Report Title:

DOE; Teachers; Class Size; Appropriation

Description:

Requires DOE to reduce class sizes from kindergarten to the fifth grade. Appropriates funds for the reduction of class sizes, for part-time teachers and tutors in public elementary and intermediate schools that need them, and for part-time teachers and aides when the student-to-teacher ratio is exceeded in grades three to five. (SB1221 HD1)

THE SENATE

S.B. NO.

1221

TWENTY-THIRD LEGISLATURE, 2005

S.D. 2

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to students.

 

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

SECTION 1. The legislature finds that there are many benefits to reducing class size, especially in the lower grades. The majority of research continues to demonstrate that students from small classes outperform students from larger classes through the eighth grade. Students from smaller class sizes are less likely to be retained in a grade, participate more actively in class, and are less likely to be referred to special education. Both research and common sense suggest that teachers of smaller classes are able to devote more time to each student, which raises student achievement and can significantly improve the education of disadvantaged children.

The legislature further finds that not only students but also teachers benefit from smaller class sizes. Teachers who are assigned to smaller classes report higher morale and are often able to move more quickly through their curriculum. They experience fewer discipline problems and are better able to recognize any learning deficiencies or special education needs in their students.

The purpose of this Act is to improve education and student achievement in the lower grades by:

(1) Requiring the Department of Education (DOE) to reduce the student-to-teacher ratio from kindergarten to second grade, beginning with the 2007-2008 school year;

(2) Requiring DOE to develop a phase-in plan for the reduction of class sizes in grades three to five, over the next three school years beginning with the 2005-2006 school year; and

(3) Appropriating funds to:

(a) Reduce class sizes from kindergarten to fifth grade;

(b) Hire part-time teachers and tutors for elementary and intermediate schools that need them; and

(c) Hire additional part-time teachers and aides when the one-to-twenty-six student-to-teacher ratio is exceeded in grades three to five.

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

"§302A-   Class size reduction. (a) Subject to the availability of funds appropriated by the legislature and allotted by the governor, the department shall:

(1) Beginning with the 2007-2008 school year, reduce the ratio of students to teachers in kindergarten to not more than eighteen students to one teacher;

(2) Beginning with the 2008-2009 school year, reduce the ratio of students to teachers in grade one to not more than eighteen students to one teacher; and

(3) Beginning with the 2009-2010 school year, reduce the ratio of students to teachers in grade two to not more than eighteen students to one teacher.

(b) If in any year set forth in subsections (a)(1), (2), or (3), the department fails to attain, maintain, or both, the required ratio of students to teachers, and the department submits to the legislature the report required by subsection (f):

(1) Departmental compliance with the requirements of that paragraph may be delayed until such time as the department reports to the legislature that it is able to comply with the requirements of subsections (a)(1), (2), or (3); provided that in no event shall compliance with the requirements be delayed for more than three years; and

(2) The deadline for compliance with the requirements shall be postponed for an amount of time that is equal to the postponement authorized in paragraph (1).

(c) The department shall not include any students or teachers in categorical programs when computing the ratio of students to teachers specified in subsection (a). The exemption in subsection (a) shall not apply to the availability of funds allocated by the department.

(d) A special education student shall be counted as one full-time student when computing the ratio of students to teachers.

(e) If a school will not have the classrooms needed to accommodate the additional classes created by the reductions of the student-to-teacher ratio as specified in subsection (a), then the governor may reallocate the unexpendable operating funds to:

(1) Supplement any capital investment funds that may have been appropriated by the legislature to construct permanent or portable classrooms at the school, notwithstanding any other law to the contrary; and

(2) Provide additional part-time teachers for the school.

(f) The department shall report the failure to attain, maintain, or both, the ratio of students to teachers, including the reasons therefor, to the legislature. The report shall contain a discussion of all planning, programming, and budgeting decisions contributing to the failure and shall be submitted to the legislature not less than twenty days prior to the convening of any regular or special session next occurring after that failure.

(g) No funds appropriated for the purpose of class size reduction shall be used for administrative services, regardless of whether these services are provided to students.

(h) Each school shall determine through a collaborative process with teachers how funds shall be expended to reduce class size.

(i) This section shall apply only to elementary schools and those portions of multi-level or comprehensive schools using elementary school pedogogics.

(j) In the event of a conflict between this section and any other law, this section shall control."

SECTION 3. The department of education shall develop a phase-in plan for the reduction of class size for grades three, four, and five as follows:

(1) Beginning with the 2005-2006 school year, grade three class size shall not be more than twenty-five students per teacher;

(2) Beginning with the 2006-2007 school year, grade four class size shall not be more than twenty-five students per teacher; and

(3) Beginning with the 2007-2008 school year, grade five class size shall not be more than twenty-five students per teacher.

The department shall plan and budget for future classroom expansion and construction to accommodate this policy. Initially, the department shall be prepared to address the challenge creatively until the new construction has been completed.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 to phase in the reduction of class sizes in all public elementary schools for grades three through five to twenty-five students per teacher, over the next three years beginning with school year 2005-2006.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 to reduce the ratio of students to teachers in kindergarten through grade two in public schools.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 to hire part-time teachers, tutors, or both, for public elementary schools that need them; provided that no public elementary school shall receive more than $10,000 pursuant to this section.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 to hire part-time teachers, tutors, or both, in public intermediate schools that need them; provided that no public intermediate school shall receive more than $15,000 pursuant to this section.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 to hire additional part-time teachers, aides, or both, when the one-to-twenty-six ratio is exceeded in grades three to five in public schools.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 9. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2099.