Report Title:

Education Reform

 

Description:

Implements decentralization of education governance and management to the school-community level and other aspects of full education reform. (HB2037 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2037

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education reform.

 

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

SECTION 1. The legislature finds that the critical problem with Hawaii's public education system lies with its current governance and management structure. As a highly centralized system, the department of education in this State is unique in the nation. While this system provides central financing and equitable distribution within the system, it also has serious drawbacks: overlapping authorities, ambiguous responsibilities, lack of accountability, micromanagement by bureaucrats and political interests, unsatisfactory performance, and, above all, responsibility and accountability far removed from the classrooms and local communities.

The legislature finds that Hawaii's public education system can be best reformed by devolving most responsibility and authority to the local community level and thereby providing increased accountability and clear lines of authority.

To this end, the legislature has proposed to the voters a constitutional amendment abolishing the board of education and providing that the department of education will be headed by a superintendent appointed by the governor. The legislature has further proposed that the department's responsibilities be determined by statute in order to effectuate the goal of decentralization.

To implement this goal, the department shall establish fifteen school complex areas throughout the State. There shall be one area school board for each complex area that shall be primarily responsible for the delivery of public education within the complex area. The area school boards shall each be composed of four elected and three appointed members, and shall each appoint an complex area superintendent with broad powers and flexible authority to encourage, assist, and support schools within their complex areas.

The purpose of this Act is to implement these goals and provide the structure for new and improved governance and management of our public school system.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . School governance

§302A-A Department of education; superintendent. (a) There shall be a principal executive department to be known as the department of education, which shall be headed by a single executive to be known as the superintendent of education, who shall be responsible for the supervision and management of the department. The governor shall appoint and may remove the superintendent of education as provided in the Hawaii Constitution and section 26-34.

(b) The superintendent shall hold no other public office or other employment during the superintendent's term of office.

(c) The superintendent shall be paid a salary set by the governor within the range of $         to $        . The superintendent shall be exempt from chapters 76 and 89, but shall be a member of the state employees' retirement system and shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State, including those under chapter 87.

§302A-B Superintendent; powers and duties. The superintendent shall be responsible for the general supervision and management of the department. In addition, the superintendent, in consultation with the complex area boards, shall:

(1) Establish such bureaus and other offices and employ such staff and consultants as may be necessary for the proper and efficient administration of the department;

(2) Propose a budget to the governor that shall reflect the overall goals and objectives of the department. Upon approval by the governor, the superintendent shall submit the department's budgetary proposals to the legislature;

(3) Analyze the present and future goals, needs, and requirements of public early childhood, elementary, secondary, and vocational-technical education in the State and establish comprehensive means to achieve a well-coordinated system of high achievement in public education;

(4) Prepare a six-year master plan for public early childhood, elementary, middle, high school, and vocational-technical education. The master plan shall include:

(A) Enrollment projections;

(B) Utilization of existing facilities;

(C) Promotion of research;

(D) Programmatic excellence;

(E) Community service activities and community school activities;

(F) Recommendations for the construction or acquisition of new facilities

(G) Program distribution; and

(H) The need for program revision, including the termination of obsolete or unnecessarily duplicative programs.

The master plan along with an annual progress report shall reflect the goals and standards of the department;

(5) Receive reports, undertake research, and facilitate coordination among and between school complex areas;

(6) Assist school complex areas, as requested, in the development of school/community-based management systems as provided in section 302A-1124 and in the delivery of public education within each complex area. Such assistance shall focus on the implementation of participatory management systems involving all school-based professionals, parents, and on the secondary level, students;

(7) Facilitate partnerships of public early childhood, elementary, middle, high school, and vocational-technical schools with civic, conservation, business, cultural, and labor organizations, and with the University of Hawaii;

(8) Assess the effectiveness and monitor the improvement of the public schools in each complex area, including charter schools;

(9) Appoint independent fact-finding teams to assess the reasons for a school or school complex area's underperformance and assess prospects for school complex area improvement;

(10) Withhold state and federal funds from school complex areas and charter schools that fail to comply with the provisions of law relative to the operation of the public schools and charter schools or any rule of the superintendent;

(11) Establish the process and standards for declaring a school or school complex area to be "underperforming" or "chronically underperforming";

(12) Review and approve federal grant applications from area school complexes for public early childhood, elementary, middle, high school, and vocational-technical schools, and develop guidelines as needed for the disbursement of those funds in accordance with law. The superintendent shall be the approving authority for all federal educational grants and programs to be undertaken by public early childhood, elementary, middle, high school, and vocational-technical schools. The superintendent shall be the state education agency for purposes of federal law;

(13) Establish guidelines for establishing systems of personnel evaluation, including teacher performance standards; provided that public school complex areas shall be responsible for developing and implementing programs and standards, which may provide for a more rigorous and comprehensive evaluation process. The guidelines shall be reviewed at least every other school year;

(14) Seek, accept, establish, and administer grants, gifts, awards, and trusts for public early childhood, elementary, middle, high school, and vocational-technical education from foundations, corporations, individuals, and federal agencies, and develop guidelines as needed for the disbursement of those funds in accordance with applicable law and pursuant to the terms of the grant, gift, award, or trust;

(15) Do any and all things necessary to carry out the purposes and exercise the powers given to the superintendent under this chapter.

§302A-C School complex areas; establishment. The department shall be organized into fifteen school complex areas which shall each consist of multiple school complexes, and whose composition shall be determined by the department; provided that to the extent possible:

(1) Each complex area shall contain approximately the same number of schools; and

(2) Each complex area shall cover a contiguous land area; provided that the islands of Moloka'i, Lana'i, and Ni'ihau may be incorporated within other complex areas.

§302A-D Area school boards; duties; composition; qualifications; elections; term, vacancies. (a) There shall be one school board for each complex area that shall be principally accountable and responsible for the development of educational policy and the delivery of public education within its complex area. The members of the area boards shall serve without compensation, but may be reimbursed for expenses necessarily and reasonably incurred in the performance of their responsibilities. The area boards shall conduct public meetings and shall solicit the opinions and expertise of stakeholders, including parents, students, teachers, school administrators, community members, and other interested parties.

(b) Each area board shall consist of seven members. Four of the members shall be elected in a nonpartisan manner by registered voters in their respective complex areas. Three members shall be appointed by the superintendent. Each area board shall select a chair from among its members.

(c) No person shall be eligible for election or appointment to an area board unless the person is a registered voter and a resident of the complex area from which the person is to be elected or appointed. No member of an area board shall hold or be a candidate for any other public office under the state or county governments in accordance with article II, section 7 of the Constitution of the State; nor shall a person be eligible for election or appointment to an area board if that person is also a candidate for any other public office under the state or county governments. As used in this section, "public office" does not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster relief.

(d) The elected members of an area board shall be elected at a general election in which the four candidates who receive the most votes shall be elected. In the event that there are not enough qualified candidates to fill the elected seats on an area board, the superintendent shall select members to fill the remaining seats.

(e) Members of area boards shall serve for a term of four years, which shall begin for all members on the day of the election of the elected members. Any vacancy that occurs through any cause other than the expiration of the term of office shall be filled by the appointment of a new member by the superintendent.

§302A-E School complex areas; complex area superintendent; appointment and qualifications. (a) Each area board shall appoint the complex area superintendent of each school complex area and fill any vacancy occurring in that position; provided that the superintendent of education shall nominate three candidates from which each area board shall select its complex area superintendent.

(b) In nominating complex area superintendents, the superintendent of education shall select persons on the basis of their knowledge, experience, or proven expertise in administration, management, and professional responsibility.

(c) The complex area superintendents shall hold no other public office or other employment.

(d) The complex area superintendents shall be paid salaries set by the superintendent within the range of $       to $      . The complex area superintendents shall be exempt from chapters 76 and 89, but shall be members of the state employees' retirement system and shall be eligible to receive the benefit of any state or federal employees benefit program generally applicable to officers and employees of the State, including those under chapter 87.

§302A-F Complex area superintendents; appointees; powers; duties. (a) Each complex area superintendent shall appoint such administrators for the complex area as the area superintendent officer determines to be necessary.

(b) Each complex area superintendent shall contract for or employ such consultants, counsel, or other outside parties as in the complex area superintendent's reasonable judgment shall be necessary to design, implement, or evaluate the plan for the school complex area and to properly operate the school complex area.

(c) Each complex area superintendent, in consultation with the department of education, shall set goals for the complex area's educational, financial, and management progress and establish accountability standards with which to measure the complex area's progress.

(d) Each complex area superintendent shall have the responsibility and authority to hire a principal and such vice principals or principals as may be deemed necessary for each public school within the complex area, and shall further have the responsibility and authority to evaluate and remove all such principals and vice principals.

(e) Each complex area superintendent shall develop, implement, and regularly update a plan to measure student academic performance at each school within the complex area. Subject to chapter 89, where measurements demonstrate that students in particular schools are not achieving, or are not improving their achievement levels at an acceptable rate, the plan shall contain provisions requiring the complex area superintendent to take corrective action within those schools, including reallocation of academic and financial resources, reassignment of staff, redesign of academic program, and deploying additional assistance to students.

(f) Each complex area superintendent shall issue an annual report to residents of the complex area that includes results of achievement measurements made under this section and delineates the nature of any reforms and corrective actions being taken in response to any failure to achieve at an acceptable level or rate. The report shall also contain descriptions of efforts undertaken to improve the overall quality or efficiency of operation of the complex area, shall list the source of all complex area revenues, and shall contain a description of all complex area expenditures during the preceding fiscal year.

(g) Each complex area superintendent shall implement a public awareness campaign to keep the parents and guardians of the complex area's students informed of the changes being implemented within the complex area. The campaign may include such methods as community forums, letters, and brochures, and may include the annual distribution to all parents and guardians of an information card specifying the names, business addresses, and telephone numbers of the ombudspersons appointed under this section and other employees of the complex area who may serve as information resources for parents and guardians.

(h) In addition to the other duties specified in this section, each complex area superintendent shall:

(1) Exercise supervision and control over all schools within the school complex area;

(2) Visit each public school in the complex area regularly, noting the methods of instruction, the textbooks used, and the discipline and general condition of the schools;

(3) Give teachers and school officers such directions in the science, art, and methods of teaching, and in regard to courses of study, as the complex area superintendent deems expedient;

(4) In consultation with the superintendent, act as the official adviser and assistant of the school officers and teachers in the complex area.

(5) Conduct a teachers' institute, aid and encourage the formation of other teachers' meetings, and assist in their management;

(6) Labor in every practicable way to elevate the standard of teaching and improve the condition of the schools of the complex area; and

(7) Inspect and survey all public schools within the complex area and notify the superintendent of the need for repairs and maintenance.

§302A-G Rules. The superintendent shall adopt rules pursuant to chapter 91 as may be necessary to implement this part."

SECTION 3. Section 26-12, Hawaii Revised Statutes, is amended to read as follows:

"§26-12 Department of education. (a) The department of education shall be headed by [an executive board to be known as the board of education.

Under policies established by the board, the superintendent] a single executive to be known as the superintendent of education, who shall [administer] coordinate the delivery by school complex areas of programs of education and public instruction [throughout the State] within each complex area, including education at the preschool, [primary, and secondary] elementary, middle, and high school levels, adult education, school library services, health education and instruction (not including dental health treatment transferred to the department of health), and such other programs as may be established by law.

(b) The state librarian, under policies established by the [board of education,] superintendent, shall be responsible for the administration of programs relating to public library services and transcribing services for the blind.

(c) The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.

(d) The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.

(e) The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.

(f) Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services, the [board of education] superintendent may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.

(g) Notwithstanding any law to the contrary, the [board of education] superintendent may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the [board of education] superintendent on matters relating to public library services in their respective county."

SECTION 4. Section 302A-604, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-604[]] [District superintendents.] Complex area superintendents. (a) [The superintendent of education, with the approval of the board,] Area school boards shall appoint [district superintendents] complex area superintendents for [schools.] each school complex area in accordance with section 302A-E.

(b) In addition to any other duties specified in section 302A-E, complex area superintendents shall be responsible and accountable for the delivery of all administrative and instructional support services, within their respective areas, which shall include:

(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."

SECTION 5. Section 302A-1102, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1102[]] Department of education; statewide and regional [administrative services.] administration. (a) The department shall serve as the central [support] system responsible for the overall [administration] coordination of statewide educational policy, including the interpretation[,] and [development] implementation of academic standards [for], monitoring of compliance with state and federal laws, and [coordination and] preparation and execution of a [systemwide] statewide budget for the public [schools.] school system.

(b) The department [may] shall establish [regional administrative units to provide administrative support to the schools for personnel, fiscal, and procurement services.] school complex areas to provide the delivery of public education within their respective areas, which shall include:

(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.

The [regional administrative units] school complex areas [may] shall also be assigned responsibility for the administration and operation of special education programs [and special schools]."

