SB2240.DOC

SECTION 1. The legislature finds that the furlough days negotiated for the 2009-2010 and 2010-2011 school years are an unacceptable solution to the budgetary shortfall. Although other states face similar or worse budgetary situations, Hawaii has become the state with the fewest number of days of classroom instruction as a result of the furloughs. The legislature finds that the establishment of a mandatory minimum number of days of classroom instruction per school year, which many states have already implemented, and a mandatory minimum number of hours of instructional time per school day would be beneficial in raising the standard of quality for education and would reflect a commitment to quality education for Hawaii's children.

The legislature further finds that in light of the State's fiscal condition and the resulting teacher furloughs, concerns and questions about the management of the state and complex area administration of the department of education and the organization of the department of education warrant a management audit of the state and complex area administration of the department of education.

The purpose of this Act is to require all public schools to implement a minimum of one hundred eighty days of classroom instruction per school year, where each school day consists of at least seven hours of instructional time, and to appropriate funds for a management audit of the state and complex area administration of the department of education.

SECTION 2. Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§89- Minimum number of classroom instructional days and instructional hours. Notwithstanding any other law to the contrary, beginning with the 2011-2012 school year, no collective bargaining agreement shall contain provisions that would:

(1) Shorten the school year for public school employees to less than one hundred eighty days of classroom instruction per school year; or

(2) Shorten the school day for public school employees to include less than seven hours of instructional time for students."

SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Minimum number of classroom instructional days and hours; public schools. Notwithstanding any other law to the contrary, beginning with the 2011-2012 school year, all public schools, including charter schools, shall implement a school calendar that provides not less than one hundred eighty days of classroom instruction per school year, where each school day consists of at least seven hours of instructional time. The one hundred eighty days of classroom instruction shall not include state holidays provided by law, professional development days, and other non-instructional days negotiated pursuant to chapter 89."

SECTION 4. Chapter 302B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302B- Minimum number of classroom instructional days and hours; charter schools. Notwithstanding any other law to the contrary, beginning with the 2011-2012 school year, all charter schools shall implement a school calendar that provides not less than one hundred eighty days of classroom instruction per school year, where each school day consists of at least seven hours of instructional time. The one hundred eighty days of classroom instruction shall not include state holidays provided by law, professional development days, and other non-instructional days negotiated pursuant to chapter 89 or section 302B‑9."

SECTION 5. The state auditor shall conduct a management audit of the department of education's state and complex area administration to make findings and recommendations including but not limited to the following:

(1) The appropriate level of resources to be allocated to the department of education's state and complex area administration;

(2) A more appropriate organizational structure to minimize the costs of the department of education's operations and maximize the department of education's efficiency in providing students with a quality education; and

(3) Possible functions and responsibilities that may be reallocated among complex areas or between state administration and complex area administration.

SECTION 6. The auditor shall submit to the legislature findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2011.

SECTION 7. 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 2010-2011 for purposes of sections 5 and 6 of this Act.

The sum appropriated shall be expended by the state auditor for the purposes of this Act.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval; provided that section 7 shall take effect on July 1, 2010.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2240
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII