REPORT TITLE:
Abolish BOE; Elect Superint.


DESCRIPTION:
Proposes amendments to the Hawaii Constitution to abolish the
board of education and provide for the election of the
superintendent of education.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           574
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


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



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

 1      SECTION 1.  The legislature finds that there have been
 
 2 periodic attempts over the years to change the board of education
 
 3 from an elected board to an appointed board.  Each of these
 
 4 attempts has failed, however, because the public feels strongly
 
 5 that education is an important issue, and desires to elect the
 
 6 people in charge of setting educational policies affecting their
 
 7 children.
 
 8      At the same time, the legislature finds that voters
 
 9 constantly complain that not enough is known about the candidates
 
10 for various positions on the board, since the races are generally
 
11 small and low-profile.  Since the superintendent is appointed by
 
12 the board, however, most of the attention tends to focus on who
 
13 the board appoints as superintendent to serve as chief executive
 
14 officer of the public school system.
 
15      The legislature further finds that many of these problems
 
16 could be solved by instead electing the superintendent of
 
17 education and abolishing the board of education.  This change
 
18 would mean that the superintendent would be the only elected
 
19 official in the State other than governor and lieutenant governor
 

 
Page 2                                                     
                                     S.B. NO.           574
                                                        
                                                        


 1 who would have a statewide constituency.  The superintendent's
 
 2 race would thus become a high profile contest in any election.
 
 3 This result is in fact what the public would like, as there would
 
 4 be no in-fighting regarding who the board would like to appoint
 
 5 or retain.  The newly elected superintendent would assume the
 
 6 functions previously handled by the board of education, thereby
 
 7 removing an entire layer of decision making authority and making
 
 8 departmental operations more efficient.
 
 9      The purpose of this Act is therefore to propose amendments
 
10 to article X, sections 2 and 3; article XVI, section 4; and
 
11 article XVIII, section 7, of the Constitution of the State of
 
12 Hawaii to provide for the election of the superintendent of
 
13 education and the abolition of the board of education.
 
14      SECTION 2.  Article X, section 2, of the Constitution of the
 
15 State of Hawaii is repealed.
 
16                       ["BOARD OF EDUCATION
 
17      Section 2.  There shall be a board of education composed of
 
18 members who shall be elected in a nonpartisan manner by qualified
 
19 voters, as provided by law, from two at-large school board
 
20 districts.  The first school board district shall be comprised of
 
21 the island of Oahu and all other islands not specifically
 
22 enumerated.  The second school board district shall be comprised
 
23 of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai
 

 
Page 3                                                     
                                     S.B. NO.           574
                                                        
                                                        


 1 and Niihau.  Each at-large school board district shall be divided
 
 2 into departmental school districts, as may be provided by law.
 
 3 There shall be at least one member residing in each departmental
 
 4 school district.  The Hawaii State Student Council shall select a
 
 5 public high school student to serve as a nonvoting member on the
 
 6 board of education."]
 
 7      SECTION 3.  Article X, section 3, of the Constitution of the
 
 8 State of Hawaii is amended to read as follows:
 
 9         "[POWER OF THE BOARD] SUPERINTENDENT OF EDUCATION
 
10      Section 3.  The [board] superintendent of education shall be
 
11 elected at the same time, for the same term and in the same
 
12 manner as the governor.  No person shall be elected as
 
13 superintendent of education for more than two consecutive full
 
14 terms.  The superintendent of education shall have the power, as
 
15 provided by law, to formulate statewide educational policy and
 
16 [appoint the superintendent of education] shall serve as the
 
17 chief executive officer of the public school system."
 
18      SECTION 4.  Article XVI, section 4, of the Constitution of
 
19 the State of Hawaii is amended to read as follows:
 
20                          "OATH OF OFFICE
 
21      Section 4.  All eligible public officers, before entering
 
22 upon the duties of their respective offices, shall take and
 
23 subscribe to the following oath or affirmation:  "I do solemnly
 

 
Page 4                                                     
                                     S.B. NO.           574
                                                        
                                                        


 1 swear (or affirm) that I will support and defend the Constitution
 
 2 of the United States, and the Constitution of the State of
 
 3 Hawaii, and that I will faithfully discharge my duties as ... to
 
 4 best of my ability."  As used in this section, "eligible public
 
 5 officers" means the governor, the lieutenant governor, the
 
 6 members of both houses of the legislature, [the members of the
 
 7 board of education,] superintendent of education, the members of
 
 8 the national guard, State or county employees who possess police
 
 9 powers, district court judges, and all those whose appointment
 
10 requires the consent of the senate."
 
11      SECTION 5.  Article XVIII, section 7, of the Constitution of
 
12 the State of Hawaii is repealed.
 
13                ["1978 BOARD OF EDUCATION ELECTIONS
 
14      Section 7.  Members elected to the board of education in the
 
15 1978 general election shall serve for two-year terms."]
 
16      SECTION 6.  The question to be printed on the ballot shall
 
17 be as follows:
 
18      "Shall the board of education be abolished, and shall the
 
19      superintendent of education:
 
20      (1)  Be elected in the same manner as the governor;
 
21      (2)  Assume the powers of the board to formulate statewide
 
22           educational policy; and
 
23      (3)  Continue to serve as the chief executive officer of the
 

 
Page 5                                                     
                                     S.B. NO.           574
                                                        
                                                        


 1           public school system?"
 
 2      SECTION 7.  Constitutional material to be repealed is
 
 3 bracketed.  New constitutional material is underscored.
 
 4      SECTION 8.  This amendment shall take effect upon compliance
 
 5 with article XVII, section 3, of the Constitution of the State of
 
 6 Hawaii.
 
 7 
 
 8                           INTRODUCED BY:  _______________________