Report Title:

Constitutional Amendment; Special Education; School Choice

Description:

Proposes a constitutional amendment to authorize the State to provide scholarships for public elementary school and secondary school students with a disability to enroll in and attend not-for-profit private nonsectarian and sectarian elementary schools and secondary schools of choice in Hawaii, as provided by law.

THE SENATE

S.B. NO.

428

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

proposing amendments to article x, section 1, of the hawaii constitution To authorize the State to provide scholarships for public elementary and secondary school students with a disability to enroll in and attend not-for-profit private elementary and secondary schools of choice in Hawaii.

 

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 1, of the Constitution of the State of Hawaii to authorize the State to provide scholarships for public elementary school and secondary school students with a disability to enroll in and attend not-for-profit private nonsectarian and sectarian elementary schools and secondary schools of choice in Hawaii, as provided by law.

SECTION 2. Article X, section 1, of the Constitution of the State of Hawaii is amended to read as follows:

"PUBLIC EDUCATION

Section 1. The State shall provide for the establishment, support and control of a statewide system of public schools free from sectarian control, a state university, public libraries and such other educational institutions as may be deemed desirable, including physical facilities therefor. There shall be no discrimination in public educational institutions because of race, religion, sex or ancestry; nor shall public funds be appropriated for the support or benefit of any sectarian or nonsectarian private educational institution[, except that proceeds]:

1. Except that the proceeds of special purpose revenue bonds authorized or issued under section 12 of Article VII may be appropriated to finance or assist:

[1.] a. Not-for-profit corporations that provide early childhood education and care facilities serving the general public; and

[2.] b. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities[.]; and

2. Except that scholarships may be provided for public elementary school and secondary school students with a disability to enroll in and attend not-for-profit private nonsectarian and sectarian elementary schools and secondary schools of choice in Hawaii, as provided by law."

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

"Shall the State be authorized to provide scholarships for public elementary school and secondary school students with a disability to enroll in and attend not-for-profit private nonsectarian and sectarian elementary schools and secondary schools of choice in Hawaii, as provided by law?"

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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