SB827

SECTION 1. The legislature finds that Act 46, Session Laws of Hawaii 2020, mandated a common statewide assessment model to assess all students entering kindergarten within the first thirty days of each school year. The Act also provided an option for the assessments to be administered in either English or Hawaiian to reflect the two languages in which kindergarten students in Hawaii are taught.

The legislature further finds that assessments in the Hawaiian language for kindergarten students in Hawaii language immersion programs have the potential to derail long-fought efforts to revitalize the Hawaiian language. While some students entering kindergarten in a Hawaiian language immersion program are fluent in the Hawaiian language due to their prior participation in the Aha Punana Leo Hawaiian language medium early learning and care model, other new students have very little experience with or knowledge of the Hawaiian language. Accordingly, any assessment in the Hawaiian language for these students who do not speak the Hawaiian language would result in poor assessment scores solely due to the student's inability to understand the language of the questions. This in turn would reflect poorly on the schools, discourage future families from pursuing a free education in the Hawaiian language, and ultimately hinder the decades of progress made toward increasing the number of people fluent in the Hawaiian language.

The purpose of this Act is to exempt Hawaiian language immersion programs from the kindergarten assessment requirements under the law.

SECTION 2. Section 302A-1165, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The board of education shall adopt a kindergarten entry assessment, and the department of education shall administer the kindergarten entry assessment[.]; provided that no assessment shall be administered to any kindergarten child enrolled in a Hawaiian immersion program.

(b) The kindergarten entry assessment shall:

(1) Be administered within the first thirty days of each child's admission into kindergarten;

(2) Be a uniform, statewide assessment; [~~provided that the assessment shall be conducted in English or Hawaiian;~~]

(3) Cover all essential domains of school readiness, including:

(A) Language and literacy development;

(B) Cognition and general knowledge;

(D) Physical well-being and motor development; and

(E) Social and emotional development;

(4) Be used in conformance with the recommendations of the National Research Council reports on early childhood; and

(5) Be valid and reliable for its intended purpose."

SECTION 3. Section 302A-1166, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) At least one parent or guardian of each child entering kindergarten shall disclose to the department the name of, address of, and duration of attendance at the early learning program that the child attended during the previous academic year. The department shall also require disclosure of the primary language medium of education of the early learning program attended the previous academic year and if any Hawaiian language, English language, or non-official language of the State was taught in addition to the primary language medium of education. The department may also require the disclosure of any other information not otherwise prohibited by law that would assist the department, the department of human services, and the executive office on early learning in developing, assessing, and implementing strategies to meet the early learning needs of children in the State. The department and the executive office on early learning shall use the information to assist the executive office on early learning and department of human services in determining the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children."

SECTION 4. Section 302D-37, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The commission shall adopt the kindergarten entry assessment adopted by the board pursuant to section 302A-1165(a) to assess all charter school students entering kindergarten within the first thirty days of admission into kindergarten[.]; provided that no assessment shall be administered to any kindergarten child predominately taught in the Hawaiian language."

SECTION 5. Section 302D-38, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) At least one parent or guardian of each child entering kindergarten shall disclose to the public charter school at which the child is enrolled the name and address of the early learning program that the child attended during the previous academic year. The public charter school shall also require disclosure of the primary language medium of education of the early learning program attended by the child for the previous academic year and if any Hawaiian language, English language, or non-official language of the State was taught in addition to the primary language medium of education. Each public charter school shall provide to the commission the information disclosed pursuant to this section. The commission may also require the disclosure of any other information not otherwise prohibited by law that would assist the department, the department of human services, and the executive office on early learning in developing, assessing, and implementing strategies to meet the early learning needs of children in the State. The commission and the executive office on early learning shall use the information to assist the department of human services and executive office on early learning in determining the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children and shall provide the information to the department of human services."

SECTION 6. Section 302D-39, Hawaii Revised Statutes, is amended to read as follows:

"§302D-39 Public early learning and preschool programs; administrative authority. (a) The commission shall have administrative authority over all state-funded early learning programs and private partnership-funded preschool programs in public charter schools except for [~~special~~]:

(1) Special education [~~and~~] programs;

(2) Title I-funded prekindergarten programs[.]; and

(3) Laboratory school programs of the Hawaiian language college as specified in subsection (n).

(b) The early learning programs in charter schools shall enroll no more than a maximum of twenty children per classroom who are three- or four-years-old on or before July 31 of the school year, as aligned with the department's kindergarten age entry requirements.

(c) Subject to the availability of funding, the commission shall implement an application process for schools to establish an early learning program.

(d) Each early learning program and preschool program shall meet the following requirements:

(1) The availability of a classroom and outdoor play area that meet department of human services requirements for the health and safety of three- and four-year-old children and is exempt from section 346-161 as a public preschool provider;

(2) The commitment of the principal to implementing an early learning program, including through active participation in professional development sessions offered through the commission, and promoting continuity and alignment between and across other early learning programs in the community and other grade levels in the school to ensure the positive outcomes of children are sustained;

(3) The inclusion of students with disabilities based on individualized education program placement; provided that:

(A) The in-classroom ratio of students with disabilities shall be based on the inclusion of children with disabilities in proportion to the general population of the school;

(B) Subparagraph (A) does not anticipate or permit imposing caps or quotas on the number of children with disabilities in a program or not individualizing services for children with disabilities under the Individuals with Disabilities Education Act of 2004 (20 U.S.C. 1400 et seq., as amended);

(C) The department shall collaborate with the charter school to coordinate services for students with disabilities who are placed in the classroom offered through the program; and

(D) Funding for all costs associated with the implementation of the individualized education program of students shall be provided through the department;

(4) Enrollment in the program shall be free and voluntary;

(5) The enrollment shall not exceed twenty children per classroom; and

(6) The incorporation of standards that are research-based and developmentally-appropriate practices associated with improved educational outcomes for children, such as:

(A) Positive teacher-child interactions that shall be evaluated through observations conducted by the commission using a research-based tool at least twice a year, for the purposes of professional development; provided that the observations shall not be used for the purposes of teacher evaluation;

(B) The early learning environment shall be assessed using a tool that measures its effectiveness and shall be conducted at least two times per school year by a certified observer who is employed or contracted by the commission; provided that the teaching staff shall use the assessment data and feedback to improve the quality of the learning environment; provided further that observations shall be used for the purposes of professional development and shall not be used for the purposes of teacher evaluation;

(C) Use of individual child formative assessments that are used for ongoing planning relating to all areas of child development and learning including cognitive, linguistic, social emotional approaches to learning, and health and physical development;

(D) Family engagement in partnership with charter schools, including conducting outreach for enrollment and engagement of families in their children's education in recognition of families' role as their child's first and most important teacher;

(E) Alignment with the Hawaii early learning and development standards, department standards, state content and performance standards, and general learner outcomes for grades kindergarten to twelve to facilitate a seamless educational experience for children;

(F) Requirements that any teacher shall have coursework in early childhood education pursuant to Hawaii teacher standards board licensing requirements for a prekindergarten teacher or be enrolled in a state-approved teacher education program and be working toward satisfying the Hawaii teacher standards board licensing requirements; and

(G) Requirements that any educational assistant has a current child development associate credential, coursework for a certificate that meets the requirements for child development associate credential preparation, or be enrolled in and working toward completing a program that prepares the individual to obtain the credential.

(e) The commission shall monitor the implementation of the educational experience for children.

(f) The commission shall provide support to incorporate the standards developed pursuant to subsection (d), including support related to teacher-child interactions, early childhood learning environment, individual child assessments, and family engagement.

(g) Teaching staff participating in a program established pursuant to this section shall participate in coaching and mentoring and professional development opportunities offered through the commission; provided that the commission shall cover the associated travel and substitute teacher costs, contingent upon funding availability. The commission may extend this support, excluding travel and substitute teacher costs, to individuals who are not participating in the program to promote alignment between all grade levels, programs, and settings.

(h) School leaders shall attend professional development sessions related to P-3 (preschool to grade three) alignment offered through the commission. The commission shall cover the costs associated with travel and substitute teacher expenditures, contingent upon the availability of funding. The commission may extend this support, excluding travel and substitute teacher costs, to individuals who are not participating in the program to promote alignment between all grade levels, programs, and settings.

