Bill Text: HI SB1382 | 2011 | Regular Session | Amended
Bill Title: Education; State Authorization; Federal Compliance; Licensing Principals, Vice-Principals, Teachers; HTSB
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2011-04-28 - (S) Conference committee meeting to reconvene on 04-29-11 2:00PM in conference room 329. [SB1382 Detail]
Download: Hawaii-2011-SB1382-Amended.html
|
THE SENATE |
S.B. NO. |
1382 |
|
TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In October 2010, the United States Department of Education issued new regulations for programs authorized under Title IV of the Higher Education Act of 1965, as amended, to hold programs accountable for preparing students for gainful employment, protect students from misleading recruiting practices, ensure that only eligible students receive financial aid, and strengthen federal student aid programs at for-profit, non-profit, and public institutions. The regulations also include requirements for state authorization of institutions that offer educational programs beyond secondary education for purposes of federal program eligibility.
The state post-secondary education commission, established under section 304A‑3151, Hawaii Revised Statutes, qualifies the State to receive funds made available under the Higher Education Act of 1965, as amended, and may serve as the state agency for the receipt of federal funds when necessary. However, the commission does not authorize institutions to operate educational programs beyond secondary education, as may be required under new federal regulations. Further, the commission is established under the University of Hawaii for administrative purposes. The legislature finds that either the establishment of a separate entity or the placement of the commission under a different agency may result in an entity that is more broadly representative of post-secondary education in the State and more appropriate to serve as the authorizing state agency for the diverse institutions that operate educational programs beyond secondary education.
Due to the July 1, 2011, effective date of the new regulations, the State will most likely be unable to satisfy all of the requirements relating to state authorization by the imminent deadline. The United States Department of Education has provided the opportunity for states and institutions to receive an extension of the effective date for certain regulations, and the legislature finds that the State should proceed to request any necessary extensions. In the meantime, it is the intent of the legislature to proactively seek solutions by determining what actions and changes are required for the State to come into compliance with the new regulations.
The legislature further finds that the need to examine state authorization of institutions offering educational programs at the post-secondary education level presents an opportunity to also examine existing duties of the State that are related to the licensing or authorization of other educational institutions in the State and their administrators and instructors. Specifically, the legislature finds that Hawaii is the only state that does not license principals. The legislature also finds that the Hawaii teacher standards board, which has jurisdiction over the issuing, renewing, revoking, suspending, and reinstating of teachers' licenses, has been audited on more than one occasion with findings that include a lack of oversight, accountability, clearly defined program purpose, and timely completion of its duties.
Although the legislature and the Hawaii teacher standards board have made efforts to improve the operations of the Hawaii teacher standards board, the legislature finds that it is appropriate at this time to consider whether functions such as the licensing of principals and the existing functions of the Hawaii teacher standards board should be consolidated and tasked to one state agency that would be responsible for the licensing and authorization of all educational institutions in the State and administrators and instructors of those institutions, as is deemed appropriate or necessary.
Accordingly, the purpose of this Act is to establish a task force to:
(1) Examine the Higher Education Act of 1965, as amended, and regulations pursuant to that Act and make recommendations to ensure the State's compliance with provisions relating to the authorization of institutions that offer educational programs beyond secondary education; and
(2) Examine existing functions relating to the licensing or authorization of any educational institution in the State, and administrators and instructors of those institutions, and make recommendations as to whether these functions should be consolidated and tasked to one state agency that would be responsible for the licensing and authorization of all educational institutions in the State and their related operations.
SECTION 2. (a) There is established a federal higher education compliance and educational personnel licensure and certification task force. The task force shall be attached to the University of Hawaii for administrative purposes.
(b) The task force members shall be named by the Hawaii P‑20 Council after consultation with stakeholders, as necessary, such as private institutions of higher education, the department of education, the Hawaii Association of Independent Schools, and the Hawaii teacher standards board. Task force members shall not be compensated for their services and shall not be entitled to travel or incidental cost reimbursement.
(c) The task force shall:
(1) Examine the Higher Education Act of 1965, as amended, and regulations pursuant to that Act, with specific attention paid to regulations adopted pursuant to Title IV of that Act, to determine, in consultation with the University of Hawaii and the department of education, what actions and changes are required for the State to comply with federal laws and regulations so that its post-secondary educational institutions may operate or continue to operate post-secondary educational programs that will qualify for federal student loan programs and other federal funding; and
(2) Examine existing functions relating to the licensing or authorization of any educational institution in the State and the administrators and instructors thereof; and make recommendations as to whether these functions should be consolidated and tasked to an existing state agency or whether any umbrella state agency should be created that would be responsible for the licensing and authorization of all educational institutions in the State, their related operations, and their educational administrators and educators.
(d) In developing recommendations pursuant to subsection (c), the task force shall consider the following:
(1) Utilizing existing state laws and state entities, such as the state post-secondary education commission and the Hawaii teacher standards board, and their existing functions and duties to determine whether the laws or entities may assist, or may be amended, reorganized, or reassigned duties to assist, the State in complying with the federal laws and regulations;
(2) Whether to establish a new state entity that will legally authorize or license institutions to offer post-secondary education in the State for purposes of federal program eligibility and, if so, make recommendations on:
(A) The scope of duties and responsibilities for that entity, including a determination of whether the State should license principals and vice principals and include that licensing function, as well as any licensing-related duties under the Hawaii teacher standards board, as responsibilities of that new state entity;
(B) The appropriate membership for that entity;
(C) The appropriate administrative placement of that entity in a particular state agency and whether related functions that are currently under programs or other entities, such as the Hawaii Western Interstate Commission for Higher Education, the state approving agency for veteran services, the administration of the Leveraging Educational Assistance Partnership Program, and the Hawaii teacher standards board, should be consolidated within or transferred to that entity;
(D) The staffing needs and other resources required for that entity to perform its required functions;
(E) Whether the functions to be performed by an existing state agency or newly created entity should be phased in over a period of time and, if so, what the timeframe and implementation schedule should be; and
(F) The funding sources for this entity;
(3) The systems, laws, and procedures that other jurisdictions have established to comply with the federal laws and regulations;
(4) Whether establishing and maintaining a database of all institutions that would require authorization of the State pursuant to the Higher Education Act of 1965, as amended, and relevant federal regulations is appropriate and, if so, what information should be contained in the database; and
(5) Any proposed legislation necessary to carry out the recommendations of the task force.
(e) The University of Hawaii shall provide the federal higher education compliance and educational personnel licensure and certification task force with administrative support as may be necessary to carry out the purposes of this Act.
SECTION 3. (a) The federal higher education compliance and educational personnel licensure and certification task force shall submit to the legislature:
(1) A preliminary report, which shall contain findings and recommendations, including a preliminary strategic plan and any proposed legislation, no later than twenty days prior to the convening of the regular session of 2012; and
(2) A final report of findings and recommendations, including the finalized strategic plan and any proposed legislation, no later than twenty days prior to the convening of the regular session of 2013.
(b) The task force shall cease to exist on June 30, 2013.
SECTION 4. (a) The legislative reference bureau shall assist the federal higher education compliance and educational personnel licensure and certification task force in researching the following:
(1) Existing state laws and state entities, such as the state post-secondary education commission and the Hawaii teacher standards board, and their existing functions and duties to determine whether the laws or entities may assist, or may be amended, reorganized, or reassigned duties to assist, the State in complying with the federal laws and regulations;
(2) The appropriate administrative placement of that entity in a particular state agency and whether related functions that are currently under programs or other entities, such as the Hawaii western interstate commission on higher learning, the state approving agency for veteran services, the administration of the Leveraging Educational Assistance Partnership Program, and the Hawaii teacher standards board, should be consolidated within or transferred to that entity;
(3) The staffing needs and other resources required for that entity to perform its required functions;
(4) Whether the functions to be performed by an existing state agency or newly created entity should be phased in over a period of time and, if so, what the timeframe and implementation schedule should be; and
(5) The funding sources for this entity.
(b) The legislative reference bureau shall assist the federal higher education compliance and educational personnel licensure and certification task force with preparing its reports, including the drafting of any proposed legislation as may be necessary to carry out the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Education; State Authorization; Federal Compliance; Licensing Principals, Vice-Principals, Teachers; HTSB
Description:
Creates task force to examine Higher Education Act of 1965, to ensure compliance re state authorization of institutions offering educational programs beyond secondary education; and make recommendations re consolidation within one state agency of licensing and authorization functions of all primary, secondary, and post-secondary educational institutions in the State. Requires LRB to provide research and assist with drafting legislation. Requires report to legislature. Effective 7/1/2050. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
