SB3334 SD1

PART I

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.

PART II

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part IV, subpart C, to be appropriately designated and to read as follows:

"§302A- Department of education; system structure; districts; district superintendents; deputy district superintendents. (a) The department of education shall be divided into district offices. There shall be a superintendent for academics for each district and one or more deputy superintendents for each district to provide support and leadership with school operations and administration; provided that each district superintendent and deputy district superintendent shall be appointed by the superintendent of education. Each district superintendent may appoint administrative staff and academic staff support positions, as necessary, subject to approval of the superintendent of education.

(b) Each district superintendent and deputy district superintendent shall have authority over the principals of each school within their respective district to ensure consistent direction over general operations and academic oversight; provided that each principal shall be empowered to personalize efforts for their school and school community.

(c) Each district superintendent and deputy district superintendent shall be subject to an annual performance evaluation conducted by the board of education. The evaluation shall include but not be limited to:

(1) Student academic outcomes and progress;

(2) Fiscal management and operational efficiency;

(3) Leadership effectiveness and personnel management; and

(4) Stakeholder engagement, including feedback from principals, educators, parents, and the community."

PART III

SECTION 3. 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,~~] district superintendents, deputy district 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 4. 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~~] university of Hawaii and its community colleges;

(7) The superintendent, deputy superintendent, assistant superintendents, [~~complex area~~] district superintendents, deputy district 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 5. Section 264-142, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Within each community the department shall coordinate with the applicable county to develop a comprehensive plan for the establishment of any portion of the following within the department or county's jurisdiction, as applicable:

(1) A contiguous network of bicycle and pedestrian pathways connecting all public schools and libraries in each school [~~complex~~] district area to one another, and to its respective state and county transportation infrastructure, in which intersections with other modes of transportation shall be minimized; provided that the pathway network shall be separated and protected from vehicular traffic by physical or natural barriers, or by meaningful distance or elevation;

(2) A contiguous network of bicycle and pedestrian pathways connecting commercial business and shopping hubs to residential areas, and to its respective state and county transportation infrastructure, in which intersections with other modes of transportation shall be minimized; provided that the pathway network shall be separated and protected from vehicular traffic by physical or natural barriers, or by meaningful distance or elevation; and

(3) Pedestrian exercise and active health pathways of meaningful length in which intersections with other modes of transportation shall be minimized; provided that these pathways shall be separated and protected from vehicular traffic by physical or natural barriers, or by meaningful distance or elevation, and easily accessible to residential and high density communities where appropriate."

SECTION 6. Section 302A-101, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "district" to read:

""District" means [~~the state public education system as a whole,~~] one of the districts established pursuant to section 302A- , except as may be used by the department for federal compliance and reporting requirements."

2. By deleting the definitions of "complex", "complex area", and "complex superintendent".

["~~"Complex" means the high school and those elementary, middle, and intermediate schools that feed into the high school as designated by the department.~~

~~"Complex area" means the administrative unit that includes one or more complexes as designated by the department.~~

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

SECTION 7. Section 302A-321, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-321[]] Standards-based curriculum. (a) When developing a standards-based curriculum and implementing it in a school or [~~complex,~~] district, at the minimum, the curriculum shall:

(1) Be specific in its standards-based scope and sequence over a school year for each grade level and course;

(2) Be consistent in course content;

(3) Be aligned across all grade levels;

(4) Specifically address the state content and performance standards and related benchmark maps; and

(5) Be implemented in all appropriate classrooms in the school or [~~complex.~~] district.

(b) School [~~complexes~~] districts may choose to develop an articulated and aligned K-12 standards-based curriculum in one or more of the following core content areas:

(1) Language arts;

(2) Mathematics;

(3) Science; and

(4) Social studies.

(d) School [~~complexes~~] districts that develop a standards-based curriculum shall use standards-based formative assessment tools to monitor student progress, not less than on a quarterly basis throughout the school year.

(e) School [~~complexes~~] districts shall develop rigorous classroom-based performance assessments.

(f) School [~~complexes~~] districts may implement software programs at the school level to help to align school course material with Hawaii content and performance and federal educational standards."

