Bill Text: HI HB723 | 2020 | Regular Session | Amended

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Bill Title: Relating To Education.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB723 Detail]

Download: Hawaii-2020-HB723-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	723
THIRTIETH LEGISLATURE, 2019		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EDUCATION.

 

 

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

 

PART I

SCHOOLS OUR KEIKI DESERVE ACT

SECTION 1.  This Act shall be known and may be cited as the "Schools Our Keiki Deserve Act".

PART II

WHOLE CHILD EDUCATION

     SECTION 2.  The legislature finds that arts, music, and Hawaiian cultural curricula are important parts of a well-rounded education that addresses the developmental needs of the whole child.  According to a 2014 study performed by Lois Hetland and Ellen Winner of the Harvard Graduate School of Education, education in music and drama shows a generalizable causal relationship to increases in verbal achievement and spatial reasoning.  Additionally, in 2013, researchers in the Department of Education Reform at the University of Arkansas found that instruction in visual arts led to gains in critical-thinking skills.  Arts and cultural studies also encourage students to solve communal problems through creative thinking.

Accordingly, the purpose of this part is to expand arts, cultural, and native Hawaiian educational curricula in public schools.

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

     "§302A-    Whole child education.  (a)  Notwithstanding any other law to the contrary, beginning with the 2020-2021 school year, all public schools shall provide whole child education as follows:

     (1)  For all public elementary schools, twenty per cent of student hours shall be allocated to whole child education; and

     (2)  For all public middle and intermediate schools, ten per cent of student hours shall be allocated to whole child education.

     (b)  As used in this section:

     "Student hours" has the same meaning as used in section 302A-251.

     "Whole child education" means instruction in visual arts, music, theater, dance, Hawaiian and Polynesian studies, Hawaiian language, native Hawaiian culture, native Hawaiian traditional and customary practices, and physical education."

PART III

SPECIAL EDUCATION

     SECTION 4.  The legislature finds that special education services, including academic, speech-language, psychological, physical and occupational, and counseling accommodations, meet the unique needs of students with disabilities.  Governed by federal and state law, special education services are available to eligible students from ages three to twenty-two who demonstrate a need for specially designed instruction.

The legislature further finds that closing the achievement gap between special needs students and their general education peers is a strategic priority for the department of education.  However, special education teachers lack the necessary resources to provide a free and appropriate education to their students.  For the 2017-2018 school year, the statewide achievement gap between non-high-needs and high-needs students, which include English-language learners, economically disadvantaged children, and students receiving special education services, stood at thirty-two percentage points for language arts and twenty-eight percentage points for math.

The legislature additionally finds that Hawaii's teacher shortage disproportionately harms special needs students.  According to employment data from the department of education, in the Nanakuli-Waianae complex area, eighteen of nineteen special education teacher hires for the 2017-2018 school year, and fifty-seven of sixty-three special education teacher hires between the 2015-2016 and 2017-2018 school years had no special education teaching license.

The purpose of this part is to ensure a high-quality educational experience for all special needs students by:

     (1)  Providing special education teachers with additional preparation time to complete individualized education program tasks;

     (2)  Providing special education teachers with $1,690 per year for instructional materials; and

     (3)  Establishing a teacher recruitment program to recruit high school students into the teaching profession.

     SECTION 5.  Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§302A-    Special education; instructional support.  (a) Special education teachers shall have no fewer than forty hours per year for preparation and completion of tasks related to individualized education programs; provided that the preparation time required by this section shall be in addition to planning time and preparation periods specified in a collectively bargained agreement negotiated for bargaining unit (5) and in force for that time period.

     (b)  Additional preparation time established pursuant to this section shall be used during the school day at the discretion of the special education teacher.

     (c)  Beginning with the 2019-2020 fiscal year, and each fiscal year thereafter, the legislature shall consider making an appropriation to the department to provide an annual allocation to each special education teacher for instructional materials and classroom resources.

     §302A-    Teacher recruitment program.  (a)  The department shall establish a teacher recruitment program to recruit high school students to become public school teachers.

     (b)  As part of the teacher recruitment program, the department shall post on its website information regarding:

     (1)  The job description for a public school teacher;

     (2)  Requirements to become a licensed and certified public school teacher;

     (3)  Financial assistance available for students seeking to enroll in state-approved teacher education programs; and

     (4)  Educational and financial incentives available for public school teachers, including for teachers employed in hard-to-fill schools, special education teachers, and national board-certified teachers."

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $3,500,000 or so much thereof as may be necessary for fiscal year 2019-2020 for the department of education to provide up to $1,690 to each special education teacher for instructional materials and classroom resources.

The sum appropriated shall be expended by the department of education for the purposes of this part.

     SECTION 7.  There is appropriated out of the general revenues of the State of Hawaii the sum of $75,000 or so much thereof as may be necessary for fiscal year 2019-2020 for the establishment of one full-time equivalent (1.00 FTE) teacher recruitment and retention specialist position (EDN 300) within the department of education.

The sum appropriated shall be expended by the department of education for the purposes of this part.

PART IV

ACADEMIC AND FINANCIAL PLANNING

     SECTION 8.  The legislature finds that Act 51, Session Laws of Hawaii 2004, also known as the "Reinventing Education Act of 2004," empowered principals and school community councils with academic and financial planning for public schools.  However, Act 51 did not emphasize the role of teachers in academic and financial planning despite the importance of teachers in determining school performance and student success.  In addition, the weighted student formula established by Act 51 did not fully address staffing shortfalls for certain positions at public schools, including library media specialists and counselors.

     Accordingly, the purpose of this part is to increase the participation of teachers in academic and financial planning and require all public schools to maintain certain staff positions.

     SECTION 9.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§302A-    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 facilitates the achievement of the statewide student performance standards adopted for the public school system;

     (2)  Develop and present to the school community council, in consultation with teachers and other educational officers, academic and financial plans relating to the school; provided that academic and financial plans shall only be presented to the school community council after being submitted to a vote of the school's teachers;

     (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 curricula are adopted within the school complex;

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

          (C)  The goals and objectives of the school complex are being met;

          (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 10.  Section 302A-1303.6, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1303.6  Weighted student formula.  (a)  Based upon recommendations from the committee on weights, the board of education may adopt a weighted student formula for the allocation of moneys to public schools that takes into account the educational needs of each student.  The department, upon the receipt of appropriated moneys, shall use the weighted student formula to allocate funds to public schools.  Principals, in consultation with teachers and school community councils, shall expend moneys provided to the principals' schools.  This section shall only apply to charter schools for fiscal years in which the charter schools elect pursuant to section 302D-29 to receive allocations according to the procedures and methodology used to calculate the weighted student formula allocation.

     (b)  Notwithstanding any other law to the contrary, beginning with the 2020-2021 school year, all public schools shall hire at least one person to staff each of the following positions:

     (1)  Librarian or library media specialist;

     (2)  Technology coordinator;

     (3)  Counselor; and

     (4)  Special education transition coordinator at all secondary schools.

For schools at which these positions are vacant or do not exist, additional moneys shall be provided through the weighted student formula to carry out the requirements of this subsection."

PART V

CLASSROOM SUPPLIES

     SECTION 11.  The legislature finds that in a survey conducted by the Hawaii State Teachers Association, forty-seven per cent of respondents cited personal expenditures of between two hundred fifty dollars and five hundred dollars each year on classroom supplies, with many claiming expenditures in excess of one thousand dollars.

     The purpose of this part is to provide teachers with financial support for classroom expenses by establishing and appropriating funds for a declining balance purchasing card program at the individual school level to purchase school supplies and other related curriculum support materials.

