Report Title:

BOE; Budgeting; Principals; Adult Education; Charter Schools

 

Description:

Proposes amendments to article X of the state constitution to replace the state board of education with 7 district school boards; require each district school board to be composed of 3 elected and 2 appointed members; gives each district school board the power to appoint a district superintendent and to administer curriculum, budgeting, policies, procurement, capital improvements, repair and maintenance, personnel and collective bargaining within the district; retains a state school superintendent appointed by the governor to ensure statewide content and performance standards, distribution of state funds in accordance with state law, and state compliance with federal law.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1986

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. The purpose of this measure is to propose amendments to article X of the state constitution to:

(1) Replace the one state board of education with seven district school boards;

(2) Require each district school board to be composed of three elected and two appointed members;

(3) Authorize each district school board to appoint a district superintendent of education;

(4) Authorize each district school board to make decisions concerning curriculum, budgeting, school policies, procurement, capital improvements, repair and maintenance, personnel and collective bargaining;

(5) Otherwise make each district school board responsible for operating the public schools within its boundaries;

(6) Require the governor to appoint the state superintendent of education; and

(7) Make the state superintendent responsible for developing statewide content and performance standards and ensuring distribution of state funds in accordance with state law and state compliance with federal laws.

SECTION 2. Article X, sections 1, 2 and 3, of the Constitution of the State of Hawaii are amended to read as follows:

"PUBLIC EDUCATION

Section 1. The State shall provide for the establishment, support and control of a statewide system of public schools free from sectarian control, a state university, public libraries and such other educational institutions as may be deemed desirable, including physical facilities therefor. There shall be no discrimination in public educational institutions because of race, religion, sex or ancestry; nor shall public funds be appropriated for the support or benefit of any sectarian or private educational institution, except that proceeds of special purpose revenue bonds authorized or issued under section 12 of Article VII may be appropriated to finance or assist not-for-profit corporations that provide early childhood education and care facilities serving the general public.

The governor, by and with the advice and consent of the senate, shall appoint the state superintendent of education. The state superintendent shall be responsible for developing statewide content and performance standards and ensuring distribution of state funds in accordance with state law and state compliance with federal laws.

[BOARD OF EDUCATION] DISTRICT SCHOOL BOARDS

Section 2. [There shall be a board of education composed of members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from two at-large school board districts. The first school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated. The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law. There shall be at least one member residing in each departmental school district.] There shall be four district school boards for the island of Oahu and all other islands not specifically enumerated, one district school board for the islands of Kauai and Niihau, one district school board for the island of Hawaii and one district school board for the islands of Maui, Lanai, Molokai and Kahoolawe. The boundaries of each school board district shall be established by law.

Each district school board shall be composed of five members; provided that at least one of the five members shall be a public school teacher and at least one of the five members shall be the parent of a student of a public school within the district. Three out of the five members shall be elected in a nonpartisan manner by the qualified voters of that district, as provided by law. Two out of the five members shall be nominated and, by and with the advice and consent of the senate, appointed by the governor, as provided by law.

The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on [the board of education.] each school board.

POWER OF [THE BOARD OF EDUCATION] DISTRICT SCHOOL BOARDS

Section 3. [The board of education] Each district school board shall have the power, as provided by law, to [formulate statewide educational policy and] appoint [the] a district superintendent of education as the school board's chief executive officer [of the public school system].

Each district school board shall be responsible for operating the public schools within its boundaries. Each district school board shall have the power, as provided by law, to make decisions concerning curriculum, budgeting, school policies, procurement, capital improvements, repair and maintenance, personnel and collective bargaining."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall:

(1) The single state board of education be replaced by seven district school boards composed of three elected and two appointed members each;

(2) Each district school board have the power to appoint a district superintendent of education and make decisions concerning the operation of public schools within its boundaries;

(3) The state superintendent of education be appointed by the governor and be responsible for developing statewide content and performance standards and ensuring distribution of state funds in accordance with state law and state compliance with federal laws?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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