Hawaii-2014-HB2480-Introduced

SECTION 1. The legislature finds that the department of education needs a clear and transparent process regarding the development of public school curriculum that includes parents and other members of public. Currently, new and amended materials developed to meet Common Core State Standards are required to go through an initial review by a consulting firm followed by a review by teachers, school leaders, and complex area and state staff. While this process provides some oversight, it does not allow for adequate public review. Requiring at least one public hearing by the Board of Education on curriculum changes would help increase transparency, make materials available to parents in a timely manner, and help allay any concerns over the content of new and amended curriculum.

The legislature further finds that parents and legal guardians of public school students do not always agree with specific sections of the standards-based curriculum taught in public schools, and that any decision to opt-out from a specific lesson or activity must be respected by school administrators and teaching staff alike.

While an opt-out policy currently exists within the board of education, and an opt-out process exists within the department of education, the legislature finds that the codification of a uniform set of opt-out guidelines and standards will promote transparency and better serve the public. The central goals of this measure are to:

(1) Increase transparency in the curriculum development

process;

(2) Increase public participation and community

involvement in Hawaii's public school system;

(3) Identify controversial issues in the early stages of

curriculum development; and

(4) Improve and enhance the education experience.

It is the intent of the legislature to establish a public curriculum review and approval process that will resolve any disputes over whether a given issue is "controversial" in the context of classroom discussions and to ensure that parents and legal guardians are able to exercise their discretion in potentially controversial school matters without consequence to their child.

Therefore, the purpose of this measure is to:

(1) Amend section 302A-321, Hawaii Revised Statutes, to

require the board of education to review and approve all new or amended curriculum proposed by the department of education prior to implementation;

(2) Add a new section to chapter 302A, Hawaii Revised

Statutes, to codify curriculum opt-out provisions for parents and legal guardians who choose to exclude their child from specific lessons and activities, and require that an alternative standards-based curriculum be developed and made available for opt-out students; and

(3) Amend section 302A-1103, Hawaii Revised Statutes, to

require school principals to make any new or amended curriculum available to the public.

SECTION 2. Section 302A-321, Hawaii Revised Statutes, is amended as follows:

"[[]§302A-321[]] Standards-based curriculum. (a) When developing a standards-based curriculum and implementing it in a school or complex, including any school or complex pilot program, at the minimum, the curriculum shall:

(1) Be specific in its standards-based scope and sequence over a school year for each grade level and course;

(2) Be consistent in course content[;], provided that an alternative standards-based curriculum has been developed and implemented for opt-out students;

(3) Be aligned across all grade levels;

(4) Specifically address the state content and performance standards and related benchmark maps; [~~and~~]

(5) Be implemented in all appropriate classrooms in the school or complex[.], provided that the curriculum has been reviewed and approved by the board; and

(6) Be implemented in conjunction with or subsequent to an alternative standards-based curriculum for opt-out students that is of equal academic value.

(b) School complexes may choose to develop an articulated and aligned K-12 standards-based curriculum in one or more of the following core content areas:

(1) Language arts;

(2) Mathematics;

(3) Science; and

(4) Social studies.

(d) School complexes that develop a standards-based curriculum shall use standards-based formative assessment tools to monitor student progress, not less than on a quarterly basis throughout the school year.

(e) School complexes shall develop rigorous classroom-based performance assessments[.] to, among other things, evaluate any new or amended standards-based curriculum that has been reviewed and approved by the board.

(f) School complexes may implement board approved software programs at the school level to help to align school course material with Hawaii content and performance and federal educational standards.

(g) Prior to the implementation of any new or amended standards-based curriculum, copies of the proposed curriculum shall be made available to the public, and shall be subject to the review and approval of the board in a public hearing that complies with the open meeting and notice requirements of chapter 92."

SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to subpart B of part II to be appropriately designated and to read as follows:

"§302A- Standards-based curriculum; opt-out alternative. (a) A parent or legal guardian may opt-out their child from a specific standards-based curriculum lesson or activity by submitting a completed opt-out form to the school or school principal no later than thirty days prior to the curriculum implementation date.

(b) All opt-out students shall participate in an alternative standards-based curriculum lesson or activity, provided that:

(1) A parent or legal guardian who has decided to opt-out

their child from a specific standards-based curriculum lesson or activity shall have the right to object to any proposed alternative standards-based curriculum lesson or activity; and

(2) The parent or legal guardian shall work directly with

the school principal to develop an equitable, individualized solution that addresses the parent or legal guardian's concerns.

(c) For any standards-based curriculum that is implemented pursuant to section 302A-321, an alternative standards-based curriculum shall be developed and made available for opt-out students. An alternative standards-based curriculum shall:

(1) Incorporate lessons and activities that are of equal

academic value to their non-alternative standards-

based curriculum counterpart; and

(2) Ensure that participation in any opt-out lesson or

activity does not compromise, undermine, or threaten

the academic standing of an opt-out student.

(d) Any alternative standards-based curriculum developed under this section shall be subject to the requirements set forth in section 302A-321."

Section 4. Section 302A-1103, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1103 Principal; authority and responsibility. The role of the principal shall include but not be limited to overseeing the day-to-day management of the school, the primary function of which is to develop and deliver instructional services to students in accordance with statewide educational policy and to enable students to meet or exceed statewide academic standards. The principal shall:

(1) Ensure that the curriculum, including any alternative standards-based curriculum for opt-out students, facilitates the achievement of the statewide student performance standards adopted for the public school system;

(2) Develop and present to the school community council for its review and approval, academic and financial plans relating to the school[;], and copies of any new or amended curriculum;

(3) Exercise authority over the implementation of the budget, policies, and operations of the school; and

(4) Collaborate with other principals in the principal's school complex to ensure that:

(A) Logical, sequential, board approved curricula are adopted within the school complex;

(B) Best practices are shared among and implemented by schools within the school complex;

(D) The use of school complex-based personnel and contractors who divide their time between more than one school in a school complex is coordinated to maximize efficiency; and

(E) The passage of students through the continuum of grades is coordinated in a manner consistent with section 302A-1004."

SECTION 5. The board shall adopt rules under chapter 91 to implement this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on January 1, 2015.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2480
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII