Report Title:

Reinventing Education Act of 2004; school community councils; principal performance contracts; weighted student formula.

 

Description:

Clarifies the role of school community councils, and increases the amount of funding controlled by schools.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1409

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO EDUCATION.

 

 

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

 


     SECTION 1.  Chapter 37-41.5, Hawaii Revised Statutes, is repealed.

     SECTION 2.  Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  [Repeal and reenactment on July 1, 2010.  L Sp 2008, c 5, §1.]  Excluded from the subjects of negotiations are matters of classification, reclassification, benefits of but not contributions to the Hawaii employer-union health benefits trust fund or a voluntary employees' beneficiary association trust; recruitment; examination; initial pricing; and retirement benefits except as provided in section 88-8(h).  The employer and the exclusive representative shall not agree to any proposal that would be inconsistent with the merit principle [or], the principle of equal pay for equal work pursuant to section 76-1, performance based contracts for principals, or that would interfere with the rights and obligations of a public employer to:

     (1)  Direct employees;

     (2)  Determine qualifications, standards for work, and the nature and contents of examinations;

     (3)  Hire, promote, transfer, assign, and retain employees in positions;

     (4)  Suspend, demote, discharge, or take other disciplinary action against employees for proper cause;

     (5)  Relieve an employee from duties because of lack of work or other legitimate reason;

     (6)  Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations;

     (7)  Determine methods, means, and personnel by which the employer's operations are to be conducted; and

     (8)  Take such actions as may be necessary to carry out the missions of the employer in cases of emergencies.

     [This subsection shall not be used to invalidate provisions of collective bargaining agreements in effect on and after June 30, 2007, and shall not preclude negotiations over the procedures and criteria on promotions, transfers, assignments, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions as a permissive subject of bargaining during collective bargaining negotiations or negotiations over a memorandum of agreement, memorandum of understanding, or other supplemental agreement.

     Violations of the procedures and criteria so negotiated may be subject to the grievance procedure in the collective bargaining agreement.] The employer and the exclusive representative may negotiate procedures governing the promotion and transfer of employees to positions within a bargaining unit; the suspension, demotion, discharge, or other disciplinary actions taken against employees within the bargaining unit; and the layoff of employees within the bargaining unit.  Violations of the procedures so negotiated may be subject to the grievance procedure in the collective bargaining agreement.  Negotiations shall not preclude the authority of school community councils set forth in section 302-1124, Hawaii Revised Statutes."

     SECTION 3.  Section 302A-619, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-619  Classification, educational officers.  The board shall classify all educational officer positions of the department and shall adopt two separate classification/compensation plans for educational officers.  One classification/compensation plan shall be for principals and vice-principals and shall be [based on the general pattern of a school administrator's career development and associated school administrator's qualification requirements.] performance based.  The board may consider the recommendations of the departmental working group on performance contracts for principals.  A separate classification/compensation plan shall be for all other educational officers and shall be reflective of the career development pattern and qualification requirements for the respective professional field of expertise; provided that both classification/compensation plans shall include classification appeals procedures."

     SECTION 4.  Section 302A-1124, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1124  Mandate to initiate school community councils.  (a)  The department, through the board and its superintendent, shall establish a school community council system under which each public school, excluding charter schools, shall create and maintain a school community council.  Each school community council shall:

     (1)  Review and evaluate the school's academic plan and financial plan, and either recommend revisions of the plans to the principal, or recommend the plans for approval by the complex area superintendent;

     (2)  Ensure that the school's academic and financial plans are consistent with the educational accountability system under section 302A-1004;

     (3)  Participate in principal selection and evaluation, and transmit any such evaluations to the complex area superintendent; and

     (4)  Provide collaborative opportunities for input and consultation.

The department may adopt administrative rules for the purpose of implementing this section, however, collective bargaining shall not be utilized to limit the powers of a school community council set forth in section 302A-1124(a).

     (b)  School community councils shall be exempt from the requirements of chapters 91 and 92.  The school community councils shall:

     (1)  Make available the notices and agendas of public meetings:

         (A)  At a publicly accessible area in the school's administrative office so as to be available for review during regular business hours; and

         (B)  On the school's internet web site, and the department's internet web site,

          not less than six calendar days prior to the public meeting, unless a waiver is granted by the superintendent in the case of an emergency; and

     (2)  Make available the minutes from public meetings on a timely basis in:

         (A)  The school's administrative office so as to be available for review during regular business hours; and

         (B)  On the school's internet web site, and the department's internet website.

The department shall maintain a comprehensive web site for school community council information including, but not limited to, council memberships, meeting dates, agendas, minutes, standardized forms that school community councils may elect to use, and training information.

     (c)  Complex area superintendents may require revisions to a school's academic and financial plans if the plans are in violation of law or conflict with statewide educational policies and standards, or are otherwise in the best interests of the school.  Complex area superintendents shall take into consideration any recommended revisions to the plans made by a school community council to the school principal pursuant to section 302A-1134(a)(1).

     (d)  The superintendent of education may recommend to the board of education dissolution of a school community council and establish an interim school community council if the school community council engages in any act or omission that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct.  The superintendent may recommend to the board the removal of any member of a school community council if:

     (1)  The member has been found to have committed any act or omission that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct; and

     (2)  A majority of members of the school community council vote to have the member removed from the council.

The superintendent [shall appoint or] facilitate the creation of an interim school community council at any school that has not established a council or has had its council dissolved.  In appointing or facilitating the creation of an interim school community council at any school that has had its council dissolved, the superintendent may appoint individuals who were previously members of the council.  The department and board shall adopt administrative rules to implement these procedures pursuant to chapter 91.

     (e)  Unless otherwise specified, each school community council shall establish policies governing the council's composition, election, staggered terms of office for members, operation, and vacancies; provided that:

     (1)  The number of school personnel [[]on[]] any school community council shall be [equal to] less than the number of primary stakeholders on the school community council;

     (2)  At the elementary and middle school levels, each school community council shall be composed of the principal and at least one member representing each of the following groups:

         (A)  Parents elected by ballots distributed among and collected from the parents of the school’s students;

         (B)  Teachers elected by ballots distributed among and collected from teachers of the school;

         (C)  Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

         (D)  Community representatives elected by ballots distributed among and collected from parents of the school's students; and

         (E)  Student representatives selected by the student council of the school; and

     (3)  At the high school level, each school community council shall be composed of the principal and at least one member representing each of the following groups:

         (A)  Parents elected by ballots distributed among and collected from parents of the school’s students;

         (B)  Teachers elected by ballots distributed among and collected from teachers of the school;

         (C)  Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

         (D)  Community representatives elected by ballots distributed among and collected from the parents of the school's students; and

         (E)  Student representatives selected by the student council of the school.

     For the purposes of this subsection, "primary stakeholders" means students, parents, and community members.

     (f)  School community councils shall elect officers, including:

     (1)  A chairperson;

     (2)  A vice-chairperson;

     (3)  A secretary; and

     (4)  Other officers as needed to perform stated duties in support of the work of the council.

     (g)  The principal shall have the authority to set aside any decision made by the school community council if the principal determines it to be in the best interests of the school; provided that the principal notifies the school community council.  If the school community council opposes a decision of the principal, an appeal shall first be brought to the complex area superintendent for resolution and, if necessary, to the superintendent and, finally, to the board of education.  Decisions of a school community council, and requests for exceptions from collective bargaining agreements may not be set aside according to terms of a collective bargaining contract or through a memorandum of understanding with a bargaining unit.

     (h)  Complex area superintendents shall assist the school community councils and principals within their respective complex areas in:

     (1)  Obtaining the support and services of the department; [and]

     (2)  Ensuring the progress and success of the school's academic and financial plan[.]; and

     (3)  Ensuring the effectiveness and involvement of the school community council."

     SECTION 5.  Section 302A-1301, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Not less than [seventy] eighty per cent of appropriations for the total budget of the department, excluding debt service and capital improvement programs, shall be expended by principals.  The board shall fully implement this section no later than July 1, 2009."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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