Bill Text: HI HB2697 | 2016 | Regular Session | Introduced

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Bill Title: Public Schools; School Safety and Security; Armed Police Officers. ($)

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-02-01 - Referred to EDN, FIN, referral sheet 5 [HB2697 Detail]

Download: Hawaii-2016-HB2697-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2697
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SCHOOL SECURITY.

 

 

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

 

     SECTION 1.  The legislature finds that terrorism and school violence present unique challenges to the State.  Of the forty-four school shootings reported by the non-profit Every Town for Gun Safety Action Fund, from December 2012 to February 2014, none occurred in the State.  In fact, Hawaii is one of the few states that never had an active shooter in school.  While such data may be a consolation, it does not assure that our public schools are adequately protected from active shooters.

     Given Hawaii's geographic location, risk mitigation is important.  Firstly, as one of the largest military outposts in the nation, the State has an increased risk for the evolving threats of terrorism and active school shooting.  Secondly, as a principal hub for the United States interest in the Pacific and Asian commerce, the legislature must take a proactive role in keeping the State, including schools, safe and secure.  Lastly, with a tourism-dependent economy, any measure to curb potential triggers that will compromise the State's safety must be addressed.  In a small state like ours where the two hundred fifty five public schools enroll over one hundred seventy thousand students, mostly minors, school safety should be a top concern for everyone.

      The State Formula Grants under the Safe and Drug Free Schools and Communities Act (SDFSCA) introduced our schools to the effectiveness of school-based armed police officers.  This program was funded federally between 2003 and 2009.  The police officers were, however, restricted to rural schools on the neighbor islands, which did not have quick response times afforded to schools in or near highly-urbanized centers like Honolulu.  The legislature notes that the program earned so much community support that even when the grant funding ended, five of the Hawaii county schools continued with the program, with the Hawaii Police Department funding it independently.

     The legislature further finds that mobilizing armed police officers during school hours is a key aspect of mitigating school shooting risks.  However, given that every public school in the State has an emergency-procedures guide that is site-specific, it is essential that the individual school is afforded the authority to decide whether armed police officers are needed on their premises during school hours.  The goal to secure our public schools does not need to be in conflict with the school empowerment ideals.

     The purpose of this Act is to reserve to the school community council the authority either to secure the services of school-based armed police officers during school hours or secure their services on an as-needed basis only.

     SECTION 2.  Chapter 302A-1124, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1124   Mandate to initiate school community councils.  (a)  The department, through the board and its superintendent, shall establish a school community council system under which each public school, excluding charter schools, shall create and maintain a school community council.  Each school community council shall:

     (1)  Review and evaluate the school's academic plan and financial plan, and either recommend revisions of the plans to the principal, or recommend the plans for approval by the complex area superintendent;

     (2)  Ensure that the school's academic and financial plans are consistent with the educational accountability system under section 302A-1004;

     (3)  Participate in principal selection and evaluation, and transmit any such evaluations to the complex area superintendent; [and]

     (4)  Gather and evaluate data to make an informed decision on securing the services of armed police officers during school hours or on an as-needed basis only, and transmit any such evaluations to the complex area superintendent; and

    [(4)] (5)  Provide collaborative opportunities for input and consultation.

     (b)  School community councils shall be exempt from the requirements of chapters 91 and 92.  The school community councils shall:

     (1)  Make available the notices and agendas of public meetings[:], and the data gathered and the evaluation and decision made pertaining to securing school-based armed police officers:

         (A)  At a publicly accessible area in the school's administrative office so as to be available for review during regular business hours; and

          (B)  On the school's internet web site,

          not less than six calendar days prior to the public

          meeting or the hiring of school-based armed police

          officers, unless a waiver is granted by the

          superintendent in the case of an emergency; and

     (2)  Make available the minutes from public meetings on a timely basis in:

         (A)  The school's administrative office so as to be available for review during regular business hours; and

         (B)  On the school's internet web site.

     (c)  Complex area superintendents may require revisions to a school's academic and financial plans if the plans are in violation of law or conflict with statewide educational policies and standards, or are otherwise in the best interests of the school.

     (d)  The superintendent of education may recommend to the board of education dissolution of a school community council and establish an interim school community council if the school community council engages in any act or omission that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct.  The superintendent may recommend to the board the removal of any member of a school community council.  The superintendent shall appoint or facilitate the creation of an interim school community council at any school that has not established a council or has had its council dissolved.  In appointing or facilitating the creation of an interim school community council at any school that has had its council dissolved, the superintendent may appoint individuals who were previously members of the council.

     (e)  Unless otherwise specified, each school community council shall establish policies governing the council's composition, election, staggered terms of office for members, operation, and vacancies; provided that:

     (1)  The number of school personnel [[]on[]] any school community council shall be equal to the number of primary stakeholders on the school community council;

     (2)  At the elementary and middle school levels, each school community council shall be composed of the principal and at least one member representing each of the following groups:

         (A)  Parents elected by ballots distributed among and collected from the parents of the school’s students;

         (B)  Teachers elected by ballots distributed among and collected from teachers of the school;

         (C)  Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

         (D)  Community representatives elected by ballots distributed among and collected from parents of the school's students; and

         (E)  Student representatives selected by the student council of the school; and

     (3)  At the high school level, each school community council shall be composed of the principal and at least one member representing each of the following groups:

         (A)  Parents elected by ballots distributed among and collected from parents of the school’s students;

         (B)  Teachers elected by ballots distributed among and collected from teachers of the school;

         (C)  Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

         (D)  Community representatives elected by ballots distributed among and collected from the parents of the school's students; and

         (E)  Student representatives selected by the student council of the school.

     For the purposes of this subsection, "primary stakeholders" means students, parents, and community members.

     (f)  School community councils shall elect officers, including:

     (1)  A chairperson;

     (2)  A vice-chairperson;

     (3)  A secretary; and

     (4)  Other officers as needed to perform stated duties in support of the work of the council.

     (g)  The principal shall have the authority to set aside any decision made by the school community council, including the staffing of armed police officers, if the principal determines it to be in the best interests of the school; provided that the principal notifies the school community council.  If the school community council opposes a decision of the principal, an appeal shall first be brought to the complex area superintendent for resolution and, if necessary, to the superintendent and, finally, to the board of education.

     (h)  Complex area superintendents shall assist the school community councils and principals within their respective complex areas in:

     (1)  Obtaining the support and services of the department; [and]

     (2)  Gathering data and making evaluations to secure the services of armed police officers; and

    [(2)] (3)  Ensuring the progress and success of the school's academic and financial plan."

     SECTION 3.  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 2016-2017 and the same sum or so much thereof as may be necessary for fiscal year 2017-2018 for the implementation and administration of this Act.

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

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:	_____________________________

 

Report Title:

Public Schools; School Safety and Security; Armed Police Officers.

 

Description:

Allows the community council of each public school to make a decision either to secure the services of armed police officers during school hours or on as as-needed basis only.  Makes an appropriation. 

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.