HB19 SD1

Part I

Section 1. Findings and purpose. The legislature finds that with in-migration and the aging of our population, among other things, the demographics of the State are evolving. Over the past twenty-five years, the statewide population has increasingly shifted from the urban core to the suburbs, especially on Oahu, where the population center has steadily moved to the western side of the island. Meanwhile, some of the areas in the State with the fastest-growing populations are Kihei, Maui, and West Hawaii. These demographic shifts have overburdened public school facilities in growing areas and left some public school facilities in other areas underutilized. Thus, the legislature believes there is a need to revitalize school facilities statewide, including building or expanding schools in certain areas and consolidating or closing schools in other areas.

However, the legislature finds that, despite broad-based public recognition of Hawaii's changing demographics, there is often little public support for changes that affect specific constituencies. In particular, this is true of proposals to close or consolidate public schools to maximize resources.

The legislature recognizes the difficulties, political and otherwise, inherent in these decisions. But in the face of increasing educational priorities, the legislature believes that just as the construction or expansion of some schools is important, the consolidation or closure of other schools is also necessary. It is important that any actions to construct, expand, consolidate, or close schools be accomplished through a very objective and transparent process that benefits the greatest number of public school students and their families.

The purpose of this part is to revitalize school facilities statewide and to more effectively and efficiently use our taxpayers' investment in public education. Specifically, this part provides for the timely construction, expansion, consolidation, or closure of public schools in Hawaii through an objective and transparent process that, at a minimum:

(1) Includes the establishment of a facilities alignment commission that shall:

(A) Establish criteria for the selection of public schools to be constructed, expanded, consolidated, or closed; and

(B) Recommend, based upon these criteria, a list of areas for new school construction, and of schools for expansion, consolidation, or closure, subject to the review of the legislature; and

(2) Directs the board of education to proceed with the process of constructing, expanding, consolidating, or closing schools according to the recommendations of the facilities alignment commission.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- School facilities; report. The board shall submit a report to the legislature on or before July 1 of each year, beginning with July 1, 2008, on plans for underutilized facilities within the department that includes:

(1) Schools earmarked for possible closure;

(2) A schools and facilities watch list; and

(3) Alternative potential uses for underutilized schools or facilities."

SECTION 3. Facilities alignment commission. (a) There is established the facilities alignment commission, to be attached to the department of education for administrative purposes. The commission shall be composed of nine members appointed by the governor; provided that:

(1) Three members shall be appointed from a list of nominees submitted by the president of the senate; and

(2) Three members shall be appointed from a list of nominees submitted by the speaker of the house of representatives.

(b) The chairperson of the commission shall be selected by the members of the commission.

(d) Any substantive action taken by the commission pursuant to sections 4 to 6 of this Act shall be approved by a two-thirds vote of its members. For all other actions of the commission, five members shall constitute a quorum to do business, of which a majority vote shall suffice to approve such actions.

(e) The commission shall be exempt from chapter 91, Hawaii Revised Statutes, but shall be subject to chapters 92 and 92F, Hawaii Revised Statutes.

(f) The members of the commission shall serve without compensation but shall be reimbursed for expenses necessary for the performance of their duties, including travel expenses.

(g) The department of education shall provide administrative support to the commission. The commission shall have access to all records in the department of education and department of accounting and general services pertinent to its duties and may request research and analysis assistance from the department of education. Pursuant to chapter 92F, Hawaii Revised Statutes, the commission shall maintain the confidentiality of all confidential information.

(h) The commission shall terminate upon adjournment of the regular legislative session of 2009, sine die.

SECTION 4. Procedures for making recommendations for school alignment; school facilities plan. (a) The department of education shall submit to the facilities alignment commission by August 31, 2007, a thirty-year school facilities plan for the department of education. The school facilities plan shall be based on the department's assessment of the projected student enrollment for every public school in the State, except for charter schools. In conducting the assessment, the department shall:

(1) Consider the six-year program and financial plan prepared pursuant to section 37-69, Hawaii Revised Statutes, to the extent it is applicable;

(2) Develop and consider a thirty-year projection of the enrollment at each school across the State and the resulting need for facilities; and

(3) Consider other reliable data relative to population growth and trends, and anticipated levels of funding necessary for every school.

(b) The school facilities plan shall include:

(1) A description of the assessment of projected student enrollment pursuant to subsection (a);

(2) A comprehensive inventory of all department of education facilities;

(3) For each school district, thirty-year projections for the numbers and locations of schools required annually to accommodate the numbers and types of students in the projected enrollment; and

(4) Recommendations for the construction, expansion, consolidation, or closure of schools based on the projections and assessment made pursuant to this section.

SECTION 5. School alignment selection criteria. (a) By December 31, 2007, the facilities alignment commission shall establish the criteria that will be used by the commission to select:

(1) Areas for new school construction;

(2) Schools for expansion, except charter schools;

(3) Schools to be consolidated, except charter schools; and

(4) Schools to be closed, except charter schools.

(b) The criteria shall require, at a minimum, the consideration of:

(1) The overutilization or underutilization of school facilities;

(2) The impact of the consolidation or closure of a school on the community in which it is located; and

(3) The costs or savings resulting from the continued operation, consolidation, or closure of a school, including the costs of deferred and future repair and maintenance.

(c) Before finalizing the school alignment selection criteria, the commission shall hold public hearings to obtain public response to the commission's proposed criteria. For each public hearing, the commission shall provide appropriate notice, as required by section 1-28.5, Hawaii Revised Statutes, both statewide and county-wide in each county of the State. The commission shall make available to the public draft copies of its proposed criteria not less than two weeks prior to the start of the public hearings.

SECTION 6. Preliminary recommendations. (a) By February 29, 2008, based on the school facilities plan developed pursuant to section 3 and the final school alignment selection criteria adopted pursuant to section 4, the facilities alignment commission shall compile a preliminary list of recommended:

(1) Areas for new school construction;

(2) Schools for expansion, except charter schools;

(3) Schools to be consolidated, except charter schools; and

(4) Schools to be closed, except charter schools.

(b) The list of recommendations shall include a summary of the selection process that resulted in the recommendation of each area or school on the list, including a justification for each recommendation.

(c) In selecting areas and schools for the list, the commission shall consider equally all schools within the State, without regard to whether the board of education had previously considered the school for consolidation or closure.

SECTION 7. Public hearings and final recommendations by the commission. (a) By September 1, 2008, the facilities alignment commission shall hold public hearings to obtain public response to the commission's preliminary recommendations. For each public hearing, the commission shall provide appropriate notice as required by section 1-28.5, Hawaii Revised Statutes, both statewide and county-wide in each county of the State. The commission shall make available to the public draft copies of the preliminary recommendations not less than two weeks prior to the start of the public hearings.

(b) Not less than twenty days prior to the convening of the regular session of 2009, the commission shall submit to the legislature a report of its findings and conclusions, including a final list of recommendations for:

(1) Areas for new school construction;

(2) Schools for expansion, except charter schools;

(3) Schools to be consolidated, except charter schools; and

(4) Schools to be closed, except charter schools.

(c) The final list of recommendations shall be subject to legislative disapproval only in their entirety, by concurrent resolution.

(d) If the legislature does not disapprove the recommendations pursuant to subsection (c), then after the adjournment of the regular legislative session of 2009, sine die, the board of education shall begin compliance with the recommendations of the commission for the 2010-2011 school year to:

(1) Construct new schools;

(2) Expand schools; and

(3) Consolidate or close schools.

SECTION 8. 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 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 for expenses incurred by the facilities alignment commission in carrying out its duties.

The sums appropriated shall be expended by the department of education for the purposes of this part.

PART II

SECTION 9. (a) The legislature finds that smaller school environments are of great advantage to teachers, students, and parents. Hawaii has explored smaller learning communities in the past by considering various reforms, including "turning points" in 1989, "breaking ranks" in 1996, and approaching interested foundations such as the Annenberg Foundation and the Gates Foundation. However, Hawaii has not been able to implement a system-wide smaller learning community initiative.

(b) The legislature also finds that research and experience indicate that smaller schools enable teachers to create more personalized relationships with students, leading to learning opportunities based upon students' needs and interests. Smaller schools provide an ideal environment for project-based and place-based learning, ranging from class-based, teacher-designed projects to whole school design.

(c) The legislature further finds that the department of education, facilitated by various grants, has explored schools-within-schools, but it has not created a major smaller learning community initiative. In addition, Act 298, Session Laws of Hawaii 2006, enacted the public charter schools law, codified as chapter 302B, Hawaii Revised Statutes, which also does not provide for smaller learning communities.

