THE SENATE	S.B. NO.	2948
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE SUPERINTENDENT OF EDUCATION.

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

     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302A-   Superintendent of education; appointment. (a)  The superintendent of education shall be nominated and, by and with the advice and consent of the senate, appointed by the governor from a list of three nominees submitted by the board of education.

(b)  The superintendent may be appointed:

(1) Without regard to the state residency provisions of section 78-1(b); and

(2) For a term of up to four years."

     SECTION 2.  Section 302A-1101, Hawaii Revised Statutes, is amended by amending the title and subsections (a) and (b) to read as follows:

     "§302A-1101  Department of education; board of education[; superintendent of education].  (a)  There shall be a principal executive department to be known as the department of education, which shall be headed by an elected policy-making board to be known as the board of education.  The board shall have power in accordance with law to formulate statewide educational policy, adopt student performance standards and assessment models, and monitor school success[, and to appoint the superintendent of education as the chief executive officer of the public school system].

     (b)  The board [shall appoint, and] may remove[,] the superintendent by a majority vote of its members.  The superintendent[:

(1)  May be appointed without regard to the state residency provisions of section 78-1(b);

(2)  May be appointed for a term of up to four years; and

(3)  May] may be terminated only for cause."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon the ratification of a constitutional amendment to Article X, section 3, of the Constitution of the State of Hawaii that repeals the

board of education's power to appoint the superintendent of education.

INTRODUCED BY:

_____________________________

Report Title:

Superintendent of Education; Appointment

Description:

Provides that the superintendent of education shall be appointed by the governor subject to senate confirmation from a list of three nominees submitted by the board of education.

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