SECTION 8. Section 302A-323, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (b) and (c) to read:

"(b) Beginning with the 2022-2023 school year, at least one public elementary school and one public middle or intermediate school in each [~~complex area~~] district shall offer computer science courses or computer science content.

(c) Beginning with the 2023-2024 school year, no less than fifty per cent of the public elementary schools and no less than fifty per cent of the public middle and intermediate schools in each [~~complex area~~] district shall offer computer science courses or computer science content."

2. By amending subsection (e) to read:

"(e) By October 31, 2025, and by each October 31 thereafter, the superintendent shall submit to the board and legislature a report of the computer science courses and computer science content offered during the previous school year at the schools in each [~~complex area.~~] district. The report shall include:

(1) The names and course codes of the computer science courses offered at each school;

(2) The number and percentage of students enrolled in each computer science course and computer science content, disaggregated by:

(A) Gender;

(B) Race and ethnicity;

(C) Special education status, including students eligible for special education under the federal Individuals with Disabilities Education Act, as amended, or section 504 of the federal Rehabilitation Act of 1973, as amended;

(D) English language learner status;

(E) Eligibility for the free and reduced price lunch program; and

(F) Grade level;

provided that if a category contains one to five students, or contains an amount that would allow the amount of another category that contains one to five students to be determined, the number of students shall be replaced with a symbol indicating that one to five students fulfilled that particular category;

(3) The names and course codes of the courses containing computer science content and a description of the computer science standards and content that are covered by those courses; and

(4) The number of computer science instructors at each school, disaggregated by:

(A) Any applicable certification;

(B) Gender;

(D) Highest academic degree earned."

SECTION 9. 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~~] district superintendent's [~~district,~~] area, 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 10. Section 302A-499, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "covered information" to read:

""Covered information" means personally identifiable information or material, or information that is linked to personally identifiable information or material, in any media or format that is not publicly available and is:

(1) Created by or provided to an operator by a student, or the student's parent or legal guardian, in the course of the student's, parent's, or legal guardian's use of the operator's site, service, or application for K-12 school purposes;

(2) Created by or provided to an operator by an employee or agent of a K-12 school or [~~complex~~] district for K‑12 school purposes; or

(3) Gathered by an operator through the operation of its site, service, or application for K-12 school purposes and personally identifies a student, including information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information."

2. By amending the definition of "K-12 school purposes" to read:

""K-12 school purposes" means purposes that are directed by or that customarily take place at the direction of a K-12 school, teacher, or [~~complex area~~] district 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 11. Section 302A-500, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) An operator shall:

(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information designed to protect that covered information from unauthorized access, destruction, use, modification, or disclosure; and

(2) Delete within a reasonable time period a student's covered information if the K-12 school or [~~complex~~] district requests deletion of covered information under the control of the K-12 school or [~~complex,~~] district, unless a student or a student's parent or guardian consents to the maintenance of the covered information.

(1) If other provisions of federal or state law require the operator to disclose the information and the operator complies with the requirements of federal and state law in protecting and disclosing that information;

(2) For legitimate research purposes as required by state or federal law and subject to the restrictions under applicable state and federal law or as allowed by state or federal law and under the direction of a K-12 school, [~~complex,~~] district, or the department, if covered information is not used for advertising or to amass a profile on the student for purposes other than K-12 school purposes; or

(3) To a state or local educational agency, including K-12 schools and [~~complexes,~~] districts, for K-12 school purposes, as permitted by state or federal law."

SECTION 12. Section 302A-604, Hawaii Revised Statutes, is amended to read as follows:

"§302A-604 [~~Complex area~~] District superintendents. The superintendent of education, with the approval of the board, shall appoint [~~complex area~~] district superintendents [~~for schools.~~] pursuant to the districts established in section 302A- . The [~~complex area~~] district superintendents shall supervise the delivery of administrative and instructional support services within their respective [~~complex~~] district 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~~] district area."

SECTION 13. Section 302A-621, Hawaii Revised Statutes, is amended to read as follows:

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

SECTION 14. Section 302A-856, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The department, in collaboration with the department of health, shall develop a mandatory youth suicide awareness and prevention training program and a model risk referral protocol for [~~complex areas~~] districts and charter schools based on the department of health's existing suicide awareness and prevention curriculum and materials, which shall be provided to teachers, teacher assistants, administrators, and counselors.

