SB1933

PART I. FINANCIAL AND ACADEMIC ACCOUNTABILITY

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.

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.

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 part 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 area, 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 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 part.

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 part.

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 for distribution to the charter schools.

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

PART II. EDUCATION AND WORKFORCE DEVELOPMENT

SECTION 7. The purpose of this part is to:

(1) Create a new category of high schools within the department of education that will link the curriculum of a school to the mission of a particular agency or University of Hawaii campus and the private sector work force;

(2) Create a tax incentive for businesses providing experiential learning opportunities; and

(3) Create a comprehensive agriculture and landscape education program in the public schools.

SECTION 8. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . APPLIED LEARNING HIGH SCHOOL ACADEMIES

§302A- Definitions. Whenever used in this part, unless the context otherwise requires:

"Applied learning high school academy" means a department of education high school, or school within a school, with an approved five-year plan to deliver an applied learning curriculum, including project EAST (environmental and spatial technology) programs and STEM (science, technology, engineering, and mathematics) programs, linked to the mission of a state agency or University of Hawaii campus, college, program or department, which includes a significant contribution of land, facilities, personnel, or other resources by that agency or university unit.

"Department" means the department of education.

§302A- Applied learning high school academies. (a) The department shall establish and administer an applied learning high school academy program.

(b) The applied learning high school academy program shall be administered by a director who shall:

(1) Collaborate with the director of business, economic development and tourism to assess the workforce needs of the State and devise methods of meeting those needs within the applied learning high school academy program;

(2) Assist schools, complex areas, and districts in establishing applied learning high school academy programs;

(3) Review school applications for approval of applied learning high school academy programs;

(4) Evaluate existing programs;

(5) Incorporate programs within the model, including project EAST (environmental and spatial technology) and STEM (science, technology, engineering, and mathematics) programs;

(6) In collaboration with the University of Hawaii, initiate research and studies for the improvement of curriculum materials for specialty areas of applied learning high school academies;

(7) Ensure that the standards and criteria developed under this section satisfy the mandates of federally assisted vocational education;

(8) Develop in-service programs for teachers and administrators;

(9) Assist in teacher recruitment and placement in applied learning high school academy programs;

(10) Serve as a liaison with the representatives of business, industry, appropriate public agencies, and institutions of higher education to facilitate dissemination of information;

(11) Promote links with private sector employers in Hawaii;

(12) Assist in the development of adult and continuing education programs in private industry; and

(13) Establish an advisory task force representing the diverse areas of industry in the State, which shall make annual recommendations on the development of curriculum, staffing, and strategies to establish a source of trained and qualified individuals and strategies for developing the applied learning high school academies program, including youth leadership throughout the public schools.

§302A- Applied learning high school academies; application and approval. (a) Any community, group of high school teachers, group of teachers and administrators, state agency, or nonprofit organization may submit a letter of intent to the department to convert a department high school to a applied learning high school academy, and develop a detailed five-year plan that shall include in its plan significant support of the high school by the co‑sponsoring state agency or University of Hawaii campus.

(b) Applied learning high school academies may be developed with a focus on agriculture, landscape education, marine science, astronomy, high technology, public health, visitor industries, human resource services, culture and language, environmental sciences, visual arts, performing arts, project EAST (environmental and spatial technology) program subjects, STEM (science, technology, engineering, and mathematics) program subjects, or other thematic areas of interest to agencies and University of Hawaii campuses.

(c) The plan shall be approved by the director, the high school's school community council, and the complex area superintendent; provided that the evaluation of the application plans shall incorporate the following criteria:

(1) The degree to which the plan strives to provide students with experiences outside the school walls;

(2) Opportunities for juniors to complete a semester-long academic internship in a local business or agency;

(3) Opportunities for seniors to develop substantial projects that enable the students to learn while working on problems of interest and concern in the community; and

(4) Opportunities for ninth and tenth grade students to "shadow" an adult through a workday, perform community service in a group project, or engage in lunches with outside adults on issues of interest.

(d) Upon approval of the five-year plan, the school community council shall have the same independent authority over curriculum of the applied learning high school academy for the five-year period as the charter school local school boards.

(e) The applied learning high school academy's success shall be evaluated by the board of education following each five-year period, and may be renewed."

SECTION 9. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§235- Experiential learning opportunities tax credit. (a) Each taxpayer subject to the tax imposed by this chapter who provides experiential learning opportunities to public school students for a total of at least twenty‑four hours of experiential learning opportunity time per year may claim a refundable tax credit in an amount equal to $ , which shall be deductible from the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed.

(b) Each taxpayer that provides experiential learning opportunities to public school students shall file documentation with the department of taxation that indicates:

(1) The total number of experiential learning opportunity hours provided to public school students;

(2) The number of public school students involved in the experiential learning opportunities;

(3) The names of the public education institutions in which the students are enrolled;

(4) A description of each experiential learning opportunity provided to public school students; and

(5) The contact information of the taxpayer providing the experiential learning opportunity and the public education institution receiving the opportunities.

The information in paragraphs (1) to (5) shall be a public document.

(c) All claims, including amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the credit.

(d) The director of taxation shall prepare any forms that may be necessary to carry out the purposes of this section and may adopt rules pursuant to chapter 91, including any penalties for failure to comply with this section.

(e) For purposes of this section, "experiential learning opportunity" means any learning opportunity within school hours, after school, on weekends, or during vacations, which allows the learner to attain information and practical skills that are necessary to perform in the work place and provides significant experiences with real outcomes that create measurable learning achievements through participation and reflection."

SECTION 10. 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, for the applied learning high school academies program established pursuant to section 8 of this part.

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

PART III. TEACHER PREPARATION PROGRAMS

SECTION 11. The legislature finds that recruitment and retention of qualified teachers for Hawaii's public schools continues to be a challenge for Hawaii's department of education and charter schools, as well as the teacher education community. The University of Hawaii's college of education plays a major role in the education of future teachers, continued professional development of educators, and programs that lead to licensing, certificate programs, mentoring of teachers, educational research, and policy studies.

The legislature further finds that the strategic plan of the University of Hawaii at Manoa calls for an ongoing commitment to public education in Hawaii.

The legislature further finds that, teachers have expressed great frustration with the implementation of and compliance with the No Child Left Behind Act. Since its enactment, there has been a significant amount of experience and analysis of the effectiveness of the No Child Left Behind Act approach to assessments and standards. At the same time, many school systems, including the Hawaii state department of education, 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.

Specifically, this part includes appropriations for the following programs:

(1) Supporting teacher education capacity (fiscal year 2007-2008: $65,000; fiscal year 2008-2009: $130,000). To continue efforts to fill the State's need for qualified teachers for Hawaii's keiki, one permanent positions is allocated to the college of education in fiscal year 2007-2008 and another in fiscal year 2008-2009 to enable the college of education to accept more qualified students into teacher education programs, thus increasing the number and quality of locally produced teachers in shortage areas such as mathematics, science, and, in keeping with the P-20 initiative, early childhood education;

(2) Supporting the center on disability studies (fiscal year 2007-2008: $120,000; fiscal year 2008-2009: $120,000). To meet federal grant requirements for institutional support, the center on disability studies is allocated two additional permanent faculty positions. The center on disability studies operates with only one general-funded position. The additional positions will enable the center on disability studies to further expand its ability to obtain additional grant funds and, therefore, its outreach to serve the increasing numbers of persons with disabilities. The center on disability studies works through training, research, and service to improve quality of life for people with disabilities throughout the State, and currently manages more than eighty-eight faculty and staff members and fifty projects with a budget of over $15,000,000;

(3) Funding for mentor teachers (fiscal year 2007-2008: $125,000; fiscal year 2008-2009: $125,000). Cooperating teachers/counselors and observation/participating teachers in grades kindergarten through twelve classrooms throughout the State provide an essential service to the college of education by supervising and mentoring full-time student teachers and other education practicum students in the field required for licensure. Additional funding for this item will:

(A) More appropriately compensate mentor teachers for the additional work they provide in developing Hawaii's teacher workforce; and

(B) Put mentor compensation on par with other institutions of higher learning in the State;

(4) Funding for schools to apply to become professional development schools (fiscal year 2007-2008: $250,000; fiscal year 2008-2009: $250,000). Schools in reconstruction status under the federal No Child Left Behind law may compete for grants that address standards-based learning, teacher preparation, and professional development by the placement of faculty within the school to work with future and current teachers;

(5) Permanent special education faculty (fiscal year 2008‑2009: $500,000). The State of Hawaii's need for more qualified special education teachers is increasing. In order to fulfill this need, the college of education is allocated funds to hire seven permanent faculty and one full-time staff person in the special education department. These positions have been funded by the Hawaii department of education under at memorandum of agreement with the college of education, which, if discontinued, would severally impact the college of education’s ability to produce qualified special education teachers;

(6) Funding responsibility for the master of education in teaching program (fiscal year 2007-2008: $700,000; fiscal year 2008-2009: $700,000). Transfer funding for the master of education in teaching program from the department of education to the college of education and expand stipends to include native Hawaiian cohort teachers (fiscal year 2007-2008: $700,000; fiscal year 2008-2009: $700,000). The master of education in teaching program is a two-year program, including two semesters of field experience in grades kindergarten through twelve classroom settings. During the fourth semester, teacher candidates work as teacher interns, whereby they fill a vacated department of education teacher position and are the teacher of record from January to the end of the department of education calendar year. The funds are to be used to pay mentor teachers in the program and stipends to the student interns in both the on-going master of education in teaching program cohort and to expand funding to include the native Hawaiian master of education in teacher program cohort;

(7) Provide funding for the office of school redesign at the University of Hawaii at Manoa (fiscal year 2007‑2008: $300,000; fiscal year 2008-2009: $300,000). The office of school redesign will provide technical support to public secondary schools and help in the development and implementation of small learning communities within large secondary schools throughout the State. With the appropriated moneys, the office will:

(A) Maintain a research database on the creation and effectiveness of small redesigned secondary schools;

(B) Lead state advocacy efforts for the creation of small redesigned secondary schools;

(C) Provide technical assistance to schools engaging in redesign through professional development institutes, facilitating/arranging visitations to exemplary or merging sites in Hawaii and elsewhere, and preparing/supporting a cadre of on-site coaches;

(D) Develop and promote connections and professional development opportunities for learning and sharing among local change agents;

(E) Participate with national networks of practitioners and researchers involved in launching or redesigning schools and school systems;

(F) Promote the concept of a research cadre that will be involved in developing, documenting, and disseminating understandings about school redesign, and contributing to a research database. Promote and facilitate dialogue among various school shareholders with respect to the most current research and understandings about school redesign;

(G) Foster communication among educators, decision-makers, and the greater community to advance secondary school redesign; and

(H) Assist schools in preparing grant applications to advance redesign activities;

(8) Continue to support the collaboration of the college of education in filling the gap in producing highly qualified teachers. The Teach for America program in Hawaii is a partnership of the Hawaii department of education, the University of Hawaii college of education, and the national Teach for America program with support from the state legislature, the governor’s office, and private foundations/corporations. The intent is to provide highly qualified teachers in traditionally hard to fill areas such as mathematics, science, and special education, to serve in high poverty, high need communities. These are areas that the institutions of higher education in Hawaii collectively have been consistently unable to address. Teach for America is currently recruiting teachers to fill Hawaii vacancies. The funds are to provide a masters of education in teaching degree for newly hired Teach for America teachers (4 positions for fiscal year 2008: $250,000; 4 positions for fiscal year 2009 $250,000); and

(9) Create a seamless career pathway from high school to community college to baccalaureate completion preparing education assistants and teachers to fill high need areas through Leeward community college and the University of Hawaii at Manoa college of education. Leeward community college and the college of education will work together to recruit, train, and retain prospective education assistants, paraprofessionals, and elementary and secondary teachers by combining resources to reach out to community members interested in pursuing a career in education. Leeward community college will provide education training resulting in an associate of arts in teaching degree. The college of education will accept Leeward community college associate of arts in teaching degree holders into an upper division cohort specially designed for associate of arts in teaching graduates that will lead to state teacher licensure. Courses will be delivered in Leeward communities through face-to-face, distance learning, and/or hybrid instruction. Leeward community college-2.5 positions (fiscal year 2008: $158,000; fiscal year 2009: $158,000); college of education-3.5 positions (fiscal year 2008: $255,000; fiscal year 2009: $255,000).

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 analysis 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 part is to provide funding for key programs that will increase the capacity of the college of education to educate qualified teachers, meet federal requirements for institutional support of disability studies, expand teacher professional development and mentoring programs, and transfer the office of school redesign from the department of education to the University of Hawaii. In addition, this part will:

(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 federal changes in law;

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

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

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

(6) Clarify the dual purposes of the Hawaii educator loan program; and

(7) Amend the amounts of loan forgiveness for the Hawaii educator loan program.

SECTION 12. 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 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.~~] The commission shall be staffed by the Hawaii educational policy center.

(c) The commission shall review the implementation of the performance standards established 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.~~] 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 may be used as part of the University of Hawaii's admission standards, performance-based assessments that provide alternatives to schools and students to the multiple-choice formats, as well as 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 on the progress in development of these alternatives."

