Report Title:

School Complex; Overcrowded; Waivers

Description:

Defines overcrowded school complex as one with at least 50 students beyond its maximum capacity; appropriates money to remedy overcrowding; allows for waivers of policy; and requires developers filing environmental impact statements to consult with principals within overcrowded school complexes.

 

THE SENATE

S.B. NO.

1567

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to school complexes.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Overcrowded school complexes. (a) A school complex shall be considered overcrowded if the complex has at least fifty students more than its maximum capacity.

(b) Any state agency that may be required to act under state law on a matter affecting a school within an overcrowded school complex shall waive otherwise applicable policies, rules, or procedures when requested to do so by the principal of the affected school within an overcrowded school complex unless the agency, within thirty days, can justify a denial to the appropriate authority. The board shall adopt procedures necessary to process waivers initiated by schools within an overcrowded school complex. This section shall apply to collective bargaining agreements as provided for in all relevant collective bargaining agreements negotiated pursuant to chapter 89.

(c) Any individual or entity proposing a housing development in an overcrowded school complex, prior to filing an environmental impact statement under section 343, shall consult with the principals of each school within that overcrowded school complex to discuss what measures the individual or entity will take to ensure that the proposed development will not aggravate the overcrowding within the school complex."

SECTION 2. Section 343-2, Hawaii Revised Statutes, is amended by amending the definition of "environmental impact statement" to read:

""Environmental impact statement" or "statement" means an informational document prepared in compliance with the rules adopted under section 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic welfare, social welfare, and cultural practices of the community and State, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects including overcrowding in public schools, and alternatives to the action and their environmental effects.

The initial statement filed for public review shall be referred to as the draft statement and shall be distinguished from the final statement which is the document that has incorporated the public's comments and the responses to those comments. The final statement is the document that shall be evaluated for acceptability by the respective accepting authority."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000, or so much thereof as may be necessary for fiscal year 2001-2002, for operating costs associated with remedying overcrowding within an overcrowded school complex.

SECTION 4. The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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