(b) By September 15 of each year, each [~~complex area~~] district shall report to the department on prior school year training prevention activities completed as described by this section."

SECTION 15 Section 302A-1004, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (a) through (c) to read:

"(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,~~] district, 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,~~] district, 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~~] district 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~~] district superintendents and principals, which may be measured by broad‑based surveys; and

(b) The department shall annually post on the department's website:

(1) Information on the specifics of the implementation of the comprehensive accountability system;

(2) Information on the fiscal requirements and legislative actions necessary to maintain and improve the accountability system; and

(3) Data collected pursuant to subsection (a)(6)(C) on student discipline, as follows:

(A) The total number of students enrolled in the State by [~~complex,~~] district, school, and subgroup;

(B) The percentage of the school, [~~complex,~~] district, and State's total enrollment that the subgroup represents;

(D) The disciplinary rate for each discipline measure described in subsection (a)(6)(C), based on the total student enrollment in each school and each [~~complex;~~] district;

(E) The disciplinary rate for each discipline measure described in subsection (a)(6)(C) with respect to each subgroup; and

(F) The rate of disciplinary disparity for each discipline measure described in subsection (a)(6)(C), with respect to each subgroup, as compared with the subgroup with the lowest disciplinary rate.

(c) The department shall also annually post on its website a state-, [~~complex-,~~] district-, and school-level report for each school that details the past three years and includes an analysis of any disproportionality among student subgroups using the performance indicators in subsection (a)(6). Each report shall be uniformly formatted and designed by the department so as to provide school-based users and the public with all pertinent information. Report data shall be downloadable in raw form. Report information shall include:

(1) Results of school-by-school assessments of educational outcomes;

(2) Summaries of each school's standards implementation design;

(3) Summary descriptions of the demographic makeup of the schools, with indications of the range of these conditions among schools within Hawaii;

(4) Comparisons of conditions affecting Hawaii's schools with the conditions of schools in other states;

(5) Other assessments deemed appropriate by the board;

(6) Student discipline, seclusion, and restraint information by school, as required by this section; and

(7) Any other reports required by this section."

2. By amending subsection (f) to read:

"(f) The department shall:

(1) Annually submit a report to the board and to the legislature, as follows:

(A) The report shall identify discipline-related strategies, alternatives, and resources available to schools and [~~complexes,~~] districts, and shall include the following:

(i) Student discipline, seclusion, and restraint data collected pursuant to subsection (a)(6)(C);

(ii) Data collected in accordance with the data elements shown in the United States Department of Education's 2015-2016 civil rights data collection relating to school finance, teacher experience and absenteeism, all early childhood education items, advanced placement test-taking items, references to gender identity in the definition of "harassment on the basis of sex", number of English language learner students enrolled in English language programs by disability status, participation in credit recovery programs, and any civil rights concerns or complaints from children with disabilities placed by school districts in nonpublic schools; and

(iii) Information regarding staffing and contact information for school- and [~~complex-level~~] district-level equity specialists; and

(B) The report may include additional information, as determined by the department, that would assist in better understanding the disciplinary rate or rate of disciplinary disparity of a particular school or [~~complex;~~] district;

(2) Track the progress made by schools and [~~complexes~~] districts over the past three years in reducing the disciplinary rates and rate of disciplinary disparity that are referenced in subsection (b)(3)(D) through (F);

(3) Assess the changes in student academic achievement and absenteeism rates over the past three years that correspond to any reduction in disciplinary rates and rates of disciplinary disparity that are referenced in subsection (b)(3)(D) through (F);

(4) Track the use of restraints over the past three years; and

(5) Report annually to the board, and make public on its website, the following:

(A) Changes in the use of discipline over the past three years; and

(B) Information on the extent to which schools and [~~complexes~~] districts are implementing evidence-based strategies, including positive behavior interventions, support systems, or restorative justice."

SECTION 16. Section 302A-1004.5, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"[[]§302A-1004.5[]] Accurate data reporting. (a) The department shall establish a standardized data collection process for schools and [~~complex areas~~] districts to maintain records and report data to the department. The department shall implement a process to:

(1) Review the accuracy of data reported by schools and [~~complex areas;~~] districts;

(2) Coordinate with the state public charter school commission regarding the collection, analysis, and dissemination of this data from public charter schools; and

(3) Analyze and publish the data collected."

SECTION 17. 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~~] district 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~~] district superintendent, if any."

SECTION 18. 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~~] district superintendent;

(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~~] district superintendent; 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~~] District superintendents 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~~] district superintendent for resolution and, if necessary, to the superintendent and, finally, to the board of education.

(h) [~~Complex area~~] District superintendents shall assist the school community councils and principals within their respective [~~complex areas~~] districts 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 19. 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~~] district superintendent; 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 20. 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~~] district superintendent. 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 21. 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~~] district superintendent, 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~~] district superintendent, who shall refer the matter to the attorney general for any further action pursuant to section 577-3."

SECTION 22. Section 302A-1503, Hawaii Revised Statutes, is amended to read as follows:

"(a) The department may accept donations of school equipment or fixtures on behalf of the department, individual schools, or [~~school complexes.~~] districts. Donations that meet current educational specifications or exceed existing educational specifications shall be deemed acceptable in instances where the donations enhance the school environment or improve the administration of school programs in accordance with criteria established by the department pursuant to chapter 91."

SECTION 23. Section 302A-1604, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Prior to the designation of a school impact district, the authority shall prepare a written analysis that contains the following:

(1) A map and legend describing the boundaries of the proposed school impact district area, which may range from one school to one or more [~~high school complexes,~~] districts, as well as maps and legends describing surrounding districts and school enrollments at existing school facilities in and around the school impact district;

(2) The need to construct new or expand existing school facilities in the proposed school impact district area within the next twenty-five years to accommodate projected growth in the area based on various state and county land use, demographics, growth, density, and other applicable historical data projections and plans;

(3) An analysis to determine appropriate student generation rates by dwelling unit type for all new residential developments in the school impact district area to provide the basis for determining the steady state enrollment generated by new residential developments that will need to be accommodated. The analysis shall also consider enrollment at existing school facilities, in and around the school impact district;

(4) Student generation rates, based on full build-out of the developments when student generation rates are anticipated to be in a steady state mode;

(5) An analysis to estimate the number of students generated by all new residential developments in the school impact district at the point in time when the total enrollment from these developments is anticipated to peak. This information is required for or related to the determination of the impact fee, and will provide the basis for determining the maximum enrollment generated by new residential developments that will need to be accommodated in both permanent facilities and portable buildings;

(6) Calculation of the current statewide level of service;

(7) An analysis of appropriate school land area, or other appropriate state lands, and enrollment capacity, which may include nontraditional (i.e., mid-rise or high-rise structures) facilities to accommodate the need for public school facilities in high-growth areas within existing urban developments;

(8) A statewide classroom use report, which shall include the following:

(A) Current design enrollment per school (i.e., maximum number of students per classroom per school);

(B) Current total student enrollment per school; and

(9) An analysis including the advantages and disadvantages of making more efficient use of existing or underused assets in the school impact district through school redistricting.

The analyses specified in paragraphs (3) and (6) shall be periodically updated pursuant to section 302A-1612(b)."

SECTION 24. 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~~] district superintendent a report on progress made toward the plan by the end of each school year."

SECTION 25. Section 305J-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) This chapter shall not apply to:

(1) Schools or educational programs conducted by firms, corporations, or persons for the training of their own employees;

(2) Apprenticeship or other training programs provided by labor unions to union members or applicants for union membership;

(3) Schools or educational programs that provide courses of instruction that do not lead to the conferring of a degree;

(4) Schools or educational programs that offer seminars, refresher courses, and programs of instruction sponsored by professional, business, or farming organizations or associations for their members or the employees of their members;

(5) Schools or educational programs that offer courses of instruction conducted by public school [~~complex areas;~~] districts;

(6) Schools, courses of instruction, or courses of training that are offered by a vendor or the purchaser or prospective purchaser of the vendor's product when the objective of the school or course is to enable the purchaser or the purchaser's employees to gain the skills and knowledge necessary to use the product;

