Bill Text: HI HB1119 | 2023 | Regular Session | Introduced
Bill Title: Proposing Amendments To The Constitution Of The State Of Hawaii Relating To Elected County School Boards.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-01-30 - Referred to EDN, JHA, FIN, referral sheet 3 [HB1119 Detail]
Download: Hawaii-2023-HB1119-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1119 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Proposing amendments to the constitution of the state of Hawaii relating to elected county school boards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds Hawaii is the only state in the nation where a single department of education and a single statewide board run all public schools in the state. All other states have school systems broken down into districts within the state, each with their own separate board of education. Hawaii's centralized school board and school system is unlike any other state.
The legislature finds that a centralized school system comes with several drawbacks. For example, every public school, regardless of the differences between them, are required to follow the same set of state regulations and guidelines as it relates to education. This system also leaves little room for flexibility in introducing new teaching approaches, or in trying new instructional programming.
The legislature finds that entrusting the governance of public schools to citizens elected by their respective communities to oversee their school districts is imperative to a well-functioning school system in the state. With this system in place, elected board members can address the unique education-related needs of their respective counties for better tailored improvements in public education.
The purpose of this Act is to amend the Constitution of the State of Hawaii to provide for a local school board in each county that is populated with elected board members, in place of the current Board of Education.
SECTION 2. Article X of the Constitution of the State of Hawaii is amended by adding two new sections to be designated and to read as follows:
"LOCAL
SCHOOL BOARDS
Section .
Public education in the State shall be provided through a
decentralized system of independent school districts with schools required to
follow and satisfy statewide student performance standards, as provided by law.
There shall be four local school boards, one for each county, to oversee their respective school complex areas. Members of each local school board shall be elected by voters who reside in that county, as provided by law. Each local school board shall:
(1) Formulate county-wide educational policies;
(2) Select principals to manage the schools in the county;
(3) Authorize the principal of each school to make the decisions that affect student performance, educational quality, and use of resources;
(4) Evaluate the principals managing schools in the local school board's county;
(5) Administer programs that the
schools are not able to administer alone; and
(6) Establish an
open system that allows, to the extent practicable given each school's
resources and capacity, the parents, guardians, and caretakers of each public
school student to select the school that the student will attend.
EDUCATION STANDARDS AND
ACCOUNTABILITY COMMISSION
Section .
There shall be an education standards and accountability commission,
as provided by law, to:
(1) Establish and maintain rigorous academic and data-reporting standards that apply
to all school complex areas within the statewide public education system;
(2)
Ensure that the school complex areas operate in an open manner;
(3)
Publish annual report cards on each school complex area's financial
management and overall performance;
(4)
Ensure that all state and federal mandates are fulfilled;
(5)
Establish a formula for distributing general funds for school
operations to all public schools based on the number and needs of students
enrolled at each school;
(6)
Establish a formula for the distribution of capital improvement
project funds to the school complex areas; and
(7)
Administer programs that the school complex areas cannot administer
alone.
The legislature
shall appropriate all general funds for school operations in a single amount to
the education standards and accountability commission.
The legislature
shall appropriate all capital improvement project funds for school capital
improvement projects in a single amount to the education standards and
accountability commission."
SECTION 3. Article XVI, section 4, of the Constitution of the State of Hawaii is amended to read as follows:
"OATH
OF OFFICE
Section
4. All eligible public officers, before entering upon the
duties of their respective offices, shall take and subscribe to the following
oath or affirmation: "I do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States, and the Constitution
of the State of Hawaii, and that I will faithfully discharge my duties as
............. to the best of my ability." As used in this section,
"eligible public officers" means the governor, the lieutenant
governor, the members of both houses of the legislature, the members of the [board
of education,] county school boards, the members of the
national guard, State or county employees who possess police powers, district
court judges, and all those whose appointment requires the consent of the
senate."
SECTION 4. Article X, section 2 and 3, of the Constitution of the State of Hawaii are repealed.
["BOARD
OF EDUCATION
Section 2. There shall be a board of education. The governor shall nominate and, by and with
the advice and consent of the senate, appoint the members of the board of
education, as provided by law.
POWER
OF THE BOARD OF EDUCATION
Section 3. The board of education shall have the power,
as provided by law, to formulate statewide educational policy and appoint the
superintendent of education as the chief executive officer of the public school
system."]
SECTION 5. Article XVIII, section 7, of the Constitution of the State of Hawaii, is repealed.
["1978 BOARD OF EDUCATION ELECTIONS
Section 7. Members elected to the board of education in
the 1978 general election shall serve for two-year terms."]
SECTION 6. The question to be printed on the ballot shall be as follows:
"Shall the statewide appointed board of education be abolished and replace with four elected county school boards?"
SECTION 7. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 8. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii; provided that, subject to ratification, section 4 shall take effect on July 1, 2026.
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INTRODUCED BY: |
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Report Title:
Constitutional Amendment; Public Education; Elected County School Boards
Description:
Proposes a constitutional amendment that would: (1) establish county school boards throughout the State to be elected as provided by law; and (2) create an educational standards and accountability commission.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