(i) The commission shall work with each charter school to develop and annually update a written three-year plan that promotes, within the school and community, alignment of and transitions between learning experiences, and report on the progress made toward the plan by the end of the school year.

(j) The commission shall coordinate with other agencies and programs to facilitate comprehensive services for early learning.

(k) The commission shall promote the development of a cohesive, comprehensive, and sustainable early learning system. The commission shall coordinate with other early learning providers, including those providing the programs and services, to promote alignment between prekindergarten and elementary school programs and to support children and their families in making successful transitions from prekindergarten into kindergarten.

(l) Each early learning program and preschool program may use available classrooms for public preschool programs statewide.

(m) The commission shall adopt rules pursuant to chapter 91 for the purpose of this section.

(n) Laboratory school programs of the Hawaiian language college shall be exempt from the requirement of this section; provided that the Hawaiian language college shall work annually with:

(1) Its laboratory school programs to improve language and academic outcomes; and

(2) The commission to collect appropriate data from the laboratory school programs to be shared with the department of human services, the department of education, and the executive office on early learning.

[~~(n)~~] (o) The commission shall submit a report to the legislature no later than twenty days prior to the convening of each regular session regarding state-funded early learning programs in charter schools. The report shall include, as related to each type of program:

(1) The number and location of classrooms;

(2) Sources of funding for each classroom;

(3) Aggregated data reflecting the quality of teacher‑child interactions relating to emotional support, classroom organization, and instructional support;

(4) Aggregated data reflecting the quality of the early learning environment and the teacher-child interactions that maximize the learning opportunities of the environment; and

(5) Aggregated student outcomes related to all areas of child development and learning, including cognitive, linguistic, social and emotional approaches to learning and health and physical development, as assessed using a formative assessment tool selected or approved by the commission.

This reported data shall be compiled from the previously state‑funded school year."

SECTION 7. Section 304A-1302, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-1302[]] Functions. In addition to providing a quality education primarily through the medium of the Hawaiian language, the Hawaiian language college shall:

(1) Provide an indigenous language outreach program to involve indigenous language scholars and to maintain and develop the program's Polynesian language database;

(2) Provide a Hawaiian medium teacher training program incorporating Nawahiokalani`opu`u school and other schools, as appropriate, as laboratory schools; [~~and~~]

(3) Provide oversight, administer, and determine appropriate standards, assessments, performance ratings, staff qualifications, staff training requirements, and exemptions needed to meet Hawaiian language revitalization goals and constitutional mandates; and

[~~(3)~~] (4) Maintain a Hawaiian language support center with educational specialists in the areas of research, curriculum development, language development, archival work, and educational technology."

SECTION 8. Section 304A-2356, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The university of Hawaii at Hilo college of Hawaiian language shall expend moneys in the trust fund for purposes of Hawaiian medium or immersion early learning."

SECTION 9. Section 346-184, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each service provider of the preschool open doors program shall be accredited or shall obtain accreditation within seven calendar years of first receiving any funds from the preschool open doors program; provided that any existing service provider unaccredited on July 1, 2022, shall commence the accreditation process no later than July 1, 2024, and obtain accreditation by July 1, 2029; provided further that the director may grant to any service provider one or more extensions to obtain accreditation on a case-by-case basis[.]; provided further that the requirement to obtain accreditation after receiving any funds from the preschool open doors program shall not apply to service providers that teach solely in Hawaiian to promote fluency in the Hawaiian language."

SECTION 10. Act 46, Session Laws of Hawaii 2020, as amended by Act 210, Session Laws of Hawaii 2021, is amended by amending section 16 to read as follows:

"SECTION 16. The standards, assessments, performance ratings, staff qualifications, and staff training requirements established by this Act shall not apply to any laboratory school program of the Hawaiian language college at the University of Hawaii at Hilo [~~until July 1, 2026~~]; provided that all child care centers at any applicable college shall be licensed by the department of human services prior to accepting children into care."

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	827
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII