Report Title:

BOE; Student Member

 

Description:

Proposes a constitutional amendment to make the student member of the Board of Education a voting member, with the exception that the student member shall not be permitted to vote upon matters regarding personnel. (HB2 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EDUCATION.

 

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

SECTION 1. The legislature finds that since 1988, the board of education (board) has included a student member who has provided valuable insight to the board. The student member provides a perspective that can only be gained by someone who is actually being educated by the public education system. However, although the student member's ideas and input have been very beneficial to the board, the student member has always been a nonvoting position.

For many years, attempts were made to change the student member's status to that of a voting member. There have been countless objections to this idea, which would require a constitutional amendment, and it has never made it to the electorate for consideration. Over the past several years, all of these objections to giving the student member the right to vote have been addressed. Concerns regarding the legality and constitutionality of allowing a minor to vote on the board, and relating to "one person-one vote" requirements have been found to be without merit by the attorney general. The attorney general has also refuted objections relating to liability. Most significantly, concerns relating the maturity of the student member have been shown to be completely unjustified. The rigorous process for selecting the student member has proven to be more than adequate to ensure that the student member can handle the responsibility of voting privileges, and has satisfied even the board members themselves. In fact, for the first time ever, the idea of a voting student member has received the support of the board of education.

The legislature also finds that having a voting student member of the board of education would significantly enhance that body's effectiveness. There are no justifiable reasons to keep voting rights from the student member at this time.

Therefore, the purpose of this Act is to propose an amendment to article X, section 2, of the Constitution of the State of Hawaii to change the status of the public high school student member on the board of education from that of a nonvoting member to that of a voting member, with the exception that the student member shall not be permitted to vote on matters regarding personnel.

SECTION 2. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"BOARD OF EDUCATION

Section 2. There shall be a board of education composed of members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from two at-large school board districts. The first school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated. The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law. There shall be at least one member residing in each departmental school district. The Hawaii State Student Council shall select a public high school student to serve as a [nonvoting] voting member on the board of education[.], with the exception that the student member shall not be permitted to vote upon matters regarding personnel."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the public high school student selected by the Hawaii State Student Council to serve as a nonvoting member on the board of education be allowed to vote on all matters except personnel matters?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.