(7) Schools and educational programs conducted by religious entities that are owned, controlled, operated, and maintained by a religious organization lawfully operating as a nonprofit religious corporation and that award only religious degrees or certificates, including but not limited to a certificate of Talmudic studies, an associate of Biblical studies, a bachelor of religious studies, a master of divinity, or a doctor of divinity;

(8) Non-degree-granting post-secondary educational institutions licensed by any entity of the State or governed by any other chapter of the Hawaii Revised Statutes;

(9) Schools and educational programs that offer courses of instruction exclusively through online and distance education; and

(10) Unaccredited post-secondary educational institutions governed by chapter 446E."

SECTION 26. 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 of the administrative districts that contain [~~the~~] Leilehua, Radford/Moanalua, and Kalaheo school [~~complexes~~];

(3) A [~~complex area~~] superintendent 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 27. Section 368D-4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§368D-4[]] Annual report to legislature. No later than September 1 of each year, the [~~University~~] university of Hawaii, department of education, and state public charter school commission shall submit to the legislature a report that includes information pertaining to the immediately preceding school year, as follows:

(1) The [~~University~~] university of Hawaii shall include in its report to the legislature:

(A) The total number of complaints alleging a violation of this chapter or Title IX that were received by the university, and the number of complaints received in each of the following categories:

(i) The number of complaints received at each campus of the university;

(ii) The types of complaints, including but not limited to sexual harassment, gender-based harassment, sexual assault, domestic violence, or stalking; and

(iii) The number of confidential complaints, informal complaints, and formal complaints, as applicable;

(B) Of the total number of complaints for each campus reported under subparagraph (A), the number of complaints involving:

(i) A student complainant and a student respondent;

(ii) A student complainant and an employee respondent;

(iii) An employee complainant and an employee respondent; and

(iv) An employee complainant and a student respondent;

(C) Of the total number of complaints for each campus reported under subparagraph (A), the number of complaints in which:

(i) An investigation was commenced but a decision has not yet been rendered;

(ii) An investigation was completed and a decision was rendered; and

(iii) A party has filed an appeal, and the appeal is pending;

(D) The percentage of employees at each campus of the university who have completed a training course on the university's Title IX policies and procedures, and on any other policies and procedures adopted by the university in accordance with this chapter; and

(E) The percentage of students enrolled at each campus of the university who have completed a training course on the university's Title IX policies and procedures, and on any other policies and procedures adopted by the university in accordance with this chapter; and

(2) The department of education and the state public charter school commission shall include in their respective reports to the legislature:

(A) The total number of complaints alleging a violation of this chapter or Title IX that were received by the department of education or public charter school, as applicable, and the number of complaints received in each of the following categories:

(i) The number of complaints received at each department of education [~~complex area~~] district or public charter school, as applicable; and

(ii) The types of complaints, including but not limited to sexual harassment, gender-based harassment, sexual assault, domestic violence, or stalking;

(B) Of the total number of complaints reported under subparagraph (A) for each department of education [~~complex area~~] district or public charter school, as applicable, the number of complaints involving:

(i) A student complainant and a student respondent;

(ii) A student complainant and an employee respondent;

(iii) An employee complainant and an employee respondent; and

(iv) An employee complainant and a student respondent;

(C) Of the total number of complaints reported under subparagraph (A) for each department of education [~~complex area~~] district or public charter school, as applicable, the number of complaints in which:

(i) An investigation was commenced but a decision has not yet been rendered;

(ii) An investigation was completed and a decision was rendered; and

(iii) A party has filed an appeal, and the appeal is pending; and

(D) For the department of education or a public charter school, the percentage of teachers, counselors, principals, and vice-principals, disaggregated by [~~complex area~~] district or public charter school, as applicable, who have completed a training course on the department or public charter school's Title IX policies and procedures, and on any other policies and procedures adopted by the department or public charter school in accordance with this chapter;

provided that all public charter schools shall submit the information required under this section to the state public charter school commission, in a form prescribed by the commission, no later than August 1 of each year."

SECTION 28. The department of education shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, as necessary to carry out the purposes of this Act.

SECTION 29. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 30. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	3334
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
STATE OF HAWAII