SB3040

SECTION 1. The purpose of this Act is to propose amendments to the state constitution to:

(1) Allow a political subdivision's legislative body to establish an irrevocable local school district; and

(2) Establish and empower local school boards of education to implement the statewide educational policies and to formulate and implement local school district objectives.

SECTION 2. Article X of the Constitution of the State of Hawaii is amended by adding two new sections to be designated and to read as follows:

"LOCAL SCHOOL DISTRICTS

Section . Provided that two-thirds of the members of a political subdivision's legislative body vote affirmatively to establish a irrevocable local school district, such a district shall be responsible for the delivery of primary and secondary public education in that political subdivision. Following action by a political subdivision's legislative body to establish a local school district, the legislature shall be responsible in the following year to establish fair and equitable funding and the division of resources to carry out the decision of the political subdivision's legislative body.

Section . Each local school district shall be governed by a seven-member board elected by the voters of the district for staggered terms. The election of members shall take place in the next statewide election following the vote of the local subdivision's legislative body. Each local school board shall have the power, as provided by law, to formulate policy and to exercise control over the local school district public school system through its executive officer, the local school district superintendent, who shall be appointed by the local school board; except that the local school board shall have jurisdiction over the internal organization and management of the local school district public school system, as provided by law, and shall exercise its jurisdiction in a manner consistent with general laws."

SECTION 3. Article XVIII of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"EFFECTIVE DATE FOR SUPERINTENDENT OF EDUCATION AND ELECTED LOCAL SCHOOL BOARDS OF EDUCATION

Section . The amendments to Article X Sections 2 and 3 shall take effect following ratification and upon the day the elected local school boards of education begin functioning as provided by law."

SECTION 4. Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:

"OATH OF OFFICE

Section 4. All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as ............. to the best of my ability." As used in this section, "eligible public officers" means the governor, the lieutenant governor, the members of both houses of the legislature, the members of the State board of education, the members of local school boards of education, the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate."

SECTION 5. Article X, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"STATE BOARD OF EDUCATION

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 State school board districts. The first State school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated. The second State school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large State 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. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education."

SECTION 6. Article X, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"POWERS OF THE STATE BOARD OF EDUCATION AND LOCAL SCHOOL 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 superintendent of education as the chief executive officer of the public school system. Each local school board of education shall have the power to formulate district educational policy for its district, and implement statewide educational policy at the local level, as provided by law."

SECTION 7. The question to be printed on the ballot shall be as follows:

"Shall:

(1) The duly elected county councils of each political subdivision of the State of Hawaii be allowed to establish a local school district for the purpose of providing primary and secondary education in that political subdivision; and

(2) Locally elected school boards be established and empowered to govern each local school district that is established?"

SECTION 8. New constitutional material is underscored.

SECTION 9. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________
	BY REQUEST

THE SENATE	S.B. NO.	3040
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII