SB3018

Report Title:

Regional Boards of Education; Educational Region Commission

 

Description:

Replaces the current board of education with regional boards of education and a statewide board of education composed of its members. Establishes an educational region commission to determine educational regions within the State.

THE SENATE	S.B. NO.	3018
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 Act is to propose an amendment to Article X of the Constitution of the State of Hawaii to restructure Hawaii's public education system by:

(1) Abolishing the current board of education;

(2) Establishing an educational region commission to establish the educational regions within the State;

(3) Establishing a regional board of education within each educational region;

(3) Establishing a statewide board of education composed of the members of the regional boards of education to formulate statewide education policy; and

(4) Providing that the superintendent of education shall serve as the chief executive officer of the department of education and shall be selected by the members of the regional boards of education.

SECTION 2. Article X of the Constitution of the State of Hawaii is amended by adding four new sections to be to read as follows:

"EDUCATIONAL REGION COMMISSION

Section 1A. An educational region commission to establish educational regions within the State shall be constituted on or before January 1, 2003, and every tenth year thereafter and whenever educational region determination is required by court order. The commission shall consist of nine members. The president of the senate and the speaker of the house of representatives shall each select two members. Members of each house belonging to the party or parties different from that of the president or the speaker shall designate one of their number for each house and the two so designated shall each select two members of the commission. The eight members so selected, promptly after selection, shall be certified by the selecting authorities to the chief election officer and within thirty days thereafter, shall select, by a vote of six members, and promptly certify to the chief election officer the ninth member who shall serve as chairperson of the commission.

Each of the four officials designated above as selecting authorities for the eight members of the commission, at the time of the commission selections, shall also select one person from each island (Hawaii, Maui, Oahu, Kauai, Lanai, Niihau, Molokai, and Kahoolawe upon being inhabited) to serve on an educational region advisory council for that island. The councils shall remain in existence during the life of the commission and each shall serve in an advisory capacity to the commission for matters affecting its island.

A vacancy in the commission or a council shall be filled by the initial selecting authority within fifteen days after the vacancy occurs. Commission and council positions and vacancies not filled within the times specified shall be filled promptly thereafter by the supreme court.

The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

Not more than one hundred fifty days from the date on which its members are certified, the commission shall file with the chief election officer an educational region plan for the State which shall become law after publication as provided by law. Members of the commission shall hold office until each educational region plan becomes effective or until such time as may be provided by law.

No member of the educational region commission or an educational region advisory council shall be eligible to become a candidate for election to a regional board of education in either of the first two elections under any such educational region plan.

Educational region commission and educational region advisory council members shall be compensated and reimbursed for their necessary expenses as provided by law.

The chief election officer shall be secretary of the commission without vote and, under the direction of the commission, shall furnish all necessary technical services. The legislature shall appropriate funds to enable the commission to carry out its duties.

EDUCATIONAL REGION DETERMINATION

Section 1B. The educational region commission shall establish regions guided by the following criteria:

1. Every region shall encompass complete school complexes comprising of a high school and its feeder schools comprising of kindergarten, elementary, and middle schools. The schools comprised in a school complex shall not reside in two different educational regions.

2. Educational regions shall be drawn to ensure the effectiveness and efficiency of the public school system.

3. No educational region shall be drawn as to unduly favor a person or political faction.

4. Insofar as practicable, educational regions shall be compact.

5. Where possible, educational region lines shall be drawn to follow permanent and easily recognized features, such as streets, streams and clear geographical features, and when practicable, shall coincide with census tract boundaries.

6. Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided.

STATEWIDE BOARD OF EDUCATION

Section 1C. There shall be established a statewide board of education composed of members of the regional boards of education.

POWERS OF THE STATEWIDE BOARD OF EDUCATION

Section 1D. The statewide board of education shall have the power, as provided by law, to formulate statewide educational policy and appoint the superintendent of education as the chief executive officer of the public school system. The statewide board shall ensure that appropriations of funding among the educational regions are allocated in a fair and equitable manner."

SECTION 3. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"[BOARD] REGIONAL BOARDS OF EDUCATION

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. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education.] There shall be established one regional board of education in each educational region. A regional board of education shall be comprised of five members. The members of each regional board of education shall be elected by qualified voters from the respective educational region and as provided by law. Where a region encompasses more than one inhabited island, the regional board of education shall include at least one member residing in each inhabited island of that region."

SECTION 4. Article X, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"[POWER] POWERS OF THE [BOARD] REGIONAL BOARDS OF EDUCATION

Section 3. The [board] regional boards of education shall have the power, as provided by law, to formulate [statewide] regional educational policy [and appoint the superintendent of education as the chief executive officer of the public school system.] within their respective educational region."

SECTION 5. The question to be printed on the ballot shall be as follows:

"Shall the current board of education be replaced in the following manner:

(1) Establishing an educational region commission to establish educational regions within the State;

(2) Establishing a regional board of education in each educational region;

(2) Providing that the members of a regional board of education shall be elected by voters from the respective region and at least one member shall reside in each inhabited island within an educational region;

(3) Providing that each regional board of education shall formulate educational policy within their respective educational region;

(4) Establishing a statewide board of education composed of the members of the regional boards of education;

(5) Providing that the statewide board of education shall formulate statewide educational policy, appoint a superintendent of education as the chief executive officer of the public school system; and

(6) Providing that the statewide board of education shall ensure that appropriations of funding among the educational regions are allocated in a fair and equitable manner?"

SECTION 6. Regardless of whether or not a member of the board of education is serving a term that would have extended past the 2004 general election, the existence of the board of education and the term of office of all members of the board of education shall end at the 2004 general election. An election for all members of the regional boards of education established by this Act shall be held at the 2004 general election.

SECTION 7. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 8. This Act shall take effect upon its approval; provided that the amendments to the Constitution of the State of Hawaii made by this Act shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________