REPORT TITLE:
BOR and BOE


DESCRIPTION:
Proposes constitutional and statutory amendments to make
president of the University of Hawaii or a designee, an ex
officio nonvoting member of the board of education, and the
superintendent of education or a designee, an ex officio
nonvoting member of the board of regents.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.868        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BOARDS OVERSEEING DEPARTMENTS HAVING EDUCATIONAL
   FUNCTIONS.



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

 1      SECTION 1.  The legislature finds that there should be
 
 2 increased cooperation between the department of education and the
 
 3 University of Hawaii.  Hawaii should develop an integrated
 
 4 kindergarten through sixteen educational system.  Hawaii has the
 
 5 advantage of a single statewide public educational system and a
 
 6 single statewide university system.  This provides a unique
 
 7 opportunity to cooperatively serve the needs of the students of
 
 8 this State.  By developing an integrated vision of student and
 
 9 curriculum development, the State can better serve the needs of
 
10 our community and prepare our students for the future.
 
11      The purposes of this Act are twofold:  (1) to propose
 
12 amendments to Article X, sections 2 and 6 of the Constitution of
 
13 the State of Hawaii; and (2) to make statutory amendments; both
 
14 purposes to provide for the appointment of the president of the
 
15 University of Hawaii, or a designee, as an ex officio nonvoting
 
16 member of the board of education, and the appointment of the
 
17 superintendent of education, or a designee, as an ex officio
 
18 nonvoting member of the board of regents.
 

 
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 1                              Part 1
 
 2      SECTION 2.  Article X, section 2, of the Constitution of the
 
 3 State of Hawaii is amended to read as follows:
 
 4                        "BOARD OF EDUCATION
 
 5      Section 2.  There shall be a board of education composed of
 
 6 members who shall be elected in a nonpartisan manner by qualified
 
 7 voters, as provided by law, from two at-large school board
 
 8 districts.  The first school board district shall be comprised of
 
 9 the island of Oahu and all other islands not specifically
 
10 enumerated.  The second school board district shall be comprised
 
11 of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai
 
12 and Niihau.  Each at-large school board district shall be divided
 
13 into departmental school districts, as may be provided by law.
 
14 There shall be at least one member residing in each departmental
 
15 school district.  The Hawaii State Student Council shall select a
 
16 public high school student to serve as a nonvoting member on the
 
17 board of education.  The president of the University of Hawaii,
 
18 or a designee, shall serve as an ex officio nonvoting member of
 
19 the board of education."
 
20      SECTION 3.  Article X, section 6, of the Constitution of the
 
21 State of Hawaii is amended to read as follows:
 
22                     "BOARD OF REGENTS; POWERS
 
23      Section 6.  There shall be a board of regents of the
 

 
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 1 University of Hawaii, the members of which shall be nominated
 
 2 and, by and with the advice and consent of the senate, appointed
 
 3 by the governor.  At least part of the membership of the board
 
 4 shall represent geographic subdivisions of the State.  The board
 
 5 shall have the power, as provided by law, to formulate policy,
 
 6 and to exercise control over the university through its executive
 
 7 officer, the president of the university, who shall be appointed
 
 8 by the board; except that the board shall have exclusive
 
 9 jurisdiction over the internal organization and management of the
 
10 university.  This section shall not limit the power of the
 
11 legislature to enact laws of statewide concern.  The
 
12 superintendent of education, or a designee, shall serve as an ex
 
13 officio nonvoting member of the board of regents."
 
14                              Part 2
 
15      SECTION 4.  Section 13-1, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§13-1 Board members; number.(a)  The board of education
 
18 shall consist of thirteen voting members who shall be elected by
 
19 the registered voters of two at-large school board districts as
 
20 follows:
 
21      First school board district:  the island of Oahu, comprised
 
22 of the 11th through the 48th and a portion of the 49th (that
 
23 portion found on the island of Oahu) representative districts,
 

 
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 1 and the
 
 2      Second school board district:  the islands of Hawaii, Maui,
 
 3 Lanai, Molokai, Kahoolawe, Kauai, and Niihau, comprised of the
 
 4 1st through the 10th, a portion of the 49th (that portion found
 
 5 on the island of Kauai), and the 50th and 51st representative
 
 6 districts.
 
 7      (b)  Ten members shall be elected at-large from the first
 
 8 school board district.  Of the ten members elected at-large from
 
 9 that district, one shall be a resident of the third departmental
 
10 school district (Honolulu), one shall be a resident of the fourth
 
11 departmental school district (Central Oahu), one shall be a
 
12 resident of the fifth departmental school district (Leeward
 
13 Oahu), and one shall be a resident of the sixth departmental
 
14 school district (Windward Oahu).
 
15      (c)  Three members shall be elected at-large from the second
 
16 school board district.  Of the three members elected at-large
 
17 from that district, one shall be a resident of the first
 
18 departmental school district (Hawaii), one shall be a resident of
 
19 the second departmental school district (Maui), and one shall be
 
20 a resident of the seventh departmental school district (Kauai).
 
21      (d)  The departmental school districts shall be as follows:
 
22      First departmental school district (Hawaii):  the island of
 
23 Hawaii comprised of the 1st through the 5th and a portion of the
 

 
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                                     H.B. NO.868        
                                                        
                                                        

 
 1 6th (that portion found on the island of Hawaii) representative
 
 2 districts;
 
 3      Second departmental school district (Maui):  the islands of
 
 4 Maui, Molokai (including the county of Kalawao), Lanai, and
 
 5 Kahoolawe comprised of a portion of the 6th (that portion found
 
 6 on the island of Maui) and the 7th through the 10th
 
 7 representative districts;
 
 8      Third departmental school district (Honolulu):  that portion
 
 9 of the island of Oahu comprised of the 21st through the 41st
 
10 representative districts;
 
11      Fourth departmental school district (Central Oahu):  that
 
12 portion of the island of Oahu comprised of the 11th through the
 
13 14th and the 45th representative districts;
 
14      Fifth departmental school district (Leeward Oahu):  that
 
15 portion of the island of Oahu comprised of the 42nd through the
 
16 44th, the 46th through the 48th and a portion of the 49th (that
 
17 portion found on the island of Oahu) representative districts;
 
18      Sixth departmental school district (Windward Oahu):  that
 
19 portion of the island of Oahu comprised of the 15th through the
 
20 20th representative districts; and
 
21      Seventh departmental school district (Kauai):  the islands
 
22 of Kauai and Niihau comprised of a portion of the 49th (that
 
23 portion found on the island of Kauai) and the 50th and 51st
 

 
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 1 representative districts.
 
 2      (e)  The president of the University of Hawaii, or a
 
 3 designee, shall serve as an ex officio nonvoting member of the
 
 4 board."
 
 5      SECTION 5.  Section 26-11, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  The University of Hawaii shall be headed by an
 
 8 executive board to be known as the board of regents.
 
 9      The board shall consist of twelve voting members.  No more
 
10 than six of the members shall be members of the same political
 
11 party and at least part of the membership of the board shall
 
12 represent geographic subdivisions of the State.  At least one
 
13 member shall be a University of Hawaii student at the time of the
 
14 initial appointment.  This member may be reappointed for one
 
15 additional term even though the member may no longer be a student
 
16 at the time of reappointment.  The superintendent of education,
 
17 or a designee, shall serve as an ex officio nonvoting member of
 
18 the board.
 
19      The board shall have power, in accordance with the
 
20 Constitution of the State and with law, to formulate policy, and
 
21 to exercise control over the university through its executive
 
22 officer, the president of the university.  The board shall have
 
23 exclusive jurisdiction over the internal organization and
 

 
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                                     H.B. NO.868        
                                                        
                                                        

 
 1 management of the university."
 
 2      SECTION 6.  Section 304-3, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§304-3 Regents; appointment; tenure; qualifications;
 
 5 meetings.  The affairs of the university shall be under the
 
 6 general management and control of the board of regents consisting
 
 7 of twelve voting members who shall be appointed and may be
 
 8 removed by the governor.  The term of each member shall be for
 
 9 four years; provided that the term of the student member shall be
 
10 for two years.  Except as otherwise provided by statute, state
 
11 officers shall be eligible to appointment and membership.  Every
 
12 member may serve beyond the expiration date of the member's term
 
13 of appointment until the member's successor has been appointed
 
14 and has qualified.  The board shall at its first meeting after
 
15 June 30, elect a chairperson and vice-chairperson, who shall
 
16 serve until adjournment of its first meeting after June 30 of the
 
17 next year or thereafter until their successors are appointed and
 
18 have qualified and whose election shall be immediately certified
 
19 by the board to the chief election officer. The board shall
 
20 appoint a secretary, who shall not be a member of the board.  The
 
21 president of the university shall act as executive officer of the
 
22 board.  The superintendent of education, or a designee, shall
 
23 serve as an ex officio nonvoting member of the board.  The board
 

 
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 1 shall meet not less often than ten times annually, and may from
 
 2 time to time meet in each of the counties of Hawaii, Maui, and
 
 3 Kauai.
 
 4      The members of the board shall serve without pay but shall
 
 5 be entitled to their traveling expenses within the State when
 
 6 attending meetings of the board or when actually engaged in
 
 7 business relating to the work of the board."
 
 8                              Part 3
 
 9      SECTION 7.  The question to be printed on the ballot shall
 
10 be as follows:
 
11      "Shall the president of the University of Hawaii, or a
 
12      designee, serve as an ex officio nonvoting member of the
 
13      board of education; and shall the superintendent of
 
14      education, or a designee, serve as an ex officio nonvoting
 
15      member of the board of regents?"
 
16      SECTION 8.  Constitutional and statutory material to be
 
17 repealed is bracketed.  New constitutional and statutory material
 
18 is underscored.
 
19      SECTION 9.  This Act shall take effect upon its approval,
 
20 provided that:
 
21      (1)  The amendments proposed in sections 2 and 3 of this Act
 
22           shall take effect upon compliance with article XVII,
 
23           section 3, of the Constitution of the State of Hawaii;
 

 
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 1           and
 
 2      (2)  That sections 4, 5, and 6 of this Act shall be
 
 3           contingent upon and take effect upon ratification of
 
 4           the constitutional amendments proposed in part 1.
 
 5 
 
 6                              INTRODUCED BY:______________________