     SECTION 12.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§302A-    Purchases of supplies; declining balance purchasing card.  (a)  The department may use and manage a declining balance purchasing card program, pursuant to the existing purchasing card contract, to purchase school supplies and other related curriculum support materials.

     (b)  All purchases made under this section through the declining balance purchasing card program, pursuant to the existing purchasing card contract, shall be subject to chapter 103D."

     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 2019-2020 for the implementation of a declining balance purchasing card program at the individual school level to purchase school supplies and other related curriculum support materials.

     The sums appropriated shall be expended by the department of education for the purposes of this part.

PART VI

CLASS SIZE

     SECTION 14.  The legislature finds that the Institute of Education Sciences, the research arm of the United States Department of Education, concludes that class-size reduction is one of only four evidence-based reforms that have been proven to increase student achievement.

     Experiments in Tennessee, Wisconsin, and other states have demonstrated that students in smaller classes score better on standardized tests, receive better grades, and exhibit improved attendance.  Moreover, the students who benefit the most from smaller class sizes come from poor and minority backgrounds, who experience twice the achievement gains of the average student.  Furthermore, a study commissioned by the United States Department of Education analyzed the achievement of students in 2,561 schools across the nation by their performance on the National Assessment of Educational Progress exams.  After controlling for student background, the only objective factor that correlated with higher test scores was class size.

     The purpose of this part is to reduce class sizes in all grade levels.

     SECTION 15.  Chapter 302A, Hawaii Revised Statutes, is amended by adding three new sections to part II to be appropriately designated and to read as follows:

     "§302A-    Class size.  (a)  Notwithstanding any other law to the contrary:

     (1)  Beginning with the 2021-2022 school year, excluding charter schools, no public elementary school class shall exceed an enrollment of twenty students; and

     (2)  Beginning with the 2021-2022 school year, excluding charter schools, no public secondary school class shall exceed an enrollment of twenty-six students.

     (b)  This section shall not apply to any class that provides instruction in band, orchestra, choir, or theater.

     §302A-    Class size for students with disabilities.  (a)  The maximum number of students with disabilities that may be assigned to a teacher shall be as follows:

     (1)  Beginning with the 2021-2022 school year, no inclusion class at any elementary school shall exceed an enrollment of fifteen students;

     (2)  Beginning with the 2021-2022 school year, no fully self-contained class at any elementary school shall exceed an enrollment of four students;

     (3)  Beginning with the 2021-2022 school year, no inclusion class at any secondary school shall exceed an enrollment of twenty students; and

     (4)  Beginning with the 2021-2022 school year, no fully self-contained class at any secondary school shall exceed an enrollment of six students.

     (b)  This section shall not apply to any class that provides instruction in band, orchestra, choir, or theater.

     (c)  As used in this section:

     "Fully self-contained class" means any class that provides instruction only to special education students.

     "Inclusion class" means any class that provides instruction to both general education and special education students.

     §302A-    Class size for students with limited English-language proficiency.  (a)  The maximum number of students with limited English-language proficiency that may be assigned to a teacher shall be as follows:

     (1)  Beginning with the 2021-2022 school year, no content-based English-language learning class at any elementary school shall exceed an enrollment of fifteen students; and

     (2)  Beginning with the 2021-2022 school year, no content-based English-language learning class at any secondary school shall exceed an enrollment of twenty students.

     (b)  As used in this section, "content-based English-language learning class" means any class providing instruction only to students with limited English-language proficiency."

PART VII

     SECTION 16.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 17.  This Act shall take effect on July 1, 2019.

 

 

Report Title:

Schools Our Keiki Deserve Act; Education Omnibus; Whole Child Education; Special Education; Classroom Supplies; Class Size; Appropriation

 

Description:

Encourages whole child education through expanding arts, culture, and native Hawaiian educational curricula in public schools.  Supports the Department of Education and teachers through special education, academic and financial planning, classroom supplies, and reducing class size.  Appropriates funds.  (HB723 HD1)

 

 

 

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