School-to-Work Pilot Project

Transfers the administration and supervision of the school-to-
work opportunities pilot project from the Hawaii school-to-work
opportunities executive council to the DOE.  Makes the Hawaii
school-to-work opportunities executive council an advisory body
to the BOE and the DOE.  (SD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Act 343, Session Laws of Hawaii 1997, is amended
 2 by amending sections 1 and 2 to read as follows:
 3      "SECTION 1.  The legislature finds that Hawaii and the rest
 4 of the states are undertaking a major initiative that involves
 5 reforming education, developing its workforce, and stimulating
 6 economic development.  The states are attempting to create a
 7 school-to-work system that all major industrialized countries
 8 have in place except for the United States.  To help accomplish
 9 this, Congress enacted the School-to-Work Opportunities Act of
10 1994, P.L. 103-239.  Hawaii will receive $10,200,000 over a five-
11 year period to build a school-to-work system.
12      Building a school-to-work opportunities system is a
13 difficult and enormous undertaking.  It requires systemic change
14 and involvement of all segments of the community in the effort,
15 particularly business, industry, and labor.  Moreover, it must
16 involve all of education from kindergarten to postsecondary
17 education, all academic and vocational disciplines, and all
18 students.
19      The purpose of this Act is to establish a school-to-work

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 1 opportunities system in Hawaii[, including the mechanism for
 2 governance, management, and distribution of federal and state
 3 resources].
 4      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 5 amended by adding a new part to be appropriately designated and
 6 to read as follows:
 7            "PART    . [SCHOOL TO WORK] SCHOOL-TO-WORK
 9      302A-   Hawaii school-to-work opportunities [executive]
10 advisory council; establishment; composition.(a)  There is
11 established [a] within the department for administrative purposes
12 the Hawaii school-to-work opportunities [executive] advisory
13 council.  The members of the advisory council shall be appointed
14 by the governor.  The advisory council shall consist of [up to,
15 but] not more than[,] twenty-one members.  [Council] The advisory
16 council's membership shall consist of six executive heads of
17 state agencies, the superintendent [of the department of
18 education], the president of the University of Hawaii, the state
19 director of vocational education, and the directors of the
20 departments of business, economic development and tourism, human
21 services, and labor and industrial relations, serving as ex
22 officio voting members.  Representatives from local or regional
23 partnerships, a student member, and a voting majority

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                                     S.B. NO.           S.D. 1

 1 representing business, industry, labor, and community
 2 organizations, which include regional representations from all
 3 the counties, shall be appointed [pursuant to section 26-34.] to
 4 the advisory council.
 5      The [length of service for] terms of the [directors of
 6 departments of the State] heads of state agencies represented on
 7 the advisory council shall be limited to the terms of their
 8 cabinet appointments.  The terms of all heads of non-state
 9 [agency head members] agencies represented on the advisory
10 council shall be for three years, commencing on July 1 of the
11 first year and ending on June 30, of the third year.  Terms shall
12 be staggered with one-third of the members being appointed in
13 each fiscal year.
14      (b)  Vacancies shall be filled by the governor for the
15 unexpired term.  The governor shall appoint as chairperson of the
16 advisory council a member other than the head of a state agency
17 [head], who shall be recommended by the council.
18      (c)  The [council] members of the advisory council shall
19 serve without pay but shall be entitled to their traveling
20 expenses within the State when attending meetings of the council
21 or when actually engaged in business relating to the work of the
22 council.
23      302A-   [Powers] Duties of the advisory council.  The

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                                     S.B. NO.           S.D. 1

 1 [powers] duties of the Hawaii school-to-work opportunities
 2 [executive] advisory council shall include[, but not be limited
 3 to:] providing advice to the board and the department on such
 4 matters as:
 5      (1)  Establishing and setting the general directions and
 6           policy for the Hawaii school-to-work opportunities
 7           system, [its] the advisory council, and the executive
 8           director;
 9      (2)  [Appointing, supervising, and if necessary, discharging
10           the executive director, not subject to chapters 76 and
11           77];
12      (3)] Establishing [rules] policies and procedures regarding
13           [its] the advisory council's membership and operations;
14     [(4)] (3)  Approving expenditure plans and [award
15           grants/contracts;] awarding grants and contracts;
16     [(5)  Ratifying the establishment of all necessary] (4)
17           Establishing standing and ad hoc advisory committees;
18           and
19     [(6)] (5)  Engaging in such activities as may be necessary or
20           desirable to implement the functions of the School-to-
21           Work Opportunities Act of 1994, [and of] the advisory
22           council [or through delegation to], and the executive
23           director.

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                                     S.B. NO.           S.D. 1

 1      302A-   Staff.  (a)  The superintendent of education may
 2 appoint an executive director that shall be employed by the
 3 department for the school-to-work opportunities pilot project.
 4 The executive director's employment shall not be subject to
 5 chapters 76 and 77.
 6      (b)  The [Hawaii school-to-work opportunities executive
 7 council] department may [appoint] employ such other staff as may
 8 be deemed necessary, [not subject] without regard to chapters 76
 9 and 77, to carry out [its functions and duties.  The staff of the
10 council shall report to the executive director.] the purposes of
11 this part.
12      302A-   Contracts.  The [Hawaii school-to-work
13 opportunities executive council or its executive director]
14 department may make, execute, enter into, amend, supplement, and
15 carry out contracts, and all other instruments the [council]
16 department finds are necessary or convenient [for the fulfillment
17 of its functions and duties.] to carry out the purposes of this
18 part.
19      302A-   Organizational relationships.  The Hawaii school-
20 to-work opportunities [executive] advisory council shall act as
21 the [governing] advisory board for the school-to-work system.
22 [The Hawaii school-to-work opportunities council and staff shall
23 be placed within the department of education for administrative

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 1 purposes.]"
 2      SECTION 2.  All rights, powers, functions, and duties of the
 3 Hawaii school-to-work opportunities executive council are
 4 transferred to the department of education.
 5      All officers and employees whose functions are transferred
 6 by this Act shall be transferred with their functions and shall
 7 continue to perform their regular duties upon their transfer,
 8 subject to the state personnel laws and this Act.
 9      No officer or employee of the State having tenure shall
10 suffer any loss of salary, seniority, prior service credit,
11 vacation, sick leave, or other employee benefit or privilege as a
12 consequence of this Act, and such officer or employee may be
13 transferred or appointed to a civil service position without the
14 necessity of examination; provided that the officer or employee
15 possesses the minimum qualifications for the position to which
16 transferred or appointed; and provided that subsequent changes in
17 status may be made pursuant to applicable civil service and
18 compensation laws.
19      In the event that an office or position held by an officer
20 or employee having tenure is abolished, the officer or employee
21 shall not thereby be separated from public employment, but shall
22 remain in the employment of the State with the same pay and
23 classification and shall be transferred to some other office or

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                                     S.B. NO.           S.D. 1

 1 position for which the officer or employee is eligible under the
 2 personnel laws of the State as determined by the head of the
 3 department or the governor.
 4      Any incumbent officer or employee of the State who does not
 5 have tenure and who may be transferred or appointed to a civil
 6 service position as a consequence of this Act, shall be granted
 7 regular civil service status without loss of seniority, prior
 8 service credit, vacation, sick leave, or other employee benefits,
 9 and without the necessity of examination; provided they possess
10 the minimum qualifications for the class to which their positions
11 are assigned.  The pay rate of non-tenured employees affected by
12 this Act shall be determined in the same manner as the pay rate
13 of other civil service employees in comparable positions with the
14 same length of service.  Any officer or employee converted by
15 this Act shall have performed work satisfactorily in the position
16 for a period of not less than six months prior to the effective
17 date of this Act.
18      All appropriations, records, equipment, machines, files,
19 supplies, contracts, books, papers, documents, maps, and other
20 personal property heretofore made, used, acquired, or held by
21 Hawaii school-to-work opportunities executive council relating to
22 the functions transferred to the department of education shall be
23 transferred with the functions to which they relate.

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                                     S.B. NO.           S.D. 1

 1      SECTION 3.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 4.  This Act shall take effect on January 1, 2901.