Bill Text: HI HB921 | 2019 | Regular Session | Amended
Bill Title: Relating To Education.
Spectrum: Moderate Partisan Bill (Democrat 14-2)
Status: (Engrossed - Dead) 2019-04-12 - Received notice of disagreement (Hse. Com. No. 804). [HB921 Detail]
Download: Hawaii-2019-HB921-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
921 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART
I
PURPOSE
SECTION 1. The
legislature finds that there is a public benefit from substantial investment in
high-quality, developmentally appropriate early learning programs. These investments have been driven by
significant and continuing research affirming the positive effects of
high-quality early learning programs on the physical, cognitive, linguistic,
social, emotional, and economic outcomes of young children. Provided with such opportunities, children
are more likely to succeed in kindergarten and beyond as well as grow into
healthy, capable, and contributing adults.
Longitudinal studies
have also proven that high-quality early learning programs are especially
effective for high-risk children, including low-income and otherwise
disadvantaged children, with great potential to alter their lifetime
trajectories. Well-executed
and well-targeted early learning programs have immediate and long-term benefits
not only for the children participating in the programs but also for the
societies in which they live, which boast higher levels of educational
attainment; reduced homelessness, crime, and substance abuse; improved health;
and better overall social and economic well-being.
The legislature
further finds that although the department of education administers programs of
education and public instruction throughout the State, the executive office on
early learning, under policies established by the early learning board, should
have administrative authority over all state-funded prekindergarten programs,
except for special education and Title I-funded prekindergarten programs that
the department currently administers.
Since Act 178, Session Laws of
Hawaii 2012, the legislature has enacted a series of laws to clarify its intent
that the responsibility for preschool and prekindergarten lies with the early
learning board and the executive office on early learning, as the bodies
charged with formulating statewide policy relating to early learning, and
developing a cohesive, comprehensive, and sustainable system of early learning
for Hawaii, respectively.
Therefore, the purpose of this Act is to:
(1)
Clearly establish the executive office on early learning as the
administrative authority for state-funded prekindergarten programs, except for
special education and Title I-funded prekindergarten programs;
(2)
Require the department of education in its implementation of Title-I
funded prekindergarten classrooms to adhere to certain quality standards and
work with the executive office on early learning; and
(3) Define
the roles and responsibilities of the executive office on early learning and
department of education as they relate to the executive office on early
learning public prekindergarten program.
PART
II
ADMINISTRATIVE
AUTHORITY FOR PREKINDERGARTEN PROGRAMS
SECTION 2. 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 for any purpose except for Title I-funded
prekindergarten. Under policies established by the
early learning board, the executive office on early learning shall have
administrative authority over all state-funded prekindergarten programs, 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, 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 be responsible for the
provision of 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 3. Section 302A-101, Hawaii Revised Statutes, is amended by deleting the definition of "early childhood education":
[""Early
childhood education" means a developmentally appropriate early childhood
development and education program for children from birth until the time they
enter kindergarten."]
SECTION 4. Section 302A-1111, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Under policies established by the board, the
superintendent shall be designated as the chief executive officer of the public
school system having jurisdiction over the internal organization, operation,
and management of the public school system, as provided by law; and shall
administer programs of education and public instruction throughout the State,
including education at the primary and secondary school levels, and such other
programs as may be established by law[.]; provided that all
state-funded prekindergarten programs, except for special education and Title
I-funded prekindergarten programs, shall be under the administrative authority of the executive office on
early learning; provided further that the department shall continue to be
responsible for the provision of 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.
(b) Except as otherwise provided, the
superintendent shall sign all drafts for the payment of moneys, all commissions
and appointments, all deeds, official acts, or other documents of the
department[.]; provided that the director of the executive office on
early learning shall be the final authority on drafts for the payment of moneys,
all commissions and appointments, and all deeds, official acts, or other
documents related to the executive office on early learning. The superintendent and director of the
executive office on early learning may use a printed facsimile signature in
approving appointments, contracts, and other documents."
