SB1649

SECTION 1. The legislature finds that the Reinventing Education Act of 2004, Act 51, Sessions Laws of Hawaii 2004, as amended, holds promise to engage the parents, students, and the community into taking greater responsibility for their schools. The department of education established the school community councils, developed and issued guidelines in July 2005, in which the councils were to operate, conducted training for school community council members, and prepared and trained their personnel on the Weighted Student Formula-Financial Plan Implementation Manual for the 2006-2007 school year, as revised as of October 5, 2005.

After a year of operating under Act 51, the legislative auditor reported in the Management Audit of Kailua High School, Report No. 06-06, September 2006, that the function of the school's community council needs to be clarified and membership selection criteria should be changed to ensure greater independence. There are other incidents, such as parents opposing moving the sixth grade from Manoa elementary to Stevenson intermediate that demonstrate that the department of education has not implemented Act 51 to reach its intent and purpose. Less public than Manoa elementary, but equally known to the department was the move of the Maemae elementary school's sixth grade to Kawanankoa intermediate and concerns about the school's academic and financial plans. With both schools being told to move their sixth grades to meet the board of education's Middle Level Education Policy No. 2406, without it being presented, and an academic and financial plan of the impact of the school losing $600,000, the need to review Act 51 is an immediate concern. As a result of these and other incidents, the school communities are divided – a result that is contrary to the intent and purpose of Act 51.

The legislature further finds that the experience of school community councils implementing Act 51 and the findings of the legislative auditor gives reason to amend the law, and emphasize the need for community involvement and clarity in the authority of the school community councils. It is also evident that granting clarity to the school community councils' authority means that governance over complaints should be aligned with the board of education creating lines of communication of statewide education policies while maintaining the authority of the principal to direct the academic achievement of the school.

The purpose of this Act is to clarify the roles of the school community councils.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Financial plan" means all funding related to the academic plan, including: projected student state allocations under this chapter, federal funds, grants and other resources, any carryover funds regardless of the funding source that will be expended in the school year, and funds from other sources such as, but not limited to, parent support, and school supported fundraising activities.

"Expenditure plan" means how the moneys in the financial plan will be spent on a monthly basis in meeting the academic goals for direct student services, support services, and allocations not included in the weighted school formula."

SECTION 3. Section 302A-1103, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1103 Principal; authority and responsibility. The role of the principal shall include but not be limited to overseeing the day-to-day management of the school, the primary function of which is to develop and deliver instructional services to students in accordance with the academic and financial plan developed and approved by the school community council as provided herein and the statewide educational policy [~~and~~], to enable students to meet or exceed statewide academic standards. The principal shall:

(1) Ensure that the curriculum facilitates the achievement of the statewide student performance standards adopted for the public school system;

(2) [~~Develop~~] In collaboration with the complex area superintendent, develop and present to the school community council for its review and approval[~~, academic and financial plans relating to the school~~]:

(A) Academic, financial, and expenditure plans that identify all sources of funding for the expenditures relating to the school;

(B) Reports on the monthly progress in implementing the academic plan; and

(3) Exercise authority over the implementation of the budget, policies, and operations of the school; provided that any changes to the academic and financial plan approved by the school community council shall be presented to the school community council for prior approval as provided in paragraph (2); and

(4) Collaborate with other principals in the principal's school complex to ensure that:

(A) Logical, sequential curricula are adopted within the school complex;

(B) Best practices are shared among and implemented by schools within the school complex;

(D) The use of school complex-based personnel and contractors who divide their time between more than one school in a school complex is coordinated to maximize efficiency; and

(E) The passage of students through the continuum of grades is coordinated in a manner consistent with section 302A-1004."

SECTION 4. Section 302A-1124, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1124 Mandate to initiate school community councils. (a) The department, through the board and its superintendent, shall establish a school community council system under which each public school, excluding charter schools, shall create and maintain a school community council. Each school community council shall:

(1) Review [~~and~~], evaluate, and approve the [~~school's~~] principal's academic plan and financial plan[~~, and either recommend revisions of the plans to the principal, or recommend the plans for approval by the complex area superintendent~~]; provided that the principal, with the approval of the complex area superintendent, may set aside any decision made by the school community council pursuant to subsection (g);

(2) Ensure that the school's academic and financial plans are consistent with the educational accountability system under section 302A-1004;

(3) Participate in principal selection and evaluation, and transmit any such evaluations to the complex area superintendent; provided that the board of education through the superintendent shall be notified of any evaluation by the school community council that is less than satisfactory for its review and action; and

(4) Provide collaborative opportunities for input and consultation.

(b) School community councils shall be exempt from the requirements of chapters 91 and 92[.]; provided that a school community council, including its committees, shall meet the posting requirements of agendas and its minutes as provided in this section. The school community councils shall:

(1) Make available the notices and agendas of public meetings:

(A) At a publicly accessible area in the school's administrative office so as to be available for review during regular business hours[;] and the date of the posting; and

(B) On the school's [~~internet~~] Internat web site[.] and a tamper‑proof date of when the notice was posted.

not less than six calendar days prior to the public meeting, unless a written waiver is granted by the superintendent or the complex area superintendent as a designee in the case of an emergency; and

(2) Make available the minutes from [~~public~~] all school community councils except matters relating to the performance of the principal, meetings on a timely basis and the date of the posting in:

(A) The school's administrative office so as to be available for review during regular business hours; and

(B) On the school's Internet web site[.] and a tamper‑proof date of when the minutes were posted.

(c) [Complex area superintendents may require revisions to a school's academic and financial plans if the plans are in violation of law or conflict with statewide educational policies and standards, or are otherwise in the best interests of the school.] Any disagreement regarding the role of the school community council or with the interpretation of this chapter shall be presented as an appeal to the board of education.

(d) Any school community council or any school for which the school community council has authority may submit the complaint to the board of education's ombudsman for resolution, and the ombudsman shall have the same powers and authority to investigate and resolve the complaint as provided pursuant to chapter 96.

[~~(d)~~] (e) The superintendent of education, as directed by the board of education, may recommend to the board of education dissolution of a school community council and establish an interim school community council if the school community council engages in any act or omission that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct. The superintendent may recommend to the board the removal of any member of a school community council. The superintendent shall appoint or facilitate the creation of an interim school community council at any school that has not established a council or has had its council dissolved. In appointing or facilitating the creation of an interim school community council at any school that has had its council dissolved, the superintendent may appoint individuals who were previously members of the council.

[~~(e)~~] (f) Unless otherwise specified, each school community council shall establish policies governing the council's composition, election, staggered terms of office for members, operation, and vacancies; provided that:

(1) The number of school personnel [[]on[]] any school community council including the principal shall be [~~equal to~~] one less than the number of primary stakeholders on the school community council;

(2) At the elementary [~~and middle school levels,~~] school level, each school community council shall be composed of the principal who shall serve as the chair, and [~~at least one member~~] members representing each of the following groups:

(A) [~~Parents~~] Two parents elected by ballots distributed among and collected from the parents of the school’s students; provided that a parent shall be eligible to remain a member of the council for the term the child is a student at the school; and provided further that a parent shall have one vote per student at the school;

(B) [~~Teachers~~] One teacher elected by ballots distributed among and collected from teachers of the school;

(C) [~~Noncertificated~~] One noncertified school personnel elected by ballots distributed among and collected from noncertificated personnel of the school; and

(D) [~~Community~~] Two community representatives elected by ballots distributed among and collected from parents of the school's students; [~~and~~

~~(E)~~ ~~Student representatives selected by the student council of the school; and~~]

(3) At the middle school level, each school community council shall be composed of the principal who shall serve as the chair, and members representing each of the following groups:

(A) Two parents elected by ballots distributed among and collected from the parents of the school’s students; provided that a parent shall be eligible to remain a member of the council for the term the child is a student at the school; and provided further that a parent shall have one vote per student at the school;

(B) Two teachers elected by ballots distributed among and collected from teachers of the school;

(C) Two noncertified school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

(D) Two community representatives elected by ballots distributed among and collected from parents of the school's students; and

(E) Two student representatives selected by the student council of the school; and

[~~(3)~~] (4) At the high school level, each school community council shall be composed of the principal and at least one member representing each of the following groups:

(A) Parents elected by ballots distributed among and collected from parents of the school’s students;

(B) Teachers elected by ballots distributed among and collected from teachers of the school;

(C) Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

(D) Community representatives elected by ballots distributed among and collected from the parents of the school's students; and

(E) Student representatives selected by the student council of the school.

For the purposes of this subsection, "primary stakeholders" means students, parents, and community members.

[~~(f)~~] (g) School community councils shall elect officers, including:

[~~(1)~~ ~~A chairperson;~~]

[~~(2)~~] (1) A vice-chairperson;

[~~(3)~~] (2) A secretary; and

[~~(4)~~] (3) Other officers as needed to perform stated duties in support of the work of the council.

[~~(g)~~] (h) The principal shall have the authority to set aside any decision made by the school community council if the principal determines it to be in the best interests of the school; provided that the principal notifies the school community council. If the school community council opposes a decision of the principal, an appeal shall first be brought to the complex area superintendent for resolution and, if necessary, to the superintendent and, finally, to the board of education.

[~~(h) Complex~~] (i) A complex area [~~superintendents~~] superintendent shall chair a unified complex area school community council comprised of the principals within the complex, one parent, one community representative, and one student from each school within the complex to ensure the schools' academic and financial plans are consistent with the educational accountability system under section 302A-1004 and to assist the school community councils and principals within their respective complex areas in:

(1) Obtaining the support and services of the department; and

(2) Ensuring the progress and success of the school's academic and financial plan."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1649
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII