Report Title:

Local Boards of Education; County Boundaries; LRB Study

RESOLUTION

WHEREAS, the Task Force on Educational Governance, established pursuant to Act 332, Session Laws of Hawaii 1991, suggested that educational policy-making should be decentralized by establishing local boards of education along county boundaries; and

WHEREAS, the Task Force found that the Board of Education was an anomaly in that its functions were analogous to combining the legislative and executive branches of government. Even today, the Board performs a legislative function in setting educational policies, as well as an executive function in overseeing the execution of educational policies -- albeit through the Superintendent of Education, who is appointed by the Board; and

WHEREAS, the concept of local boards of education was part of the effort to move accountability for the delivery of educational services closer to the school level. Establishing local boards along county boundaries would improve decision-making responsiveness, allow for diversity and competition, and provide needed flexibility to adapt to county-level school needs -- in effect, bring "home rule" to educational governance; and

WHEREAS, the Task Force believed that the State had a better chance of achieving educational excellence by promoting diversity in the public school system. Even today, the underlying strength of the system is its statewide funding of schools, a method of funding much admired throughout the country. The system’s centralized educational philosophy, however, stifles initiative and innovation, and tends to cause standards for student achievement to be set at the level of lowest common denominator; and

WHEREAS, the local boards would set educational policies, minimum standards, and goals for public schools within the respective counties, articulate a vision for their schools, advocate for county school concerns, prioritize school capital improvement project requests within their respective counties, establish county strategies for school/community-based management, and perform other duties as provided by law; and

WHEREAS, the Task Force suggested that the local boards should be policy-making bodies only, and should not be involved in management or operational decisions of the schools. Members of each local board would be elected as provided by law; and

WHEREAS, standards set by the local boards could not fall below, but would be allowed to exceed statewide minimum educational standards. The local boards or representatives from each board would meet annually to set statewide minimum standards, and to discuss educational issues; and

WHEREAS, the Task Force suggested that the Superintendent of Education should be appointed by the Governor and confirmed by a majority of the local boards, in a manner comparable to the Senate’s advice and consent of gubernatorial appointments. The Superintendent would have responsibility for the internal management of the Department of Education within the framework of school/community-based management; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2001, the Senate concurring, that the Legislative Reference Bureau is requested to study the implications of establishing local boards of education along county boundaries; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to propose legislation to implement what it believes to be the most viable, workable, manageable, and feasible alternatives for establishing local boards of education along county boundaries; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit its findings and recommendations, including suggested legislation, to the Legislature not less than twenty days prior to the convening of the Regular Session of 2002; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of the Legislative Reference Bureau, the Chairperson of the Board of Education, and the Superintendent of Education.