HOUSE OF REPRESENTATIVES

H.B. NO.

2808

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to education.

 

 

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

 


     SECTION 1.  The purpose of this Act is to statutorily implement, upon its ratification, the constitutional amendment to article X, section 3, of the Hawaii constitution, that removes reference to the superintendent of education as a position appointed by the board of education.  Instead, the legislature finds that the superintendent of education should be appointed by the governor, upon the advice and consent of the senate.

     SECTION 2.  Section 302A-1101, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(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, and 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.There shall be a superintendent of education who shall be the chief executive officer of the public school system.  The superintendent shall be nominated and, by and with the advice and consent of the senate, appointed by the governor for a term to expire at the end of the term for which the governor was elected.  The superintendent may be appointed without regard to the state residency provisions of section 78-1.  A vacancy occurring during a term shall be filled for the unexpired balance of the term, subject to the provisions of Article V, section 6 of the Constitution of the State.  The governor may remove the superintendent from office at any time."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval and upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Superintendent of Education; Appointment by Governor

 

Description:

Authorizes the governor, instead of the board of education, to appoint the superintendent of education.

 

 

 

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