SECTION 5. Section 302A-1128, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1128 Department powers and
duties. The department shall have
entire charge and control and be responsible for the conduct of all affairs
pertaining to public instruction in the public schools the department
establishes and operates, including operating and maintaining the capital
improvement and repair and maintenance programs for department and school facilities[.];
provided that all state-funded prekindergarten programs, except for special
education and Title I-funded prekindergarten programs, shall be under the
administrative authority of the executive office on early learning; provided
further that the department shall continue to be responsible for the provision
of services generally provided to the schools including operating and
maintaining capital improvement and repair and maintenance programs for any
facility at which the executive office on early learning administers programs. The department may establish and maintain
schools for secular instruction at such places and for such terms as in its
discretion it may deem advisable and the funds at its disposal may permit. The schools may include high schools,
kindergarten schools, schools or classes for [early childhood education,]
special education or Title I-funded prekindergarten, boarding schools,
Hawaiian language medium education schools, and evening and day schools. The department may also maintain classes for
technical and other instruction in any school where there may not be pupils
sufficient in number to justify the establishment of separate schools for these
purposes."
SECTION 6.
Section 302A-1303.6, Hawaii Revised Statutes, is amended to read as
follows:
"§302A-1303.6 Weighted student
formula. 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[.]; provided that
weighted student formula moneys shall not be used for state-funded
prekindergarten programs, except for special education and Title I-funded
prekindergarten programs. The
department, upon the receipt of appropriated moneys, shall use the weighted
student formula to allocate funds to public schools. Principals 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."
SECTION 7. Section 302L-1.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The director shall be responsible for:
(1) Serving as the principal officer in state
government responsible for the performance, development, and control of
programs, policies, and activities under the jurisdiction of the office from
prenatal care to entrance into kindergarten[;], including all
state-funded prekindergarten programs, except for special education and Title
I-funded prekindergarten programs;
(2) [Overseeing, supervising,] Supervising
and directing the performance of the director's subordinates in various
activities, including planning, evaluation, and coordination of early learning
programs;
(3) Administering funds allocated for the office and applying for, receiving, and disbursing grants and donations from all sources for early learning programs and services;
(4) Assessing the policies and practices of other agencies impacting early learning and conducting advocacy efforts for early learning;
(5) Advising agencies on new legislation, programs, and policy initiatives relating to early learning;
(6) Employing and retaining staff as may be necessary for the purposes of this section; and
(7) Contracting for services that may be necessary for the purposes of this section, including through master contracts, memoranda of understanding, and memoranda of agreement with other state agencies receiving federal and state funds for programs and services for early learning, and purchase of service agreements with appropriate agencies."
SECTION 8. 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 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for early childhood education programs administered by the executive office on early learning.
The sums appropriated shall be expended by the executive office on early learning for the purposes of this Act.
PART III
TITLE I-FUNDED PREKINDERGARTEN
SECTION 9. 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- Title I-funded prekindergarten. (a)
The department in its implementation of Title I-funded prekindergarten
classrooms shall adhere to the quality standards incorporated by the executive
office on early learning in the executive office on early learning public
prekindergarten program pursuant to section 302L-7.
(b) The department shall work with the executive office on early learning regarding curriculum, instruction, assessment, family engagement, and transition of children in and out of the prekindergarten classroom.
(c) The department and executive office on early
learning shall enter into a memorandum of agreement or memorandum of understanding
for the executive office on early learning to provide ongoing professional learning
support for teachers and principals of Title I-funded prekindergarten
classrooms.
(d) The department shall submit an annual report
to the executive office on early learning on its implementation of Title
I-funded prekindergarten classrooms, regarding curriculum, instruction,
assessment, family engagement, and transition in and out of the classroom."
SECTION 10. 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 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the executive office on early learning to provide professional learning support for teachers and principals of Title I-funded prekindergarten classrooms in the department of education.
The sums appropriated shall be expended by the executive office on early learning for the purposes of this Act.
