SB3334

SECTION 1. The legislature finds that Act 51, Session Laws of Hawaii 2004 (Act 51), was enacted to improve leadership, accountability, and decision-making within the State's public school system. The legislature further finds, however, that since the enactment of Act 51, concerns have arisen regarding the implementation and efficacy of certain structures it created.

Accordingly, the purpose of this Act is to revisit the foundational elements of the State's education system to ensure that the goals of Act 51 are being achieved and to eliminate provisions that have created unnecessary administrative burdens and unclear authority structures, including the position of complex area superintendent and principal selection processes.

SECTION 2. Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:

(1) Commissioned and enlisted personnel of the Hawaii National Guard and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;

(2) Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures. Any contract may be for any period not exceeding one year;

(3) Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;

(4) Positions filled by the legislature or by either house or any committee thereof;

(5) Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;

(6) Positions filled by popular vote;

(7) Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;

(8) Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;

(9) One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);

(10) First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;

(11) (A) Teachers, principals, vice-principals, [~~complex area superintendents,~~] deputy and assistant superintendents, other certificated personnel, and no more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;

(B) Effective July 1, 2003, teaching assistants, educational assistants, bilingual or bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational or supportive services specialists, alternative school project coordinators, and communications aides in the department of education;

(D) Members of the faculty of the university of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;

(12) Employees engaged in special, research, or demonstration projects approved by the governor;

(13) (A) Positions filled by inmates, patients of state institutions, and persons with severe physical or mental disabilities participating in the work experience training programs;

(B) Positions filled with students in accordance with guidelines for established state employment programs; and

(C) Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs;

(14) A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

(15) Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;

(16) Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, article V, of the Hawaii State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; one additional deputy in the department of human services either in charge of welfare or other functions within the department as may be assigned by the director of human services; four additional deputies in the department of health, each in charge of one of the following: behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; two additional deputies in charge of the law enforcement programs, administration, or other functions within the department of law enforcement as may be assigned by the director of law enforcement, with the approval of the governor; three additional deputies each in charge of the correctional institutions, rehabilitation services and programs, and administration or other functions within the department of corrections and rehabilitation as may be assigned by the director of corrections and rehabilitation, with the approval of the governor; two administrative assistants to the state librarian; and an administrative assistant to the superintendent of education;

(17) Positions specifically exempted from this part by any other law; provided that:

(A) Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and

(B) All of the positions defined by paragraph (9) shall be included in the position classification plan;

(18) Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;

(19) Household employees at the official residence of the president of the university of Hawaii;

(20) Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;

(21) Employees hired under the tenant hire program of the Hawaii public housing authority; provided that no more than twenty-six per cent of the authority's workforce in any housing project maintained or operated by the authority shall be hired under the tenant hire program;

(22) Positions of the federally funded expanded food and nutrition program of the university of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;

(23) Positions filled by persons with severe disabilities who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;

(24) The sheriff;

(25) A gender and other fairness coordinator hired by the judiciary;

(26) Positions in the Hawaii National Guard youth and adult education programs;

(27) In the Hawaii state energy office in the department of business, economic development, and tourism, all energy program managers, energy program specialists, energy program assistants, and energy analysts;

(28) Administrative appeals hearing officers in the department of human services;

(29) In the Med-QUEST division of the department of human services, the division administrator, finance officer, health care services branch administrator, medical director, and clinical standards administrator;

(30) In the director's office of the department of human services, the enterprise officer, information security and privacy compliance officer, security and privacy compliance engineer, security and privacy compliance analyst, information technology implementation manager, assistant information technology implementation manager, resource manager, community or project development director, policy director, special assistant to the director, and limited English proficiency project manager or coordinator;

(31) The Alzheimer's disease and related dementia services coordinator in the executive office on aging;

(32) In the Hawaii emergency management agency, the executive officer, public information officer, civil defense administrative officer, branch chiefs, and emergency operations center state warning point personnel; provided that for state warning point personnel, the director shall determine that recruitment through normal civil service recruitment procedures would result in delay or noncompliance;

(33) The executive director and seven full-time administrative positions of the school facilities authority;

(34) Positions in the Mauna Kea stewardship and oversight authority;

(35) In the office of homeland security of the department of law enforcement, the statewide interoperable communications coordinator;

(36) In the social services division of the department of human services, the business technology analyst;

(37) The executive director and staff of the 911 board;

(38) The software developer supervisor and senior software developers in the department of taxation;

(39) In the department of law enforcement, five Commission on Accreditation for Law Enforcement Agencies, Inc., coordinator positions;

(40) The state fire marshal and deputy state fire marshal in the office of the state fire marshal;

(41) The administrator for the law enforcement standards board;

(42) In the office of the director of taxation, the data privacy officer and tax business analysts; and

[[](43)[]]All positions filled by the Hawaii tourism authority within the department of business, economic development, and tourism.

The director shall determine the applicability of this section to specific positions.

Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."

SECTION 3. Section 84-17, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The following persons shall file annually with the state ethics commission a disclosure of financial interests:

(1) The governor, lieutenant governor, members of the legislature, and delegates to the constitutional convention; provided that delegates to the constitutional convention shall only be required to file initial disclosures;

(2) The directors and their deputies, the division chiefs, the executive directors and the executive secretaries and their deputies, the purchasing agents, and the fiscal officers, regardless of the titles by which the foregoing persons are designated, of every state agency and department;

(3) The permanent employees of the legislature and its service agencies, other than persons employed in clerical, secretarial, or similar positions;

(4) The administrative director of the State, and the assistants in the office of the governor and lieutenant governor, other than persons employed in clerical, secretarial, or similar positions;

(5) The hearings officers of every state agency and department;

(6) The president, vice presidents, assistant vice presidents, chancellors, and provosts of the University of Hawaii and its community colleges;

(7) The superintendent, deputy superintendent, assistant superintendents, [~~complex area superintendents,~~] state librarian, and deputy state librarian of the department of education;

(8) The administrative director and deputy director of the courts;

(9) The members of every state board or commission whose original terms of office are for periods exceeding one year and whose functions are not solely advisory;

(10) Candidates for state elective offices, including candidates for election to the constitutional convention; provided that candidates shall only be required to file initial disclosures;

(11) The administrator and assistant administrator of the office of Hawaiian affairs;

(12) The Hawaii unmanned aerial systems test site chief operating officer; and

(13) The members of the school facilities board appointed by the governor."

SECTION 4. Section 302A-101, Hawaii Revised Statutes, is amended by deleting the definition of "complex area superintendent".

["~~"Complex area superintendent" means the chief administrative officer of a complex area and the complexes therein.~~"]

SECTION 5. 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 complex area [~~superintendent's district~~], the superintendent of education shall 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."

SECTION 6. Section 302A-499, Hawaii Revised Statutes, is amended by amending the definition of "K-12 school purposes" to read as follows:

""K-12 school purposes" means purposes that are directed by or that customarily take place at the direction of a K-12 school[,] or teacher[~~, or complex area superintendent~~] or that aid in the administration of school activities, including instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, parents or legal guardians, or are otherwise for the use and benefit of the school."

SECTION 7. Section 302A-604, Hawaii Revised Statutes, is amended to read as follows:

"§302A-604 Complex area [~~superintendents.~~] supervision. The [~~superintendent of education, with the approval of the board, shall appoint complex area superintendents for schools. The complex area superintendents shall~~] department shall utilize its administrative framework and resources to supervise the delivery of administrative and instructional support services within [~~their respective~~] complex areas, including:

(1) Personnel, fiscal, and facilities support;

(2) Monitoring of compliance with applicable state and federal laws;

(3) Curriculum development, student assessment, and staff development services; and

(4) Special education programs and special schools within the complex area."

SECTION 8. Section 302A-621, Hawaii Revised Statutes, is amended to read as follows:

"§302A-621 Salary; deputy superintendent, assistant superintendents[~~, complex area superintendents~~]. The salaries of the deputy superintendent[,] and assistant superintendents[~~, and complex area superintendents~~] shall be set by the board; provided that the salaries of the deputy superintendent[,] and assistant superintendents[~~, and the complex area superintendents~~] shall not exceed the superintendent's salary."

