REPORT TITLE:
Education


DESCRIPTION:
Requires budgeting for athletics when budgeting for new schools
and requires the DOE to study the issue of paying athletic
coaches salary in the same manner as other teachers.  Allows the
Board of Education to hire its own attorneys for issues involving
children with disabilities.(SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1586
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.
 


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

 1      SECTION 1.  Chapter 37, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to part IV to be appropriately designated
 
 3 and to read as follows:
 
 4      "§37-     Budgeting for new schools.  (a)  Funding for
 
 5 coaches' salaries, athletic health care trainers' salaries,
 
 6 athletic equipment and supplies, and the transportation of
 
 7 athletic teams shall be considered standard workload increase
 
 8 items when planning and budgeting for new public schools.
 
 9      (b)  The director of finance shall consult with the
 
10 superintendent of education to carry out the purposes of this
 
11 section."
 
12      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 
13 amended by adding a new section to be appropriately designated
 
14 and to read as follows:
 
15      "§302A-    Department of education attorneys.  The board of
 
16 education may appoint or retain by contract one or more attorneys
 
17 who are independent of the attorney general, to provide legal
 
18 services to the department of education for issues involving
 
19 children with disabilities, including advice and assistance to
 

 
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 1 ensure the lawful and efficient administration and operation of
 
 2 the department of education in the area of children with
 
 3 disabilities.  The board of education may fix the compensation of
 
 4 the attorneys appointed pursuant to this section.  Attorneys
 
 5 appointed or retained by contract shall be exempted from chapters
 
 6 76, 77, and 89."
 
 7      SECTION 3.  Section 28-8.3, Hawaii Revised Statutes, is
 
 8 amended as follows:
 
 9      1.  By amending subsection (a) to read:
 
10      "(a)  No department of the State other than the attorney
 
11 general may employ or retain any attorney, by contract or
 
12 otherwise, for the purpose of representing the State or the
 
13 department in any litigation, rendering legal counsel to the
 
14 department, or drafting legal documents for the department;
 
15 provided that the foregoing provision shall not apply to the
 
16 employment or retention of attorneys:
 
17      (1)  By the public utilities commission, the labor and
 
18           industrial relations appeals board, and the Hawaii
 
19           labor relations board;
 
20      (2)  By any court or judicial or legislative office of the
 
21           State;
 
22      (3)  By the legislative reference bureau;
 
23      (4)  By any compilation commission that may be constituted
 

 
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 1           from time to time;
 
 2      (5)  By the real estate commission for any action involving
 
 3           the real estate recovery fund;
 
 4      (6)  By the contractors license board for any action
 
 5           involving the contractors recovery fund;
 
 6      (7)  By the trustees for any action involving the travel
 
 7           agency recovery fund;
 
 8      (8)  By the office of Hawaiian affairs;
 
 9      (9)  By the department of commerce and consumer affairs for
 
10           the enforcement of violations of chapters 480 and 485;
 
11     (10)  As grand jury counsel;
 
12     (11)  By the Hawaiian home lands trust individual claims
 
13           review panel;
 
14     (12)  By the Hawaii health systems corporation or any of its
 
15           facilities;
 
16     (13)  By the auditor;
 
17     (14)  By the office of ombudsman;
 
18     (15)  By the insurance division;
 
19     (16)  By the University of Hawaii; [or]
 
20     (17)  By the board of education; or
 
21    [(17)] (18)  By a department, in the event the attorney
 
22           general, for reasons deemed by the attorney general
 
23           good and sufficient, declines, to employ or retain an
 

 
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 1           attorney for a department; provided that the governor
 
 2           thereupon waives the provision of this section."
 
 3      2.  By amending subsection (c) to read:
 
 4      "(c)   Every attorney employed by any department on a full-
 
 5 time basis, except an attorney employed by the public utilities
 
 6 commission, the labor and industrial relations appeals board, the
 
 7 Hawaii labor relations board, the office of Hawaiian affairs, the
 
 8 Hawaii health systems corporation, the department of commerce and
 
 9 consumer affairs in prosecution of consumer complaints, insurance
 
10 division, the University of Hawaii, the board of education, the
 
11 Hawaiian home lands trust individual claims review panel, or as
 
12 grand jury counsel, shall be a deputy attorney general."
 
13      SECTION 4.  Section 37-71, Hawaii Revised Statutes, is
 
14 amended by amending subsection (e) to read as follows:
 
15      "(e)  The proposed budget shall include:
 
16      (1)  A statement of the percentage differences between the
 
17           current biennium recommendations and the previous
 
18           biennium appropriations for education programs.  The
 
19           information shall be displayed by programs or groups of
 
20           programs, with corresponding amounts and percentage
 
21           differences.  If any component of an education program
 
22           is added or removed, the governor shall provide an
 
23           estimate of how the addition or removal affects the
 

 
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 1           current biennium recommendations;
 
 2      (2)  A statement of the difference between the total amount
 
 3           proposed for the current biennium and the total amount
 
 4           expended in the previous biennium for education
 
 5           programs per pupil; and
 
 6      (3)  Other financial statements, information, and data that
 
 7           in the opinion of the governor are necessary or
 
 8           desirable in order to make known in all practical
 
 9           detail the programs, program plans, and financial
 
10           conditions of the State.
 
11      As used in this subsection, the term "education programs"
 
12 [include] includes instructional, personnel, transportation,
 
13 facilities, facilities repair and maintenance, and other programs
 
14 deemed appropriate by the department of education.  The term also
 
15 includes coaches' salaries, athletic health care trainers'
 
16 salaries, athletic equipment and supplies, and the transportation
 
17 of athletic teams for new public schools."
 
18      SECTION 5.  The department of education shall study the
 
19 implications of setting coaches' salaries in the same manner as
 
20 other teachers under sections 302A-624 and 302A-630, Hawaii
 
21 Revised Statutes.  The department shall also study the
 
22 implications of increasing coaches' salaries in the same manner
 
23 as increases for A-Plus site supervisors and drivers education
 

 
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 1 instructors are provided.  The department shall submit a report
 
 2 and recommendations to the legislature no later than thirty days
 
 3 prior to the convening of the regular session of 2000 regarding
 
 4 its findings.
 
 5      SECTION 6.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 7.  This Act shall take effect upon its approval.