REPORT TITLE:
Board of Education; Local
Districts


DESCRIPTION:
Gives elected local school boards of education control of schools
at the district level, including budgetary and personnel
authority; provides for incremental dismantling of central DOE,
with personnel returned to district offices and classrooms.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BOARD OF EDUCATION.
 


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

 1      SECTION 1.  Chapter 13, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§      Local school boards; empowerment.  Each local school
 
 5 board organized under this chapter shall have exclusive
 
 6 responsibility and control over all matters concerning public
 
 7 schools located within each respective school district, including
 
 8 the formulation of districtwide educational policy, budgetary and
 
 9 personnel authority.
 
10      (b) All current administrative and management functions
 
11 performed by the department shall be transferred to each local
 
12 school board established under this chapter.  The department
 
13 shall take all steps necessary, including the adoption of all
 
14 necessary rules and regulations pursuant to chapter 91 and the
 
15 transfer of all personnel as appropriate, to insure that this
 
16 transition occurs without disruption.  As appropriate, all
 
17 department personnel shall return to district offices and to
 
18 classrooms."
 
19      SECTION 2.  Section 13-1, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "13-1 Board members; number.(a) [The board] Each of the
 
 3 eight local boards of education shall consist of [thirteen] seven 
 
 4 members who shall be elected by the registered voters of [two at-
 
 5 large] each respective school board [districts] district as
 
 6 follows:
 
 7      [First school board district:  the island of Oahu, comprised
 
 8 of the 11th through the 48th and a portion of the 49th (that
 
 9 portion found on the island of Oahu) representative districts,
 
10 and the
 
11      Second school board district:  the islands of Hawaii, Maui,
 
12 Lanai, Molokai, Kahoolawe, Kauai, and Niihau, comprised of the
 
13 1st through the 10th, a portion of the 49th (that portion found
 
14 on the island of Kauai), and the 50th and 51st representative
 
15 districts.
 
16      (b)  Ten members shall be elected at-large from the first
 
17 school board district.  Of the ten members elected at-large from
 
18 that district, one shall be a resident of the third departmental
 
19 school district (Honolulu), one shall be a resident of the fourth
 
20 departmental school district (Central Oahu), one shall be a
 
21 resident of the fifth departmental school district (Leeward
 
22 Oahu), and one shall be a resident of the sixth departmental
 
23 school district (Windward Oahu).
 

 
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 1      (c)  Three members shall be elected at-large from the second
 
 2 school board district.  Of the three members elected at-large
 
 3 from that district, one shall be a resident of the first
 
 4 departmental school district (Hawaii), one shall be a resident of
 
 5 the second departmental school district (Maui), and one shall be
 
 6 a resident of the seventh departmental school district (Kauai).
 
 7      (d)  The departmental school districts shall be as follows:
 
 8      First departmental school district (Hawaii):  the island of
 
 9 Hawaii comprised of the 1st through the 5th and a portion of the
 
10 6th (that portion found on the island of Hawaii) representative
 
11 districts;
 
12      Second departmental school district (Maui):  the islands of
 
13 Maui, Molokai (including the county of Kalawao), Lanai, and
 
14 Kahoolawe comprised of a portion of the 6th (that portion found
 
15 on the island of Maui) and the 7th through the 10th
 
16 representative districts;
 
17      Third departmental school district (Honolulu):  that portion
 
18 of the island of Oahu comprised of the 21st through the 41st
 
19 representative districts;
 
20      Fourth departmental school district (Central Oahu):  that
 
21 portion of the island of Oahu comprised of the 11th through the
 
22 14th and the 45th representative districts;
 
23      Fifth departmental school district (Leeward Oahu):  that
 

 
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 1 portion of the island of Oahu comprised of the 42nd through the
 
 2 44th, the 46th through the 48th and a portion of the 49th (that
 
 3 portion found on the island of Oahu) representative districts;
 
 4      Sixth departmental school district (Windward Oahu):  that
 
 5 portion of the island of Oahu comprised of the 15th through the
 
 6 20th representative districts; and
 
 7      Seventh departmental school district (Kauai):  the islands
 
 8 of Kauai and Niihau comprised of a portion of the 49th (that
 
 9 portion found on the island of Kauai) and the 50th and 51st
 
10 representative districts.] The first school board district:
 
11 (Hilo) that portion of the island of Hawaii comprised of the 1st
 
12 through the 4th representative districts;
 
13      The second school board district:  (Kona) that portion of
 
14 the island of Hawaii comprised of the 5th and 6th representative
 
15 districts;
 
16      The third school district:  (Maui) the islands of Maui,
 
17 Molokai, Lanai, and Kahoolawe, comprised of the 7th through the
 
18 11th representative districts;
 
19      The fourth school district: (Kauai and Niihau) the islands
 
20 of Kauai and Niihau, comprised of the 12th (that portion found on
 
21 the island of Kauai) through the 14th representative districts;
 
22      The fifth school district:  (Honolulu)  that portion of Oahu
 
23 comprised of the 15th through the 30th representative districts;
 

 
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 1      The sixth school district:  (Central Oahu) that portion of
 
 2 the island of Oahu comprised of the 31st through the 45th
 
 3 representative districts, except for those representative
 
 4 districts in the seventh school district (below);
 
 5      The seventh school district:  (Leeward Oahu) that portion of
 
 6 the island of Oahu comprised of the 36th, 37th, and the 41st
 
 7 through the 44th representative districts; and
 
 8      The eighth school district:  (Windward Oahu) that portion of
 
 9 the island of Oahu comprised of the 46th through the 51st
 
10 representative districts."
 
11      SECTION 3.  Section 26-12 is amended to read as follows:
 
12      "§26-12  Department of education.  The department of
 
13 education shall be headed by [an executive board] the eight local
 
14 boards of education to be known as the board of education.
 
15      Under policies established by the board, the superintendent
 
16 shall administer programs of education and public instruction
 
17 throughout the State, including education at the preschool,
 
18 primary, and secondary school levels, adult education, school
 
19 library services, health education and instruction (not including
 
20 dental health treatment transferred to the department of health),
 
21 and such other programs as may be established by law.  The state
 
22 librarian, under policies established by the board of education,
 
23 shall be responsible for the administration of programs relating
 

 
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 1 to public library services and transcribing services for the
 
 2 blind.
 
 3      The functions and authority heretofore exercised by the
 
 4 department of education (except dental health treatment
 
 5 transferred to the department of health), library of Hawaii,
 
 6 Hawaii county library, Maui county library, and the transcribing
 
 7 services program of the bureau of sight conservation and work
 
 8 with the blind, as heretofore constituted are transferred to the
 
 9 public library system established by this chapter.
 
10      The management contract between the board of supervisors of
 
11 the county of Kauai and the Kauai public library association
 
12 shall be terminated at the earliest time after November 25, 1959,
 
13 permissible under the terms of the contract and the provisions of
 
14 this paragraph shall constitute notice of termination, and the
 
15 functions and authority heretofore exercised by the Kauai county
 
16 library as heretofore constituted and the Kauai public library
 
17 association over the public libraries in the county of Kauai
 
18 shall thereupon be transferred to the public library system
 
19 established by this chapter.
 
20      The management contracts between the trustees of the library
 
21 of Hawaii and the Friends of the Library of Hawaii, and between
 
22 the library of Hawaii and the Hilo library and reading room
 
23 association, shall be terminated at the earliest time after
 

 
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 1 November 25, 1959, permissible under the terms of the contracts,
 
 2 and the provisions of this paragraph shall constitute notice of
 
 3 termination.
 
 4      Upon the termination of the contracts, the State or the
 
 5 counties shall not enter into any library management contracts
 
 6 with any private association; provided that in providing library
 
 7 services the board of education may enter into contracts approved
 
 8 by the governor for the use of lands, buildings, equipment, and
 
 9 facilities owned by any private association.
 
10      Notwithstanding any law to the contrary, the board of
 
11 education may establish, specify the membership number and quorum
 
12 requirements for, appoint members to, and disestablish a
 
13 commission in each county to be known as the library advisory
 
14 commission, which shall in each case sit in an advisory capacity
 
15 to the board of education on matters relating to public library
 
16 services in their respective county."
 
17      SECTION 4.  Section 302A-101 is amended by amending the
 
18 definition of "board" to read as follows:
 
19      "Board" means the [board] eight local boards of education."
 
20      SECTION 5.  There is appropriated out of the general
 
21 revenues of the State of Hawaii the sum of $          , or so
 
22 much thereof as may be necessary for fiscal year 1999-2000, for
 
23 the establishment of each local school board and the
 

 
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 1 decentralization of the department of education.
 
 2      SECTION 6.  The sum appropriated shall be expended by the
 
 3 department of education for the purposes of this Act.
 
 4      SECTION 7.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 8.  This Act shall take effect upon its approval.
 
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