Bill Text: HI SB2124 | 2010 | Regular Session | Amended
Bill Title: Restoration of Instructional Days; Hawaii Hurricane Relief Fund; Appropriation
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2010-05-25 - (S) Act 143, 5/25/2010 (Gov. Msg. No. 601). [SB2124 Detail]
Download: Hawaii-2010-SB2124-Amended.html
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THE SENATE |
S.B. NO. |
2124 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII HURRICANE RELIEF FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that reductions and restrictions to the department of education's operating budget of over $49,000,000 for the 2009-2010 fiscal year and over $226,000,000 for the 2010-2011 fiscal year have resulted in the scheduled loss of seventeen instructional days for ten-month non-charter public school students and twenty-one instructional days for twelve-month non-charter public school students during the 2009-2010 school year and the same number of lost instructional days during the 2010-2011 school year. Charter schools also sustained a reduction of $3,791,952 and responded through the use of facilities funds, reductions in services, and staff reductions. The legislature further finds that if nothing is done to prevent the loss of these instructional days, Hawaii will become the state with the fewest number of instructional days in a school year. The State has received much criticism for responding to budget shortfalls in a manner that decreases learning opportunities and quality instructional time for students. On a national level, the United States Secretary of Education has strongly criticized the decision to decrease instructional days, especially because Hawaii is scheduled to receive approximately $500,000,000 from the federal American Recovery and Reinvestment Act, part of which is intended to avoid significant cuts to education and advance school reform. The Secretary has also indicated that the loss of instructional days has weakened the State's competitiveness for additional federal education grants. For these reasons, the legislature finds that the loss of instructional days for Hawaii's public school students is a short-sighted solution that will have detrimental long-term effects on Hawaii's public school students, reputation, and future.
Despite the great need for additional resources in many areas that would benefit the public, the legislature finds that providing a quality education for Hawaii's public school students is an overriding state priority with far-reaching effects on the prosperity, health, and growth of local communities and that ensuring adequate resources for education reflects a commitment and investment in that priority. The legislature finds that an appropriation of Hawaii hurricane relief funds is necessary to maintain an essential level of programs and resources to provide Hawaii's public school students with a quality education.
The legislature declares that the appropriation made under this Act shall not be construed to mean that the legislature, in any way, intends to interfere with the processes of public sector collective bargaining as authorized under the state constitution and chapter 89, Hawaii Revised Statutes.
The purpose of this Act is to appropriate a total of $86,100,000 in Hawaii hurricane relief funds to restore all remaining lost instructional days for the 2009-2010 and 2010‑2011 school years that have been negotiated pursuant to the collective bargaining process established under chapter 89, Hawaii Revised Statutes, and of the $86,100,000, a proportionate amount on a per-pupil basis to alleviate the impact of reductions to charter schools for the 2009-2010 and 2010-2011 school years.
SECTION 2. Notwithstanding provisions of chapter 431P, Hawaii Revised Statutes, to the contrary, there is appropriated out of the Hawaii hurricane relief fund the sum of $22,960,000 or so much thereof as may be necessary for fiscal year 2009‑2010 to restore all remaining lost instructional days for the 2009‑2010 school year that have been negotiated pursuant to the collective bargaining process established under chapter 89, Hawaii Revised Statutes; provided that:
(1) The funds appropriated by this Act shall only be released upon the completion of all negotiations of parties necessary to execute the restoration of instructional days pursuant to the collective bargaining process established under chapter 89, Hawaii Revised Statutes;
(2) Of the sum appropriated, $960,000 shall be allocated to charter schools for the 2009-2010 school year to alleviate the impact of funding reductions for the 2009-2010 fiscal year;
(3) Of the sum appropriated, $22,000,000 shall be allocated to non-charter schools for the 2009-2010 school year to alleviate the impact of funding reductions for the 2009-2010 fiscal year;
(4) As part of the collective bargaining agreement with the State, the exclusive representative for bargaining unit (5) shall agree to relinquish at least one planning day for every two lost instructional days that are due to a furlough once the lost instructional days are restored with moneys appropriated under this Act; and
(5) Funds appropriated for the 2009-2010 school year that are not expended at the close of that school year shall not be carried over to the following school year and shall lapse into the Hawaii hurricane relief fund.
The sum appropriated under this section shall be expended by the department of education and the charter school administrative office, respectively, for the purposes of this Act.
SECTION 3. Notwithstanding provisions of chapter 431P, Hawaii Revised Statutes, to the contrary, there is appropriated out of the Hawaii hurricane relief fund the sum of $63,140,000 or so much thereof as may be necessary for fiscal year 2010-2011 to restore all remaining lost instructional days for the 2010-2011 school year that have been negotiated pursuant to the collective bargaining process established under chapter 89, Hawaii Revised Statutes; provided that:
(1) The funds appropriated by this Act shall only be released upon the completion of all negotiations of parties necessary to execute the restoration of instructional days pursuant to the collective bargaining process established under chapter 89, Hawaii Revised Statutes;
(2) Of the sum appropriated, $2,640,000 shall be allocated to charter schools for the 2010-2011 school year to alleviate the impact of funding reductions for the 2010-2011 fiscal year;
(3) Of the sum appropriated, $60,500,000 shall be allocated to non-charter schools for the 2010-2011 school year to alleviate the impact of funding reductions for the 2010-2011 fiscal year;
(4) As part of the collective bargaining agreement with the State, the exclusive representative for bargaining unit (5) shall agree to relinquish at least one planning day for every two lost instructional days that are due to a furlough once the lost instructional days are restored with moneys appropriated under this Act; and
(5) Funds appropriated for the 2010-2011 school year that are not expended at the close of that school year shall not be carried over to the following school year and shall lapse into the Hawaii hurricane relief fund.
The sum appropriated under this section shall be expended by the department of education and the charter school administrative office, respectively, for the purposes of this Act.
SECTION 4. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2010.
Report Title:
Restoration of Instructional Days; Hawaii Hurricane Relief Fund; Appropriation
Description:
Makes an appropriation from the Hawaii hurricane relief fund to restore the remaining public school instructional days for the 2009-2010 and 2010-2011 school years; provided that the moneys shall only be released upon completion of negotiations of parties necessary to execute the restoration of instructional days. Allocates a proportionate amount of the appropriation to charter schools. Requires unexpended funds from each school year to lapse to the Hawaii hurricane relief fund. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
