Bill Text: HI SB2569 | 2010 | Regular Session | Introduced
Bill Title: Board of Education; Appointed and Elected Members; Nomination Board
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2010-02-10 - (S) The committee on EDH deferred the measure. [SB2569 Detail]
Download: Hawaii-2010-SB2569-Introduced.html
|
THE SENATE |
S.B. NO. |
2569 |
|
TWENTY-FIFTH LEGISLATURE, 2010 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to the board of education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that significant changes to the public education system, including clearer accountability for the performance, administration, and progress of the public education system, are needed to improve the quality of education and student achievement. The legislature further finds that changing the process of selecting all members of the board of education by election to a combination of election and appointments by the governor makes the board members more accountable to the governor while still allowing representatives of various geographic areas to elect members of the board of education.
The purpose of this Act is to change the method of selection of board of education members from election to a combination of election and appointment by the governor, with the advice and consent of the senate, from pools of qualified candidates presented to the governor by a newly established board of education candidate nomination commission.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding eight new sections to part IV to be appropriately designated and to read as follows:
"§302A-A Board of education; elected and appointed members, nonvoting members. (a) Pursuant to section 13-1, the board of education shall consist of thirteen voting members. Five of the voting members of the board of education shall be elected according to section 13-1(a), and eight voting members of the board of education shall be appointed by the governor, with the advice and consent of the senate, from pools of qualified candidates presented to the governor by the board of education candidate nomination commission established under section 302A‑F.
(b) The Hawaii state student council shall select a public high school student to serve as a nonvoting member on the board of education.
(c) The board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board, who shall serve for a two-year term without compensation. As the liaison to the board, the military representative shall advise the board regarding state education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel. The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, rules, regulations, and policies and may be removed only for cause by a majority vote of the members of the board.
§302A-B Departmental school districts. The departmental school districts shall be as follows:
(1) First departmental school district (Hawaii): the island of Hawaii comprised of the 1st through the 5th and a portion of the 6th (that portion found on the island of Hawaii) representative districts;
(2) Second departmental school district (Maui): the islands of Maui, Molokai (including the county of Kalawao), Lanai, and Kahoolawe comprised of a portion of the 6th (that portion found on the island of Maui) and the 7th through the 10th representative districts;
(3) Third departmental school district (Honolulu): that portion of the island of Oahu comprised of the 21st through the 41st representative districts;
(4) Fourth departmental school district (Central Oahu): that portion of the island of Oahu comprised of the 11th through the 14th and the 45th representative districts;
(5) Fifth departmental school district (Leeward Oahu): that portion of the island of Oahu comprised of the 42nd through the 44th, the 46th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts;
(6) Sixth departmental school district (Windward Oahu): that portion of the island of Oahu comprised of the 15th through the 20th representative districts; and
(7) Seventh departmental school district (Kauai): the islands of Kauai and Niihau comprised of a portion of the 49th (that portion found on the island of Kauai) and the 50th and 51st representative districts.
§302A-C Reapportionment. Upon the implementation of a new apportionment plan, the chief election officer, by proclamation issued no later than the tenth day prior to the close of filing in elections, shall designate the representative districts that comprise the departmental school districts to comply with the new districting scheme of such plan; provided that the departmental school districts designated shall cover areas similar to those described in section 302A-B.
§302A-D Board members; eligibility. No member of the board appointed pursuant to section 302A‑A shall hold or be a candidate for any other public office under the state or county governments; nor shall a person be eligible for appointment, pursuant to section 302A‑A, to the board of education if that person is also a candidate for any other public office under the state or county government. The term "public office", for the purposes of this section, shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster relief.
§302A-E Board members; terms, vacancies. (a) Pursuant to section 26-34, the term of office of appointed members of the board shall be four years and shall commence on July 1 and expire on June 30. The term of office of elected members of the board shall be four years and shall commence on the date provided in section 13-4.
(b) Any vacancy of a board member appointed pursuant to section 302A‑A that may occur through any cause other than the expiration of the term of office shall be filled in accordance with section 302A-F. Any vacancy of a board member elected pursuant to chapter 13 that may occur through any cause other than the expiration of the term of office shall be filled in accordance with section 17-6.
