REPORT TITLE:
Education; Military Affairs


DESCRIPTION:
Requires the board of education, not later than 6/30/2000, to
transfer control of all public educational institutions on United
States Department of Defense (USDOD) facilities and all other
public educational institutions attended predominately by
students residing on USDOD facilities, to the USDOD.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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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 THE TRANSFER OF CERTAIN PUBLIC SCHOOLS TO THE UNITED
   STATES DEPARTMENT OF DEFENSE.



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

 1      SECTION 1.  The legislature finds that the federal impact
 
 2 aid law requires the United States Department of Defense to make
 
 3 such arrangements as may be necessary to provide free public
 
 4 education to all children who reside on Department of Defense
 
 5 facilities in those instances where there are no tax revenues
 
 6 available from a state or any of the state's political
 
 7 subdivisions to pay for the education of these children.
 
 8 Consequently, in cases such as these in other states, the
 
 9 Department of Defense is obligated to operate schools for
 
10 children who reside on certain Department of Defense facilities.
 
11      In Hawaii, however, the board of education provides for the
 
12 establishment, support, and control of and formulates statewide
 
13 educational policy for all public schools on Department of
 
14 Defense facilities--even those attended exclusively or
 
15 predominately by children residing on these facilities.  The
 
16 legislature finds that some parents of children who reside on
 
17 Department of Defense facilities in Hawaii have publicly voiced
 
18 their unhappiness with the quality of the State's public schools
 
19 and system of public education in general.  Consequently, the
 

 
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 1 purpose of this Act is to enable these parents and their children
 
 2 to experience the same quality of public schools and system of
 
 3 public education that they are entitled to under the federal
 
 4 impact aid law when there are no tax revenues available from a
 
 5 state or any of the state's political subdivisions to pay for the
 
 6 education of their children.
 
 7      This Act will give the parents of children who reside on
 
 8 Department of Defense facilities exclusive jurisdiction over the
 
 9 establishment, support, and control of all schools on Department
 
10 of Defense facilities, including the formulation of policies for
 
11 these schools.  This Act enables these parents to:  (1) elect
 
12 their own school board or superintendent of education, or both;
 
13 (2) select the curricula to be taught in their classrooms;
 
14 (3) determine the supplementary services and extracurricular
 
15 activities to be offered on their campuses; and (4) establish
 
16 academic standards for their children, and measures of
 
17 accountability for their teachers, counselors, and principals,
 
18 including appropriate sanctions.  Conceptually, this Act would
 
19 establish a form of school/community-based management for schools
 
20 on Department of Defense facilities.  This Act will also
 
21 encourage friendly competition between state-run public schools
 
22 and schools located on Department of Defense facilities, and
 
23 could spur both public school systems to higher and greater
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 levels of achievement than either could accomplish without the
 
 2 presence of the other.
 
 3      Under the provisions of this Act, the children of parents
 
 4 who are entitled to live on Department of Defense facilities but
 
 5 choose, instead, not to live on these facilities would still be
 
 6 able to attend a state-run public school.  This Act would not
 
 7 exclude schools on Department of Defense facilities from
 
 8 participating in activities, such as the state football
 
 9 championship, that involve state-run public schools.  Instead,
 
10 this Act will treat schools on Department of Defense facilities
 
11 like all other private schools in the State.
 
12      SECTION 2.  (a)  The board of education, not later than
 
13 June 30, 2000, shall transfer organizational and managerial
 
14 control of all public educational institutions on United States
 
15 Department of Defense facilities and all other public educational
 
16 institutions that are attended predominately by students residing
 
17 on United States Department of Defense facilities, including any
 
18 equipment or furniture appurtenant thereto or contained therein,
 
19 to the United States Department of Defense pursuant to the
 
20 federal impact aid law.  The board of education, upon this Act
 
21 taking effect, shall notify the Secretary of Defense in writing
 
22 that no tax revenues of the State or any county shall be expended
 
23 after June 30, 2001, for the establishment, support, or control
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 of any public educational institutions on United States
 
 2 Department of Defense facilities and any other public educational
 
 3 institutions that are attended predominately by students residing
 
 4 on United States Department of Defense facilities.  The board of
 
 5 education shall identify those public educational institutions
 
 6 affected by this Act and inform the Secretary of Defense that
 
 7 organizational and managerial control of these institutions,
 
 8 including any equipment or furniture appurtenant thereto or
 
 9 contained therein, shall be transferred not later than June 30,
 
10 2000, from the board of education to the United States Department
 
11 of Defense.
 
12      (b)  Beginning July 1, 2001:
 
13      (1)  The board of education shall not provide for the
 
14           establishment, support, or control of any public
 
15           educational institutions on United States Department of
 
16           Defense facilities or any other public educational
 
17           institutions that are attended predominately by
 
18           students residing on United States Department of
 
19           Defense facilities;
 
20      (2)  Public funds shall not be appropriated for the support
 
21           or benefit of any public educational institutions on
 
22           United States Department of Defense facilities or any
 
23           other public educational institutions that are attended
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           predominately by students residing on United States
 
 2           Department of Defense facilities; and
 
 3      (3)  The board of education shall not formulate policy for
 
 4           any public educational institutions on United States
 
 5           Department of Defense facilities or any other public
 
 6           educational institutions that are attended
 
 7           predominately by students residing on United States
 
 8           Department of Defense facilities.
 
 9      (c)  The State shall not provide for the repair and
 
10 maintenance of any real property, capital improvements, or
 
11 equipment transferred to the United States Department of Defense
 
12 by this Act; provided that title to these real properties and
 
13 capital improvements shall be retained by the State and shall not
 
14 be transferred to the United States Department of Defense.
 
15      (d)  Notwithstanding any other law to the contrary, all
 
16 fiscal savings realized by the transfer of all public educational
 
17 institutions on United States Department of Defense facilities
 
18 and all other public educational institutions that are attended
 
19 predominately by students residing on United States Department of
 
20 Defense facilities, to the United States Department of Defense
 
21 shall accrue to the benefit of the department of education.
 
22 These savings shall be used to reduce pupil-to-teacher ratios,
 
23 increase instructional time, improve curriculum, increase teacher
 

 
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 1 salaries, and fund other educational initiatives.
 
 2      (e)  With the exception of public educational institutions
 
 3 that are attended predominately by students residing on United
 
 4 States Department of Defense facilities, nothing in this Act
 
 5 shall be construed to deny any person of a public education at a
 
 6 public educational institution located outside the confines of a
 
 7 United States Department of Defense facility.
 
 8      (f)  The board of education, not later than June 30, 2000,
 
 9 shall provide for the establishment of two school complexes to
 
10 service areas in the proximity of military establishments.  The
 
11 first complex shall be established around Wheeler Intermediate
 
12 School, which shall serve as the intermediate and high school for
 
13 the Schofield Barracks/Wheeler Army Air Field area.  The second
 
14 complex shall be established around Radford High School, which
 
15 shall serve as the intermediate and high school for the Pearl
 
16 Harbor/Hickam Air Force Base area.
 
17      (g)  The board of education, upon this Act taking effect,
 
18 shall provide for the establishment, support, and control of an
 
19 intermediate school facility in Mililani-mauka to replace Wheeler
 
20 Intermediate School, which shall be transferred to the United
 
21 States Department of Defense by this Act.
 
22      (h)  The state board of education and state superintendent
 
23 of education, not later than June 30, 2000, shall establish a
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 joint committee with the officials assuming the responsibilities
 
 2 comparable to the board of education and the superintendent of
 
 3 education for schools located on Department of Defense
 
 4 facilities, to foster a spirit of close cooperation and mutual
 
 5 assistance between their respective school systems.
 
 6      SECTION 3.  No officer or employee of the State having
 
 7 tenure shall suffer any loss of salary, seniority, prior service
 
 8 credit, vacation, sick leave, or other employee benefit or
 
 9 privilege as a consequence of this Act, and such officer or
 
10 employee may be transferred or appointed to a civil service
 
11 position without the necessity of examination; provided that the
 
12 officer or employee possesses the minimum qualifications for the
 
13 position to which transferred or appointed; and provided that
 
14 subsequent changes in status may be made pursuant to applicable
 
15 civil service and compensation laws.
 
16      An officer or employee of the State who does not have tenure
 
17 and who may be transferred or appointed to a civil service
 
18 position as a consequence of this Act shall become a civil
 
19 service employee without the loss of salary, seniority, prior
 
20 service credit, vacation, sick leave, or other employee benefits
 
21 or privileges and without the necessity of examination; provided
 
22 that such officer or employee possesses the minimum
 
23 qualifications for the position to which transferred or
 

 
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 1 appointed.
 
 2      In the event that an office or position held by an officer
 
 3 or employee having tenure is abolished, the officer or employee
 
 4 shall not thereby be separated from public employment, but shall
 
 5 remain in the employment of the State with the same pay and
 
 6 classification and shall be transferred to some other office or
 
 7 position for which the officer or employee is eligible under the
 
 8 personnel laws of the State as determined by the head of the
 
 9 department or the governor.
 
10      SECTION 4.  All records, equipment, machines, files,
 
11 supplies, books, papers, documents, maps, and other personal
 
12 property heretofore made, used, acquired, or held by the
 
13 department of education relating to the public educational
 
14 institutions transferred to the United States Department of
 
15 Defense shall be transferred with the institutions to which they
 
16 relate.
 
17      SECTION 5.  If any provision of this Act, or the application
 
18 thereof to any person or circumstance is held invalid, the
 
19 invalidity does not affect other provisions or applications of
 
20 the Act which can be given effect without the invalid provision
 
21 or application, and to this end the provisions of this Act are
 
22 severable.
 
23      SECTION 6.  This Act shall take effect on July 1, 1999.
 
24 
 
25                           INTRODUCED BY:  _______________________