SB2436.DOC

THE SENATE	S.B. NO.	2436
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to education.

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

SECTION 1. This Act is recommended by the governor for immediate passage in accordance with section 9 of article VII of the Constitution of the State of Hawaii.

SECTION 2. The legislature finds that reductions and restrictions to the department of education's operating budget of over $49 million for the 2009-2010 fiscal year and over $226 million for the 2010-2011 fiscal year have resulted in the 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. 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. According to the department of education, it costs approximately $6,600,000 per day to run Hawaii's public schools. To meet this fiscal need, the legislature finds that an appropriation of Hawaii hurricane relief and emergency and budget reserve 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 $ in Hawaii hurricane relief funds and emergency and budget reserve funds to restore as many instructional days during the 2009-2010 school year as possible.

SECTION 3. Notwithstanding provisions of chapter 431P, Hawaii Revised Statutes, to the contrary, there is appropriated out of the Hawaii hurricane relief fund the sum of $ or so much thereof as may be necessary for fiscal year 2009-2010 to restore as many instructional days during the 2009-2010 school year as possible.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 4. Any unexpended or unencumbered balance of the appropriation made by section 3 of this Act as of the close of business on June 30, 2011, shall lapse to the credit of the Hawaii hurricane relief fund.

SECTION 5. For purposes of this Act, section 328L-3(e)(3), Hawaii Revised Statutes, shall be suspended beginning on the effective date of this Act and ending at the close of business on June 30, 2011.

SECTION 6. Notwithstanding section 328L-3(e)(3), Hawaii Revised Statutes, there is appropriated out of the emergency and budget reserve fund of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2009-2010 to restore as many instructional days during the 2009-2010 school year as possible.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 7. Any unexpended or unencumbered balance of the appropriation made by section 6 of this Act as of the close of business on June 30, 2011, shall lapse to the credit of the emergency and budget reserve fund.

SECTION 8. The sums appropriated under sections 3 and 6 of this Act shall not be used to supplant funding authorized prior to July 1, 2008.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________