SB190.DOC

THE SENATE	S.B. NO.	190
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

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

SECTION 1. During the 2010 regular session, the legislature established a mandatory minimum number of student instructional days and hours per school year for elementary and secondary schools, except charter schools, beginning with the 2011-2012 school year. The legislature finds that the application of these instructional time requirements to multi-track schools would create undue hardship on the students, parents, and staff at these schools. For example, to implement this mandate, multi-track schools may need to eliminate common winter breaks or hold classes on Saturdays.

The purpose of this Act is to establish a minimum instructional time requirement that is applicable only to public multi-track schools.

SECTION 2. Section 302A-251, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-251[]] School year; instructional time. (a) Notwithstanding any other law to the contrary, for the 2011-2013 school years, all public schools, except charter schools[,] and multi-track schools, shall implement a school year of one hundred eighty days, excluding professional development days and other non-instructional days negotiated pursuant to chapter 89, that shall include:

(1) Nine hundred fifteen student instructional hours for the elementary school grades; and

(2) Nine hundred ninety student instructional hours for the secondary school grades.

(b) Notwithstanding any other law to the contrary, for the 2013-2015 school years, all public schools, except charter schools[,] and multi-track schools, shall implement a school year of one hundred eighty days, excluding professional development days and other non-instructional days negotiated pursuant to chapter 89, that shall include one thousand eighty student instructional hours for both elementary and secondary school grades.

(c) Beginning with the 2011-2012 school year, all public multi-track schools shall implement a school year of no less than one hundred seventy-one days, excluding professional development days and other non-instructional days negotiated pursuant to chapter 89, that shall include one thousand eighty student instructional hours for both elementary and secondary school grades.

[~~(c)~~] (d) For purposes of this section, "student instructional hours" means student learning time during which students are engaged in learning activities including regularly-scheduled instruction and learning assessments within the curriculum, and does not include lunch, recess, or passing time."

SECTION 3. Act 167, Session Laws of Hawaii 2010, is amended by amending section 4 to read as follows:

"SECTION 4. The department of education shall, with the board of education and office of the governor, and in consultation with representatives of the affected collective bargaining units, submit to the legislature, no later than twenty days prior to the convening of the regular session of 2012, a plan to implement a school year of one hundred ninety days, excluding professional development days and other non‑instructional days negotiated pursuant to chapter 89, Hawaii Revised Statutes, that shall include one thousand one hundred forty student instructional hours for both elementary and secondary school grades at all public schools, except charter schools[,] and multi-track schools, for school years beginning with the 2015-2016 school year. For purposes of this section, "student instructional hours" shall have the same meaning as in section 302A-251, Hawaii Revised Statutes."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________