Bill Text: HI HB1362 | 2021 | Regular Session | Amended
Bill Title: Relating To Access To Learning.
Spectrum: Partisan Bill (Democrat 27-0)
Status: (Passed) 2021-07-07 - Act 210, on 07/06/2021 (Gov. Msg. No. 1338). [HB1362 Detail]
Download: Hawaii-2021-HB1362-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1362 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO ACCESS TO LEARNING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to:
(1) Establish the Hawaii early childhood educator stipend program; and
(2) Clarify and make adjustments to Act 46, Session Laws of Hawaii 2020, to reflect the current situation brought upon by the coronavirus 2019 pandemic and improve assessment of the longitudinal education and workforce outcomes of students who were provided with early childhood services.
SECTION 2. Chapter 302L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302L- Hawaii
early childhood educator stipend program. (a) There is established the Hawaii early childhood
educator stipend program to be administered by the office to address the shortage
of early childhood educators who have coursework in early childhood education.
(b) An
individual shall be eligible for stipend consideration if the individual:
(1) Is enrolled at a
University of Hawaii campus or in a University of Hawaii program and qualifies for
Hawaii resident tuition; and
(2) Is enrolled in a
certificate, degree, or license program in early childhood education, including
those in the Hawaiian language medium, which includes courses required for the respective
program of study, within the University of Hawaii system.
(c) Immediately
following completion of a certificate, degree, or license program pursuant to subsection
(b), stipend recipients shall provide early care and education services directly
to children from birth through five years of age for at least two consecutive years
in one of the early learning systems described in section 302L-2, including Hawaiian
language medium and Hawaiian immersion settings and early learning settings at charter
schools.
(d) If
the recipient fails to complete a certificate, degree, or license program pursuant
to subsection (b), or to satisfy the work requirements of subsection (c), stipend
funds shall be repaid as follows:
(1) For each year less
than the designated number of years that a stipend recipient does not meet the work
requirements of subsection (c), the recipient shall repay a proportionate percentage
of the total stipend funds received; and
(2) The repayment shall
be subject to the terms and conditions set by the office for stipend repayment,
including circumstances under which recipients may be eligible for deferment or
forgiveness due to hardship or inability to secure employment, as well as potential
for fees for the collection of delinquent repayment.
Stipend funds repaid by a stipend recipient pursuant
to this subsection shall be deposited into the early learning special fund established
pursuant to section 302L-5.
(e) In
accordance with chapter 103D, the office may enter into written contracts with collection
agencies to collect delinquent repayment of stipends owed to the office pursuant
to subsection (d). A collection agency that
enters into a written contract with the office to collect delinquent stipend repayments
pursuant to this section may collect a fee from the debtor in accordance with the
terms of, and up to the amounts authorized in, the written contract.
(f) The
office may adopt rules pursuant to chapter 91 to implement and administer the stipend
program, including the terms of repayment pursuant to subsection (d)."
SECTION 3. Section 26-12, Hawaii Revised Statutes, is amended to read as follows:
"§26-12 Department of education. The department of education shall be headed by an executive board to be known as the board of education.
Under policies established by the
board, the superintendent shall administer programs of education and public
instruction throughout the State, including education at the primary and
secondary school levels, adult education, school library services, health
education and instruction (not including dental health treatment transferred to
the department of health), special education and Title I funded programs at the
prekindergarten level, and such other programs as may be established by law;
provided that the department shall not establish general education
prekindergarten classrooms, [including private partnership-funded classrooms]
and classrooms to provide general education settings for children whose
individualized education programs require such placement; provided further that
the department may establish Title I-funded prekindergarten classrooms. The department shall collaborate with the
executive office on early learning to coordinate services for children who are
placed through their individualized education programs in a general education
prekindergarten setting in a classroom offered by the executive office on early
learning public prekindergarten program.
Under policies
established by the early learning board, the executive office on early learning
shall have administrative authority over all state-funded prekindergarten programs,
and private partnership-funded prekindergarten programs in the public schools,
except for special education and Title I-funded prekindergarten programs. The state librarian, under policies
established by the board of education, shall be responsible for the
administration of programs relating to public library services and transcribing
services for the blind.
The
functions and authority exercised by the department relating to state-funded
prekindergarten programs, [private partnership-funded prekindergarten
programs in the public schools,] and classrooms to provide general
education settings for children whose individualized education programs require
such placement, except for special education and Title I-funded prekindergarten
programs, shall be transferred to the executive office on early learning;
provided that the department shall continue to provide, and have administrative
authority over, services generally provided to the schools excluding those
services related to curriculum, instruction, assessment, and professional
learning support, for any facility on a department school campus at which the
executive office on early learning administers programs.
The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.
The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.
The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.
Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services, the board of education may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.
Notwithstanding any law to the
contrary, the board of education may establish, specify the membership number
and quorum requirements for, appoint members to, and disestablish a commission
in each county to be known as the library advisory commission, which shall in
each case sit in an advisory capacity to the board of education on matters
relating to public library services in their respective county."
SECTION 4. Section 302A-411, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
SECTION 5. Section 302A-1132, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Beginning with the [2014-2015] 2024
school year, any parent, guardian, or other person having the responsibility
for, or care of, a child who will be at least five years of age on or before [July
31] December 31 of the school year shall enroll the child in a public
school kindergarten unless the child is enrolled at a private school or the
child's attendance is otherwise exempt under this section."
SECTION 6. Section 302D-39, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302D-39[]] Public early learning
and preschool programs; administrative authority. (a) The commission shall have administrative
authority over all state-funded early learning programs and private partnership-funded
preschool programs in public charter schools except for special education and
Title I-funded prekindergarten programs.
(b) The early learning
programs in charter schools shall enroll no more than a maximum of twenty children per classroom who
are three- or four-years-old on or before July 31 of
the school year, as aligned with the department's kindergarten age entry requirements.
(c) Subject to the availability of funding, the commission shall implement an application process
for schools to establish an early learning program.
(d) Each early learning program and preschool program shall meet the following requirements:
(1) The availability of a classroom and outdoor play area that meet department of human services requirements for the health and safety of three- and four-year-old children and is exempt from section 346-161 as a public preschool provider;
(2) The commitment
of the principal to implementing an early learning program, including
through active participation in professional development sessions offered through
the commission, and promoting continuity and alignment between and across other
early learning programs in the community and other grade levels in the school
to ensure the positive outcomes of children are sustained;
(3) The inclusion of students
with disabilities based on individualized education program placement; provided that:
(A) The in-classroom ratio of students with disabilities shall be
based on the inclusion of children with disabilities in proportion to the general
population of the school;
(B) Subparagraph (A) does not anticipate or permit imposing caps or quotas on the number of children with disabilities in a program or not individualizing services for children with disabilities under the Individuals with Disabilities Education Act of 2004 (20 U.S.C. 1400 et seq., as amended);
(C) The department shall collaborate with the charter school to coordinate services for students with disabilities who are placed in the classroom offered through the program; and
(D) Funding for all costs associated with the implementation of the individualized education program of students shall be provided through the department;
(4) Enrollment in the program shall be free and voluntary;
(5) The enrollment shall not exceed
twenty children per classroom; and
(6) The incorporation of standards
that are research-based and developmentally-appropriate practices associated
with improved educational outcomes for children, such as:
(A) Positive teacher-child interactions that shall be evaluated through observations conducted by the commission using a research-based tool at least twice a year, for the purposes of professional development; provided that the observations shall not be used for the purposes of teacher evaluation;
(B) The early learning environment
shall be assessed using a tool that measures its effectiveness and shall be
conducted at least two times per school year by a certified observer who is
employed or contracted by the commission; provided that the teaching staff shall use the assessment data
and feedback to improve the quality of the learning environment; provided further
that observations shall be used for the purposes of professional development
and shall not be used for the purposes of teacher evaluation;
(C) Use of individual child
formative assessments that are used for ongoing planning relating to all areas
of child development and learning including cognitive, linguistic, social emotional
approaches to learning, and health and physical development;
(D) Family engagement in partnership
with charter schools, including conducting outreach for enrollment and
engagement of families in their children's education in recognition of families' role as their child's first and most
important teacher;
(E) Alignment with the Hawaii
early learning and development standards, department standards, state content
and performance standards, and general learner outcomes for grades kindergarten
to twelve to facilitate a seamless educational experience for children;
(F) Requirements
that any teacher shall have coursework in early childhood education pursuant to
Hawaii teacher standards board licensing requirements for a prekindergarten teacher
or be enrolled in a state-approved teacher education program and be working toward
satisfying the Hawaii teacher standards board licensing requirements; and
(G) Requirements
that any educational assistant has a current child development associate credential,
coursework for a certificate that meets the requirements for child development
associate credential preparation, or be enrolled in and working toward completing
a program that prepares the individual to obtain the credential.
(e) The
commission shall monitor the implementation of the educational experience for children.
(f) The
commission shall provide support to incorporate the standards developed pursuant
to subsection (d), including support related to teacher-child interactions, early
childhood learning environment, individual child assessments, and family engagement.
(g) Teaching
staff participating in a program established pursuant to this section shall participate
in coaching and mentoring and professional development opportunities offered through
the commission; provided that the commission shall cover the associated travel
and substitute teacher costs, contingent upon funding availability. The commission may extend this support, excluding
travel and substitute teacher costs, to individuals who are not participating
in the program to promote alignment between all grade levels, programs, and settings.
(h) School
leaders shall attend professional development sessions related to P-3 (preschool
to grade three) alignment offered through the commission. The commission shall cover the costs
associated with travel
and substitute teacher expenditures, contingent upon the availability of funding. The commission may extend this support,
excluding travel and substitute teacher costs, to individuals who are not
participating in the program to promote alignment between all grade levels, programs,
and settings.
(i) The
commission shall work with each charter school to develop and annually update a
written three-year plan that promotes, within the school and community,
alignment of and transitions between learning experiences, and report on the progress
made toward the plan by the end of the school year.
(j) The
commission shall coordinate with other agencies and programs to facilitate comprehensive
services for early learning.
(k) The
commission shall promote the development of a cohesive, comprehensive, and
sustainable early learning system. The commission
shall coordinate with other early learning providers, including those providing
the programs and services, to promote alignment between prekindergarten and elementary
school programs and to support children and their families in making successful
transitions from prekindergarten into kindergarten.
(l) Each early learning program and preschool
program may use available
classrooms for public preschool programs statewide.
[(l)] (m) The commission shall adopt rules pursuant to
chapter 91 for the purpose of this section.
[(m)] (n) The commission shall submit a report to the
legislature no later than twenty days prior to the convening of each regular session
regarding state-funded early learning programs in charter schools. The report shall include, as related to each
type of program:
(1) The number and location of classrooms;
(2) Sources of funding for
each classroom;
(3) Aggregated
data reflecting the quality
of teacher-child interactions relating to emotional support, classroom
organization, and instructional support;
(4) Aggregated
data reflecting the quality
of the early learning environment and the teacher-child interactions that
maximize the learning opportunities of the environment; and
(5) Aggregated student outcomes related to all
areas of child development and learning, including cognitive, linguistic,
social and emotional approaches to learning and health and physical development,
as assessed using a formative assessment tool selected or approved by the commission.
This reported data shall be compiled from the previously state‑funded school year."
SECTION 7. Section 302L-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established within the state treasury the early learning special fund, to be administered by the executive office on early learning, into which shall be deposited all moneys received by the office in the form of:
(1) Repayments
made from the Hawaii early childhood educator stipend program pursuant to section 302L‑ (d);
[(1)] (2)
Fees;
[(2)] (3)
Grants;
[(3)] (4)
Donations;
[(4)] (5)
Appropriations made by the legislature
to the fund; and
[(5)] (6)
Revenues regardless of their source,
and
earnings on moneys in the fund. Moneys in
the fund shall be used for the early learning system. Expenditures from the fund may be made by the
office without appropriation or allotment."
SECTION 8. Section 302L-7, Hawaii Revised Statutes, is amended by amending subsections (o) and (p) to read as follows:
"(o) The office shall collect data with assistance
from the department of [education,] education and state public charter
school commission, based on a schedule to be determined by the office, to:
(1) Evaluate the services provided;
(2) Inform policy; and
(3) Make any improvements to the program.
(p)
The department of education and any state public charter school commission
that exists pursuant to chapter 302D may use available classrooms for
public preschool programs statewide. The
office shall give priority to public charter schools that serve high
populations of underserved or at-risk children. Preschool classrooms established pursuant to
this section shall be in addition to any classrooms used for the pre‑plus
program established pursuant to section 302L-1.7."
SECTION 9. Section 346-181, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) Subject to the availability of funds, the program
shall serve [three- and] four-year-old children [who are in the two
years prior to kindergarten entry pursuant to section 302A‑411], with
priority extended [in the following order to any:] to:
(1) Children who
are not eligible to attend public school kindergarten in the calendar year in
which they turn five years of age because their birth date occurs after the
kindergarten eligibility date pursuant to section 302A-411; and
(2) Underserved
or at-risk [four-year-old child who was previously served as a
three-year-old child,] children, as defined by rules adopted by the
department[;
(2) Four-year-old
child who was previously served as a three-year-old child;
(3) Four-year-old
child;
(4) Underserved or
at-risk three-year-old child, as defined by rules adopted by the department;
and
(5) Three-year-old
child].
(c) Enrollment in the program shall be
voluntary. A parent or guardian of a child enrolled in the program [may]
shall share in the costs of the program through a copayment according to
a sliding fee scale that is based on need pursuant to rules adopted by the
department."
SECTION 10. Section 346-184, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Each service provider of the preschool
open doors program shall be accredited or shall obtain accreditation within seven calendar years of first receiving
any funds from the preschool
open doors program; provided that any existing service provider unaccredited on
July 1, [2020,] 2022, shall commence the accreditation process no
later than July 1, [2022,] 2024, and obtain accreditation by July 1, [2027;]
2029; provided further that the director may grant to any service provider
one or more extensions to obtain accreditation on a case-by-case basis."
SECTION 11. Section 443B-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) This section shall not prohibit a collection
agency from collecting, or attempting to collect, from a debtor, a commission
authorized under a contract with the University of Hawaii, [or] a
contract with the department of taxation pursuant to sections 231-13 and 231-26[.],
or a contract with the executive office on early learning."
SECTION 12. Act 46, Session Laws of Hawaii 2020, is amended
as follows:
1. By
amending sections 2 and 3 to read:
"SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to subpart C of part IV to be appropriately designated and to read as follows:
"§302A-A Standardized assessment
for students entering kindergarten. (a)
The board of education shall adopt a [student assessment model
pursuant to section 302A-1101(a) to assess all students entering kindergarten.
(b)
Within the first thirty days of each school year, the department shall
assess all kindergarten students with the student assessment model; provided that
any assessment administered pursuant to this subsection shall be conducted in
either English or Hawaiian.]
kindergarten entry assessment, and the department of education shall administer
the kindergarten entry assessment.
(b) The
kindergarten entry assessment shall:
(1) Be administered within the first thirty days of each child's
admission into kindergarten;
(2) Be a uniform, statewide assessment; provided that
the assessment shall be conducted in English or Hawaiian;
(3) Cover all essential domains of school readiness,
including:
(A) Language
and literacy development;
(B) Cognition
and general knowledge;
(C) Approaches
to learning;
(D) Physical
well-being and motor development; and
(E) Social
and emotional development;
(4) Be used in conformance
with the recommendations of the National Research Council reports on early childhood;
and
(5) Be valid and reliable
for its intended purpose.
(c) Information
obtained from the kindergarten entry assessments shall be used to:
(1) Close the school
readiness gap at kindergarten entry;
(2) Inform instruction
in the early elementary school grades; and
(3) Inform parents of
their children's status and to involve parents in decisions regarding their children's
education.
[(c)] (d) The department shall share the information
gathered pursuant to this section with the department of human services, executive
office on early learning, and public charter school commission to the extent
not otherwise prohibited by administrative rule or law.
§302A-B Prior early learning programs attendance disclosure. (a) At least one parent or guardian of each child
entering kindergarten shall disclose to the department the name of, address of,
and duration of attendance at the early learning program that the child
attended during the previous academic year.
