SB1266

SECTION 1. The legislature finds that individual public schools often need assistance to meet state accountability requirements for both fiscal and academic performance. In the past, the department of education district offices provided significant assistance to schools. However, with the emphasis on compliance with new federal and state requirements, the services available for schools at the complex area or district level have not kept pace with the needs of the schools.

The legislature further finds that the implementation of the weighted student formula as described in Act 51, Session Laws of Hawaii 2004, has often made it more difficult for schools to pool their resources to create complex area services and make complex area purchases of learning materials.

Finally, the legislature finds that with the emphasis on student testing results for reading and math, difficult choices at the school level have made it challenging for schools to retain important programs in the arts, physical education, and virtual education.

Specifically, it is well known that participation in the performing and visual arts not only enriches student life, but also contributes to greater student achievement. For many students, hands-on learning opportunities for self expression are keys to a healthier self esteem and improved classroom behavior. A complete education is one in which a young person is given continuous opportunities for expression through the arts.

It is also known that many of our students are not physically fit and many exhibit symptoms of childhood obesity. Student health relates to the physical well-being of our community and contributes to overall student achievement. It is essential that physical education programs be sustained even as schools spend more resources on remedial tutoring designed to raise test scores.

Finally, the ability of school communities to purchase high quality learning materials is crucial for a dynamic and effective education system. These materials may include traditional text books, virtual or computer-based text books, or novels.

The purpose of this Act is to achieve the following:

(1) Create greater emphasis and funding within the department of education at the complex area level for services and procurement of learning materials aligned throughout the complex;

(2) Create in each complex, a business service center and an education service center to provide greater support to schools within each complex;

(3) Provide funds at the complex area level for training and the professional development of school community councils;

(4) Provide additional funds to allow schools to purchase business services to ensure that the schools are using their best accounting and record keeping practices and are prepared for a financial audit; and

(5) Encourage schools to pool their resources to achieve the purposes of these funds.

SECTION 2. Section 302A-604.5, Hawaii Revised Statutes, is amended to read as follows:

"§302A-604.5 District business and fiscal officers[.] and complex area business managers. (a) The department shall establish [~~eight~~] fifteen permanent civil service exempt full-time equivalent complex area business [~~and fiscal officer~~] manager positions; provided that [~~four~~] one full-time equivalent complex area business [~~and fiscal officer positions~~] manager position shall be assigned to [~~the Oahu school districts, with the remaining positions to be assigned to school complexes based on need;~~] each of the fifteen complex areas in the department; and provided further that the complex area business [~~and fiscal officer:~~] manager:

(1) Shall be a highly knowledgeable and qualified individual and have a business and facilities management background;

(2) Shall not be subject to the requirements of [[]chapter 76[]]; and

(3) Shall not be required to be a certified teacher.

(b) Departmental school district business and fiscal officers shall be responsible for:

(1) Coordinating physical plant operations and maintenance activities with [~~the departments of education and accounting and general services;~~] schools within the complex;

(2) Coordinating the training and selection of school custodians; monitoring the performance of school custodians in accomplishing minor repairs with funds from school-level minor repairs and maintenance accounts; and overseeing these accounts at the direction of school principals;

(3) Planning for capital improvement projects with the department of education;

(4) Ensuring that school facilities comply with the laws and rules regarding:

(A) The provision of a free appropriate public education for exceptional children with disabilities; and

(B) The provision of a free appropriate public education for qualified students with disabilities;

(5) Assisting the department, individual schools, and school complexes in forming partnerships with community groups, volunteers, and businesses to obtain donated and discounted repair and maintenance services and materials; [~~and~~]

(6) Developing, coordinating, overseeing, and participating in the data collection for the physical plant analysis report and the maintenance plan for each school[.];

(7) Assist schools in adopting best practices in accounting and bookkeeping;

(8) Conduct budget versus actual variance analysis;

(9) Understand and provide guidance on procurement transactions and laws; and

(10) Prepare and present financial recommendations to the school and complex area administrators."

SECTION 3. 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 $ , or so much thereof as may be necessary for fiscal year 2008-2009, for each complex area and the charter school administrative office to provide funds to complex area department schools and to charter schools to purchase business services either from the department of education or other sources to assist the school in adopting best practices for accounting and recordkeeping.

The sums appropriated shall be expended by the department of education to assist the school community councils or local school boards with the goal of ensuring that each school is prepared for a financial audit. The department of education shall transfer the appropriate amount for each student to the charter school administrative office no later than July 15, 2008, for distribution to the charter schools.

SECTION 4. 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 $ , or so much thereof as may be necessary for fiscal year 2008-2009 to assist each complex area and school community councils to purchase training and professional development.

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

SECTION 5. 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 $ , or so much thereof as may be necessary for fiscal year 2008-2009, for the establishment of one full time equivalent business manager position for each of the fifteen school complex areas to assist the schools in managing their business aspects and in adopting best practices for accounting and recordkeeping.

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

SECTION 6. 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 $ , or so much thereof as may be necessary for fiscal year 2008-2009, for the department of education complex areas and the charter school administrative office to provide funds to schools for arts education, physical education, mathematics and science learning materials, including virtual learning materials and programs; provided that mathematics and science learning materials purchased by the schools shall be aligned with curricula throughout the complex. The department of education shall transfer the appropriate pro rated amounts of this appropriation for charter schools to the charter school administrative office no later than July 15, 2008, for distribution to the charter schools.

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

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1266
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII