Report Title:

Abolishes the BOE

 

Description:

Proposes constitutional amendments to abolish the Board of Education and transfer policymaking power and control over the school system to the Superintendent of Education, who is to be appointed by the Governor, and advised by county school boards of education whose members for each county shall be appointed by the mayor of the respective county and the Governor.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1433

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION RELATING TO EDUCATION.

 

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

SECTION 1. Article X of the Constitution of the State of Hawaii is amended by adding two new sections to be appropriately designated and to read as follows:

"SUPERINTENDENT OF EDUCATION

Section . There shall be a superintendent of education, who shall have the power, as provided by law, to formulate policy and to exercise control over the public school system. The superintendent shall be appointed by the governor and shall exercise power in a manner consistent with general laws.

COUNTY SCHOOL BOARDS OF EDUCATION

Section . There shall be a school board of education for each county. Each county school board shall advise the superintendent of education in the discharge of the superintendent's responsibility to formulate policy and exercise control over the public schools in that county. The members of the school board for each county shall be appointed by the mayor of the respective county and the governor, as provided by law."

SECTION 2. Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"OATH OF OFFICE

Section 4. All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as to the best of my ability." As used in this section, "eligible public officers" means the governor, the lieutenant governor, the members of both houses of the legislature, [the members of the board of education,] the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate."

SECTION 3. Article X, sections 2 and 3, of the Constitution of the State of Hawaii are repealed:

["BOARD OF EDUCATION

Section 2. There shall be a board of education composed of members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from two at-large school board districts. The first school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated. The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law. There shall be at least one member residing in each departmental school district. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education.

POWER OF THE BOARD OF EDUCATION

Section 3. The board of education shall have the power, as provided by law, to formulate statewide educational policy and appoint the superintendent of education as the chief executive officer of the public school system."]

SECTION 4. Article XVIII, section 7, of the Constitution of the State of Hawaii is repealed.

["1978 BOARD OF EDUCATION ELECTIONS

Section 7. Members elected to the board of education in the 1978 general election shall serve for two-year terms."]

SECTION 5. The question to be printed on the ballot shall be as follows:

"Shall the state board of education be abolished and shall the governor appoint the superintendent of education as the chief executive officer of the public school system, who shall formulate educational policy and exercise control over the schools with the advice of appointed county school boards of education?"

SECTION 6. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.

SECTION 7. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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