The department may also require the disclosure of any other information
not otherwise prohibited by law that would assist the department, the
department of human services, and the executive office on early learning in
developing, assessing, and implementing strategies to meet the early learning needs
of children in the State. The department
and the executive office on early learning shall use the information to assist
the executive office on early learning and department of human services in
determining the levels of prekindergarten attendance and need for child care in
geographic regions of the State and identify the highest priority regions
requiring prekindergarten programs and child care to meet the needs of unserved
or underserved eligible children.
(b) The department may include a request for the
information required by subsection (a) on a kindergarten enrollment form or any
other appropriate form.
(c) The
department shall share the information gathered pursuant to this section with
the department of human services, executive office on early learning, and public
charter school commission to the extent not otherwise prohibited by administrative
rule or law."
SECTION 3. Chapter 302D, Hawaii Revised Statutes, is
amended by adding three new sections to be appropriately designated and to read
as follows:
"§302D-A Standardized assessment
for students entering kindergarten. (a) The
commission shall adopt the [student assessment model] kindergarten
entry assessment adopted by the board pursuant to section 302A‑A(a)
to assess all charter school students entering kindergarten[.] within
the first thirty days of admission into kindergarten.
(b) [Within
the first thirty days of each school year, the commission shall ensure that all
charter school kindergarten students are assessed by public charter schools with
the student assessment model; provided that any assessment administered pursuant
to this subsection shall be conducted in either English or Hawaiian.] The commission may waive the requirements of
the uniform kindergarten entry assessment on a case-by-case basis.
(c) The
commission shall share the information gathered from public charter schools pursuant
to this section with the department, department of human services, and executive
office on early learning to the extent not otherwise prohibited by administrative
rule or law.
§302D-B Prior early learning programs attendance
disclosure. (a) At least one parent or
guardian of each child entering kindergarten shall disclose to the public
charter school at which the child is enrolled the name and address of the early
learning program that the child attended during the previous academic
year. Each public charter school shall provide
to the commission the information disclosed pursuant to this section. The commission may also require the disclosure
of any other information not otherwise prohibited by law that would assist the department,
the department of human services, and the executive office on early learning in
developing, assessing, and implementing strategies to meet the early learning
needs of children in the State. The commission
and the executive office on early learning shall use the information to assist
the department of human services and executive office on early learning in
determining the levels of prekindergarten attendance and need for child care in
geographic regions of the State and identify the highest priority regions
requiring prekindergarten programs and child care to meet the needs of unserved
or underserved eligible children and shall provide the information to the department
of human services.
(b) The
commission may include a request for the information required by subsection (a)
on a kindergarten enrollment form or any other appropriate form used at all public
charter schools.
(c) The
commission shall share the information gathered pursuant to this section with
the department, department of human services, and executive office on early learning
to the extent not otherwise prohibited by administrative rule or law.
§302D-C
Public early learning and preschool programs;
administrative authority. (a) The
commission shall have administrative authority over all state-funded early learning
programs and private partnership-funded preschool programs in public charter
schools except for special education and Title I‑funded prekindergarten
programs.
(b) The early learning
programs in charter schools shall enroll no more than a maximum of twenty children per classroom who
are three- or four-years-old on or before July 31 of
the school year, as aligned with the department's kindergarten age entry requirements.
(c) Subject to the availability of funding, the commission shall implement an application
process for schools to establish an early learning program.
(d) Each early learning program and preschool program shall meet the following requirements:
(1) The availability of a classroom and outdoor play area that meet department of human services requirements for the health and safety of three- and four-year-old children and is exempt from section 346-161 as a public preschool provider;
(2) The commitment
of the principal to implementing an early learning program, including
through active participation in professional development sessions offered through
the commission, and promoting continuity and alignment between and across other
early learning programs in the community and other grade levels in the school
to ensure the positive outcomes of children are sustained;
(3) The inclusion of students with
disabilities based on individualized education program placement; provided that:
(A) The in-classroom ratio of students with disabilities shall be
based on the inclusion of children with disabilities in proportion to the general
population of the school;
(B) Subparagraph (A) does not anticipate or permit imposing caps or quotas on the number of children with disabilities in a program or not individualizing services for children with disabilities under the Individuals with Disabilities Education Act of 2004 (20 U.S.C. 1400 et seq., as amended);
(C) The department shall collaborate with the charter school to coordinate services for students with disabilities who are placed in the classroom offered through the program; and
(D) Funding for all costs associated with the implementation of the individualized education program of students shall be provided through the department;
(4) Enrollment in the program shall be free and voluntary;
(5) The enrollment shall not exceed
twenty children per classroom; and
(6) The incorporation of standards
that are research-based and developmentally-appropriate practices associated
with improved educational outcomes for children, such as:
(A) Positive teacher-child interactions that shall be evaluated through observations conducted by the commission using a research-based tool at least twice a year, for the purposes of professional development; provided that the observations shall not be used for the purposes of teacher evaluation;
(B) The early learning
environment shall be assessed using a tool that measures its effectiveness and
shall be conducted at least two times per school year by a certified observer
who is employed or contracted by the commission; provided that the teaching staff shall use the assessment data
and feedback to improve the quality of the learning environment; provided further
that observations shall be used for the purposes of professional development and
shall not be used for the purposes of teacher evaluation;
(C) Use of individual child
formative assessments that are used for ongoing planning relating to all areas
of child development and learning including cognitive, linguistic, social emotional
approaches to learning, and health and physical development;
(D) Family engagement in partnership
with charter schools, including conducting outreach for enrollment and
engagement of families in their children's education in recognition of families' role as their child's first and most important
teacher;
(E) Alignment with the Hawaii
early learning and development standards, department standards, state content
and performance standards, and general learner outcomes for grades kindergarten
to twelve to facilitate a seamless educational experience for children;
(F) Requirements
that any teacher shall have coursework in early childhood education pursuant to
Hawaii teacher standards board licensing requirements for a prekindergarten teacher
or be enrolled in a state-approved teacher education program and be working toward
satisfying the Hawaii teacher standards board licensing requirements; and
(G) Requirements
that any educational assistant has a current child development associate credential,
coursework for a certificate that meets the requirements for child development
associate credential preparation, or be enrolled in and working toward completing
a program that prepares the individual to obtain the credential.
(e) The
commission shall monitor the implementation of the educational experience for
children.
(f) The
commission shall provide support to incorporate the standards developed pursuant
to subsection (d), including support related to teacher-child interactions, early
childhood learning environment, individual child assessments, and family
engagement.
(g) Teaching
staff participating in a program established pursuant to this section shall participate
in coaching and mentoring and professional development opportunities offered
through the commission; provided that the commission shall cover the associated
travel and substitute teacher costs, contingent upon funding
availability. The commission may extend this support, excluding
travel and substitute teacher costs, to individuals who are not participating
in the program to promote alignment between all grade levels, programs, and
settings.
(h) School
leaders shall attend professional development sessions related to P-3 (preschool
to grade three) alignment offered through the commission. The commission shall cover the costs
associated with travel
and substitute teacher expenditures, contingent upon the availability of funding. The commission may extend this support, excluding
travel and substitute teacher costs, to individuals who are not participating
in the program to promote alignment between all grade levels, programs, and
settings.
(i) The
commission shall work with each charter school to develop and annually update a
written three-year plan that promotes, within the school and community, alignment
of and transitions between learning experiences, and report on the progress
made toward the plan by the end of the school year.
(j) The
commission shall coordinate with other agencies and programs to facilitate comprehensive
services for early learning.
(k) The
commission shall promote the development of a cohesive, comprehensive, and sustainable
early learning system. The commission shall
coordinate with other early learning providers, including those providing the programs
and services, to promote alignment between prekindergarten and elementary
school programs and to support children and their families in making successful
transitions from prekindergarten into kindergarten.
(l) The
commission shall adopt rules pursuant to chapter 91 for the purpose of this
section.
(m) The
commission shall submit a report to the legislature no later than twenty days prior
to the convening of each regular session regarding state-funded early learning
programs in charter schools. The report shall
include, as related to each type of program:
(1) The number and location of classrooms;
(2) Sources of funding for each
classroom;
(3) Aggregated
data reflecting the quality
of teacher‑child interactions relating to emotional support, classroom
organization, and instructional support;
(4) Aggregated
data reflecting the quality
of the early learning environment and the teacher-child interactions that
maximize the learning opportunities of the environment; and
(5) Aggregated student outcomes related to all areas
of child development and learning, including cognitive, linguistic, social and
emotional approaches to learning and health and physical development, as
assessed using a formative assessment tool selected or approved by the commission.
This
reported data shall be
compiled from the previously state‑funded
school year.""
2. By amending
section 8 to read:
"SECTION 8. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:
"§346- Prior early learning program information.
(a) The department
shall establish or augment an existing database to collect and analyze information
it receives from the department of education pursuant to sections 302A-A and
302A-B and the state public charter school commission pursuant to sections
302D-A and 302D-B and any other information the department may collect on all children
in the State who are three to four years old and children who will not be at
least five years of age on or before July 31 of the current school year.
(b) To the extent not prohibited by administrative rule or law, the department, department of education, public charter school commission, and executive office on early learning shall share any information gathered pursuant to sections 302A-A, 302A-B, 302D‑A, and 302D-B with each other, along with any other information the department, department of education, or public charter school commission may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year.
(c) The Hawaii p-20 partnerships for
education may include, in the state longitudinal system, prior early learning program
information from the department, executive office on early learning, department
of education, Hawaii state public charter school commission, and department of health.
[(c)] (d) Any procurement executed pursuant to this section
shall be exempt from chapters 103D and 103F.""
3. By amending
sections 11, 12, and 13 to read:
"SECTION 11. There is appropriated out of federal funds
deposited in the state treasury the sum of $5,000,000 or so much thereof as may
be necessary for fiscal year 2020-2021 for the department of human
services to expand its information technology system for the purpose of
managing the information collected pursuant to this Act[.]; provided
that the funds appropriated by this section shall not lapse at end of the fiscal
year for which they are appropriated; provided further that all moneys from the
appropriation that are unencumbered as of June 30, 2023, shall lapse as of
that date.
The sum appropriated shall be
expended by the department of human services for the purposes of this Act.
SECTION 12. Chapter 26, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . Early learning
§26- Benchmarks; duties. (a)
The department of human services and the
executive office on early learning shall ensure access to learning through preschool
programs that meet or exceed the following benchmarks:
(1) Fifty per cent of all otherwise unserved children who are three to four years of age, or will not be at least five years of age on or before July 31 of the current school year, shall have access to enrollment in a preschool program by December 31, 2027; and
(2) One hundred per cent of all children who are three to four years of age, or will not be at least five years of age on or before July 31 of the current school year, shall have access to enrollment in a preschool program by December 31, 2032.
The department of human services and the executive office on early learning shall submit an annual report to the legislature, no later than August 31 of each year, on the progress toward achieving the benchmarks until all children who are three to four years of age, or will not be at least five years of age on or before July 31 of the current school year, are enrolled in a preschool program.
(b) The department of human services
and the executive office on early learning shall collaborate to identify the need for child care and early learning
in geographic regions of the State and consider using public facilities including
schools, libraries, and the university of Hawaii system as locations for child
care and early learning programs.
(c) The department of human
services [may create programs and private sector delivery systems that can
pose the essential information and policy questions, monitor the progress of the
implementation of this part, and generate timely detailed reports to the extent
allowable by law.] shall work jointly with the executive office on early
learning to monitor the progress of implementing the early care and education sector
programs. No later than twenty days prior
to the convening of the regular sessions of 2024, 2025, 2026, and 2027, the department
of human services and the executive office on early learning shall submit to the
legislature a joint report on the progress of implementing the early care and education
sector programs.
(d) The department of human services shall facilitate and support data sharing among public and private entities to the extent not otherwise prohibited by law or rule."
SECTION 13. Section 27-7, Hawaii Revised Statutes, is amended to read as follows:
"§27-7 Departmental data
sharing. (a) The department of education, the University
of Hawaii, the department of labor and industrial relations, the department of
human services, and other state agencies, as appropriate, shall share data through
the statewide longitudinal data system to support research and evaluation that will improve [educational
and workforce] outcomes [and meet the longitudinal data
requirements of the federal American Recovery and Reinvestment Act of 2009, as
amended.] throughout the
early education to workforce pipeline. The data to be shared shall be determined jointly
by the department of education, the University of Hawaii, the department of labor
and industrial relations, the department of human services, and other
state agencies, as appropriate, and shall be shared no less than annually.
(b) The department of education, the University of Hawaii, the department of labor and industrial relations, the department of human services, and other state agencies, as appropriate, shall share data in a manner that safeguards the confidentiality of student education records, as defined by the federal Family Educational Rights and Privacy Act, and workforce data, as provided by applicable federal and state laws, rules, and regulations.
(c) All
data shared by or with the department of human services, department of education,
public charter school authorizers, public charter schools, executive office on
early learning, and other entities as required by statute shall be subject to any
administrative rule regarding privacy adopted by the department or agency that
collected the data.
(d) The department of education, the University of
Hawaii, the department of labor and industrial relations, the department of human
services, and other state agencies, as appropriate, shall [establish a
data governance and access committee that meets on a quarterly basis to] partner
to collectively govern the statewide longitudinal data system and determine
protocols to:
(1) Prioritize analyses and research questions that will provide information to improve educational and workforce outcomes and policies; and
(2) Approve requests for access to data provided by the department of education, the University of Hawaii, the department of labor and industrial relations, the department of human services, and other state agencies, as appropriate.
(e) All state agency directors shall consider sharing data for the statewide longitudinal data system.""
4. By
amending sections 15 and 16 to read:
"SECTION 15. There is appropriated out of the Hawaiian early
learning trust fund the sum of $5,000,000 or so much thereof as may be necessary
for fiscal year 2020-2021 for the purpose of assisting Ka Haka Ula O Keelikolani,
in partnership with the Imiloa astronomy center and other public or private partners
as appropriate or required by law, to build two or more classrooms for Hawaiian
language medium pre-kindergarten programs that shall be used to establish a
pathway for the development of other Hawaiian language medium pre-kindergarten and
Hawaiian language immersion classes[.]; provided that all programs funded
by this section shall be licensed by the department of human services for the purposes
of health and safety.
The sum appropriated shall be
expended by the [university] University of Hawaii at Hilo for the
purposes of this Act.
SECTION 16. The standards, assessments, performance ratings,
staff qualifications, and staff training requirements established by this Act shall
not apply to any laboratory school program of the Hawaiian language college at the
[university] University of Hawaii at Hilo until July 1, 2026[.];
provided that all child care centers shall be licensed by the department of human
services."
5. By amending section 21 to read:
"SECTION 21. This Act shall take effect upon approval; provided that:
(1) Sections 10, 11, 15, and 18 shall take effect on July 1, 2020;
(2) Section 2[;]
and sections 302D-A and 302D-B, Hawaii Revised Statutes, as set forth in
section 3[; section 8; and section 13] shall take effect on July 1,
2022; [and] provided further that sections 302A-A(d) and 302A-B(c),
Hawaii Revised Statutes, as set forth in section 2; and 302D-A(c) and 302D-B(c),
Hawaii Revised Statutes, as set forth in section 3 shall take effect on July 1,
2023;
(3) Sections 8 and 13 shall take effect on July 1, 2023; and
[(3)] (4) Section 12 shall
take effect on July 1, 2024."
SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for one full-time equivalent (1.0 FTE) position to coordinate, staff, and facilitate the implementation of Act 46, Session Laws of Hawaii 2020, which will report to the early learning board.
The sums appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 1. This Act shall take effect on July 1, 2050; provided that:
(1) Section 8 shall be repealed on July 1, 2022, and section 302L-7, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act;
(2) Section 9 shall be repealed on July 1, 2024, and section 346‑181, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act; and
(3) Section 13 shall take
effect on July 1, 2021.
Report Title:
Department of Human Services; Department of Education; Preschool Open Doors Program; Executive Office on Early Learning; Appropriation
Description:
Removes the
prohibition for private funds to go directly to the Department of Education schools
for the purposes of opening prekindergarten classrooms. Establishes the Hawaii early childhood educator
stipend program to address shortage of early childhood education educators. Extends
certain effective dates for implementation of Act 46, SLH 2020. Requires the application of a uniform assessment
for public and charter school kindergarten students. Allows educational data to be shared using an existing
system. Appropriates funds. Effective 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
