REPORT TITLE:
BOE; Composition of the Board


DESCRIPTION:
Proposes an amendment to article X, section 2, of the state
constitution to change the composition of the board of education.
Applies to persons elected or appointed to the BOE at the time of
the special election held in conjunction with the first general
election following the ratification of the proposed amendment.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2852
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 2, OF THE STATE
   CONSTITUTION TO CHANGE THE COMPOSITION OF THE BOARD OF
   EDUCATION.



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

 1      SECTION 1.  The purpose of this Act is to propose an
 
 2 amendment to article X, section 2, of the state constitution to
 
 3 reduce the voting membership of the board of education to nine
 
 4 persons:
 
 5      (1)  Six of whom are elected by qualified voters, with one
 
 6           elected member residing in each departmental school
 
 7           district of the second school board district (Hawaii,
 
 8           Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau); and
 
 9      (2)  Three of whom are nominated and, by and with the
 
10           consent of the senate, appointed by the governor.
 
11      SECTION 2.  Article X, section 2, of the Constitution of the
 
12 State of Hawaii is amended to read as follows:
 
13                        "BOARD OF EDUCATION
 
14      Section 2.  There shall be a board of education composed of
 
15 nine voting members [who], six of whom shall be elected in a
 
16 nonpartisan manner by qualified voters, as provided by law, from
 
17 two at-large school board districts[.]; and three of whom shall
 
18 be nominated and appointed by the governor in accordance with
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 Article V, Section 6.  The first school board district shall be
 
 2 comprised of the island of Oahu and all other islands not
 
 3 specifically enumerated.  The second school board district shall
 
 4 be comprised of the islands of Hawaii, Maui, Lanai, Molokai,
 
 5 Kahoolawe, Kauai and Niihau.  Each at-large school board district
 
 6 shall be divided into departmental school districts, as may be
 
 7 provided by law.  There shall be [at least] one elected member
 
 8 residing in each departmental school district[.] of the second
 
 9 school board district.  The Hawaii State Student Council shall
 
10 select a public high school student to serve as a nonvoting
 
11 member on the board of education."
 
12      SECTION 3.  Article XVIII of the Constitution of the State
 
13 of Hawaii is amended by adding two new sections to be
 
14 appropriately designated and to read as follows:
 
15                "2000 BOARD OF EDUCATION ELECTIONS
 
16      Section   .  Members elected to the board of education in
 
17 the 2000 general election shall serve for two-year terms.
 
18 Members appointed by the governor to fill a vacancy in the
 
19 membership of the board of education shall serve until the
 
20 general election of 2002.
 
21                 2002 BOARD OF EDUCATION ELECTIONS
 
22      Section   .  Members of the board of education elected at
 
23 the special election held in conjunction with the general
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 election in 2002 shall be divided into two classes.  There shall
 
 2 be three members in the first class who shall hold office for a
 
 3 term of four years beginning with their election and ending on
 
 4 the day of the special election held in conjunction with the
 
 5 second general election after their election.  The remaining
 
 6 members shall comprise the second class and shall hold office for
 
 7 a term of two years beginning with their election and ending on
 
 8 the day of the special election held in conjunction with the next
 
 9 general election after their election, and then members of the
 
10 second class shall be elected to four year terms.
 
11      Membership in the first class shall consist of two members
 
12 who are elected with the highest number of votes from the first
 
13 school board district and one member who is elected with the
 
14 highest number of votes from the second school board district.
 
15 Membership in the second class shall consist of the remaining
 
16 elected school board members."
 
17      SECTION 4.  The question to be printed on the ballot shall
 
18 be as follows:
 
19      "Shall the voting membership of the board of education be
 
20      reduced to nine persons:
 
21      (1)  Six of whom are elected by qualified voters, with one
 
22           elected member residing in each departmental school
 
23           district of the second school board district (Hawaii,
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau); and
 
 2      (2)  Three of whom are nominated and, by and with the
 
 3           consent of the senate, appointed by the governor?"
 
 4      SECTION 5.  Constitutional material to be repealed is
 
 5 bracketed.  New constitutional material is underscored.
 
 6      SECTION 6.  This amendment shall take effect upon compliance
 
 7 with article XVII, section 3, of the Constitution of the State of
 
 8 Hawaii.
 
 9 
 
10                       INTRODUCED BY:  ___________________________