§302A-F Board of education candidate nomination commission; establishment, duties. (a) There is established the board of education candidate nomination commission to present to the governor pools of qualified candidates from which the members of the board of education shall be nominated and appointed by the governor with the advice and consent of the senate. The candidate nomination commission shall establish the criteria for qualifying, screening, and presenting to the governor candidates for membership on the board of education. The candidate nomination commission shall be attached to the department of education for administrative purposes.
(b) Except as provided in subsection (c), within sixty days of convening its first meeting, the candidate nomination commission shall present no fewer than two and no more than four qualified candidates to the governor for each vacant seat on the board of education that has arisen due to resignation, death, or removal by the governor; provided that for all subsequent presentations to the governor, the candidate nomination commission shall present no fewer than two and no more than four candidates for each seat on the board of education to the governor within:
(1) Thirty days of a vacancy that arises by resignation, death, or removal by the governor; or
(2) One hundred twenty days prior to the expiration of a term.
(c) In making its presentations, the candidate nomination commission shall:
(1) Develop a statement that includes the selection criteria to be applied and a description of the responsibilities and duties of a member of the board of education and distribute this statement to potential candidates;
(2) Screen and qualify candidates for each position on the board of education based on their background, experience, and potential for discharging the responsibilities of a member of the board of education;
(3) Publicly advertise pending vacancies and actively solicit and accept applications from potential candidates;
(4) Develop and implement a fair, independent, and nonpartisan procedure for selecting candidates to serve on the board of education; and
(5) Require each candidate to disclose any existing or anticipated contracts with the department of education or any existing or anticipated financial transactions with the department of education.
Upon submission to the governor, presentations of the candidate nomination commission shall be made available to the public by the department of education.
(d) For each board seat to be filled, the governor shall select one nominee from among the candidate nomination commission's presentation within days of the presentation.
(e) Notwithstanding chapter 92F or any other law to the contrary, all information required by the board of education candidate nomination commission shall be confidential, including without limitation, all information obtained, reviewed, or considered before and after commission decision-making. Confidential candidate nomination commission information shall include documents, data, or other information that is not of public record, including without limitation, personal financial information; the names of applicants; applications and the personal, financial, and other information contained therein submitted by the applicants to the candidate nomination commission; interviews; schedules; reports; studies; background checks; credit reports; surveys and reports prepared for or on the candidate nomination commission's behalf; the results of any evaluations or assessments conducted by the candidate nomination commission; the substance and details of any discussions with candidate nomination commission members; and the substance and details of discussions and deliberations of the candidate nomination commission and any of its committees during meetings.
302A-G Board of education candidate nomination commission; members, terms, vacancies. (a) The candidate nomination commission shall consist of seven members to be appointed without regard to section 26-34 as follows:
(1) One member shall be appointed by the president of the senate;
(2) One member shall be appointed by the speaker of the house of representatives;
(3) One member shall be appointed by the governor;
(4) One member shall be appointed by the Hawaii State Teachers Association;
(5) One member shall be appointed by the Hawaii P-20 council;
(6) One member shall be the president of a school community council appointed by the superintendent of education; and
(7) One member shall be appointed by the chairperson of the executive council of the Hawaii state student council.
(b) Members of the candidate nomination commission shall be selected in a wholly nonpartisan manner. If any member has not been appointed within one hundred eighty days of the effective date of Act , Session Laws of Hawaii 2010, the sitting members on the candidate nomination commission shall make an interim appointment to fill the vacant seat. The interim appointee shall satisfy the requirements for appointment provided in this subsection and shall serve until the time when the appropriate appointing authority makes an appointment for the vacant seat as provided in this subsection. Appointees to the candidate nomination commission shall have a general understanding of the purposes, mission, and responsibilities of the board of education and the department of education. Appointees shall be individuals who are widely viewed as having placed the broad public interest ahead of special interests, having achieved a high level of prominence in their respective professions, and being respected members of the community.
(c) Members of the candidate nomination commission shall serve four-year terms; provided that the three members initially appointed by the governor, the president of the senate, and the speaker of the house of representatives shall serve for terms of two years; provided further that terms for appointments of the initial members of the candidate nomination commission shall be deemed to begin on July 1 following the effective date of Act , Session Laws of Hawaii 2010, regardless of the actual date of appointment.
