REPORT TITLE:
Education


DESCRIPTION:
Proposes constitutional amendments to make the President of the
University of Hawaii an ex officio nonvoting member of the Board
of Education, and the Superintendent of Education an ex officio
nonvoting member of the Board of Regents.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.433        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
PROPOSING AMENDMENTS TO ARTICLE X, SECTIONS 2 AND 6, OF THE
   HAWAII CONSTITUTION, RELATING TO EDUCATION.



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

 1      SECTION 1.  The legislature finds that Hawaii's unified
 
 2 public school system and unified system of higher education
 
 3 presents an opportunity not found in other states to coordinate
 
 4 primary and secondary education with post-secondary education.
 
 5 By developing an integrated vision of education from kindergarten
 
 6 through the fourth year of college and beyond, the State can
 
 7 better serve the needs of our community.
 
 8      The policy-making body of the department of education is the
 
 9 board of education, which selects a superintendent to implement
 
10 its policies.  Similarly, the policy-making body of the
 
11 University of Hawaii is the board of regents, which selects a
 
12 president to implement its policies.  Making the superintendent a
 
13 member of the board of regents and the University president a
 
14 member of the board of education would result in increased
 
15 coordination between the department of education and the
 
16 University of Hawaii.
 
17      The purpose of this Act is to propose amendments to article
 
18 X, sections 2 and 6 of the Constitution of the State of Hawaii to
 

 
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                                     H.B. NO.433        
                                                        
                                                        


 1 provide for the appointment of the president of the University of
 
 2 Hawaii, or a designee, as an ex officio nonvoting member of the
 
 3 board of education, and the appointment of the superintendent of
 
 4 education, or a designee, as an ex officio nonvoting member of
 
 5 the board of regents.
 
 6      SECTION 2.  Article X, section 2, of the Constitution of the
 
 7 State of Hawaii is amended to read as follows:
 
 8                        "BOARD OF EDUCATION
 
 9      Section 2.  There shall be a board of education composed of
 
10 members who shall be elected in a nonpartisan manner by qualified
 
11 voters, as provided by law, from two at-large school board
 
12 districts.  The first school board district shall be comprised of
 
13 the island of Oahu and all other islands not specifically
 
14 enumerated.  The second school board district shall be comprised
 
15 of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai
 
16 and Niihau.  Each at-large school board district shall be divided
 
17 into departmental school districts, as may be provided by law.
 
18 There shall be at least one member residing in each departmental
 
19 school district.  The Hawaii State Student Council shall select a
 
20 public high school student to serve as a nonvoting member on the
 
21 board of education.  The president of the University of Hawaii,
 
22 or a designee, shall serve as an ex officio nonvoting member of
 
23 the board of education."
 

 
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                                     H.B. NO.433        
                                                        
                                                        


 1      SECTION 3.  Article X, section 6, of the Constitution of the
 
 2 State of Hawaii is amended to read as follows:
 
 3                     "BOARD OF REGENTS; POWERS
 
 4      Section 6.  There shall be a board of regents of the
 
 5 University of Hawaii, the members of which shall be nominated
 
 6 and, by and with the advice and consent of the senate, appointed
 
 7 by the governor.  At least part of the membership of the board
 
 8 shall represent geographic subdivisions of the State.  The board
 
 9 shall have the power, as provided by law, to formulate policy,
 
10 and to exercise control over the university through its executive
 
11 officer, the president of the university, who shall be appointed
 
12 by the board; except that the board shall have exclusive
 
13 jurisdiction over the internal organization and management of the
 
14 university.  This section shall not limit the power of the
 
15 legislature to enact laws of statewide concern.  The
 
16 superintendent of education, or a designee, shall serve as an ex
 
17 officio nonvoting member of the board of regents."
 
18      SECTION 4.  The question to be printed on the ballot shall
 
19 be as follows:
 
20      "Shall the President of the University of Hawaii, or a
 
21      designee, serve as a nonvoting member of the Board of
 
22      Education; and shall the Superintendent of Education, or a
 
23      designee, serve as a nonvoting member of the Board of
 
24      Regents?"
 

 
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                                     H.B. NO.433        
                                                        
                                                        


 1      SECTION 5.  Constitutional material to be repealed is
 
 2 bracketed.  New constitutional material is underscored.
 
 3      SECTION 6.  This amendment shall take effect upon compliance
 
 4 with article XVII, section 3, of the Constitution of the State of
 
 5 Hawaii.
 
 6 
 
 7                         INTRODUCED BY:___________________________