REPORT TITLE:
Education; Const. Amendment


DESCRIPTION:
Proposes a constitutional amendment to give the board of
education all the power, not inconsistent with the Hawaii
constitution, to enter into a contract with any person to provide
services or management of all or a portion of the education
services necessary to operate the schools of the State.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2704
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 3, OF THE
   CONSTITUTION OF THE STATE OF HAWAII, TO GIVE THE BOARD OF
   EDUCATION ALL THE POWER, NOT INCONSISTENT WITH THE HAWAII
   CONSTITUTION, TO ENTER INTO A CONTRACT WITH ANY PERSON TO
   PROVIDE SERVICES OR MANAGEMENT OF ALL OR A PORTION OF THE
   EDUCATION SERVICES NECESSARY TO OPERATE THE SCHOOLS OF THE
   STATE.



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

 1      SECTION 1.  The legislature finds that:
 
 2      (1)  The board of education should have the freedom to
 
 3           contract for the services necessary to operate the
 
 4           schools of the State;
 
 5      (2)  Many of the functions currently being performed under
 
 6           the direction of the board of education should be
 
 7           outsourced to improve performance and keep costs down;
 
 8      (3)  Through outsourcing, many of the services necessary to
 
 9           operate the schools of the State can be performed more
 
10           cost-efficiently and effectively; and
 
11      (4)  The State should consider a long-term plan for "right
 
12           sizing" government in order to become more efficient
 
13           and effective in its delivery of public services.
 
14      Consequently, the purpose of this Act is to propose an
 
15 amendment to article X, section 3, of the Constitution of the
 
16 State of Hawaii, to give the board of education all the power,
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 not inconsistent with the Hawaii constitution, to enter into a
 
 2 contract with any person to provide services or management of all
 
 3 or a portion of the education services necessary to operate the
 
 4 schools of the State.
 
 5      SECTION 2.  Article X, section 3, of the Constitution of the
 
 6 State of Hawaii is amended to read as follows:
 
 7             "[POWER] POWERS OF THE BOARD OF EDUCATION
 
 8      Section 3.  The board of education shall have the power, as
 
 9 provided by law, to formulate statewide educational policy and
 
10 appoint the superintendent of education as the chief executive
 
11 officer of the public school system.
 
12      The board of education shall have all the power, not
 
13 inconsistent with the Hawaii constitution, to enter into a
 
14 contract with any person to provide services or management of all
 
15 or a portion of the education services necessary to operate the
 
16 schools of the State, including direct educational services to
 
17 pupils, administrative services, food services, school facility
 
18 maintenance services or the leasing of school facilities for use
 
19 in providing instructional or administrative services.
 
20      For the purposes of this section, "education services" means
 
21 direct instructional services to pupils, including any education
 
22 program authorized or required by law and administrative services
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 or any other support services necessary for the operation of the
 
 2 schools of the State."
 
 3      SECTION 3.  The question to be printed on the ballot shall
 
 4 be as follows:
 
 5      "Shall the board of education have all the power, not
 
 6      inconsistent with the Hawaii constitution, to enter into a
 
 7      contract with any person to provide services or management
 
 8      of all or a portion of the education services necessary to
 
 9      operate the schools of the State?"
 
10      SECTION 4.  New constitutional material is underscored.
 
11      SECTION 5.  This amendment shall take effect upon compliance
 
12 with article XVII, section 3, of the Constitution of the State of
 
13 Hawaii.
 
14 
 
15                           INTRODUCED BY:  _______________________