STAND. COM. REP. NO. 3905

Honolulu, Hawaii

RE: H.C.R. No. 181

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Education, to which was referred H.C.R. No. 181, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF EDUCATION TO CONVENE A SHARED-DECISION MAKING COMMITTEE TO DEVELOP AN ACTION PLAN TO ESTABLISH A K-12 KAIAPUNI SCHOOL IN KAPOLEI,"

begs leave to report as follows:

The purpose and intent of this measure is to request the Department of Education to convene a shared decision-making committee to develop an action plan to establish a K-12 Kaiapuni school in Kapolei.

Your Committee received testimony in support of this measure from the Ke ʻAlohi ʻo ʻEwa, Pearl City Neighborhood Board, and four individuals.

Prior to the hearing on this measure, your Committee posted and made available for public review a proposed S.D. 1, which deletes the contents of the measure and inserts language to affirm that the legislative intent of section 302A-1116, Hawaii Revised Statutes, is to authorize the Department of Education to create substantively temporary positions only.

Your Committee received testimony in support of the proposed S.D. 1 from one individual. Your Committee received comments on the proposed S.D. 1 from the Department of Education.

Your Committee finds that the Department of Education in recent years has renewed multiple Superintendent-level positions authorized pursuant to section 302A-1116, Hawaii Revised Statutes, relating to the Department's authority to create temporary positions, for additional one-year terms. While the existing law does not contain an explicit prohibition against renewal, the Department's interpretation of the statute is contrary to the legislative intent of affording state departments the flexibility to establish strictly temporary positions to address unexpected circumstances in the short term. Allowing the perpetual renewal of temporary positions would effectively circumvent the robust budgetary approval process that exists to ensure legislative scrutiny of permanent positions. The proposed S.D. 1 clarifies the functions of section 302A-1116, Hawaii Revised Statutes, to safeguard oversight, fiscal accountability, and transparency in the organization of state departments.

Your Committee has amended this measure by adopting the proposed S.D. 1.

Your Committee further notes that the companion to this measure, S.C.R. No. 162, S.D. 1, H.D. 1 (2026), which requests the Department of Education to convene a shared decision-making committee to develop an action plan to establish a K-12 Kaiapuni school in Kapolei is still moving through the Legislative process in the House of Representatives.

As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 181, H.D. 1, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 181, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Education,

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DONNA MERCADO KIM, Chair