SECTION 13. Section 304A-701, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-701[]] Hawaii educator loans; eligibility; amounts[.]; forgiveness. (a) There is created the Hawaii educator loan program to be administered by the University of Hawaii, [~~to provide financial support to students who complete~~] the purpose of which is to:

(1) Provide recruitment incentives for students to enroll in state-approved teacher education programs; and

(2) Provide a retention incentive for teachers who have graduated from a state-approved teacher education program and who agree to teach in the Hawaii public school system.

Eligibility shall be awarded by the university to students on a competitive basis.

(b) The amount to be loaned to a student under the recruitment incentive loan portion shall be determined by the board of regents based on need for financial aid and proof of acceptance into a state-approved teacher education program at the university. The maximum amount of loans that a student may receive under this program shall be an aggregate amount equivalent to tuition payments and costs of textbooks and other instructional materials necessary to complete a state-approved teacher education program.

SECTION 14. Section 304A-702, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) Upon a showing of proof that the loan recipient has completed a state-approved teacher education program and is employed as a full-time teacher in the Hawaii public school system, [~~one-tenth~~] per cent of the total amount of the loan and interest shall be waived for every year of the first [~~five~~] three years, and the remaining balance shall be waived after the sixth year that a loan recipient teaches in a Hawaii public school in a hard-to-fill position as determined by the superintendent of education, including special education, regular education shortage categories, or Title 1 schools, and in one of the following capacities:

(1) As an elementary school teacher teaching in the field of elementary education who has met standards as set forth by the Hawaii teacher standards board; or

(2) As a secondary school teacher teaching in the subject area that is relevant to the loan recipient's academic major as certified by the department of education who has met standards as set forth by the Hawaii teacher standards board."

2. By amending subsection (d) to read:

"(d) If a loan recipient subject to this section fails to teach in the Hawaii public school system for a minimum of [~~ten~~] six consecutive years from the loan recipient's original date of employment with the department of education[,] or a charter school, excluding sabbatical and other forms of temporary leaves of absence, then the loan recipient shall repay any remaining loan balance at the rate of ten per cent simple interest."

SECTION 15. 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 the University of Hawaii to carry out the purposes of this part, including the hiring of necessary staff; provided that:

(1) For fiscal year 2007-2008 the sums appropriated shall be allocated as follows:

(A) $65,000 for an additional position for the college of education to increase teacher education capacity;

(B) $125,000 for funding mentor teachers;

(D) $700,000 for the master of education in teaching program;

(E) $300,000 for the office of school redesign;

(F) $250,000 for the college of education to fund masters of education in teaching degrees for teachers;

(G) $158,000 for 2.5 (FTE) positions for Leeward community college for educational training;

(H) $255,000 for 3.0 (FTE) positions for the college of education for educational training; and

(I) $ for the Hawaii educator loan program.

(2) For fiscal year 2008-2009 the sums appropriated shall be allocated as follows:

(A) $130,000 shall be for 2.0 (FTE) positions for the college of education to increase teacher education capacity;

(B) $120,000 for 2.0 (FTE) positions for the center on disability studies;

(D) $250,000 to enable schools to apply to become professional development schools;

(E) $500,000 for permanent special education faculty;

(F) $700,000 for the master of education in teaching program;

(G) $300,000 for the office of school redesign;

(H) $250,000 for the college of education to fund masters of education in teaching degrees for teachers;

(I) $158,000 for 2.5 (FTE) positions for Leeward community college for educational training;

(J) $255,000 for 3.0 (FTE) positions for the college of education for educational training; and

(K) $ for the Hawaii educator loan program.

The sums appropriated shall be expended by the University of Hawaii.

SECTION 16. 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, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, to the Hawaii educational policy center at the University of Hawaii to provide staff for the performance standards commission; to work with the department of education and other educational research organizations, such as Kamehameha Schools; to develop alternative assessment tools, including a comprehensive "growth model" for use in measuring student achievement over time at a school; and to provide independent comment and analysis on issues before the legislature, the board of education, and the department of education.

The sums appropriated shall be expended by the University of Hawaii.

SECTION 17. 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 the operations of the teacher cadet program, including recruitment, retention, training, and teacher support.

The sum appropriated shall be deposited into the Hawaii teacher cadet program fund for the purposes of this part; provided that the Hawaii Alliance for Future Teachers match the amounts as provided in section 302A-401.5, Hawaii Revised Statutes.

SECTION 18. 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 induction teacher mentoring for new teachers and teachers who are new to Hawaii based upon a 15:1 teacher to mentor ratio. Induction mentors, not new teachers, should be recognized educators who have demonstrated exemplary performance, and these educators shall have the opportunity to be induction teachers and their participation should be flexible. These teachers shall have full return rights to their previous teaching positions.

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

PART IV. EARLY EDUCATION

SECTION 19. The early learning education task force, established by Act 259, Session Laws of Hawaii 2006, was assigned the following task:

"The task force shall develop a five-year plan with annual increments for a coherent, comprehensive, and sustainable early learning system that shall ensure a continuum of quality early learning opportunities for young children in the State from birth up to age five, and which maximizes public and private resources."

Among the guiding principles for the design of an early education system is the fact that skilled and knowledgeable early care and education practitioners are an essential key to quality and they must have access to education and training opportunities as well as receive equitable compensation and opportunities in order to succeed.

The task force found there are five key elements to proactively increasing early educator capacity, namely to:

(1) Expand the availability and reach of scholarships, with state-funded financial aid, to support early educators in completing college degrees and early childhood education-related coursework;

(2) Expand distance learning options for all early educators;

(3) Expand offerings of early childhood education-related college courses and community-based training to meet the needs of early educators and junior kindergarten teachers who are currently in the workforce;

(4) Establish a mentoring and coaching program to improve the quality of early childhood programs statewide, starting with a focus on programs for four-year-olds; and

(5) Establish a recruitment and retention initiative to attract new entrants to the early childhood field, encourage practitioners to improve their qualifications, and entice highly-qualified early educators to remain in Hawaii's early learning community.

The legislature further finds that an effective incentive program can be designed based on the model used for the annual incentive pay that is awarded to licensed teachers who receive national certification.

The legislature also finds that additional funding is needed for teachers for junior kindergarten programs to ensure an appropriate student-to-teacher ratio at one teacher for every fifteen students.

In addition, more can be done to identify unused public school land or facilities for use by state early childhood education programs.

The purpose of this part is to establish an early educator incentive program that will provide funding for professional development, as well as subsidies for employees of early education schools who agree to continue their employment for a minimum of three years in an early education school affiliated with a public school, to require the department to identify unused public school land or facilities for use by state early childhood education programs, and to appropriate funds.

SECTION 20. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Early educator incentive program. (a) There is established an early educator incentive program within the department for administrative purposes.

(b) The program shall be administered by a nonprofit organization, the contract for which shall be awarded through a competitive bid process.

(c) The administrator of the program shall create a competitive bid system for early education schools that are willing to participate in the program and become affiliated with a public school.

(d) Early education schools may receive up to $ per designated employee per year to:

(1) Pay for the professional development of designated employees and pay for a wage subsidy of up to $ per employee for up to five years following receipt of a license;

(2) Develop a memorandum of agreement with a department of education school or public charter school to locate an early education facility on or near the public school campus and develop a collaborative and seamless education plan that would maximize continuity between the child's early education and public school learning environment and curriculum;

(3) Provide for the part-time assignment of a designated employee in the public school as an assistant to the regular teaching faculty; and

(4) Create opportunities for the movement of participating personnel with the children as they move from preschool to the public school in order to minimize disruptions, maximize readiness of children to enter public school, and to maximize the readiness of the schools to receive them.

For purposes of this section, "designated employee" means an employee who does not yet have a license recognized by the Hawaii teachers standard board to teach in a Hawaii public school, who agrees to complete a prescribed program of state-approved professional development courses leading to licensure in elementary education, and who further agrees to continue to be employed in an early education workforce incentive program preschool or affiliated public elementary school for no less than three years following the receipt of a license."

SECTION 21. Section 302A-1506.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1506.5[]] Early childhood education facilities; identifying sites[.]; inspections. (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~~] prepared and utilized for early childhood education programs[.]; provided that the classrooms shall meet the licensing standards determined by the departments of education and human services. Priority shall be given to land or 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 inspect each early childhood education program facility as frequently as it deems necessary for the proper operation, sanitation, and safety of the facility. The inspections shall be made at least once a year. All early education program facilities shall be open at all times to visitation and inspection by representatives of the departments of education, human services, and health, and by the designated representatives of the respective county fire departments.

(d) The department may adopt rules pursuant to chapter 91 to effectuate this section."

SECTION 22. 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 amount, or so much thereof as may be necessary for fiscal year 2008-2009, for the early educator incentive program.

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

SECTION 23. 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 amount, or so much thereof as may be necessary for fiscal year 2008-2009, for junior kindergarten teachers, to ensure that the student-to-teacher ratio in junior kindergarten programs shall not exceed fifteen students for every one teacher.

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

PART V. REPAIR AND MAINTENANCE

A. DEPARTMENT OF EDUCATION

SECTION 24. Hawaii's children deserve a quality education in a clean and safe environment. Many schools have leaky roofs, termite-infested floors, crumbling walls, and overheated classrooms. The legislature finds that there is a compelling need to immediately fund the backlog of repair and maintenance projects in the public schools.

In 2001, the legislature appropriated funds to help mitigate the department of education's estimated $640,000,000 backlog of repair and maintenance projects. The current backlog of repair and maintenance projects is estimated at $341,000,000, which includes recurring major and minor repairs, ongoing cycle maintenance, service and contract maintenance, nonrecurring projects, and emergency repairs.

The purpose of this subpart is to reduce the backlog of repair and maintenance projects within the public schools to a manageable level of $150,000,000 within three years. In order to reduce the existing backlog of work and newly generated repair and maintenance deficiencies, it is projected that $130,000,000 will be required in general fund revenues each year for the next three years.

SECTION 25. There is appropriated out of the general revenues of the State of Hawaii the sum of $130,000,000, 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 the department of education's repair and maintenance projects.

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

SECTION 26. Sums appropriated under this subpart shall be in addition to any funds that may be appropriated for the same purposes of this subpart.

SECTION 27. The appropriation made for capital improvement projects authorized by section 25 of this Act shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation unencumbered as of June 30, 2010, shall lapse as of that date.

B. UNIVERSITY OF HAWAII

SECTION 28. The University of Hawaii's physical plant has accumulated a backlog of repairs and maintenance due to the lack of general funds. This project includes reroofing, mechanical, and electrical systems, renovations, resurfacing, repainting, and other improvements and project costs to upgrade facilities at all university campuses.

Facilities provide the centerpiece around which all other educational activities exist at higher education institutions. The total replacement value of all University of Hawaii facilities is estimated at $1,600,000,000. Therefore, it is imperative to reinvest in the university's physical plant to ensure that the physical infrastructure facilitates the mission of the institution.

The role of repair and maintenance is to maintain the physical infrastructure and facilities of our campuses so that they are functional, architecturally sound, aesthetically pleasing, and in compliance with building and safety codes to support quality instruction, research, student, and community services programs.

The current backlog of repair and maintenance deficiencies at the University of Hawaii totals $165,000,000. The purpose of this subpart is to reduce the backlog of repair and maintenance projects at the University of Hawaii to a manageable level.

SECTION 29. The director of finance is authorized to issue general obligation bonds in the sum of $80,000,000, or so much thereof as may be necessary, for fiscal year 2007-2008, and the sum of $60,000,000, or so much thereof as may be necessary, for fiscal year 2008-2009, and the same sums, or so much thereof as may be necessary, are appropriated for the purpose of reducing the backlog or repair and maintenance projects to manageable levels at the University of Hawaii system.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this subpart.

SECTION 30. The sums appropriated under this subpart shall be in addition to any other funds that may be appropriated for the same purposes of this subpart.

SECTION 31. The appropriations made for the capital improvement projects authorized by section 29 of this Act shall not lapse at the end of the fiscal biennium for which the appropriations are made; provided that all moneys from the appropriation unencumbered as of June 30, 2010, shall lapse as of that date.

PART VI. ACADEMIC ACHIEVEMENT

SECTION 32. Act 160, Session Laws of Hawaii 2006, appropriated $2,000,000 for purchasing science textbooks and teaching resources.

The purpose of this part is to improve the academic achievement of students in mathematics by providing funds for the following purposes:

(1) To purchase mathematics textbooks and other learning materials, including virtual learning resources, for articulated K‑12 mathematics instruction within a complex; and

(2) To provide funds for professional development in mathematics, coaching, and the use of assessments to provide appropriate mathematics interventions for individual students.

SECTION 33. 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, for the purposes of:

(1) Purchasing mathematics textbooks and other mathematics learning materials;

(2) Funding professional development for teachers of mathematics, mathematics coaching; and

(3) Conducting assessments to provide appropriate mathematics interventions for individual students.

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

PART VII. MISCELLANEOUS

SECTION 34. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 35. This Act shall take effect on July 1, 2007; provided that sections 20 and 21 shall be effective upon approval; and provided that section 9 shall apply to taxable years starting after December 31, 2006.

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THE SENATE	S.B. NO.	1933
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII