STAND. COM. REP. NO. 84

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 150
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Education, to which was referred H.B. No.
150 entitled: 

     "A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose of this bill is to advance accountability in
public education by making statutory amendments that are in
concert with a proposal in another bill (H.B. No. 149) to amend
the State Constitution to change the Board of Education (BOE)
from an elected body to an appointed body.

     Testimony in support of H.B. No. 150 was submitted by the
Hawaii Business Roundtable and the United Public Workers.
Testimony in opposition to the bill was submitted by the Board of
Education and the Hawaii State Parent Teacher Student
Association.  An individual commented on the measure.

     Your Committee finds that public education in Hawaii has
languished, and the primary reason is the lack of accountability
at all levels.  In conjunction with H.B. No. 149, this bill seeks
to establish accountability at the highest level.

     Currently, the responsibility and authority for public
education is ambiguous.  The BOE is responsible for establishing
education policies and developing a budget that incorporates
these policies.  However, the Governor reviews the education
budget developed by the BOE and has the authority to revise it
before submitting it to the Legislature.  The Legislature has the

 
 
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                                 Page 2

 
ultimate authority to fund public education.  In doing so, it can
continue or create programs and discontinue others without the
approval of the BOE.  

     If the members of the BOE are appointed by the Governor, the
accountability issue is clarified.  The Governor would be
accountable for public education, just as the Governor is
accountable for all other functions of executive branch
departments.

     The bill has been amended by:

     (1)  Removing any appointed member of the Board of Education
          from the definition of "elective officer" or "elective
          official" in Chapter 88, Hawaii Revised Statutes (HRS),
          which establishes a retirement system for State
          employees; and

     (2)  Deleting reference in Section 302A-1110, HRS, to
          Chapter 13, HRS, which is repealed by the bill.

     As affirmed by the record of votes of the members of your
Committee on Education that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
150, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 150, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education,



                                   ______________________________
                                   KEN ITO, Chair