Report Title:

School Autonomy and Accountability; Appropriation

 

Description:

Decentralizes authority and responsibility to the school level and appropriates funding for each year of the fiscal biennium for arts, physical education and learning materials, business services, and for business managers and trainers.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

596

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SCHOOLS.

 

 

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

 


     SECTION l.  The legislature finds that individual public schools are increasingly enjoying flexibility and autonomy in operations.  The Reinventing Education Act of 2004, Act 51, Session Laws of Hawaii 2004, as amended, envisions a public school system where the responsibility, flexibility, and accountability is located as close to the classroom as possible.  Under this policy, principals and their school community councils are taking greater responsibility for the successful management of their schools.

     The legislature further finds that the State has committed itself to greater decentralization of decision making and accounting of finances toward the individual school and the classroom.  To achieve this end, the department's school community councils and charter school local school boards should be increasingly allocated funds based on a per pupil basis that go directly to the school for management and allocation.

     With all the pressures on schools to achieve adequate yearly progress under the No Child Left Behind Act of 2001, Public Law 107-110, several important programs and expenditures are often given lower priority.

     Specifically, it is well known that participation in the performing and visual arts not only enriches student life, but also contributes to greater student achievement.  For many students, hands-on opportunities for self expression are keys to self esteem and control of disruptive behavior.  A complete education is one in which a young person is given continuous opportunities for expression through the arts.

     Secondly, it is also well known that many of our students are not physically fit, and in fact exhibit symptoms of childhood obesity.  Because student health relates not only to the physical well-being of our community but also contributes to student achievement, it is essential that physical education programs be sustained even as schools spend more resources on remedial tutoring designed to raise test scores.

     Finally, the ability of school communities to purchase high quality learning materials, whether virtual computer-based, text book, or other reading materials such as novels, is crucial for a dynamic and effective educational system.

     To respect the growing autonomy and accountability at the school level, funds should be allocated on a per pupil basis to expend on the arts, physical education, and learning materials.  The school community councils need to have complete authority over these funds to ensure they are spent in accordance with the needs of their school, and to squarely place accountability on the school community councils and the charter school local school boards for the expenditure of these funds.

     The purpose of this Act is to achieve the following:

     (1)  Further decentralize authority and responsibility to the school level;

     (2)  Empower and hold accountable department of education school community councils and charter school local school boards in the allocation of funds earmarked for the arts, physical education, and learning materials;

     (3)  Provide up to $           per pupil for these earmarked purposes;

     (4)  Provide an additional $           per pupil to allow schools to purchase business services to ensure each school is using best accounting and record keeping practices and is prepared for a financial audit; and

     (5)  Provide funds for each complex area to hire a business manager and trainer to provide services to schools in their newly granted responsibilities.

     SECTION 2.  Section 302A-604, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-604  Complex area superintendents.  The superintendent of education, with the approval of the board, shall appoint complex area superintendents for schools.  The complex area superintendents shall [supervise] oversee and support schools in the delivery of administrative and instructional support services within their respective complex areas, including:

     (1)  Personnel, fiscal, and facilities support;

     (2)  Monitoring of compliance with applicable state and federal laws; and

     (3)  Curriculum development, student assessment, and staff development services[.]; provided that the complex area superintendents shall respect the authority and responsibility granted principals and school community councils under Act 51, Session Laws of Hawaii 2004."

     SECTION 3.  Section 302A-1124, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  The department, through the board and its superintendent, shall establish a school community council system under which each public school, excluding charter schools, shall create and maintain a school community council.  Each school community council shall:

     (1)  [Review] Adopt, review, and evaluate the school's academic plan and financial plan[, and either recommend revisions of the plans to the principal, or recommend the plans for approval by the complex area superintendent];

     (2)  Ensure that the school's academic and financial plans are consistent with the educational accountability system under section 302A-1004;

     (3)  Participate in principal selection and evaluation, and transmit any [such] evaluations to the complex area superintendent; and

     (4)  Provide collaborative opportunities for input and consultation."

     2.  By amending subsection (c) to read:

     "(c)  Complex area superintendents may [require] request revisions to a school's academic and financial plans if the plans are in violation of law or conflict with statewide educational policies and standards[, or are otherwise in the best interests of the school]."

     SECTION 4.  Section 302A-1308, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1308  Use of resources by schools.  School principals shall consult with teachers, parents, and students to solicit their advice on the use of moneys and positions.  Prior to expending moneys and implementing position assignments, principals shall submit plans for the use of the moneys and positions to their complex area superintendents who shall review the plans for conformance with departmental policies and rules.  [Upon approval of the plans, moneys] Upon determination by the complex area superintendent that a school's plans are not in conflict with existing laws, policies and rules, school community councils and the school principals shall have independent authority to authorize the expenditure of funds.  Moneys may be expended by the principals for supplies, textbooks, equipment, and services.  Positions may be used to meet the unique needs of the schools."

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, to the department of education; provided that:

     (1)  The per school allocation shall be made based on the total official enrollment at each school as determined by the official department of education enrollment survey or the October 15 charter school enrollment survey;

     (2)  These funds shall be used for any or all of three purposes, namely arts education, physical education, and learning materials; and

     (3)  The department of education school community councils or charter school local school boards shall have full and independent authority and responsibility for the expenditure of these funds.

The department of education shall transfer the appropriate per pupil amounts for charter schools to the charter school administrative office no later than July 15, of each fiscal year for distribution to the charter schools.

     The sums appropriated shall be expended by the department of education for the purposes of this section.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, to the department of education for each school to purchase business services either from the department of education or other sources to assist the school in adopting best practices for accounting and recordkeeping; provided that these amounts shall be allocated on a per pupil basis to each department of education school community council or charter school local school board in an amount not to exceed $           per pupil as determined by the department's fall enrollment count or the charter school official enrollment count.  The school community council or local school board shall expend these funds with the goal of ensuring that their school is prepared for a financial audit.  The department of education shall transfer the appropriate per pupil amounts for charter schools to the charter school administrative office no later than July 15, of each fiscal year for distribution to the charter schools.

     The sums appropriated shall be expended by the department of education for the purposes of this section.

     SECTION 7.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, to the department of education for the establishment of one full-time equivalent permanent business manager and training for each of the fifteen school complexes to assist schools in developing and maintaining professional financial planning and records and such other responsibilities as the chief financial officer deems appropriate.

     The sums appropriated shall be expended by the department of education for the purposes of this section.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2008, provided that sections 5, 6, and 7 shall take effect on July 1, 2007.

 

INTRODUCED BY:

_____________________________