(d) Members of the candidate nomination commission shall serve without compensation but shall be reimbursed for expenses, including travel, board, and lodging expenses, necessary for the performance of their duties.
(e) The candidate nomination commission shall operate in a wholly nonpartisan manner. No individual, while a member of the candidate nomination commission, shall run for or hold any elected office under the United States or the State or any of its political subdivisions.
(f) If a vacancy occurs, a successor shall be appointed in the same manner and subject to the same qualifications as the person's predecessor. The person appointed to fill a vacancy shall serve for the remainder of the term of the person's predecessor.
302A-H Board of education candidate nomination commission; meetings. The candidate nomination commission shall convene its first meeting on or after thirty-one days from the effective date of Act , Session Laws of Hawaii 2010; provided that, if thirty days after the effective date of Act , Session Laws of Hawaii 2010, all the members to which the candidate nomination commission is entitled have not yet been appointed, the candidate nomination commission shall convene its first meeting upon the appointment of a majority of its members. The members of the candidate nomination commission shall choose a chairperson from among themselves. A majority of all the members to which the candidate nomination commission is entitled shall constitute a quorum to conduct business. The concurrence of a majority of all the members to which the candidate nomination commission is entitled shall be necessary to make any action of the candidate nomination commission valid. The candidate nomination commission shall meet annually and at other times as necessary. The candidate nomination commission shall be exempt from part I of chapter 92."
SECTION 3. Section 13-1, Hawaii Revised Statutes, is amended to read as follows:
"§13-1 Board members; number[.],
elected and appointed voting members. (a) The board of education
shall consist of thirteen voting members [who shall be elected by the
registered voters of two at-large school board districts as follows:
First school board district: the island of
Oahu, comprised of the 11th through the 48th and a portion of the 49th (that
portion found on the island of Oahu) representative districts, and the
Second school board district: the islands
of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai, and Niihau, comprised of the
1st through the 10th, a portion of the 49th (that portion found on the island
of Kauai), and the 50th and 51st representative districts.
(b) Ten members shall be elected at-large
from the first school board district. Of the ten members elected at-large from
that district, one shall be a resident of the third departmental school
district (Honolulu), one shall be a resident of the fourth departmental school
district (Central Oahu), one shall be a resident of the fifth departmental
school district (Leeward Oahu), and one shall be a resident of the sixth
departmental school district (Windward Oahu).
(c) Three members shall be elected at-large
from the second school board district. Of the three members elected at-large
from that district, one shall be a resident of the first departmental school
district (Hawaii), one shall be a resident of the second departmental school
district (Maui), and one shall be a resident of the seventh departmental school
district (Kauai).
(d) The departmental school districts shall
be as follows:
First departmental school district
(Hawaii): the island of Hawaii comprised of the 1st through the 5th and a
portion of the 6th (that portion found on the island of Hawaii) representative
districts;
Second departmental school district (Maui):
the islands of Maui, Molokai (including the county of Kalawao), Lanai, and
Kahoolawe comprised of a portion of the 6th (that portion found on the island
of Maui) and the 7th through the 10th representative districts;
Third departmental school district
(Honolulu): that portion of the island of Oahu comprised of the 21st through
the 41st representative districts;
Fourth departmental school district (Central
Oahu): that portion of the island of Oahu comprised of the 11th through the
14th and the 45th representative districts;
Fifth departmental school district (Leeward
Oahu): that portion of the island of Oahu comprised of the 42nd through the
44th, the 46th through the 48th and a portion of the 49th (that portion found
on the island of Oahu) representative districts;
Sixth departmental school district (Windward
Oahu): that portion of the island of Oahu comprised of the 15th through the
20th representative districts; and
Seventh departmental school district (Kauai): the
islands of Kauai and Niihau comprised of a portion of the 49th (that portion
found on the island of Kauai) and the 50th and 51st representative districts].
Five of the voting members of the board of education shall be elected by the
registered voters of five at-large school board districts as follows:
(1) First school board district: senatorial districts one through five;
(2) Second school board district: senatorial districts six, seven, twenty-one, twenty-two, and twenty-three;
(3) Third school board district: senatorial districts eight to twelve;
(4) Fourth school board district: senatorial districts thirteen to seventeen; and
(5) Fifth school board district: senatorial districts eighteen, nineteen, twenty, twenty-four, and twenty-five.
(b) The remaining eight voting members of the board of education shall be nominated by the board of education candidate nomination commission and appointed by the governor pursuant to section 302A-F."
SECTION 4. Section 13-1.1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§13-1.1[]] Reapportionment.
Upon the implementation of a new apportionment plan, the chief election
officer, by proclamation issued no later than the tenth day prior to the close
of filing in elections, shall designate the [representative districts that
comprise the departmental school districts and the] senatorial districts
that comprise the school board districts described in section 13-1(a) to
comply with the new districting scheme of such plan[; provided that the
departmental school districts designated shall cover areas similar to those
described in section 13-1]."
SECTION 5. Section 13-2, Hawaii Revised Statutes, is amended to read as follows:
"§13-2 Qualifications[.] for
elected members of the board of education. No person shall be eligible
for election [or appointment] to the board of education pursuant to
section 13‑1(a) or appointment to the board of education pursuant to
section 17-6 unless, in the case of a candidate for election to the
board of education pursuant to section 13-1(a) or appointment to the board of
education pursuant to section 17-6, the person is a resident and registered
voter of the school board district from which the person is to be elected or
appointed [and, where residency in a particular departmental school district
is a requirement, a resident of the departmental school district for which seat
the person is seeking election or appointment]. No member of the board who
has been elected pursuant to section 13-1(a) shall hold or be a candidate
for any other public office under the state or county governments in accordance
with [Article] article II, section 7 of the Constitution of the
State; nor shall a person be eligible for election [or appointment] to
the board of education pursuant to section 13‑1(a) or appointment to
the board of education pursuant to section 17‑6 if that person is
also a candidate for any other public office under the state or county
governments. The term "public office", for the purposes of this
section, shall not include notaries public, reserve police officers, or officers
of emergency organizations for civilian defense or disaster relief."
SECTION 6. Section 13-3, Hawaii Revised Statutes, is amended to read as follows:
"§13-3 Election of members. (a) Members of the board of education shall be nominated at a primary election and elected at the general election. Except as otherwise provided by this chapter, the candidates for the board of education shall be elected in the manner prescribed by this title.
[(1) Nomination papers, preparation of. The
chief election officer shall prepare nomination papers in such a manner that a
candidate desiring to file for election to the board of education shall be able
to specify whether the candidate is seeking a seat requiring residency in a
particular departmental school district or a seat without such residency
requirement.
(2)] (1) Ballot. The school board
ballot shall be prepared in such a manner as to afford every voter eligible to
vote in a school board district race the opportunity to vote for each and every
candidate seeking election from that school board district.
The school board ballot shall contain
the names of all board candidates arranged alphabetically in a nonpartisan
manner[; provided that the names of candidates seeking seats requiring
residency in a particular departmental school district shall be grouped
alphabetically according to departmental school districts].
[(3)] (2) Primary election. Two
candidates receiving the most votes for each available seat shall be nominated
for the general election. If, after the close of filing of nomination papers,
there are only two qualified candidates for any seat requiring residency in a
particular [departmental] school board district, the chief
election officer shall declare those two candidates duly nominated for the
general election. The names of those two candidates shall not appear on the
primary election ballot.
[(4)] (3) General election. Each voter
in the general election shall be entitled to receive the school board ballot
and to vote for the number of seats available in the respective school board
districts.
(b) [In the event that there is only one
qualified candidate for any seat requiring residency in a particular
departmental school district, after the close of filing of nomination papers,
the chief election officer shall declare such candidate to be duly and legally
elected. In the event that] If the number of qualified candidates [for
seats without such residency requirement] is equal to or less than the
number of [such] seats to be filled, after the close of filing of
nomination papers, the chief election officer shall declare [such] those
candidates to be duly and legally elected."
SECTION 7. Section 17-6, Hawaii Revised Statutes, is amended to read as follows:
"§17-6 Board of education members. (a) The governor shall make an appointment to fill any vacancy in the membership of the board of education left by a member who had been elected pursuant to section 13-1(a) for the unexpired term of that vacancy whenever a vacancy occurs and the term of that vacancy ends at the time of the next succeeding general election.
(b) In the case of a vacancy[,] for
a member who had been elected pursuant to section 13-1(a), the term of
which does not end at the next succeeding general election:
(1) If it occurs not later than on the sixtieth day prior to the next succeeding general election, the vacancy shall be filled for the unexpired term at the next succeeding general election. The chief election officer shall issue a proclamation designating the election for filling the vacancy. All candidates for the unexpired term shall file nomination papers not later than 4:30 p.m. on the fiftieth day prior to the general election (but if such day is a Saturday, Sunday, or holiday then not later than 4:30 p.m. on the first working day immediately preceding) and shall be elected in accordance with this title. Pending the election the governor shall make a temporary appointment to fill the vacancy and the person so appointed shall serve until the election of the person duly elected to fill such vacancy.
(2) If it occurs after the sixtieth day prior to the next succeeding general election, the governor shall make an appointment to fill the vacancy for the unexpired term.
(c) All appointments made by the governor
under this section shall be made without consideration of the appointee's party
affiliation or preference or nonpartisanship, however the persons so appointed
shall meet the residency requirement specified in section [13-1.] 13-2."
SECTION 8. Section 26-35.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) For purposes of this section, "member" means any person who is appointed, in accordance with the law, to serve on a temporary or permanent state board, including members of the local school board of any charter school established under chapter 302B, council, authority, committee, or commission, established by law or elected or appointed to the board of education, or the board of trustees of the employees' retirement system under section 88-24, or the corporation board of the Hawaii health systems corporation under section 323F-3 and its regional system boards under section 323F-3.5; provided that "member" shall not include any person elected to serve on a board or commission in accordance with chapter 11 other than a person elected to serve on the board of education."
SECTION 9. Section 302A-1101, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1101 Department of education;
board of education; superintendent of education. (a) There shall be a
principal executive department to be known as the department of education,
which shall be headed by [an elected] a policy-making board to be
known as the board of education. The board shall have power in accordance with
law to formulate statewide educational policy, adopt student performance
standards and assessment models, monitor school success, and to appoint the
superintendent of education as the chief executive officer of the public school
system.
(b) The board shall appoint, and may remove, the superintendent by a majority vote of its members. The superintendent:
(1) May be appointed without regard to the state residency provisions of section 78-1(b);
(2) May be appointed for a term of up to four years; and
(3) May be terminated only for cause.
[(c) The board shall invite the senior
military commander in Hawaii to appoint a nonvoting military representative to
the board, who shall serve for a two-year term without compensation. As the
liaison to the board, the military representative shall advise the board
regarding state education policies and departmental actions affecting students
who are enrolled in public schools as family members of military personnel.
The military representative shall carry out these duties as part of the
representative's official military duties and shall be guided by applicable
state and federal statutes, regulations, and policies and may be removed only
for cause by a majority vote of the members of the board.
(d)] (c) The board shall appoint
the charter school review panel, which shall serve as the charter authorizer
for charter schools, with the power and duty to issue charters, oversee and
monitor charter schools, hold charter schools accountable for their performance,
and revoke charters."
SECTION 10. Section 302A-1110, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1110[]]
Educational districts not applicable. The educational districts
established by section 4-1 shall not be applicable to, nor alter, the school
board or departmental school districts, established by [section 13-1,] sections
13‑1(a) and 302A-B, respectively, or the school districts
established for administrative purposes by the department."
SECTION 11. Notwithstanding the requirements of sections 26-34 and 302A-E, Hawaii Revised Statutes, upon the effective date of this Act, the terms of all members of the board of education shall expire on November 4, 2012. Commencing November 4, 2012, all elected members of the board of education shall be elected pursuant to the election process established pursuant to this Act.
SECTION 12. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect upon its approval and upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Board of Education; Appointed and Elected Members; Nomination Board
Description:
Changes the board of education from an entirely elected board to a partially appointed, partially elected board. Establishes the board of education candidate nomination commission.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
