STAND. COM. REP. NO.83

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 149
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Education, to which was referred H.B. No.
149 entitled: 

     "A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE X,
     SECTION 2, OF THE HAWAII CONSTITUTION, TO CHANGE THE BOARD
     OF EDUCATION FROM AN ELECTED BOARD TO AN APPOINTED BOARD,"

begs leave to report as follows:

     The purpose of this bill is to advance accountability in
public education by proposing to amend the State Constitution to
change the Board of Education (BOE) from an elected body to an
appointed body.

     Testimony in support of the bill was submitted by the Hawaii
Business Roundtable and the United Public Workers.  Testimony in
opposition to the bill was submitted by the Board of Education,
the Hawaii State Teachers Association, and the Hawaii State
Parent Teacher Student Association.  An individual commented on
the measure.

     Your Committee finds that public education in Hawaii has
languished, and the primary reason is the lack of accountability
at all levels.  This bill seeks to establish accountability at
the highest level.

     Currently, the responsibility and authority for public
education is ambiguous.  The BOE is responsible for establishing
education policies and developing a budget that incorporates
these policies.  However, the Governor reviews the education

 
 
                                 STAND. COM. REP. NO. 83
                                 Page 2

 
budget developed by the BOE and has the authority to revise it
before submitting it to the Legislature.  The Legislature has the
ultimate authority to fund public education.  In doing so, it can
continue or create programs and discontinue others without the
approval of the BOE.  

     This bill proposes a constitutional amendment to change the
manner in which the BOE is selected.  If the members of the BOE
are appointed by the Governor, the accountability issue is
clarified.  The Governor would be accountable for public
education, just as the Governor is accountable for all other
functions of executive branch departments.

     As affirmed by the record of votes of the members of your
Committee on Education that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
149 and recommends that it pass Second Reading and be referred to
the Committee on Judiciary and Hawaiian Affairs.

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



                                   ______________________________
                                   KEN ITO, Chair