Bill Text: HI SB2652 | 2010 | Regular Session | Introduced
Bill Title: Department of Education; Instructional School Days; Hawaii Hurricane Reserve Trust Fund; Fund Transfer
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-27 - (S) Referred to EDH/CPN, WAM. [SB2652 Detail]
Download: Hawaii-2010-SB2652-Introduced.html
|
THE SENATE |
S.B. NO. |
2652 |
|
TWENTY-FIFTH LEGISLATURE, 2010 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature recognizes that supporting public education is a core responsibility and fundamental priority of state government. In recent years, progress has been made in improving educational test scores and significant resources invested in supporting, rewarding, and retaining quality teachers. If the State of Hawaii is to continue moving forward in improving student achievement, the legislature believes that instructional school days available for student learning must be strengthened and not diminished. The legislature further believes that the current effort to balance the state budget by reducing the number of instructional days is counter-productive, harmful to our State on many levels, and must immediately be reversed.
According to a recent statement by the United States Secretary of Education: "Now more than ever, we need to invest in schools so we can educate our way to a better economy .... Hawaii has been making progress on student achievement. Over the 20 years that the National Assessment of Educational Progress has been given to states, Hawaii students have recorded steady gains .... But now is not the time to decrease investment in education. Hawaii's economic problems should not be creating an educational crisis for its children."
While there will be exceptions, the elimination of instructional days will result in a general decline in student achievement and a lowering of over-all test scores system wide. As teachers adjust to the reduced number of teaching days, important subjects such as music, art, and physical fitness are likely to be further reduced and opportunities to participate in traditional after school extracurricular activities such as band, clubs, and others will also dwindle as the time available is shrunk. College bound students will also be impacted as students seeking to excel in specialized academic areas will have a reduced availability of instructional time. College admissions opportunities for Hawaii students in general may further suffer from the increasingly poor national reputation and stigma gained from having the fewest number of instructional days in the nation.
In addition to the loss of educational opportunity for Hawaii's children, the "furlough Fridays" that will result in the elimination of up to seventeen instructional school days a year will result in a host of other unanticipated problems. In testimony submitted by parents and community members before a special legislative committee, it has been made very clear that "furlough Fridays" will cause serious economic hardship. Many families cannot afford the extra cost of child care during the day or after school hours supervision. As a result, many parents are now forced to take unpaid leave from work to care for their school age children, while others may have no option but to leave younger children in the care of older siblings, friends, or neighbors.
Moreover, testimony from social workers and others pointed out the potential for harm as large numbers of students suddenly become unsupervised "latch-key children." This unstable situation may contribute to an increase in teen pregnancies, drug use, and other detrimental activities often associated with unsupervised youths. Furthermore, for some low-income families, the school venue provides the primary source of positive adult role models and a generally safe haven within which their children may interact with adults and their peers. Public testimony and various civil actions currently pending in the courts also describe the potentially broad and far-reaching negative impact of "furlough Fridays" on special needs children.
The legislature finds that closing public schools on instructional school days and the lasting harm that this will cause under the "furlough Fridays" arrangement is unacceptable. At the same time, the legislature recognizes that, while urgent and immediate action is vital to remedy the loss of any further instructional school days for the 2009-2010 and 2010-2011 school years, long-term solutions will require extensive review of both funding and governance issues during the upcoming 2010 regular legislative session.
The purpose of this Act is to authorize the transfer of moneys from the Hawaii hurricane reserve trust fund to the department of education in order to prevent the further loss of instructional school days for the remaining 2009-2010 and 2010-2011 school years. Furthermore, this Act prohibits the release of funds until the existing collective bargaining agreements between the department of education and the exclusive representatives of the employees of the department of education include terms of agreement that ensure no loss of instructional school days for the remaining 2009-2010 and 2010-2011 school years.
SECTION 2. The Hawaii hurricane reserve trust fund is authorized to transfer a sum in the amount of $80,000,000 to the department of education prior to January 1, 2010; provided that no moneys shall be released from the Hawaii hurricane reserve trust fund to the department of education until the existing collective bargaining agreements between the department of education and the exclusive representatives of the employees of the department of education include terms of agreement that ensure no loss of instructional school days for the remaining 2009-2010 and 2010-2011 school years.
SECTION 3. Section 431P-16, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:
"(i) Moneys in the hurricane reserve trust fund may be:
(1) Disbursed upon dissolution of the Hawaii hurricane relief fund; provided that:
(A) The net moneys in the hurricane reserve trust fund shall revert to the state general fund after payments by the fund on behalf of licensed property and casualty insurers or the State that are required to be made pursuant to any federal disaster insurance program enacted to provide insurance or reinsurance for hurricane risks are completed; and
(B) If such moneys are paid on behalf of
licensed property and casualty insurers, payment shall be made in proportion to
the premiums from policies of hurricane property insurance serviced by the insurers
in the twelve months prior to dissolution of the fund; [or]
(2) Deposited to the loss mitigation grant fund established under section 431:22-102; or
(3) Transferred to the department of education pursuant to section 2 of Act , Session Laws of Hawaii, 2010;
provided that all interest earned from the principal in the hurricane reserve trust fund shall be transferred and deposited into the general fund each year that the hurricane reserve trust fund remains in existence."
SECTION 4. Section 431P-16.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§431P-16.5[]]
Transfer or loan of funds; immunity. There shall be no cause of action,
claim for damages or relief, charge, or any other liability of any kind
whatsoever created against the State, the Hawaii hurricane relief fund, the
commissioner, or their respective agents, employees, or board, by, or relating
to[, the]:
(1) The transfer of any moneys from the
hurricane reserve trust fund to the loss mitigation grant fund or from the loss
mitigation grant fund to the hurricane reserve trust fund or involving the loss
mitigation grant program[.]; or
(2) The transfer of any moneys from the hurricane reserve trust fund to the department of education pursuant to section 2 of Act , Session Laws of Hawaii, 2010."
SECTION 5. In codifying this Act, the revisor of statutes shall insert the number of this Act in sections 3 and 4.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Department of Education; Instructional School Days; Hawaii Hurricane Reserve Trust Fund; Fund Transfer
Description:
Authorizes the transfer of moneys from the Hawaii hurricane reserve trust fund to the department of education to prevent the further loss of instructional school days.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