SECTION 9. Section 302A-1004, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department shall implement a comprehensive system of educational accountability to motivate and support the improved performance of students and the education system. Data shall be reported as required by this section when the number of students in a particular data subgroup is greater than ten and shall be redacted when the number of students in a particular data subgroup is ten or fewer; provided that the personally identifiable information of each student shall be kept private. This accountability system shall:

(1) Include student accountability; school or collective accountability; individual professional accountability for teachers, principals, and other employees; and public accounting to parents, community members, businesses, higher education, media, and political leadership;

(2) Link authority and 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) Assess and track measures of academic achievement, safety and well-being, and civic responsibility of individual students at selected grade levels, and annually report trend data from the past three years on these measures;

(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 an annual statewide assessment program that provides a report card containing trend data from the past three years on school, school complex, and system performance at selected benchmark grade levels with performance indicators in areas relating to student achievement, safety and well-being, and civic responsibility. These performance indicators shall include but not be limited to:

(A) Student performance relative to statewide content and performance standards;

(B) School attendance and dropout rates; and

(C) Student discipline, seclusion, and restraint information, in total and by unduplicated counts, disaggregated by subgroups consisting of race, including by Asian subgroup; ethnicity; national origin; gender; sex; English learner status; low-income status; students whose achievement is below grade level for the school year on literacy benchmark assessments, math benchmark assessments, or end-of-course assessments; and disability status based upon an individualized education program or upon section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), including but not limited to the following:

(i) In-school suspensions;

(ii) Out-of-school suspensions of one day or less; of two to five days; of six to nine days; of ten to twenty days; and of twenty-one or more days;

(iii) Expulsions;

(iv) Removals to an alternative education setting by school personnel;

(v) School-related arrests;

(vi) Referrals to law enforcement authorities;

(vii) Withdrawals for other reasons;

(viii) Number of parent or guardian-initiated withdrawals under section 302A-1132;

(ix) Number of school resource officers, either full-time or part-time, and the number of hours assigned to the school per week; and

(x) Other data that the board may approve;

(7) 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;

(8) 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;

(9) Include an annual statewide fiscal accountability program, which includes a published report card that contains trend data on school, school complex, and systemwide plans and results, including:

(A) Amounts allocated;

(B) Amounts expended;

(D) Any significant changes to the budget, with an explanation for the change; and

(10) Include an evaluation of the effectiveness of [~~complex area superintendents and~~] principals in supporting:

(A) Students' academic achievement, safety and well-being, and civic responsibility; and

(B) The satisfaction of stakeholders affected by the work of the [~~complex area superintendents and~~] principals, which may be measured by broad‑based surveys; and

SECTION 10. Section 302A-1005, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding collective bargaining agreements, memorandums of agreement, or memorandums of understanding, the superintendent may reconstitute a public school, except a charter school, that has been in restructuring under the No Child Left Behind Act of 2001, Public Law 107-110, for four or more school years and has not made significant advancements toward improving academic performance as determined by a statistical analysis of academic data; provided that the following have been considered:

(1) Student proficiency in reading and math in the period during which the school is in restructuring;

(2) Interventions and other programs being used by the school to address student proficiency;

(3) The number of highly qualified or effective teachers at the school;

(4) Professional development being conducted at the school;

(5) Input from school faculty and staff, complex specialists, and state office program specialists; and

(6) Input from the school community council;

provided further that the superintendent has made a recommendation to the board to reconstitute the school[~~, taking into consideration the recommendation of the complex area superintendent, if any~~]."

SECTION 11. Section 302A-1124, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) The department, through the board and its superintendent, shall establish a school community council system under which each public school, excluding charter schools, shall create and maintain a school community council. Each school community council shall:

(1) Review and evaluate the school's academic plan and financial plan, and either recommend revisions of the plans to the principal, or recommend the plans for approval by the [~~complex area superintendent;~~] appropriate authority, as designated by the department by rule;

(2) Ensure that the school's academic and financial plans are consistent with the educational accountability system under section 302A-1004;

(3) Participate in principal selection and evaluation, and transmit any [~~such~~] evaluations to the [~~complex area superintendent;~~] superintendent of education; provided that the school community council's evaluation shall account for fifty per cent of the overall evaluation in the selection of a principal; provided further that the superintendent of education shall have final authority to appoint a principal; and

(4) Provide collaborative opportunities for input and consultation."

2. By amending subsection (c) to read:

"(c) [~~Complex area superintendents~~] The department, or an appropriate authority designated by the department by rule, may require revisions to a school's academic and financial plans if the plans are in violation of law or conflict with statewide educational policies and standards, or are otherwise in the best interests of the school."

3. By amending subsections (g) and (h) to read:

"(g) The principal shall have the authority to set aside any decision made by the school community council if the principal determines it to be in the best interests of the school; provided that the principal notifies the school community council. If the school community council opposes a decision of the principal, an appeal shall first be brought to the [~~complex area superintendent~~] appropriate authority, as designated by the department by rule, for resolution and, if necessary, to the superintendent and, finally, to the board of education.

(h) [~~Complex area superintendents~~] The department, or an authority designated by the department by rule, shall assist the school community councils and principals within their respective complex areas in:

(1) Obtaining the support and services of the department; and

(2) Ensuring the progress and success of the school's academic and financial plan."

SECTION 12. Section 302A-1134, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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 [~~complex area superintendent;~~] appropriate authority, as designated by the department by rule; provided that this section shall not apply to children participating in the executive office on early learning public prekindergarten program pursuant to section 302L-7. The department 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."

SECTION 13. Section 302A-1141.4, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

"(h) No less than annually, there shall be a review of data on students at each public school who were restrained, which shall be conducted as directed by [~~each complex area superintendent.~~] the department by rule. The review shall determine whether:

(1) There are strategies in place to address the students with dangerous behaviors at issue;

(2) The strategies in place are effective in increasing appropriate behaviors of students with dangerous behaviors; and

(3) New strategies need to be developed or current strategies need to be revised or changed to prevent the reoccurrence of dangerous behaviors.

Patterns and trends in the data that are identified by the review shall be reported to the department."

SECTION 14. Section 302A-1153, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

"(d) At the conference, the principal of the school in which the vandalism occurred shall present the findings of the investigation and the requirements of restitution to the pupil and parents or guardian.

If the pupil and the parents or guardian agree with the findings of the principal and the manner in which restitution is to be made, the principal and the pupil and parent or guardian shall execute a written agreement which shall specify the manner in which restitution is to be made.

Agreements shall be made only for damages that do not exceed $3,500.

If restitution is made in this fashion, then no information about the investigation, conference, and the actions taken shall be communicated to any person not directly involved in the proceedings.

If the pupil and parent or guardian do not agree with the findings made by the principal, the principal shall report the findings, including all the records and documents regarding the investigation and conference, to the [~~complex area superintendent,~~] appropriate authority, as designated by the department by rule, who shall review the findings and may refer the matter to the attorney general for any further action pursuant to section 577-3.

(e) If the damages exceed $3,500, the principal shall report the matter the [~~complex area superintendent,~~] appropriate authority, as designated by the department by rule, who shall refer the matter to the attorney general for any further action pursuant to section 577-3."

SECTION 15. Section 302L-7, Hawaii Revised Statutes, is amended by amending subsection (l) to read as follows:

"(l) Each school participating in the program shall work with the office to develop and annually update a written two- to three-year plan to promote, within the school and community, alignment of and transitions between high-quality learning experiences, and submit to the office and the [~~appropriate complex area superintendent~~] department of education a report on progress made toward the plan by the end of each school year."

SECTION 16. Section 311D-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§311D-2[]] State council. There is established within the board of education for administrative purposes the state council on educational opportunity for military children. The board of education shall establish the state council, as required by article VIII of the compact. The membership of the state council shall include, at a minimum:

(1) The superintendent of education or the superintendent's designee;

(2) [~~The complex area superintendents~~] Representatives of the administrative districts that contain the Leilehua, Radford/Moanalua, and Kalaheo school complexes;

(3) A [~~complex area superintendent~~] representative from the Leeward district;

(4) The military liaison from the department of education;

(5) A uniformed military representative from the United States Pacific Command;

(6) One installation-level uniformed military representative from each branch of service of the Air Force, Army, Marine Corps, Navy, and Coast Guard;

(7) The governor or the governor's designee;

(8) The chairperson of the senate education committee or the chairperson's designee;

(9) The chairperson of the house education committee or the chairperson's designee; and

(10) Other offices and stakeholder groups the state council deems necessary.

Members of the state council may delegate voting authority to another person for a specified meeting or meetings. The state council shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the state council, unless either is already a full voting member of the state council.

The council shall establish policies and procedures governing its operations but subject to the open meeting requirements of chapter 92."

SECTION 17. The department of education shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, as necessary to carry out the purposes of this Act, including rules to:

(1) Reassign or clarify duties previously administered by complex area superintendents; and

(2) Establish leadership training requirements and procedures for principals and other educators.

SECTION 18. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 19. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3334
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII