Bill Text: HI HB1376 | 2010 | Regular Session | Amended
Bill Title: School Facilities; Facilities Alignment Commission
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1376 Detail]
Download: Hawaii-2010-HB1376-Amended.html
Report Title:
School Facilities; Facilities Alignment Commission
Description:
Creates the Facilities Alignment Commission to establish criteria for the selection of public schools to be constructed, expanded, consolidated, or closed, and recommend a list of areas for new school construction, and of schools for expansion, consolidation, or closure. Requires the Board of Education to comply with these recommendations if the Legislature does not disapprove of them in their entirety. Effective 7/1/40. (SD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1376 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 1. The legislature finds that with in-migration and the aging of our population, among other things, the demographics of the state are evolving. Over the past twenty-five years, the statewide population has increasingly shifted from the urban core to the suburbs, especially on Oahu, where the population center has steadily moved to the western side of the island. Meanwhile, some of the areas in the state with the fastest-growing populations are Kihei, Maui, and West Hawaii. These demographic shifts have overburdened public school facilities in growing areas and left some public school facilities in other areas underused. Thus, the legislature believes there is a need to revitalize school facilities statewide, including building or expanding schools in certain areas and consolidating or closing schools in other areas.
However, the legislature finds that despite broad-based public recognition of Hawaii's changing demographics, there is often little public support for changes that affect specific constituencies. In particular, this is true of proposals to close or consolidate public schools to maximize resources.
The legislature recognizes the difficulties, political and otherwise, inherent in these decisions. But in the face of increasing educational priorities, the legislature believes that just as the construction or expansion of some schools is important, the consolidation or closure of other schools is also necessary. It is important that any actions to do so be taken through a very objective and transparent process that benefits the greatest number of public school students and their families.
The purpose of this Act is to revitalize school facilities statewide and to more effectively and efficiently use our taxpayers' investment in public education. Specifically, this Act provides for the timely construction, expansion, consolidation, or closure of public schools in Hawaii through an objective and transparent process that:
(1) Includes the establishment of a facilities alignment commission that shall:
(A) Establish criteria for the selection of public schools to be constructed, expanded, consolidated, or closed; and
(B) Recommend, based upon these criteria, a list of areas for new school construction, and of schools for expansion, consolidation, or closure, which is subject to the review of the legislature;
and
(2) Directs the board of education to proceed with the process of constructing, expanding, consolidating, or closing schools according to the recommendations of the facilities alignment commission, if the legislature does not disapprove of the recommendations in their entirety.
SECTION 2. Facilities alignment commission. (a) There is established the facilities alignment commission, to be attached to the department of education for administrative purposes. The commission shall:
(1) Establish criteria for the selection of public schools to be constructed, expanded, consolidated, or closed;
(2) Recommend, based upon these criteria, a list of areas for new school construction, and of schools for expansion, consolidation, or closure;
(3) Explore funding mechanism alternatives to ensure that funds derived from the consolidation or closure of schools benefit the affected school or schools or the department of education, as appropriate;
(4) Develop procedures or guidelines for executing memoranda of agreement or memoranda of understanding with the counties, other departments, or entities regarding property on which affected schools are located with regard to the disposition of those properties; and
(5) Develop procedures or guidelines, with the assistance of the department of the attorney general, regarding boilerplate language, terms, and conditions associated with the sale or lease of property on which affected schools are located.
(b) The commission shall be composed of nine members appointed by the governor; provided that:
(1) Three members shall be appointed from a list of nominees submitted by the president of the senate, of which two members shall be persons with professional experience in education, including former or current teachers or school administrators; and
(2) Three members shall be appointed from a list of nominees submitted by the speaker of the house of representatives, of which two members shall be persons with professional experience in education, including former or current teachers or school administrators.
(c) The chairperson of the commission shall be selected by the members of the commission.
(d) A majority of the commission's membership shall have professional experience in education, including experience as a teacher or school administrator.
(e) At least one member shall be a representative of the department of education.
(f) With the sole exception of those who are education professionals, members of the commission shall not be employees of the State.
(g) Any substantive action taken by the commission pursuant to sections 4 through 6 of this Act shall be approved by a two-thirds vote of its members. For all other actions of the commission, five members shall constitute a quorum to do business, of which a majority vote shall suffice.
(h) The commission shall be exempt from chapter 91, Hawaii Revised Statutes, but shall be subject to chapters 92 and 92F, Hawaii Revised Statutes.
(i) The members of the commission shall serve without compensation but shall be reimbursed for expenses necessary for the performance of their duties, including travel expenses.
(j) The department of education shall provide administrative support to the commission. The commission shall have access to all records in the department of education and department of accounting and general services pertinent to its duties and may request research and analysis assistance from the department of education. Pursuant to chapter 92F, Hawaii Revised Statutes, the commission shall maintain the confidentiality of all confidential information.
(k) The commission shall terminate upon adjournment of the regular legislative session of 2011, sine die.
SECTION 3. Procedures for making recommendations for school alignment; school facilities plan. (a) The department of education shall submit to the commission by December 31, 2009, a school facilities plan. The school facilities plan shall be based on the department's assessment of the projected student enrollment for public schools in critical areas in the state, other than charter schools, including high-growth or steadily declining population areas. In conducting the assessment, the department shall:
(1) Consider the six-year program and financial plan prepared pursuant to section 37-69, Hawaii Revised Statutes, to the extent it is applicable;
(2) Develop and consider a projection of the enrollment at each school across the state and the resulting need for facilities; and
(3) Consider other reliable data relative to population growth and trends, and anticipated levels of funding necessary for every school.
(b) The school facilities plan shall include:
(1) A description of the assessment of projected student enrollment pursuant to subsection (a);
(2) A comprehensive inventory of all department of education facilities;
(3) For each school district, projections of the numbers and locations of schools required annually to accommodate the numbers and types of students in the projected enrollment; and
(4) Recommendations for the construction, expansion, consolidation, or closure of schools based on the projections and assessment made pursuant to this section.
SECTION 4. School alignment selection criteria. (a) By December 31, 2009, the commission shall establish the criteria that will be used by the commission to select:
(1) Areas for new school construction;
(2) Schools for expansion, other than charter schools;
(3) Schools to be consolidated, other than charter schools; and
(4) Schools to be closed, other than charter schools.
(b) The criteria shall require the consideration of:
(1) The overuse or underuse of school facilities;
(2) The academic and extracurricular achievement or successes of the student body, and whether that success was due at least in part to the existing size of the school;
(3) The best interests of the students and preserving their potential for success;
(4) The impact of the consolidation or closure of a school on the community in which it is located; and
(5) The costs or savings resulting from the continued operation, consolidation, or closure of a school, including the costs of deferred and future repair and maintenance.
(c) Before finalizing the school alignment selection criteria, the commission shall hold public hearings to obtain public response to the commission's proposed criteria. For each public hearing, the commission shall provide notice, in accordance with section 1-28.5, Hawaii Revised Statutes, in statewide and county-wide publications in each county of the state. The commission shall make available to the public draft copies of its proposed criteria not less than two weeks prior to the start of the public hearings.
SECTION 5. Preliminary recommendations. (a) By February 28, 2010, based on the school facilities plan developed pursuant to section 3 and the final school alignment selection criteria adopted pursuant to section 4, the commission shall compile a preliminary list of recommended:
(1) Areas for new school construction;
(2) Schools for expansion, other than charter schools;
(3) Schools to be consolidated, other than charter schools; and
(4) Schools to be closed, other than charter schools.
(b) The list of recommendations shall include a summary of the selection process that resulted in the recommendation of each area or school on the list, including a justification for each recommendation.
(c) In selecting areas and schools for the list, the commission shall consider equally all schools within the state, without regard to whether the board of education had previously considered the school for consolidation or closure.
SECTION 6. Public hearings and final recommendations by the commission. (a) By August 31, 2010, the commission shall hold public hearings to obtain public response to the commission's preliminary recommendations. For each public hearing, the commission shall provide notice in accordance with section 1-28.5, Hawaii Revised Statutes, in statewide and county-wide publications in each county of the state. The commission shall make available to the public draft copies of the preliminary recommendations not less than two weeks prior to the start of the public hearings.
(b) Not less than twenty days prior to the convening of the regular session of 2011, the commission shall submit to the legislature a report of its findings and conclusions, including a final list of recommendations for:
(1) Areas for new school construction;
(2) Schools for expansion, other than charter schools;
(3) Schools to be consolidated, other than charter schools; and
(4) Schools to be closed, other than charter schools.
(c) The final list of recommendations shall be subject to legislative disapproval only in its entirety, by concurrent resolution.
(d) If the legislature does not disapprove the recommendations pursuant to subsection (c), then after the adjournment of the regular legislative session of 2011, sine die, the board of education shall implement the recommendations of the commission for the 2012-2013 school year, considering any procedures and guidelines developed by the commission.
SECTION 7. 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 2009-2010 for expenses incurred by the facilities alignment commission in carrying out its duties.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 8. This Act shall take effect on July 1, 2040.
