REPORT TITLE:
Abolishes the BOE


DESCRIPTION:
Proposes constitutional amendments to abolish the Board of
Education and transfer policymaking power and control over the
school system to the Superintendent of Education, who is to be
appointed by the Governor, and advised by county school boards of
education whose members for each county shall be appointed by the
mayor of the respective county and the Governor.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2841
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION RELATING TO
   EDUCATION.



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

 1      SECTION 1.  Article X of the Constitution of the State of
 
 2 Hawaii is amended by adding two new sections to be appropriately
 
 3 designated and to read as follows:
 
 4                   "SUPERINTENDENT OF EDUCATION
 
 5      Section  .  There shall be a superintendent of education,
 
 6 who shall have the power, as provided by law, to formulate policy
 
 7 and to exercise control over the public school system.  The
 
 8 superintendent shall be appointed by the governor and shall
 
 9 exercise power in a manner consistent with general laws.
 
10                 COUNTY SCHOOL BOARDS OF EDUCATION
 
11      Section  .  There shall be a school board of education for
 
12 each county.  Each county school board shall advise the
 
13 superintendent of education in the discharge of the
 
14 superintendent's responsibility to formulate policy and exercise
 
15 control over the public schools in that county.  The members of
 
16 the school board for each county shall be appointed by the mayor
 
17 of the respective county and the governor, as provided by law."
 

 
 
Page 2                                                     2841
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 2.  Article XVI, section 4, of the Constitution of
 
 2 the State of Hawaii is amended to read as follows:
 
 3                          "OATH OF OFFICE
 
 4      Section 4.  All eligible public officers, before entering
 
 5 upon the duties of their respective offices, shall take and
 
 6 subscribe to the following oath or affirmation:  "I do solemnly
 
 7 swear (or affirm) that I will support and defend the Constitution
 
 8 of the United States, and the Constitution of the State of
 
 9 Hawaii, and that I will faithfully discharge my duties as ... to
 
10 the best of my ability."  As used in this section, "eligible
 
11 public officers" means the governor, the lieutenant governor, the
 
12 members of both houses of the legislature, [the members of the
 
13 board of education,] the members of the national guard, State or
 
14 county employees who possess police powers, district court
 
15 judges, and all those whose appointment requires the consent of
 
16 the senate."
 
17      SECTION 3.  Article X, sections 2 and 3, of the Constitution
 
18 of the State of Hawaii are repealed:
 
19                       ["BOARD OF EDUCATION
 
20      Section 2.  There shall be a board of education composed of
 
21 members who shall be elected in a nonpartisan manner by qualified
 
22 voters, as provided by law, from two at-large school board
 

 
 
 
Page 3                                                     2841
                                     H.B. NO.           
                                                        
                                                        

 
 1 districts.  The first school board district shall be comprised of
 
 2 the island of Oahu and all other islands not specifically
 
 3 enumerated.  The second school board district shall be comprised
 
 4 of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai
 
 5 and Niihau.  Each at-large school board district shall be divided
 
 6 into departmental school districts, as may be provided by law.
 
 7 There shall be at least one member residing in each departmental
 
 8 school district.  The Hawaii State Student Council shall select a
 
 9 public high school student to serve as a nonvoting member on the
 
10 board of education.
 
11                  POWER OF THE BOARD OF EDUCATION
 
12      Section 3.  The board of education shall have the power, as
 
13 provided by law, to formulate statewide educational policy and
 
14 appoint the superintendent of education as the chief executive
 
15 officer of the public school system."]
 
16      SECTION 4.  Article XVIII, section 7, of the Constitution of
 
17 the State of Hawaii is repealed.
 
18                ["1978 BOARD OF EDUCATION ELECTIONS
 
19      Section 7.  Members elected to the board of education in the
 
20 1978 general election shall serve for two-year terms."]
 
21      SECTION 5.  The question to be printed on the ballot shall
 
22 be as follows:
 

 
 
 
Page 4                                                     2841
                                     H.B. NO.           
                                                        
                                                        

 
 1      "Shall the state board of education be abolished and shall
 
 2      the governor appoint the superintendent of education as the
 
 3      chief executive officer of the public school system, who
 
 4      shall formulate educational policy and exercise control over
 
 5      the schools with the advice of appointed county school
 
 6      boards of education?"
 
 7      SECTION 4.  Constitutional material to be repealed is
 
 8 bracketed.  New constitutional material is underscored.
 
 9      SECTION 5.  This amendment shall take effect upon compliance
 
10 with Article XVII, section 3, of the Constitution of the State of
 
11 Hawaii.
 
12 
 
13                         INTRODUCED BY:___________________________