Report Title:

Board of Education; Automony

Description:

Proposes an amendment to the state constitution to give the board of education exclusive jurisdiction over the internal structure, management, and operation of the public school system subject to the power of the legislature to identify and enact laws of statewide concern.

HOUSE OF REPRESENTATIVES

H.B. NO.

1583

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Proposing an amendment to the state constitution to give the board of education exclusive jurisdiction over the internal structure, management, and operation of the public school system subject to the power of the legislature to identify and enact laws of statewide concern.

 

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

SECTION 1. The purpose of this Act is to propose an amendment to article X, section 3, of the Constitution of the State of Hawaii to give the board of education exclusive jurisdiction over the internal structure, management, and operation of the public school system subject to the power of the legislature to identify and enact laws of statewide concern.

SECTION 2. Article X, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"POWER OF THE BOARD OF EDUCATION

Section 3. The board of education shall have the power[, as provided by law,] to formulate [statewide educational] policy [and appoint] and to exercise control over the public school system through its executive officer, the superintendent of education [as the chief executive officer of the public school system.], who shall be appointed by the board. The board shall also have exclusive jurisdiction over the internal structure, management, and operation of the public school system. This section shall not limit the power of the legislature to enact laws of statewide concern. The legislature shall have the exclusive jurisdiction to identify laws of statewide concern."

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

"Shall the state constitution be amended to give the board of education exclusive jurisdiction over the internal structure, management, and operation of the public school system subject to the power of the legislature to identify and enact laws of statewide concern?"

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 Constitutional material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

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