STAND. COM. REP. NO.1192

Honolulu, Hawaii

, 2003

RE: H.B. No. 289

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Education, to which was referred H.B. No. 289, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

The purpose of this measure, as received by your Committee, is to require the Superintendent of Education to organize the Department of Education into school complex areas and to establish complex area school councils with the authority to administer and manage certain functions at the school complex level.

Testimony in support of this measure was submitted by the Board of Education, the Superintendent of Education, three public school principals within the Farrington school complex, the Hawaii Business Roundtable, and the Ko'olau News. Testimony in opposition to the measure was submitted by the Governor, America's Promise Hawaii, the League of Women Voters of Hawaii, and ten citizens. The Hawaii State Teachers Association, the Hawaii Government Employees Association, and a citizen submitted comments.

Your Committee finds that Article X, section 3 of the Hawaii State Constitution presently delineates the powers of the state Board of Education as the formulation of statewide policy, as provided by law, and the appointment of the Superintendent of Education as the chief executive officer of the public school system. Your Committee further finds that the Board's powers and the Superintendent's authorities and responsibilities are further defined in statutes enacted by the Legislature. Your Committee agrees that the Legislature should proceed to consider and reach consensus regarding the decentralization of the public school system as soon as possible. However, your Committee believes that the task of decentralization must be clarified with regard to the authorities and responsibilities of the Superintendent vis-à-vis any district administration that is created. Thus, your Committee has amended this measure by adopting in concept the decentralization of the public school system, and inserting provisions that:

(1) Delineate that the Superintendent of Education is responsible for ensuring implementation of statewide policy as adopted by the Board of Education, compliance with state and federal laws, and preparation and execution of a systemwide budget and financial management system;

(2) Establish regional education agencies and regional superintendents to serve as the chief administrative officers within the regional education agencies;

(3) Establish regional governing boards of directors for the regional education agencies to be composed of members appointed by the Governor, legislative leadership, and community education organizations and to represent the various community stakeholders within each region; and

(4) Assign responsibilities to the regional boards to solicit and engage in community processes, appoint and evaluate the regional superintendents, develop and prioritize school facility needs and projects, manage discretionary funds awarded to the region, and adopt common school calendars and schedules within the region;

(5) Assign to the regional superintendent the responsibility for the daily operations of the schools within the region, including the allocation of personnel, procurement of goods and services, and management of state and federal resources allocated to the region;

(6) Establish a principal advisory council within each school complex to serve as advisors to the regional governing board and the regional superintendents;

(7) Establish authority of the regional education agencies vis-à-vis the State Superintendent, regarding the development of regional educational plans, staff development, and implementation of statewide educational standards;

(8) Provide for school complex-based management to reflect the new administrative structure of the public school system;

(9) Set a defective effective date of April 20, 2037; and

(10) Make technical, nonsubstantive changes for the purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 289, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 289, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

NORMAN SAKAMOTO, Chair