HB1987

Report Title:

Principals; Adult Education; Charter Schools; Per Pupil Funding

 

Description:

Enacts education reforms implementing state constitution amendments to decentralize state public school administration to the county/district level, including the appropriation of operating and capital improvement funds on a per pupil basis and a supermajority vote on legislative add-ons, and excluding principals and vice principals from collective bargaining, abolishing the cap on the number of charter schools allowed in the State, and refocusing adult education programs on core government functions.

HOUSE OF REPRESENTATIVES	H.B. NO.	1987
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:

Part I

SECTION 1. The purpose of this Act is to implement amendments to the state constitution to decentralize administration of the state elementary and secondary public education system to seven districts and to provide for certain other reforms as follows:

(1) Allocate state operating and capital improvement funds for public education to each district on the basis of proportional public school enrollment;

(2) Restrict state operating and capital improvement funds for public education retained by the state department of education for state administration to no more than ten per cent of total state operating and capital improvement funds for public education;

(3) Require that legislative action to supplement any operating or capital improvement project funded by any educational district out of its share of statewide operating and capital improvement funds occur by a minimum two-thirds vote of the members of each house;

(4) Remove principals and vice-principals from any collective bargaining unit;

(5) Remove the cap on establishment of new century charter schools; and

(6) Refocus the adult education program on core functions of providing (A) a high school equivalency education, and (B) naturalization training to enable immigrants to become United States citizens.

Part II

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§302A-   Supplemental programs and capital improvement projects. (a) Beginning July 1, 2003, notwithstanding any other law to the contrary, the legislature, by a two-thirds vote of the members to which each house is entitled and by separate legislative bill, may require the creation of a program or the implementation of a capital improvement project not requested or supported, or both, by the relevant educational district.

(b) Beginning July 1, 2003, a program or capital improvement project not requested or supported, or both, by the relevant educational district shall not be deemed valid, and no public moneys may be expended on behalf of such a program or capital improvement project, unless it meets the requirements of subsection (a).

(c) In the event of a conflict between this section and any other law, this section shall control.

§302A-   Allocation of funds. (a) Beginning July 1, 2003, the legislature shall appropriate operating funds to the department on the basis of the public school enrollment in each departmental school district; provided not more than ten per cent of the total appropriation to the department may be expended for state administration.

(b) Beginning July 1, 2003, the legislature shall appropriate capital improvement funds to the department on the basis of the public school enrollment in each departmental school district; provided not more than ten per cent of the total appropriation to the department may be expended for state administration."

Part III

SECTION 3. Section 302A-1182, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [Up to a total of twenty-five schools may be established as new century charter schools. These new] New century charter schools may be established by:

(1) The creation of a new school pursuant to subsection (c);

(2) An existing public school pursuant to subsection (b); or

(3) The creation of a new school, comprising programs or sections of existing public school populations and using existing public school facilities pursuant to subsection (c)."

Part IV

SECTION 4. Section 89-6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

(1) Nonsupervisory employees in blue-collar positions;

(2) Supervisory employees in blue-collar positions;

(3) Nonsupervisory employees in white-collar positions;

(4) Supervisory employees in white-collar positions;

(5) Teachers and other personnel of the department of education under the same salary schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;

(6) Educational officers and other personnel of the department of education under the same salary schedule[;], excluding principals and vice-principals of public schools;

(7) Faculty of the University of Hawaii and the community college system;

(8) Personnel of the University of Hawaii and the community college system, other than faculty;

(9) Registered professional nurses;

(10) Institutional, health, and correctional workers;

(11) Firefighters;

(12) Police officers; and

(13) Professional and scientific employees, other than registered professional nurses.

Because of the nature of work involved and the essentiality of certain occupations that require specialized training, units (9) through (13) are designated as optional appropriate bargaining units. Employees in any of these optional units may vote either for separate units or for inclusion in their respective units (1) through (4). If a majority of the employees in any optional unit desire to constitute a separate appropriate bargaining unit, supervisory employees may be included in the unit by mutual agreement among supervisory and nonsupervisory employees within the unit; if supervisory employees are excluded, the appropriate bargaining unit for these supervisory employees shall be (2) or (4), as the case may be.

The compensation plans for blue-collar positions pursuant to section 77-5 and for white-collar positions pursuant to section 77-13, the salary schedules for teachers pursuant to section 302A-624 and for educational officers pursuant to section 302A-625, and the appointment and classification of faculty pursuant to sections 304-11 and 304-13, existing on July 1, 1970, shall be the bases for differentiating blue-collar from white-collar employees, professional from institutional, health and correctional workers, supervisory from nonsupervisory employees, teachers from educational officers, and faculty from nonfaculty. In differentiating supervisory from nonsupervisory employees, class titles alone shall not be the basis for determination, but, in addition, the nature of the work, including whether or not a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall also be considered."

2. By amending subsection (c) to read:

"(c) No elected or appointed official, member of any board or commission, representative of a public employer, including the administrative officer, director, or chief of a state or county department or agency, or any major division thereof, as well as any first deputy, first assistant, legal counsel, and other top-level managerial and administrative personnel, secretary to top-level managerial and administrative personnel, individual concerned with confidential matters affecting employee-employer relations, part-time employee working less than twenty hours per week except part-time employees included in unit (5), temporary employee of three months' duration or less, employee of the executive office of the governor, household employee at Washington Place, employee of the executive office of the mayor, staff of the legislative branch of the State, employee of the executive office of the lieutenant governor, inmate, kokua, patient, ward or student of a state institution, student help, any commissioned and enlisted personnel of the Hawaii national guard, [or] staff of the legislative branches of the city and county of Honolulu and counties of Hawaii, Maui, and Kauai, except employees of the clerks' offices of said city and county and counties, or principal or vice-principal of a public school, shall be included in any appropriate bargaining unit or entitled to coverage under this chapter."

SECTION 5. Section 96 of Act 253, Session Laws of Hawaii 2000, is amended as follows:

1. By amending subsection (a) of section 89-6, Hawaii Revised Statutes, to read:

"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

(1) Nonsupervisory employees in blue collar positions;

(2) Supervisory employees in blue collar positions;

(3) Nonsupervisory employees in white collar positions;

(4) Supervisory employees in white collar positions;

(5) Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;

(6) Educational officers and other personnel of the department of education under the same pay schedule[;], excluding principals and vice-principals of public schools;

(7) Faculty of the University of Hawaii and the community college system;

(8) Personnel of the University of Hawaii and the community college system, other than faculty;

(9) Registered professional nurses;

(10) Institutional, health, and correctional workers;

(11) Firefighters;

(12) Police officers; and

(13) Professional and scientific employees, who cannot be included in any of the other bargaining units."

2. By amending subsection (f) of section 89-6, Hawaii Revised Statutes, to read:

"(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

(1) Elected or appointed official;

(2) Member of any board or commission;

(3) Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

(4) Secretary to top-level managerial and administrative personnel under paragraph (3);

(5) Individual concerned with confidential matters affecting employee-employer relations;

(6) Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);

(7) Temporary employee of three months' duration or less;

(8) Employee of the executive office of the governor or a household employee at Washington Place;

(9) Employee of the executive office of the lieutenant governor;

(10) Employee of the executive office of the mayor;

(11) Staff of the legislative branch of the State;

(12) Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

(13) Any commissioned and enlisted personnel of the Hawaii national guard;

(14) Inmate, kokua, patient, ward or student of a state institution;

(15) Student help; [or]

(16) Staff of the Hawaii labor relations board[.]; or

(17) Principal or vice-principal of a public school."

SECTION 6. Section 302A-101, Hawaii Revised Statutes, is amended by amending the definition of "educational officers" to read:

""Educational officers" includes [principals, vice-principals, and] professional employees of the state and district offices of the department, except those employees in the classified service. The term does not include principals or vice-principals of public schools."

SECTION 7. 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 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.

(d) The district superintendent, without the approval of the district board, shall appoint principals and vice-principals for schools in the district. Principals and vice-principals shall serve at the pleasure of the district superintendent, but may be terminated only for cause.

(e) Except as otherwise provided by law, the district superintendent shall define the employment conditions of principals and vice-principals, including special assignments, sabbatical leaves, exchanges, evaluations, demotions, and transfers, but excluding compensation."

SECTION 8. Section 302A-613, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The superintendent may contract for the exchange of teachers and educational officers of the State with teachers and educational officers of any other state, country, or territory. Teachers and educational officers of the State 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. 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] school educational officers over [other] district educational officers[.]; and district educational officers over state educational officers."

SECTION 9. Section 302A-621, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-621[]] Salary; assistant superintendents, district superintendents, deputy district superintendents[.], principals, and vice-principals. (a) The salaries of assistant superintendents, district superintendents, [and] deputy district superintendents, principals, and vice-principals for each district shall be set by the district board.

(b) Effective July 1, 1991, the salaries of deputy district superintendents shall be not less than $65,683 nor more than $72,886 a year."

SECTION 10. Section 302A-626, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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 board may grant principals and vice-principals longevity step increases more frequently than once every three years pursuant to section 302A-625]."

SECTION 11. Section 302A-631, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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."

SECTION 12. Section 302A-703, Hawaii Revised Statutes, is amended as follows:

1. By amending its title to read:

"[[]§302A-703[] Educational officers,] Principals, vice-principals, and educational officers; salary incentives."

2. By amending subsection (d) to read:

"(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."

SECTION 13. Section 302A-704, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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) Descriptions of the minimum academic qualification of students who may be awarded full or partial tuition assistance under this section;

(3) Listings of acceptable fields of study, degrees, and periods of eligibility for students who may be awarded tuition assistance under this section;

(4) Procedures for demonstrating the ongoing, satisfactory academic performance of students who have accepted tuition assistance under this section;

(5) Explanations of any obligations for students who have accepted tuition assistance under this section;

(6) Procedures for administratively transferring moneys for tuition assistance awarded under this section from the department of education to the University of Hawaii; and

(7) Procedures for enforcing this subsection."

SECTION 14. Section 302A-801, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the Hawaii teacher standards board, which shall be placed within the department for administrative purposes only. The board shall consist of [thirteen] nineteen members, including not less than six licensed teachers regularly engaged in teaching, [three] two educational officers, one principal or vice-principal, the chairperson of [the board] each of the district boards of education or the chairperson's designee, the superintendent or the superintendent's designee, a representative of independent schools, and the dean of the University of Hawaii college of education or the dean's designee; provided that the dean's designee shall be chosen from the member institutions of the teacher education coordinating committee established under section 304-20."

Part V

SECTION 15. The adult education program was authorized over fifty years ago in order to meet the needs of Hawaii's adult population. Since the passage of this legislation, the size and composition of Hawaii's population has changed dramatically, and the availability and quality of lower education programs in the islands has improved to meet the basic educational needs of the people. The State is entering the new century with a recognition that government provision of goods and services is appropriately limited to those goods and services that will not be provided by the market. Particularly during times of economic stagnation or low growth, state support must be limited to ensuring that the core functions of government take precedence over programs that are desirable, but not necessary. Furthermore, the legislature recognizes that government provision of otherwise marketable services inhibits the growth and diversity of our economy.

The purpose of this part is to require the department of education to focus its adult education program on providing adults and students excepted from compulsory attendance with a high school equivalent education, and providing naturalization training to enable immigrants to become United States citizens.

SECTION 16. 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] The department shall establish and regulate a program of adult [and community] education of less than college grade. The department shall provide public school buildings and other facilities, and use public school equipment under conditions determined by the department, when the equipment is needed, for adult [and community] education programs."

SECTION 17. 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, instructional programs shall be initiated in the following [fields:] areas:

(1) Basic elementary education. [A foundation] For the purposes of this section, "basic elementary education" means a program in reading and speaking English, writing, and arithmetic for persons with no schooling or only primary grade training[;]. The purpose of basic elementary education shall be to prepare persons for advanced elementary education or for naturalization training;

(2) Advanced elementary education. [A] For the purposes of this section, "advanced elementary education" means a program [in advanced elementary] of education for [those] persons who have completed four to eight years of schooling and who desire to obtain more complete mastery of the fundamentals[;]. The purpose of advanced elementary education shall be to prepare persons for secondary education or for naturalization training;

(3) Secondary education. [A] For the purposes of this section, "secondary education" means a program of [secondary] education for [those adults]:

(A) Adults who, [in youth,] as youths, left school or for some reason had their education curtailed and who now desire to [continue their education; for those youths] obtain the general equivalent of a high school diploma;

(B) Youths who have been excepted from compulsory attendance under section 302A-1132; and [for those youths]

(C) 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;] and

[(7)] (4) Naturalization training. [The] For the purposes of this section, "naturalization training" means 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 who 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]."

SECTION 18. 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] the adult education program shall be [in part] primarily from fees collected from students enrolled, and [in part] partially from public funds appropriated for this purpose. Fees shall be set [in accordance with the recommendations of the advisory council,] by the 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] that will [tend to] assist these persons in [securing employment;] obtaining the general equivalent of a high school diploma or becoming naturalized citizens;

(2) Adults certified by the department of human services as indigent may be enrolled on a nonfee basis in [classes] courses that will [tend to] assist these persons in [becoming self-sustaining;] obtaining the general equivalent of a high school diploma or becoming naturalized citizens;

(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."

SECTION 19. Section 302A-434, Hawaii Revised Statutes, is repealed.

["[§302A-434] Advisory council 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."]

Part VI

SECTION 20. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 21. This Act shall take effect on July 1, 2002; provided that section 7, regarding section 302A-605(d) and (e), Hawaii Revised Statutes; section 9, regarding section 302A-621, Hawaii Revised Statutes; and section 14, regarding section 302A-801(a), Hawaii Revised Statutes, shall take effect only upon the ratification of amendments to the state constitution establishing district boards of education.

INTRODUCED BY:	_____________________________