Gives elected local school boards of education control of schools at the district level, including budgetary and personnel authority; provides for incremental dismantling of central DOE with personnel returned to district offices and classrooms. Creates a state school board to oversee programs of education throughout the state comprised of a representative from each of the local school boards and an elected state superintendent.

A BILL FOR AN ACT

SECTION 1. Chapter 13, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§13- Local school boards; empowerment. (a) Each local school board organized under this chapter shall have exclusive responsibility and control over all matters concerning public schools located within each respective school district, including the formulation of districtwide educational policy, budgetary and personnel authority.

(b) All current administrative and management functions performed by the department shall be transferred to each local school board established under this chapter. The department shall take all steps necessary, including the adoption of all necessary rules and regulations pursuant to chapter 91 and the transfer of all personnel as appropriate, to insure that this transition occurs without disruption. As appropriate, all department personnel shall return to district offices and to classrooms."

SECTION 2. Section 13-1, Hawaii Revised Statutes, is amended to read as follows:

"§13-1 Board members; number. (a) [The board] Each of the eight local boards of education shall consist of [thirteen] seven members who shall be elected by the registered voters of [two at-large] each respective school board [districts] district, and shall be residents of that district, as follows:

[First school board district: the island of Oahu, comprised of the 11th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts, and the

Second school board district: the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai, and Niihau, comprised of the 1st through the 10th, a portion of the 49th (that portion found on the island of Kauai), and the 50th and 51st representative districts.

(b) Ten members shall be elected at-large from the first school board district. Of the ten members elected at-large from that district, one shall be a resident of the third departmental school district (Honolulu), one shall be a resident of the fourth departmental school district (Central Oahu), one shall be a resident of the fifth departmental school district (Leeward Oahu), and one shall be a resident of the sixth departmental school district (Windward Oahu).

(c) Three members shall be elected at-large from the second school board district. Of the three members elected at-large from that district, one shall be a resident of the first departmental school district (Hawaii), one shall be a resident of the second departmental school district (Maui), and one shall be a resident of the seventh departmental school district (Kauai).

(d) The departmental school districts shall be as follows:

First departmental school district (Hawaii): the island of Hawaii comprised of the 1st through the 5th and a portion of the 6th (that portion found on the island of Hawaii) representative districts;

Second departmental school district (Maui): the islands of Maui, Molokai (including the county of Kalawao), Lanai, and Kahoolawe comprised of a portion of the 6th (that portion found on the island of Maui) and the 7th through the 10th representative districts;

Third departmental school district (Honolulu): that portion of the island of Oahu comprised of the 21st through the 41st representative districts;

Fourth departmental school district (Central Oahu): that portion of the island of Oahu comprised of the 11th through the 14th and the 45th representative districts;

Fifth departmental school district (Leeward Oahu): that portion of the island of Oahu comprised of the 42nd through the 44th, the 46th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts;

Sixth departmental school district (Windward Oahu): that portion of the island of Oahu comprised of the 15th through the 20th representative districts; and

Seventh departmental school district (Kauai): the islands of Kauai and Niihau comprised of a portion of the 49th (that portion found on the island of Kauai) and the 50th and 51st representative districts.] The first school board district: (Kona) that portion of the island of Hawaii comprised of North Kohala, South Kohala, North Kona, South Kona, and Ka`u; and

The second school board district: (Hilo) that portion of the island of Hawaii comprised of Hamakua, North Hilo, South Hilo, and Puna;

The third school district: (Maui) the islands of Maui, Molokai, Lanai, and Kahoolawe;

The fourth school district: (Kauai and Niihau) the islands of Kauai and Niihau;

The fifth school district: (Honolulu) that portion of Oahu comprised of the 15^th through the 30^th representative districts;

The sixth school district: (Central Oahu) that portion of the island of Oahu comprised of the 31^st through 45^th representative districts, except for those representative districts in the seventh school district (below);

The seventh school district: (Leeward Oahu) that portion of the island of Oahu comprised of the 36^th, 37^th and the 41^st through 44^th representative districts; and

The eighth school district: (Windward Oahu) that portion of the island of Oahu comprised of that portion of the island of Oahu comprised of the 46^th through the 51^st representative districts.

SECTION 3. Section 26-12, Hawaii Revised Statutes, is amended to read as follows:

"§26-12 Department of education. The department of education shall be headed by [an executive board] a representative from each of the eight local boards of education and an elected superintendent to be known as the state board of education.

Under policies established by the state board of education, the superintendent shall [administer] oversee standards, accountability, and revenue distribution for programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, adult education, school library services, health education and instruction (not including dental health treatment transferred to the department of health), and such other programs as may be established by law. The state board of education shall maintain equalized funding by distributing revenue to districts on a per-capita basis. The state librarian, under policies established by the state board of education, shall be responsible for the administration of programs relating to public library services and transcribing services for the blind.

The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.

The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.

The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.

Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services the board of education may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.

Notwithstanding any law to the contrary, the board of education may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the board of education on matters relating to public library services in their respective county."

SECTION 4. Section 302A-101, Hawaii Revised Statutes, is amended by amending the definition of "board" to read:

"Board" means the [board] eight local boards and state board of education."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $, or so much thereof as may be necessary for fiscal year 2001-2002, for the establishment of each local school board and the decentralization of the department of education.

SECTION 6. The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.