THE SENATE

S.B. NO.

2124

TWENTY-FIFTH LEGISLATURE, 2010

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAII HURRICANE RELIEF FUND.

 

 

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

 

     SECTION 1.  The legislature finds that reductions and restrictions to the department of education's operating budget of over $49,000,000 for the 2009-2010 fiscal year and over $226,000,000 for the 2010-2011 fiscal year have resulted in the scheduled loss of seventeen instructional days for ten-month non-charter public school students and twenty-one instructional days for twelve-month non-charter public school students during the 2009-2010 school year and the same number of lost instructional days during the 2010-2011 school year.  Charter schools also sustained a reduction of $3,791,952 and responded through the use of facilities funds, reductions in services, and staff reductions.  The legislature further finds that if nothing is done to prevent the loss of these instructional days, Hawaii will become the state with the fewest number of instructional days in a school year.  The State has received much criticism for responding to budget shortfalls in a manner that decreases learning opportunities and quality instructional time for students.  On a national level, the United States Secretary of Education has strongly criticized the decision to decrease instructional days, especially since Hawaii is scheduled to receive approximately $500,000,000 from the federal American Recovery and Reinvestment Act, part of which is intended to avoid significant cuts to education and advance school reform.  The Secretary has also indicated that the loss of instructional days has weakened the State's competitiveness for additional federal education grants.  For these reasons, the legislature finds that the loss of instructional days for Hawaii's students is a short-sighted solution that will have detrimental long-term effects on Hawaii's students, reputation, and future.

     Despite the great need for additional resources in many areas that would benefit the public, the legislature finds that providing a quality education for Hawaii's students is an overriding state priority with far-reaching effects on the prosperity, health, and growth of local communities and that ensuring adequate resources for education reflects a commitment and investment toward that priority.  The legislature finds that an appropriation of Hawaii hurricane relief funds is necessary to maintain an essential level of programs and resources to provide Hawaii's students with a quality education.

     The legislature declares that the appropriation made under this Act shall not be construed to mean that the legislature, in any way, intends to interfere with the processes of public sector collective bargaining as authorized under the state constitution and chapter 89, Hawaii Revised Statutes.

     The purpose of this Act is to appropriate $36,000,000 in Hawaii hurricane relief funds to restore all remaining lost instructional days for the 2009-2010 school year that have been negotiated pursuant to the collective bargaining process established under chapter 89, Hawaii Revised Statutes, and of the $36,000,000, a proportionate amount on a per-pupil basis to alleviate the impact of reductions to charter schools for the 2009-2010 school year.

     SECTION 2.  Notwithstanding provisions of chapter 431P, Hawaii Revised Statutes, to the contrary, there is appropriated out of the Hawaii hurricane relief fund the sum of $36,000,000 or so much thereof as may be necessary for fiscal year 2009-2010 to restore all remaining lost instructional days for the 2009-2010 school year that have been negotiated pursuant to the collective bargaining process established under chapter 89, Hawaii Revised Statutes; provided that the funds appropriated by this Act shall only be released upon the completion of all negotiations of parties necessary to execute the restoration of instructional days pursuant to the collective bargaining process established under chapter 89, Hawaii Revised Statutes; provided further that of the sum appropriated, an equivalent per-pupil amount, multiplied by the number of students enrolled in charter schools during the 2009-2010 school year, shall be allocated to charter schools to alleviate the impact of funding reductions for the 2009-2010 fiscal year.

     The sum appropriated shall be expended by the department of education and the charter school administrative office, respectively, for the purposes of this Act.

     SECTION 3.  Any unexpended or unencumbered balance of the appropriation made by this Act as of the close of business on June 30, 2011 shall lapse to the credit of the Hawaii hurricane relief fund.

     SECTION 4.  This Act shall take effect upon its approval.

 

 

 

Report Title:

Restoration of Instructional Days; Hawaii Hurricane Relief Fund; Appropriation

 

Description:

Makes an appropriation from the Hawaii hurricane relief fund to restore all remaining lost instructional days for the 2009-2010 school year; provided that the moneys shall only be released upon completion of negotiations of parties necessary to execute the restoration of instructional days.  Allocates a proportionate amount of the appropriation to charter schools.  (SD1)

 

 

 

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