PART IV
EXECUTIVE OFFICE ON EARLY LEARNING PUBLIC
PREKINDERGARTEN PROGRAM
SECTION 11. Section 302L-1, Hawaii Revised Statutes, is amended by amending the definition of "at-risk children" to read as follows:
""At-risk children" means children who, because of their home and community environment, are subject to language, cultural, economic, and other disadvantages that cause them to be at risk for school failure, including children:
(1) Who
are [eligible for special education services;] placed through their
individualized education plan in a general education setting;
(2) Who
are English as a second language learners;
[(3) Who reside within a public school district, established under
chapter 302A, that is in need of improvement based on the criteria of the
federal No Child Left Behind Act of 2001 (Public Law 107-110), as amended; or]
(3) Who
are in foster care;
(4) Who
are homeless; or
[(4)] (5) Whose family income is no more than three
hundred per cent of the federal poverty level."
SECTION 12. Section 302L-7, Hawaii Revised Statutes, is amended to read as follows:
"§302L-7 Executive office on early learning public prekindergarten program; public preschools. (a) There is established within the early learning system an early childhood education program to be known as the executive office on early learning public prekindergarten program and to be administered by the office pursuant to rules adopted by the office. The program shall:
(1) Be
provided through the executive office on early learning, which [may] shall
partner with the department of education[;] through either a
memorandum of agreement or memorandum of understanding pursuant to the
requirements of this section;
(2) Prepare children for school and active participation in society through the use of either of the State’s two official languages; and
(3) Provide access to high-quality early learning that addresses children's physical, cognitive, linguistic, social, and emotional development.
(b) The office shall implement an application
process for schools that are interested in participating in the program. The criteria to prioritize applications shall
include:
(1) Community need, including:
(A) The percentage of the population in the
school or community that meets the definitions of at-risk and underserved
children pursuant to section 302L-1; and
(B) The availability and capacity of existing
early learning programs or services for four-year-old children on the school
campus and in the surrounding area;
(2) The availability of a classroom and outdoor
play area that meet department of human services requirements for health and
safety for four-year-old children; and
(3) The commitment of the principal to
implementing a high-quality prekindergarten program including through active
participation in professional learning sessions offered through the office, and
to 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.
[(b)]
(c) The program shall serve
children in the year prior to the year of kindergarten eligibility, with
priority extended to underserved or at-risk children, as defined in section
302L-1[.], and follow the academic year schedule of the department of
education and be aligned with the full-day kindergarten classroom schedule of
each school. Enrollment priority
shall be given but is not limited to children who attend prekindergarten at
schools to which the children will be assigned upon entering kindergarten under
section 302A-1143.
(d) The program shall include students with
disabilities based on individualized education plan placement, recognizing that
the in-classroom ratio of students with disabilities to the general population
shall be based on the inclusion of children with disabilities in proportion to
their presence in the general population.
The office and the department of education shall collaborate to
coordinate services for students with disabilities who are placed in the
classroom offered through the program.
Funding for all costs associated with implementation of the
individualized education plans of students shall be provided through the
department of education.
[(c)]
(e) Enrollment in the program
shall be voluntary. A child who is [enrolled
in, or is eligible to attend, a public elementary school, or who is]
required to attend school pursuant to section 302A-1132, shall not be eligible
for enrollment in the program.
(f) The program shall enroll a maximum of twenty
children per classroom.
[(d)]
(g) The program shall incorporate
high-quality standards pursuant to rules adopted by the office. High-quality standards shall be
research-based, developmentally-appropriate practices associated with better
educational outcomes for children, such as:
(1) Positive teacher-child interactions[;]
that shall be evaluated through observations conducted by the office using a
tool several times a year; provided that the observations shall not be used for
the purposes of teacher evaluation;
(2) Use of individual child assessments that are
used for ongoing instructional planning, [based upon] relating to
all areas of childhood development and learning, including cognitive,
linguistic, social, and emotional approaches to learning and health and
physical development[;], based on a schedule determined between the
office and the principals of the schools participating in the program;
(3) Family engagement[; and], including
partnering with the schools participating in the program to implement outreach
and communication efforts to enroll hard-to-reach families and engage families
in their children’s education;
(4) Alignment with the Hawaii early learning and
development standards, which align with department of education standards,
state content and performance standards, and general learner outcomes for
grades kindergarten to twelve, to facilitate a seamless and high-quality
educational experience for children[.]; and
(5) A teacher who has coursework in early
childhood education. For program
purposes, a teacher shall have a minimum number of hours of coursework, as
determined by the memorandum of agreement or memorandum of understanding
established pursuant to subsection (a), from a state-approved teacher education
program, or be enrolled in a state-approved teacher education program and working
toward completing the coursework, to obtain teacher licensure with
specialization in early childhood; and
(6) An educational assistant who has a child
development associate credential or the associated coursework. For program purposes, an educational
assistant shall have a current child development associate credential,
coursework for a certificate that meets the requirements for child development
associate credential preparation, or is enrolled in and working toward
completing a program that prepares the individual to obtain the credential.
