Changes the minimum age for entering kindergarten from age 5 by 12/31 to age 5 before 10/16 beginning with the 2005-2006 school year and age 5 before 8/1 beginning with the 2006-2007 school year; requires public schools provide pre-kindergarten programs within available resources; establishes a statewide consolidated textbook and instructional materials list for use within each school complex; allows department of education to enter into cooperative purchasing agreements for textbooks to achieve economies of scale; allows parents to purchase textbooks at department price. (SD1)

A BILL FOR AN ACT

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' birth dates 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. Comparisons between Hawaii students and students in other states on national achievement tests in later grades are likely to be more equitable if the entry age of Hawaii students is more closely aligned to that of most other states.

In light of these and other findings, the legislature believes that a change in the minimum age requirement for entrance to kindergarten will provide a more level playing field for 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 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 Part is to advance the cutoff date for kindergarten to October 16 beginning with the 2005-2006 school year and to August 1 beginning with the 2006-2007 school year, and to request the department of education to provide pre-kindergarten programs for those students not eligible for kindergarten due to the change in the age requirement.

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 an early education program for four-year old children based upon generally accepted child development theories and designed to enhance the development of physical, social, emotional, and intellectual skills necessary for student achievement in kindergarten through grade 12 formal education programs."

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

"§302A-411 Kindergartens; pre-kindergartens; establishment; attendance. (a) The department shall establish and maintain kindergartens and pre-kindergartens with a program of instruction as a part of the public school system; provided that attendance shall not be mandatory. [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.] The department shall establish procedures and criteria to determine the psychological and physiological readiness of children for public school kindergarten and may grant an exception in the case of a child who is found to be ready for kindergarten. All teachers who teach kindergarten, first, or second grades, and principals of public elementary schools, shall enforce this section and require proof of age by birth certificates or certificates of registration, or if none can be obtained, then by satisfactory evidence.

(b) Beginning with the 2003-2004 school year, a child who will be at least five years of age before January 1 of the school year may attend a public school kindergarten.

Beginning with the 2005-2006 school year, a child who will be at least five years of age before October 16 of the school year may attend a public school kindergarten. The department shall provide pre-kindergarten programs for those children who do not meet the October 16 age requirement for admittance into kindergarten.

(c) The department may accept gifts to establish and maintain kindergartens[.] and pre-kindergartens, and shall offer available classrooms and related school facilities for public or privately operated pre-kindergartens. The department may offer pre-kindergarten services to families at public schools not within a family's public school district; provided that public school pre-kindergarten services are not available or not offered within that family's school district; and provided further that the family provides transportation of the child to and from the public school pre-kindergarten that the child attends."

SECTION 4. Section 302A-1131, Hawaii Revised Statutes, is repealed.

["[§302A-1131] Public schools; attendance. (a) Except as authorized by section 302A-411, no child shall attend any public school unless the child will be at least six years of age before January 1 of the school year; provided that:

(b) All teachers who teach in the first and second grades and principals of public schools shall enforce this section and require proof of age by birth certificates or certificates of registration, or if none can be obtained, then by satisfactory evidence."]

SECTION 5. The department of education shall conduct an analyis of the projected cost-savings to the public schools and adverse impacts on public school personnel and facilities that will result from changing the age for entry into kindergarten beginning with the 2005-2006 school year, and mandating kindergarten attendance beginning with the 2006-2007 school year. The superintendent shall submit to the legislature, a report of the department's findings and recommendations, not later than twenty days prior to the convening of the 2004 regular session.

SECTION 6. It is the intent of the legislature that any cost-savings realized by the department due to changing the age requirement for kindergarten to October 16 beginning with the 2005-2006 school year, and to August 1 beginning with the 2006-2007 school year, be reallocated by the department to pre-kindergarten programs established pursuant to this Act.

The superintendent shall determine, based upon preliminary enrollment numbers, the projected amount of cost-savings to be realized in each school year and report those amounts to the legislature not later than March 1 of the regular sessions of 2005 and 2006, respectively.

SECTION 7. 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 have the first right of refusal regarding the teacher's former teaching position and shall be entitled to return to the teacher's former position within two years of being displaced; provided the size of the population in that grade level warrants the addition of another teacher. 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 II.

SECTION 8. Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Textbooks and instructional materials" includes any book or other printed materials used as a standard work for a particular course of study, except library books."

SECTION 9. Section 302A-442.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-442.5[]] Instructional materials[.]; exceptional children. (a) Whenever used in this section, unless a different meaning clearly appears from the context:

"Braille" means the system of reading and writing through touch commonly known as standard English braille.

["Textbooks and other instructional materials" means any literary or nonliterary works obtained for use in a course of study.]

(b) All publishers of textbooks [or other] and instructional materials sold to the State or any [local education agency] public school shall furnish computer diskettes for literary subjects in the American Standard Code for Information Interchange from which braille versions can be produced. Publishers shall also furnish computer diskettes in American Standard Code for Information Interchange for nonliterary subjects including natural sciences, computer science, mathematics, and music when braille specialty code translation software is available.

(c) This section shall not apply to publishers of textbooks and [other] instructional materials written in the Hawaiian language."

SECTION 10. Section 302A-1130, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1130[]] Public schools [special] restitution fees and charges; [standards;] grouping of students. (a) [No equipment, material, or other fees shall be assessed against any pupil in any school, except that the] The department may assess and collect special fees and charges from [pupils] students for co-curricular activities and from [pupils] students who negligently break, damage, lose, or destroy school [books] equipment[,] or supplies. Any [pupil] student found to be responsible for the loss, destruction, breakage, or damage of school [books, which shall include library and textbooks, of] equipment[,] or [of] supplies, shall make restitution to the school [in any manner], including the payment by the [pupil] student, or the [pupil's] student's parents or guardians, of the actual replacement costs.

(b) No [pupil] student shall be required to make restitution [in any manner] unless the [pupil] student and the [pupil's] student's parents or guardians have been notified and have been given an opportunity to be heard before the principal of the school on the charges that the [pupil] student was responsible for the loss, destruction, breakage, or damage of school [books,] equipment[,] or supplies.

(c) If the principal, upon a hearing on the charges, has reasonable cause to believe that the [pupil] student is responsible for the loss, destruction, breakage, or damage of school [books,] equipment[,] or supplies, the principal shall design a restitution program that shall be submitted to the [pupil] student and the [pupil's] student's parents or guardian for agreement in writing.

If restitution is made in this fashion, then no information about the charges, the hearing, and the actions taken shall be communicated to any person not directly involved in the proceedings.

If the [pupil] student and the student's parent or guardian do not agree with the determination made by the principal, the principal shall report to the district superintendent the determination and the findings made by the principal, including all the records and documents regarding the investigation, for any further action.

(d) Notwithstanding any other provisions in this section to the contrary, the State may elect to bring any appropriate action for the recovery of all damages to school properties. Nothing in this section shall limit the right of the State to bring any action against any person to recover the damages.

(e) Special fees and charges collected from [pupils] students for co-curricular activities shall be deposited into insured checking or savings accounts and expended by each individual school under rules adopted by the department pursuant to chapter 91.

(f) Special fees and charges collected from [pupils] students who negligently break, damage, lose, or destroy school [books,] equipment[,] or supplies shall be deposited in a fund and expended by the department under rules adopted pursuant to chapter 91.

(g) For the purposes of this section, "school equipment or supplies" includes library books.

(h) The department may continue to group [pupils] students within any public school in accordance with their abilities and educational needs."

SECTION 11. Section 302A-1130.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1130.5[] Textbook replacement fees, fines.] Textbooks and instructional materials; consolidated purchasing; fees and replacement charges. (a) Beginning with the 2005-2006 school year, the department of education shall develop and update, on an annual basis, a statewide consolidated list of textbooks and instructional materials that are compatible with the Hawaii content and performance standards. The principals in each school complex, after consultation with their faculty, shall select not more than six textbooks or instructional materials for each approved course of study that shall be used consistently throughout the school complex; provided that exceptions may be granted by the principal for advanced placement or honors courses. No individual public school nor school complex shall deviate from this list without prior permission from the superintendent, nor shall an individual public school or school complex request or receive state funds for any supplemental textbooks or instructional materials used by that school or school complex. Textbooks or instructional materials that are donated or purchased with federal or private funds may be used by a teacher, individual school, or school complex; provided that they are part of a curriculum compatible with the Hawaii content and performance standards and approved by the principal or district superintendent.

(b) In procuring textbooks and instructional materials, the department shall use, to the greatest extent practicable, cooperative purchasing as defined in section 103D-801, including but not limited to purchasing agreements with federal agencies and other state or local education agencies, to obtain a lower price per unit for textbooks and instructional materials than the department would otherwise obtain as a sole purchaser. The department shall include in those purchasing agreements an option for the purchase of additional textbooks at the same per unit price as is offered to the department, for use by a teacher or parent of a student enrolled in a particular course of study; provided that the parent shall reimburse the school for the purchase price of the textbook.

(c) Beginning with the 2005-2006 school year, the department shall assess and collect from each student or the student's parent or guardian, a one-time textbook deposit fee of $ , which shall be retained in the school's textbook account and returned to the student when the student leaves the school; provided that the student has returned in usable condition all textbooks issued to the student by the school. This deposit shall be collected each time a student is enrolled in a public school; provided that students who are eligible to receive free and reduced lunch shall not be required to pay the textbook deposit fees.

Beginning with the 2005-2006 school year, the department, at the beginning of each school year, shall assess and collect from each student or the student's parent or guardian, a textbook and instructional materials fee not to exceed $20 per student; provided that students who are eligible to receive free and reduced lunch shall not be required to pay such fees. A student shall be required to pay the fee only once during a school year; if the student changes schools within the public school system during the school year, the student's former school shall contact the student's new school to verify that the payment has been made for that school year.

[(a)] (d) School principals shall [recover special] retain the fees and replacement charges for lost, damaged, destroyed, or broken textbooks and instructional materials [as authorized under] pursuant to the same process provided under section 302A-1130[.

(b) All special]; provided that all fees and replacement charges for lost, damaged, destroyed, or broken [books] textbooks or instructional materials collected by the principal shall remain at the school level.

[(c) The school principal shall exercise any other supervisory powers that shall be necessary to provide satisfactory recovery and proper care of textbooks on a schoolwide basis as provided by law.]"

SECTION 12. Section 302A-1146, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1146[]] Schools [not to sell]; merchandise[, etc]. It shall be unlawful for any public school, without the written permission of the department, to operate stores or to sell merchandise, with the following exceptions: school lunches, milk, ice cream, candy, [things] and products made or grown at the school as part of the educational program[, and in cases where classroom efficiency, uniformity, or standardization of particular supplies is essential, textbooks, equipment, and necessary school supplies and equipment, may be sold by any school]. The department, with the advice of the comptroller, shall adopt rules in conformance with chapter 91 necessary for the purposes of this section."

SECTION 13. Section 302A-1308, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1308[]] Use of resources by schools. School principals shall consult with teachers, parents, and students to solicit their advice on the use of moneys and positions. Prior to expending moneys and implementing position assignments, principals shall submit plans for the use of the moneys and positions to their district superintendents who shall review the plans for conformance with departmental policies and rules. Upon approval of the plans, moneys may be expended by the principals for supplies, [textbooks,] equipment, and services. Positions may be used to meet the unique needs of the schools."

Part III.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect upon its approval.