REPORT TITLE:
BOE; Composition of the Board


DESCRIPTION:
Proposes an amendment to article X, section 2, of the state
constitution to change the composition of the board of education.
Applies to persons elected or appointed to the BOE at the time of
the special election held in conjunction with the first general
election following the ratification of the proposed amendment.
(HB2265 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2265
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE BOARD OF EDUCATION.



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

 1      SECTION 1.  The purpose of this Act is to propose an
 
 2 amendment to article X, section 2, of the state constitution to
 
 3 reduce the voting membership of the board of education to nine
 
 4 persons:
 
 5      (1)  Six of whom are elected by qualified voters, with one
 
 6           elected member residing in each departmental school
 
 7           district of the second school board district (Hawaii,
 
 8           Maui, Lanai, Molokai, Kahoolawe, Kauai, and Niihau);
 
 9           and
 
10      (2)  Three of whom are nominated and, by and with the
 
11           consent of the senate, appointed by the governor.
 
12      SECTION 2.  Article X, section 2, of the Constitution of the
 
13 State of Hawaii is amended to read as follows:
 
14                        "BOARD OF EDUCATION
 
15      Section 2.  There shall be a board of education composed of
 
16 nine voting members [who], six of whom shall be elected in a
 
17 nonpartisan manner by qualified voters, as provided by law, from
 
18 two at-large school board districts[.]; and three of whom shall
 
19 be nominated and appointed by the governor in accordance with
 
20 Article V, Section 6.  The first school board district shall be
 

 
Page 2                                                     2265
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 comprised of the island of Oahu and all other islands not
 
 2 specifically enumerated.  The second school board district shall
 
 3 be comprised of the islands of Hawaii, Maui, Lanai, Molokai,
 
 4 Kahoolawe, Kauai and Niihau.  Each at-large school board district
 
 5 shall be divided into departmental school districts, as may be
 
 6 provided by law.  There shall be [at least] one elected member
 
 7 residing in each departmental school district[.] of the second
 
 8 school board district.  The Hawaii State Student Council shall
 
 9 select a public high school student to serve as a nonvoting
 
10 member on the board of education."
 
11      SECTION 3.  Article XVIII of the Constitution of the State
 
12 of Hawaii is amended by adding two new sections to be
 
13 appropriately designated and to read as follows:
 
14                "2000 BOARD OF EDUCATION ELECTIONS
 
15      Section   .  Members elected to the board of education in
 
16 the 2000 general election shall serve for two-year terms.
 
17 Members appointed by the governor to fill a vacancy in the
 
18 membership of the board of education shall serve until the
 
19 general election of 2002.
 
20                 2002 BOARD OF EDUCATION ELECTIONS
 
21      Section   .  Members of the board of education elected at
 
22 the special election held in conjunction with the general
 
23 election in 2002 shall be divided into two classes.  There shall
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 be three members in the first class who shall hold office for a
 
 2 term of four years beginning with their election and ending on
 
 3 the day of the special election held in conjunction with the
 
 4 second general election after their election.  The remaining
 
 5 members shall comprise the second class and shall hold office for
 
 6 a term of two years beginning with their election and ending on
 
 7 the day of the special election held in conjunction with the next
 
 8 general election after their election, and then members of the
 
 9 second class shall be elected to four year terms.
 
10      Membership in the first class shall consist of two members
 
11 who are elected with the highest number of votes from the first
 
12 school board district and one member who is elected with the
 
13 highest number of votes from the second school board district.
 
14 Membership in the second class shall consist of the remaining
 
15 elected school board members."
 
16      SECTION 4.  The question to be printed on the ballot shall
 
17 be as follows:
 
18      "Shall the voting membership of the board of education be
 
19      reduced to nine persons:
 
20      (1)  Six of whom are elected by qualified voters, with one
 
21           elected member residing in each departmental school
 
22           district of the second school board district (Hawaii,
 
23           Maui, Lanai, Molokai, Kahoolawe, Kauai, and Niihau);
 
24           and
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  Three of whom are nominated and, by and with the
 
 2           consent of the senate, appointed by the governor?"
 
 3      SECTION 5.  Constitutional material to be repealed is
 
 4 bracketed.  New constitutional material is underscored.
 
 5      SECTION 6.  This amendment shall take effect upon compliance
 
 6 with article XVII, section 3, of the Constitution of the State of
 
 7 Hawaii.