SB1070.DOC

SECTION 1. Section 304A-1301, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-1301[]] Hawaiian language university and Hawaiian language college; establishment. (a) There shall be a Hawaiian language university and Hawaiian language college [at] sharing courses, facilities, students, administrators, faculty, and other resources with the University of Hawaii at Hilo[~~. The college shall provide a Hawaiian liberal education program providing education primarily through the Hawaiian language.~~], as appropriate and as determined by the faculty senate of the Hawaiian language university, in order to build upon a shared bilingual identity.

(b) The Hawaiian language university and Hawaiian language college shall:

(1) Be administered using the Hawaiian language;

(2) Operate throughout the entire year; and

(3) Have the power to offer any state educational program.

Courses offered by the Hawaiian language university and Hawaiian language college shall be conducted primarily in the Hawaiian language and be offered throughout the world."

SECTION 2. Section 304A-1302, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-1302[]] Functions. In addition to providing a quality education primarily through the medium of the Hawaiian language, the Hawaiian language university and Hawaiian language college shall:

(1) Provide an indigenous and minority language outreach program to involve indigenous and minority language scholars and to maintain and develop the program's Polynesian language database;

(2) Provide a Hawaiian medium teacher training program, including an indigenous language medium education foundational degree incorporating Nawahiokalani‘opu‘u school and other schools, as appropriate, as laboratory schools; [~~and~~]

(3) Maintain a Hawaiian language support center with educational specialists in the areas of research, curriculum development, test development, dictionary and other reference materials development, language development, archival work, and educational technology[.];

(4) Serve as the sole provider of Hawaiian, indigenous, and minority language and culture instruction, programs, and degrees for the University of Hawaii at Hilo, including linguistics, Hawaiian and indigenous sustainability, and Hawaiian and indigenous leadership programs, as well as other related courses and programs based upon a Hawaiian or indigenous perspective;

(5) Develop, pilot, and disseminate distinctive pathways, procedures, and rules that provide for the support and use of endangered indigenous languages as the official languages in all aspects of government; and

(6) Beginning July 1, 2011, administer and operate on a pilot program basis as the Hawaiian language medium education agency for the department of education, using the laboratory school program at the Nawahiokalani'opu'u campus and other sites as appropriate, and which administration and operation shall include publicly funded preschools for children who have reached forty months of age by the second week prior to the official start of the classes that they shall attend."

SECTION 3. An initial task of the Hawaiian language university and Hawaiian language college shall be to remedy basic gaps in the undergraduate level of education in the Hawaiian language, including providing an associate in arts degree in the medium of the Hawaiian language and providing preschool teachers with qualifications in teaching through the medium of the Hawaiian language.

SECTION 4. Not later than the end of the academic year 2011-2012, the president of the faculty senate of the Hawaiian language university and Hawaiian language college and the chancellor of the University of Hawaii at Hilo shall adopt a memorandum of understanding that includes the details of shared operations and administration and a time frame and procedure for regularly amending the memorandum.

SECTION 5. All rights, powers, functions, and duties of the Hawaiian language college are transferred to the Hawaiian language university and Hawaiian language college.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaiian language college relating to the functions transferred to the Hawaiian language university and Hawaiian language college shall be transferred with the functions to which they relate.

SECTION 7. All offices, buildings, real property, and other resources of the Hawaiian language college, including building sites and construction funds shall be transferred to the Hawaiian language university and Hawaiian language college.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1070
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII