Report Title:

Pre-Kindergarten; Class Size

 

Description:

Changes the cutoff date for kindergarten entrance to October 1 beginning with the 2002-2003 school year, and to July 1 beginning with the 2003-2004 school year. Requires the DOE to establish pre-kindergartens, and to reduce the student:teacher ratio in kindergarten to third grade to not more than 20:1.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

374

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to EDucation.

 

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

Part I

SECTION 1. The legislature finds that studies nationally and locally have found substantial differences between "older" students and "younger" students within a grade, in terms of their performance and ability. Additional data relating to students' birthdates and specific learning disabilities have been analyzed locally. Analysis of March 1998 statewide data indicated a correlation between birth month and learning disability certification. It was found that a disproportionate number of those born in the latter half of the calendar year (July through December) were classified as learning disabled. Students at greatest risk are boys born between July and December. They account for a disproportionate number of students who are retained at their present grade level, have school adjustment problems, or are certified as learning disabled.

In light of these and other findings, the legislature believes that a change in the minimum age requirement for entrance to kindergarten can provide a more level playing field for those students born in the latter half of the calendar year.

The temporary inconvenience or disruption to some parents and the education system must be weighed against the potential long-term benefit to the child and the cost savings to society that will result as enrollment in special education and other remedial programs decline. The legislature further finds that, in the long run, changing the kindergarten entrance age will prove to be sound public policy that will result in the most good for the majority of the general public.

Accordingly, the purpose of this Act is to change the cutoff date for kindergarten to October 1 beginning with the 2002-2003 school year, and to July 1 beginning with the 2003-2004 school year. This Act also requires the department of education to:

(1) Establish and maintain pre-kindergartens as follows:

(A) During the 2002-2003 school year, for those children who will be five years of age between October 1, 2002, and December 31, 2002;

(B) During the 2003-2004 school year, for those children who will be five years of age between July 1, 2003, and September 30, 2003; and

(C) After the 2003-2004 school year, for those children who will be five years of age between July 1 and September 30; and

(2) Reduce the student-to-teacher ratio in kindergarten to third grade to not more than 20-to-1 beginning July 1, 2004.

SECTION 2. Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Pre-kindergarten" means a program based on generally accepted child development theory, including information related to social and developmental readiness. The pre-kindergarten program shall consist of components designed to enhance the skills necessary for success in later education, and shall include:

(1) Not less than one hundred fifty hours of pre-kindergarten and kindergarten readiness activities and instruction;

(2) Programs that assist students in developing the motor and cognitive skills required to be successful in kindergarten, including language development;

(3) Activities that socialize students to the discipline of the school environment."

SECTION 3. Section 302A-411, Hawaii Revised Statutes, is amended to read as follows:

"§302A-411 [Kindergartens;] Pre-kindergartens and kindergartens; establishment; attendance. (a) The department shall establish and maintain pre-kindergartens and kindergartens with a program of instruction as a part of the public school system; provided that attendance shall not be mandatory. [No]

Until the end of the 2001-2002 school year, no child shall attend any kindergarten unless the child will be at least five years of age on or before December 31 of the school year; provided that a child attending a school that convenes after the regular school schedule shall be five years of age on or before one hundred twenty-five days following the date the school convenes[; and provided further that the board shall develop informational guidance to promote the understanding of a child's readiness for kindergarten].

Beginning with the 2002-2003 school year, no child shall attend any kindergarten unless the child will be at least five years of age before October 1 of the school year; provided that a child attending a school that convenes before the regular school schedule shall be five years of age on or before the date the school convenes.

Beginning with the 2003-2004 school year, no child shall attend any kindergarten unless the child will be at least five years of age before July 1 of the school year; provided that a child attending a school that convenes before the regular school schedule shall be five years of age on or before the date the school convenes.

The department shall establish and maintain pre-kindergartens as follows:

(1) During the 2002-2003 school year, for those children who will be five years of age between October 1, 2002, and December 31, 2002;

(2) During the 2003-2004 school year, for those children who will be five years of age between July 1, 2003, and September 30, 2003; and

(3) After the 2003-2004 school year, for those children who will be five years of age between July 1 and September 30.

(b) The department may accept gifts to establish and maintain pre-kindergartens and kindergartens."

SECTION 4. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A-    Class size reduction. (a) Beginning July 1, 2004, the ratio of students to teachers in kindergarten through third grade shall be not more than twenty students to one teacher.

(b) No funds appropriated for the purpose of class size reduction shall be used for administrative services, whether or not these services are provided to students.

(c) Each school shall determine through a collaborative process with teachers how funds shall be expended to reduce class size.

(d) It is the intent of the legislature that the cost-savings created by changing the cutoff date for kindergarten to October 1 beginning with the 2002-2003 school year, and to July 1 beginning with the 2003-2004 school year, are to be utilized to reduce the ratio of students to teachers in kindergarten through third grade as specified in subsection (a)."

Part II

SECTION 5. Section 237D-3, Hawaii Revised Statutes, is amended to read as follows:

"§237D-3 Exemptions. This chapter shall not apply to:

(1) Health care facilities including all such facilities enumerated in section 321-11(10);

(2) School dormitories of a public or private educational institution providing education in grades [kindergarten] pre-kindergarten through twelve, or of any institution of higher education;

(3) Lodging provided by nonprofit corporations or associations for religious, charitable, or educational purposes; provided that this exemption shall apply only to the activities of the religious, charitable, or educational corporation or association as such and not to any rental or gross rental the primary purpose of which is to produce income even if the income is used for or in furtherance of the exempt activities of such religious, charitable, or educational corporation or association;

(4) Living accommodations for persons in the military on permanent duty assignment to Hawaii, including the furnishing of transient accommodations to those military personnel who receive temporary lodging allowances while seeking accommodations in Hawaii or while awaiting reassignment to new duty stations outside the State;

(5) Low-income renters receiving rental subsistence from the state or federal governments and whose rental periods are for durations shorter than sixty days;

(6) Operators of transient accommodations who furnish accommodations to full-time students enrolled in an institution offering post-secondary education. The director of taxation shall determine what shall be deemed acceptable proof of full-time enrollment. This exemption shall also apply to operators who furnish transient accommodations to students during summer employment;

(7) Accommodations furnished without charge such as, but not limited to, complimentary accommodations, accommodations furnished to contract personnel such as physicians, golf or tennis professionals, swimming and dancing instructors, and other personnel to whom no salary is paid or to employees who receive room and board as part of their salary or compensation; and

(8) Accommodations furnished to foreign diplomats and consular officials who are holding cards issued or authorized by the United States Department of State granting them an exemption from state taxes."

SECTION 6. Section 246-32, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) This subsection applies to property owned in fee simple, leased, or rented for a period of one year or more, by the person using the property for the exempt purposes, hereinafter referred to as the person claiming the exemption. If the property for which exemption is claimed is leased or rented, the lease or rental agreement shall be in force and recorded in the bureau of conveyances.

Exemption is allowed by this subsection to the following property:

(1) Property used for school purposes including:

(A) [Kindergartens,] Pre-kindergartens and kindergartens, grade schools, junior high schools, and high schools, which carry on a program of instruction meeting the requirements of the compulsory school attendance law, section 302A-1132, or which are for preschool children who have attained or will attain the age of [five] four years before [January 1 of the school year;] the date the school convenes; provided that any claim for exemption based on any of the foregoing uses shall be accompanied by a certificate issued by or under the authority of the department of education stating that the foregoing requirements are met;

(B) Junior colleges or colleges carrying on a general program of instruction of college level. The property exempt from taxation under this paragraph is limited to buildings used for educational purposes (including dormitories), housing owned by the school or college and used as residence for personnel employed at the school or college, campus and athletic grounds, and realty used for vocational purposes incident to the school or college.

(2) Property used for hospital and nursing home purposes, including housing for personnel employed at the hospital. In order to qualify under this paragraph the person claiming the exemption shall present with the claim a certificate issued by or under the authority of the department of health that the property for which the exemption is claimed consists of, or is a part of, hospital or nursing home facilities that are properly constituted under the law and maintained to serve, and that do serve the public.

(3) Property used for church purposes, including incidental activities, parsonages, and church grounds, the property exempt from taxation being limited to realty exclusive of burying grounds (exemption for which may be claimed under paragraph (4)).

(4) Property used as cemeteries (excluding property used for cremation purposes) maintained by a religious society, or by a corporation, association, or trust organized for this purpose.

(5) Property dedicated to public use by the owner, which dedication has been accepted by the State or any county, reduced to writing, and recorded in the bureau of conveyances; and property which has been set aside for public use and actually used therefor for a period not less than five years after enactment of this section.

(6) Property owned by any nonprofit corporation, admission to membership of which is restricted by the corporate charter to members of a labor union; property owned by any government employees' association or organization, one of the primary purposes of which is to improve employment conditions of its members; property owned by any trust, the beneficiaries of which are restricted to members of a labor union; and property owned by any association or league of federal credit unions chartered by the United States, the sole purpose of which is to promote the development of federal credit unions in the State. Notwithstanding any provision in this section to the contrary, the exemption shall apply to property or any portion thereof that is leased, rented, or otherwise let to another, if the leasing, renting, or letting is to a nonprofit association, organization, or corporation."

SECTION 7. Section 321-241, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-241 Purpose; establishment of program.[]] The purpose of this part is to establish a statewide school health services program. There shall be within the department of health a permanent comprehensive school health services program for grades [kindergarten] pre-kindergarten through twelve in all the public schools of this State. It is in the general welfare of the State to protect, preserve, care for, and improve the physical and mental health of Hawaii's children by making available at the public schools first aid and emergency care, preventive health care, health appraisals and follow-ups, and health room facilities."

SECTION 8. Section 302A-406, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department may provide suitable transportation to and from school and for educational field trips for all children in grades [kindergarten] pre-kindergarten to twelve and in special education classes. The department shall adopt such policy, procedure, and program as it deems necessary to provide suitable transportation. In formulating the policy, procedure, and program, the department shall consider the school district; the school attendance area in which a school child normally resides; the distance the school child lives from the school; the availability of public carriers or other means of transportation; the frequency, regularity, and availability of public transportation; and the grade level, physical handicap, or special learning disability of a school child, and it may also consider such conditions and circumstances unique or peculiar to a county or area."

SECTION 9. Section 302A-417, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department may establish and administer a traffic safety education program to be conducted at each public school for students from grades [kindergarten] pre-kindergarten through twelve."

SECTION 10. Section 302A-640, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Schools with only one class for each grade level in [kindergarten] pre-kindergarten through grade six shall be exempt from the average statewide class size ratio that may be established under any collective bargaining agreement between the teacher's exclusive bargaining representative and the department. These schools shall maintain a minimum staffing level of not less than one full-time equivalent teacher position per grade level per school, for [kindergarten] pre-kindergarten to grade six. This subsection shall not apply to a school with fewer than twelve students in any one grade level."

SECTION 11. Section 302A-901, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-901[]] Specific definitions. For the purposes of sections 302A-1154 to 302A-1163, "school" means any day care center, child care facility, headstart program, preschool, pre-kindergarten, kindergarten, elementary, or secondary school, public or private, including any special school for children in the State."

SECTION 12. Section 302A-1128, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department shall have entire charge and control and be responsible for the conduct of all affairs pertaining to public instruction. The department may establish and maintain schools for secular instruction at such places and for such terms as in its discretion it may deem advisable and the funds at its disposal may permit. The schools may include high schools, pre-kindergarten and kindergarten schools, schools or classes for pregrade education, boarding schools, and evening and day schools. The department may also maintain classes for technical and other instruction in any school where there may not be pupils sufficient in number to justify the establishment of separate schools for these purposes."

Part III

SECTION 13. The department of education shall conduct a seven-year longitudinal evaluation of its pre-kindergarten and kindergarten programs to determine the effect of this Act on academic achievement, behavioral and academic problems, retention rates, and participation in compensatory and special education programs. The evaluation shall include an assessment of relevant socioeconomic and ethnicity data to determine the effects of this Act on poverty and discrimination, as they relate to academic achievement, behavioral and academic problems, retention rates, and participation in compensatory and special education programs.

The department of education shall hire an external contractor to review the evaluation. The external contractor shall assist in the development, administration, analysis, and summary of the evaluation.

The department of education shall report its findings and, if appropriate, recommendations to the legislature not more than one hundred twenty days after the completion of the 2005-2006, 2006-2007, 2007-2008, and 2008-2009 school years.

It is the intent of the legislature that the cost-savings created by changing the cutoff date for kindergarten to October 1 beginning with the 2002-2003 school year, and to July 1 beginning with the 2003-2004 school year, are to be utilized to conduct a seven-year longitudinal evaluation of the department of education's pre-kindergarten and kindergarten programs.

SECTION 14. 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, and the sum of $ , or so much thereof as may be necessary for fiscal year 2002-2003, for the department of education to evaluate the effectiveness of its pre-kindergarten and kindergarten programs. The sums appropriated shall be expended by the department of education.

Part IV

SECTION 15. Notwithstanding section 89-19, Hawaii Revised Statutes, or any collective bargaining agreement to the contrary, a tenured classroom teacher who is displaced as a result of this Act shall be entitled to return to the teacher's former position within two years of being displaced. In the event of a conflict between this section and section 89-19, Hawaii Revised Statutes, or any collective bargaining agreement, this section shall control.

Part V

SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 17. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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