department's educational specifications and standards for facilities. The department and a board shall cooperate with any federal agency to carry out this section."
SECTION
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95. Section 302A-1401, Hawaii Revised Statutes, is amended to read as follows:"C. Federal Funding
[[§302A-1401]] Administration and use of federal funds, including pregrade education. (a) [[The]] A board, designated as the administrators of such funds as may be allotted to the State under federal legislation for public educational purposes, subject to such limitations as may be imposed by congressional action, shall use and expend the funds:
(1) To improve the program of the public schools of the State, including any grades up to the fourteenth grade or such lower grade as shall be prescribed as a maximum for such purposes by the Act of Congress concerned, by expanding the educational offerings, particularly in the rural districts;
(2) For the payment of salaries to teachers;
(3) To employ additional teachers to relieve overcrowded classes;
(4) To adjust the salaries of teachers to meet the increased cost of living, within such limits as may be fixed by, and pursuant to, state law;
(5) To provide for the purchase of supplies, apparatus, and materials for the public schools; and
(6) For any of such purposes and to such extent as shall be permitted by the Acts of Congress concerned.
(b) [[The]] A board shall organize and conduct a program of public pregrade education to the extent that funds provided therefor by the United States government are, or from time to time may become, available. In establishing and carrying on the pregrade education, any such federal funds shall be expended during any school year as nearly as practicable in each of the school supervisory districts of the State in the proportion that the number of inhabitants of each district of less than six years of age bears to the total number of the inhabitants of the entire State within the age limits, as shown by the latest report of the department of health preceding the opening of the school year."
SECTION
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96. Section 302A-1402, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1402]] Custodian of federal funds. The director of finance is designated as custodian of all funds received as the state apportionment under any federal appropriations for public educational purposes and the director shall disburse the funds, pursuant to the requirements, restrictions, and regulations of the federal acts under which the funds may be provided, on vouchers approved by [[the]] a board, or by any subordinate thereunto duly authorized by [[the]] a board."
SECTION
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97. Section 302A-1501, Hawaii Revised Statutes, is amended to read as follows:""PART VI. PROVISIONS AFFECTING FACILITIES
A. Facilities and Equipment
[[§302A-1501]] Noise and climate control at school facilities. (a) [[The department]] Each board shall plan for, and request appropriations necessary to implement, acoustic noise control and air conditioning of existing and new school facilities in areas that are susceptible to extremes of temperature or affected by aircraft, traffic, and other noise. [[The department]] Each board shall develop appropriate standards and consider local conditions for deciding whether acoustic noise control and air conditioning of existing and new school facilities are required for effective classroom instruction. In all cases where acoustic treatment of school facilities is planned, [[the department]] a board shall utilize the services of individuals qualified by training and experience to recommend appropriate noise control procedures and components. Acoustic noise control and air conditioning shall be given equal weight as all other factors in the criteria used by the department in setting priorities for school construction and renovations.
(b) In any case where air conditioners are installed in a particular school, [[the department]] a board may require that the approximate cost of electricity and maintenance for air conditioners not installed by the department of accounting and general services be paid by a private entity until the department establishes temperature and noise standards and a policy relating to air conditioning."
SECTION
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98. Section 302A-1503, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1503]] Donated school equipment and fixtures; repair and maintenance responsibility. (a) The department or a board may accept donations of school equipment or fixtures on behalf of the department, individual schools, or school complexes. Donations that meet current educational specifications or exceed existing educational specifications shall be deemed acceptable in instances where the donations enhance the school environment or improve the administration of school programs in accordance with criteria established by [[the department]] each board pursuant to chapter 91.
(b) In the case of fixtures that are to be installed in existing or new school facilities, the department of accounting and general services shall thereafter be responsible for the repair and maintenance of the donated fixtures. In the case of equipment that supports the school's curriculum and programs, [[the department of education]] each respective board shall thereafter be responsible for the repair and maintenance of the donated equipment.
(c) The department may accept a donation only if the equipment or fixture is useful to enhance the physical environment or safety of a school, or is a benefit to learning.
(d) The private source making a donation shall not be liable upon any claim for injury arising from the donated equipment or fixture; provided that this provision shall not affect the responsibility or liability of manufacturers of defective products nor shall it reflect the responsibilities of negligent persons who cause dangerous conditions that result in injury."
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99. Section 302A-1506, Hawaii Revised Statutes, is amended to read as follows: "[[§302A-1506]] Public school facilities. [[The department]] Each board may enter into such contracts, leases, lease-purchase agreements, or other transactions as may be necessary for the acquisition of public school facilities, including any lands for these facilities, on such terms as it may deem appropriate, subject to approval by the comptroller."
SECTION 5. 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 2001-2002, for the establishment of each local school board and the decentralization of the department of education. SECTION
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100. 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 the purpose of transitioning and preparing the department of education to comply with this Act.SECTION 1016. The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 7102. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION
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103. This Act shall take effect on July 1, 2005 and upon ratification of a constitutional amendment establishing district school boards.SECTION 8. This Act shall take effect upon its approval.
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