SB1149

SECTION 1. The legislature finds that since the enactment of the No Child Left Behind Act of 2001, Public Law 107-110, there has been a significant amount of experience and analyses of the effectiveness of the No Child Left Behind approach to assessments and standards.

At the same time, many school systems, including the department of education of Hawaii, have sought to utilize nationally produced assessment instruments that have not always met the needs of our communities. In fact, our State, like many others, has not taken full advantage of the flexibilities that are offered by federal law.

It is also apparent that referencing our standards requirements to a law that may be modified or repealed may limit the State's options.

The legislature further finds that greater collaboration between the University of Hawaii's many educational resources, including the Hawaii educational policy center, and the department of education will benefit all of Hawaii's students.

Finally, the legislature further finds that most reform efforts in the United States have the benefit of a well funded, independent policy research institute to assist policy makers. The Hawaii educational policy center, located at the University of Hawaii, has provided valuable analyses in the past, but has not received the financial commitment from the State to permit the level of assistance needed by policy makers in the field of education.

The purpose of this Act is to:

(1) Update the performance standards commission membership and reporting schedule;

(2) Remove references to specific federal laws and the current testing grades in anticipation of possible changes in federal law;

(3) Call for a greater focus on the use of alternative assessments based on student performance;

(4) Call for a more concerted effort to develop a "growth model" for Hawaii public schools; and

(5) Provide funds to the Hawaii educational policy center to take the lead in development of these assessments and to continue to provide expert analyses and commentary to assist policy makers.

SECTION 2. Section 302A-201, Hawaii Revised Statutes, is amended to read as follows:

"§302A-201 Statewide performance standards. (a) The board shall establish statewide performance standards and the means to assess the standards based upon the recommendations in the final report of the performance standards commission established pursuant to Act 334, Session Laws of Hawaii 1991; provided that the board may review and modify the performance standards, as the board deems necessary, to reflect the needs of public school students and educational goals adopted by the board.

(b) The board shall appoint a performance standards review commission, to be convened at the beginning of the [~~1997-1998~~] 2007-2008 school year, and every four years thereafter, to assess the effectiveness of the performance standards. The commission shall include representatives of the Hawaii State Parent, Teacher, Student Association; the Hawaii State Student Council; the superintendent; the dean of the college of education of the University of Hawaii; the executive director of the charter schools administrative office, and the professional education community. The commission [~~may request the assistance of such department or school staff as may be necessary to facilitate its review.~~] shall be staffed by the Hawaii educational policy center.

(c) The commission shall review the implementation of the performance standards by the board and the schools to determine whether the standards should be modified. In making this determination, the commission shall seek public input by holding public forums to discuss the implementation and effectiveness of the performance standards. [The commission shall submit a report of its findings and recommendations regarding the effectiveness of the standards and the need for modification of the standards to the board and the legislature prior to the convening of the 1999 regular session. The board shall consider and implement the modifications beginning with the 1999-2000 school year.]

(d) Notwithstanding any law to the contrary, the department shall establish procedures and guidelines for, and shall expand, its statewide assessment program to include norm-referenced testing in the same grades as required by [the federal No Child Left Behind Act of 2001 (Public Law 107-110) standards-based assessment (grades 3 through 8 and one grade in high school) in reading and math, using the most appropriate nationally normed test.] federal law and state standards-based assessments.

(e) The department shall work with the University of Hawaii and other educational organizations to develop alternative assessment tools, including the use of portfolios that might be used as part of the University of Hawaii's admission standards, performance-based assessments that provide alternatives to multiple-choice formats, and assessments that measure the academic growth of students while at a school. The department and the University of Hawaii shall report annually to the legislature not later than twenty days prior to the convening of each regular session on the progress in the development of these alternatives."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000, or so much thereof as may be necessary for fiscal year 2007-2008, to the Hawaii educational policy center at the University of Hawaii to provide staff for the performance standards commission, to:

(1) Work with the department of education, and other educational research organizations such as Kamehameha schools, to develop alternative assessment tools, including a so-called "growth model" for use in measuring student achievement over time at a school; and

(2) Provide independent comment and analyses on issues before the legislature, the board of education, and the department of education.

The sum appropriated shall be expended by the Hawaii educational policy center for the purposes of this section.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval, provided that section 3 shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1149
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII