HOUSE OF REPRESENTATIVES	H.B. NO.	1988
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

proposing an amendment to the hawaii constitution to allow the governor to appoint the members of the board of education and the superintendent of education upon confirmation by both the house of representatives and the senate.

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

     SECTION 1.  The purpose of this Act is to propose an amendment to article X, sections 2 and 3, of the Hawaii Constitution to allow the governor to appoint the members of the board of education and the superintendent of education upon the advice and consent of both the state house of representatives and the senate.

     SECTION 2.  Article 10, section 2, of the Hawaii Constitution is amended to read as follows:

"BOARD OF EDUCATION; SUPERINTENDENT OF EDUCATION

Section 2.  [There] Notwithstanding Article X, Section 6, there shall be a 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 school board districts.  The first school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated.  The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau.  Each at-large 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.] nominated and, by and with the advice and consent of both the house of representatives and senate, appointed by the governor.  The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education.

The board of education shall have the power, as provided by law, to formulate statewide educational policy.

There shall be a superintendent of education, as the chief executive officer of the public school system, who shall be nominated and, by and with the advice and consent of both the house of representatives and senate, appointed by the governor. Members of the board of education and the superintendent of education shall hold office for a term to expire at the end of the term for which the governor was elected, unless sooner removed by the governor.

If the manner of removal of a member of the board of education or the superintendent of education is not prescribed in this constitution, removal shall be as provided by law.

When the legislature is not in session and a vacancy occurs, appointment to which requires the confirmation of both the house of representatives and the senate, the governor may fill the office by granting a commission which shall expire, unless such appointment is confirmed, at the end of the next session of the legislature.  The person so appointed shall not be eligible for another interim appointment to such office if the appointment failed to be confirmed by both the house of representatives and the senate.

No person who has been nominated for appointment to any office and whose appointment has not received the consent of both the house of representatives and senate shall be eligible to an interim appointment thereafter to such office."

    SECTION 3.  Article 10, section 3, of the Constitution of the State of Hawaii is repealed.

     ["POWER OF THE BOARD OF EDUCATION

Section 3.  The 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."]

     SECTION 4.  The question to be printed on the ballot shall be as follows:

    "Shall the members of the Board of Education and the Superintendent of Education be appointed by the Governor upon the advice and consent of both the House of Representatives and the Senate of the State of Hawaii?" 

     SECTION 5.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 6.  This amendment shall take effect upon compliance with article XVII, section 3, of the Hawaii Constitution.

INTRODUCED BY:

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Report Title:

Constitutional Amendment; Education

Description:

Proposes a constitutional amendment to Article X, Sections 2 and 3, of the Hawaii Constitution to allow the Governor to appoint the members of the Board of Education and the Superintendent of Education upon the advice and consent of both the State House of Representatives and the Senate.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.