SECTION 6. Section 302A-1101, Hawaii Revised Statutes, is repealed.

["§302A-1101 Department of education; board of education; superintendent of education. (a) There shall be a principal executive department to be known as the department of education, which shall be headed by an elected policy-making board to be known as the board of education. The board shall have power in accordance with law to formulate statewide educational policy, adopt student performance standards and assessment models, monitor school success, and to appoint the superintendent of education as the chief executive officer of the public school system.

(b) The board shall appoint, and may remove, the superintendent by a majority vote of its members. The superintendent:

(1) May be appointed without regard to the state residency provisions of section 78-1(b);

(2) May be appointed for a term of up to four years; and

(3) May be terminated only for cause.

(c) The board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board, who shall serve for a two-year term without compensation. As the liaison to the board, the military representative shall advise the board regarding state education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel. The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, regulations, and policies and may be removed only for cause by a majority vote of the members of the board."]

SECTION 7. Sections 302A-1104, 302A-1105, and 302A-1106, Hawaii Revised Statutes, are repealed.

["[§302A-1104] Learning support centers. Beginning with the 1995-1996 school year and until June 30, 1999, school-level support for curriculum and instruction shall be provided through learning support centers to be governed by schools within each complex. The centers shall assist school personnel in the delivery of instructional services by providing support through curriculum development, student assessment, staff development, and resource allocation. The types of services offered and the manner in which these services are provided by the centers, as well as the prioritization and allocation of available resources, shall be determined by policies established by each complex. Any regional administrative units established by the department shall be assigned all administrative functions and provide administrative support to the learning support centers.

[§302A-1105] Compensation; expenses. Board of education members shall be allowed:

(1) Compensation at the rate of $100 per day for each day's actual attendance at meetings;

(2) Transportation fares between islands and abroad; and

(3) Personal expenses at the rates specified by section 78-15, while attending board meetings or while on official business as authorized by the chairperson, when the board meetings or official business require a board member to leave the island upon which the board member resides.

[§302A-1106] Organization; quorum; meetings. The board shall elect from its own membership a chairperson and a vice-chairperson. A majority of all members to which the board is entitled shall constitute a quorum to do business and the concurrence of a majority of all members to which the board is entitled shall be necessary to make any action of the board valid; provided that due notice shall have been given to all members of the board or a bona fide attempt shall have been made to give due notice to all members of the board to whom it was reasonably practicable to give due notice. Meetings shall be called and held, at the call of the chairperson or by a quorum, as often as may be necessary for the transaction of the department's business."]

SECTION 8. Section 302A-1111, Hawaii Revised Statutes, is repealed.

["[§302A-1111] Duties of superintendent. (a) Under policies established by the board, the superintendent shall be designated as the chief executive officer of the public school system having jurisdiction over the internal organization, operation, and management of the public school system, as provided by law; and shall administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, and such other programs as may be established by law.

(b) Except as otherwise provided, the superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department. The superintendent may use a printed facsimile signature in approving appointments, contracts, and other documents. The superintendent, at such time as may be prescribed by the board, shall present to the board full annual reports of the principal transactions within the department during the last completed year, which reports together with such recommendations as the board may think proper, shall be presented to the governor and the legislature."]

SECTION 9. The Hawaii Revised Statutes is amended by substituting the words "superintendent of education", "superintendent", or like terms, wherever the words "board of education", "board", or like terms occurs, as the context requires.

SECTION 10. All rights, powers, functions, and duties of the board of education are transferred to the department of education.

The attorney for the board of education shall be transferred to the civil rights division of the department of education.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 11. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the board of education relating to the functions transferred to the superintendent of education shall be transferred with the functions to which they relate.

SECTION 12. The legislature recognizes that there are a number of additional conforming amendments to the Hawaii Revised Statutes that need to be made to implement this Act. Accordingly, the superintendent of education, with the assistance of the legislative reference bureau, shall review the statutory framework of the department of education and propose amendatory legislation as may be necessary to achieve the intent of this Act. The legislative reference bureau shall further provide such assistance to the superintendent as may be necessary in drafting appropriate legislation. The superintendent shall submit its interim findings and recommendations, including any proposed legislation, to the legislature no later than February 28, 2003, and its final findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2004.

SECTION 13. In codifying the new sections added by section 3 of this Act, the reviser of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect upon its approval and upon the ratification of a constitutional amendment requiring the abolition of the board of education and the appointment of the superintendent of education by the governor.