[(e)]
(h) Prior to opening a public
prekindergarten class in a school, the principal, and other school personnel as
required by the office, shall participate in an early learning induction
program.
[(f)]
(i) The office shall provide
support to incorporate the high-quality standards developed pursuant to
subsection [(d),] (g), including support related to teacher-child
interactions, individual child assessments, and family engagement. Teaching staff and principals
participating in the program shall participate in all relevant professional learning
sessions, coaching and mentoring, and meetings offered through the office;
provided that the office shall cover the associated travel and substitute
teacher costs.
(j) The teacher and educational assistant
teaching in the classroom through the program shall provide direct services
solely to students enrolled in the program and shall be provided time for
meetings regarding program implementation in the program.
(k) The teacher and educational assistant
teaching in the classroom through the program shall be included in school
meetings and activities to promote alignment between all grade levels and
settings.
(l) Each school participating in the program
shall work with the office to develop and annually update a written two- to
three-year plan to promote, within the school and community, alignment of and
transitions between high-quality learning experiences, and submit to the office
and the appropriate complex area superintendent a report on progress made
toward the plan by the end of each school year.
[(g)]
(m) The office shall coordinate
with other agencies and programs to facilitate comprehensive services for early
learning.
(n) To promote the development of a cohesive,
comprehensive, and sustainable early learning system, the office shall partner
with the schools participating in the program to collaborate with:
(1) Other early learning providers, including
those providing the programs and services specified in section 302L-2(2)(A), to
promote alignment between prekindergarten and elementary school programs and to
support children and their families in making successful transitions from
prekindergarten into kindergarten; and
(2) Early intervention programs.
[(h)]
(o) The office shall collect data,
with assistance from the department of education 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.
[(i)]
(p) The department of education
and any public charter school existing 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 [rules adopted by the
department pursuant to chapter 91.] section 302L-1.7.
[(j)]
(q) The office shall adopt rules
pursuant to chapter 91 necessary to carry out the purposes of this section,
including compliance with all applicable state and federal laws."
PART V
REPORTS TO THE
LEGISLATURE
SECTION 13. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Public prekindergarten classes; annual report to the legislature. The department shall submit to the legislature an annual report regarding the number and location of public prekindergarten classes that it operates, numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken, and the sources of funding for each class."
SECTION 14. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Public prekindergarten classes; annual report to the legislature. Every authorizer shall submit to the legislature an annual report regarding the number and location of public prekindergarten classes under its chartering authority, numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken, and the sources of funding for each class."
SECTION 15. Chapter 302L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302L- Public prekindergarten classes; annual report to the legislature. The office shall submit to the legislature an annual report regarding the number and location of public prekindergarten classes that it administers, numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken, and the sources of funding for each class."
PART VI
MISCELLANEOUS
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, 2050.
Report Title:
DOE; Executive Office on Early Learning; Appropriation
Description:
Clearly establishes the Executive Office on Early Learning as the administrative authority for State-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs. Requires the Department of Education in its implementation of Title I-funded prekindergarten classrooms to adhere to certain quality standards and work with the Executive Office on Early Learning. Defines the roles and responsibilities of the Executive Office on Early Learning and Department of Education as they relate to the Executive Office on Early Learning Public Prekindergarten Program. (HB921 HD2)
The summary description
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not legislation or evidence of legislative intent.
