Report Title:

DOE; School Districts; District Superintendents

Description:

Returns the Department of Education to a system divided by districts in lieu of the current complex area structure.  Requires the Board of Education to appoint the district superintendents.  Establishes duties of the district superintendent.

HOUSE OF REPRESENTATIVES	H.B. NO.	985
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 302A-101, Hawaii Revised Statutes, is amended by amending the definitions of "complex area superintendent", "regional administrative unit", "school-based budget flexibility", and "school complex" to read as follows:

     "["Complex area] "District superintendent" means the chief administrative officer of a [complex area] district and the [school complexes] schools therein.

     "Regional administrative unit" means a grouping of [complexes] districts established by the department for administrative support and organizational purposes.

     "School-based budget flexibility" means an operating budget preparation and allocation process that provides maximum flexibility to individual schools, [complexes,] districts, and learning support centers in the preparation and execution of their operating budgets.

     "School [complex"] district" means a grouping of schools established by the department for instructional, administrative, and organizational purposes."

     SECTION 2.  Section 302A-604, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-604  [Complex area] District superintendents[.]; duties. (a) The [superintendent of education, with the approval of the board,] board of education shall appoint [complex area] district superintendents for schools.  A district superintendent shall be designated chief executive officer of the district superintendent's school district.

(b)  Under policies established by the board, the district superintendents shall have jurisdiction over the internal organization, operation, and management of the school district  and shall administer programs of education and public instruction throughout the school district, including education at the preschool, primary, and secondary school levels, and such other programs as may be established by law.  The [complex area] district superintendents shall supervise the delivery of administrative and instructional support services within their respective [complex areas,] districts, including:

     (1)  Personnel, fiscal, and facilities support;

     (2)  Monitoring of compliance with applicable state and federal laws; and

     (3)  Curriculum development, student assessment, and staff development services.

(c)  The district superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the school district.  The district superintendent may use a printed facsimile signature in approving appointments, contracts, and other documents."

     SECTION 3.  Section 302A-621, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-621 Salary; deputy superintendent, assistant superintendents, [complex area] district superintendents, deputy district superintendents.  The salaries of the deputy superintendent, assistant superintendents, [and complex area] district superintendents, and deputy district superintendents shall be set by the board; provided that the salaries of the deputy superintendent, assistant superintendents, and the [complex area] district superintendents shall not exceed eighty per cent of the superintendent's salary."

     SECTION 4.  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 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 and present to the school community council for its review and approval, academic and financial plans relating to the school;

     (3)  Exercise authority over the implementation of the budget, policies, and operations of the school; and

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

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

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

         (C)  The goals and objectives of the school [complex] district are being met;

         (D)  The use of school [complex-based] district-based personnel and contractors who divide their time between more than one school in a school [complex] district 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 5.  Section 302A-1111, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Under policies established by the board, the superintendent shall be designated as the chief executive officer of the public school system having jurisdiction over the [internal organization,] operation[,] and fiscal management of the public school system, as provided by law[; and shall administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, and such other programs as may be established by law]."

     SECTION 6.  Section 302H-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§302H-6[]]  Hawaiian language medium state education agency; districts [and complex areas].  The department of education may establish a Hawaiian language medium state education agency with the capability of operating districts [and complex areas] on an equal basis with any other districts [and complex areas] of the department.  The Hawaiian language medium state education agency [shall]:

(1) Shall encompass the entire [State, may] state;

(2) May administer schools consisting of geographically noncontiguous classes, boarding schools, charter schools, or cyber schools; and [may]

(3) May share facilities, administration, programs, resources, and funding with other public, charter, and private schools and colleges as appropriate.

     All schools and programs taught through the medium of the Hawaiian language shall be included in the Hawaiian language medium state education agency."

     SECTION 7.  Sections 36-35, 76-16, 84-17, 302A-321, 302A-412, 302A-431.7, 302A-438, 302A-604.5, 302A-705, 302A-1004, 302A-1104, 302A-1124, 302A-1130.5, 302A-1134, 302A-1153, 302A-1302, 302A-1308, 302A-1503, 302A-1505, and 302B-16, Hawaii Revised Statutes, are amended by replacing every reference to "complex" or "complex area," or like terms, with "district" or like term, as the context requires.

     SECTION 8.  No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.  An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 9.  The department of education shall adopt rules to effectuate the provisions of this Act.

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect upon its approval.

INTRODUCED BY:

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