The department of education is considering the potential cost savings of consolidating smaller schools. Cost savings appear to be a higher priority than the research-documented benefits of smaller learning communities. The legislature finds that the cost savings approach to school consolidation is irrational in the face of overwhelming evidence that smaller schools are beneficial to students. Various authoritative educational studies have found that students in smaller schools:

(1) Are more academically successful than those in larger schools;

(2) Have higher graduation rates; and

(3) Are more likely to take advanced-level courses, and to participate in extracurricular activities.

The purpose of this part is to establish the framework and criteria for the department of education to implement smaller learning communities.

SECTION 10. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Smaller Learning Communities

§302A-A Purpose. The purpose of this part is to establish smaller learning communities consisting of smaller schools. Smaller learning communities greatly enhance the achievement of students, including but not limited to higher grades, test scores, and college admissions, and enable students to become better prepared for the workplace.

§302A-B Establishment of policy. It shall be the policy of the department to provide for the establishment of smaller learning communities within existing schools or school districts that shall have priority over the cost savings of consolidating or closing schools; provided that smaller schools or schools-within-schools shall satisfy the requirements of section 302A-C in order to establish or remain part of a smaller learning community.

§302A-C Smaller schools or schools-within-schools; requirements. (a) Smaller schools or schools-within-schools in a smaller learning community shall:

(1) Select and operate under a school specialty status, including magnet, academy, or other specialty;

(2) Develop personalized plans for each student; and

(3) Create and maintain portfolios for each student.

(b) Funds derived from shared facilities usage by smaller schools or schools-within-schools in a smaller learning community shall be used to augment funds allocated according to the weighted student formula.

§302A-D Guidelines. The following guidelines shall apply to achieve the establishment of smaller learning communities through smaller schools:

(1) Cost savings or enrollment shall not be the priority in closing or consolidating school facilities;

(2) Prior to closing or consolidating school facilities, the department shall determine if there is a private provider willing to build early childhood education facilities, as provided in section 302A-1506.5;

(3) Prior to the sale of school lands, as provided under section 302A-1151, the department shall determine if the school land or building is suitable for other educational purposes, including but not limited to establishment of a smaller learning community or an early childhood education facility operated by a private provider;

(4) Prior to closing a smaller school, the department shall assist that school to become a conversion charter school, as defined in section 302B-1;

(5) The department shall explore alternate methods of realizing cost savings, in lieu of closing or consolidating school facilities, including sharing of administrative support and specialized teachers among schools within the same district; and

(6) Prior to consolidation of school facilities, the department shall obtain input of the parents and faculty of an affected school.

§302A-E Expansion of e-learning. Each school district shall develop a plan to expand its use of e-learning, encompassing computer-enhanced learning, web-based teaching materials, and virtual learning, to enhance and create more personalized learning environments.

As used in this section, "virtual learning" means a managed learning environment in which all aspects of a course are handled through a consistent user interface standard throughout the grade level."

SECTION 11. Section 302A-1151, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1151[]] Sale of school lands unnecessary for school purposes. The chairperson of the board of land and natural resources [~~is hereby requested~~], upon the recommendation and approval of the superintendent, [to] shall sell any state lands, including the buildings thereon, once used but no longer necessary for school purposes[.] and without the potential of being used for other educational purposes."

SECTION 12. Section 302A-1506.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1506.5[]] Early childhood education facilities; identifying sites[.]; closing or consolidation. (a) The department [~~of education~~] shall identify unused public school facilities for use by early childhood education programs. Suitable empty classrooms, as determined by the department, shall be inventoried for potential use in early childhood education programs. Priority shall be given to facilities on sites with sufficient space for three or more classrooms to be renovated or constructed.

(b) The department shall assist in the identification of possible construction sites for private providers to build early childhood education facilities.

(c) The department shall give priority to the application of this section as a condition precedent to the closing or consolidation of unused or underutilized school facilities."

PART III

SECTION 13. In codifying the new sections added by section 10 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

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

SECTION 15. This Act shall take effect on July 1, 2020.

HOUSE OF REPRESENTATIVES	H.B. NO.	19
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 2
STATE OF HAWAII		S.D. 1