Report Title:

Elected district school boards.

Description:

Proposes an amendment to Article X, sections 2 and 3 of the State Constitution to replace the current single district school system with locally elected school boards.

HOUSE OF REPRESENTATIVES	H.B. NO.	798
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 2 AND 3 OF THE HAWAII CONSTITUTION TO CREATE ELECTED DISTRICT SCHOOL BOARDS.

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

     SECTION 1.  The purpose of this Act is to propose an amendment to Article X, section 2 and 3, of the Constitution of the State of Hawaii to provide for the creation of at least seven locally elected district school boards and to amend the function and selection of the state board of education.

     SECTION 2.  Article X, section 2, of the Constitution of the State of Hawaii, is amended to read as follows:

     "[BOARD OF EDUCATION] STATE AND DISTRICT SCHOOL BOARDS

Section 2.  There shall be a state board of education composed of [members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from two at-large school board districts] one member selected from each district school board.  Each district board shall select its representative to the state board by majority vote among the district board members.  Each state board member, with the exception of the member from the noncontiguous district, shall have a vote on matters before the state board of education.

There shall be at least seven district school boards composed of members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from each of the school board districts.  [The first] At least two school board [district] districts shall be comprised of [the] areas of approximately equal populations and inclusive of the Hilo and Kona regions on the island of [Oahu and all other islands not specifically enumerated.  The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law.  There shall be at least one member residing in each departmental school district.] Hawaii as determined by an apportionment commission as provided for by law.  At least one school board district shall be comprised of the islands of Lanai, Molokai, Kahoolawe, and Maui.  At least one school board district shall be comprised of the islands of Kauai and Niihau.  The Island of Oahu shall have at least three school board districts.  The districts shall be determined by an apportionment commission as provided for by law.  The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the state board of education.  Local student councils shall select a public high school student to serve as a nonvoting member on each district school board of education."

SECTION 3.  Article X, section 3, of the Constitution of the State of Hawaii, is amended to read as follows:

     "POWER OF THE [BOARD OF EDUCATION] STATE AND DISTRICT BOARDS OF EDUCATION

Section 3.  The state board of education shall have the power, as provided by law, to [formulate statewide educational policy and] appoint the state superintendent of education, [as the chief executive officer of the public school system] formulate funding formulae to fund each district board of education, create statewide education standards, and oversee equity and compliance with federal law.

District boards of education shall have the power, as provided by law, to formulate district wide educational policies not inconsistent with statewide education standards and effect budget decisions within the district.  District boards of education shall have all other powers not specifically delegated to the state board of education."

    SECTION 4.  The question to be printed on the ballot shall be as follows:

    "Shall the current constitutional provisions on the creation and power of the Board of Education be amended to provide for the creation of at least seven local district school boards elected by the voters of each local school district?" 

SECTION 5.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 6.  This amendment shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:

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