Bill Text: HI SB2288 | 2014 | Regular Session | Amended
Bill Title: Education; Housekeeping
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-08 - Became law without the Governor's signature, Act 232, 7/8/2014, (Gov. Msg. No. 1342). [SB2288 Detail]
Download: Hawaii-2014-SB2288-Amended.html
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THE SENATE |
S.B. NO. |
2288 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 2 |
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STATE OF HAWAII |
H.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. In 2012, the legislature passed Act 133, Session Laws of Hawaii 2012, which sought to add clarity to or resolve conflicting or inconsistent language among different sections of law and to amend or repeal various sections of chapter 302A, Hawaii Revised Statutes.
The purpose of this Act is to continue to amend or repeal various sections of chapter 302A, Hawaii Revised Statutes, that:
(1) Have been accomplished and are no longer necessary;
(2) Impede rather than assist the department of education in meeting its core mission;
(3) Fall under the purview of the board of education, such as policy, staffing, and programmatic decisions;
(4) Are covered by federal law and do not require codification in state law; or
(5) Are covered by another section of the Hawaii Revised Statutes, administrative rules, or board of education policy.
SECTION 2. Section 36-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in this section, and notwithstanding any other law to the contrary, from time to time, the director of finance, for the purpose of defraying the prorated estimate of central service expenses of government in relation to all special funds, except the:
(1) Special out-of-school time instructional program fund under section 302A-1310;
(2) School cafeteria special funds of the department of education;
(3) Special funds of the University of Hawaii;
(4) State educational facilities improvement special fund;
(5) Convention center enterprise special fund under section 201B-8;
(6) Special funds established by section 206E-6;
(7) Housing loan program revenue bond special fund;
(8) Housing project bond special fund;
(9) Aloha Tower fund created by section 206J-17;
(10) Funds of the employees' retirement system created by section 88-109;
(11) Hawaii hurricane relief fund established under chapter 431P;
(12) Hawaii health systems corporation special funds and the subaccounts of its regional system boards;
(13) Tourism special fund established under section 201B‑11;
(14) Universal service fund established under section 269‑42;
(15) Emergency and budget reserve fund under section 328L‑3;
(16) Public schools special fees and charges fund under section 302A-1130;
(17) Sport fish special fund under section 187A-9.5;
(18) Glass advance disposal fee established by section 342G-82;
(19) Center for nursing special fund under section 304A‑2163;
(20) Passenger facility charge special fund established by section 261-5.5;
(21) Court interpreting services revolving fund under section 607-1.5;
(22) Hawaii cancer research special fund;
(23) Community health centers special fund;
(24) Emergency medical services special fund;
(25) Rental motor vehicle customer facility charge special fund established under section 261-5.6;
(26) Shared services technology special fund under section 27-43;
(27) Automated victim information
and notification system special fund established under section 353-136; [and
[](28)[]]
Deposit beverage container deposit special fund under section 342G-104[,];
(29) Hawaii 3R's school repair and maintenance fund under section 302A-1502.4; and
(30) After-school plus program revolving fund under section 302A-1149.5,
shall deduct five per cent of all receipts of all special funds, which deduction shall be transferred to the general fund of the State and become general realizations of the State. All officers of the State and other persons having power to allocate or disburse any special funds shall cooperate with the director in effecting these transfers. To determine the proper revenue base upon which the central service assessment is to be calculated, the director shall adopt rules pursuant to chapter 91 for the purpose of suspending or limiting the application of the central service assessment of any fund. No later than twenty days prior to the convening of each regular session of the legislature, the director shall report all central service assessments made during the preceding fiscal year."
SECTION 3. Section 36-32, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The department of education shall [submit an annual report
to the legislature that shall include] annually post on the department's
website information related to a financial statement of the special fund,
the lease payments for schools account established under subsection (b), and
the status of projects undertaken pursuant to this section, no later than
twenty days prior to the convening of each regular session."
SECTION 4. Section 36-36, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The [superintendent of education shall submit an annual
report to the legislature, which shall include] department shall
annually post on its website information related to a financial statement
of the account and the status of school repair and preventive maintenance
projects undertaken pursuant to this section, no later than twenty days prior
to the convening of each regular session. The department of education shall also
post the following [reports electronically on the Internet] information
on its website and update [them] the information quarterly:
(1) Expenditures for school repair and preventive maintenance projects undertaken pursuant to this section, shall be posted within thirty days of each project's completion; and
(2) A list of each school's repair and maintenance needs to be undertaken."
SECTION 5. Section 302A-101, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Attend" or "attendance" means a student is physically present in school after enrollment.
"Enroll" or "enrollment" means a student has met all of the department's requirements for entrance and is formally placed on a school's roll.
"License" means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. This definition shall not apply to the term "license" as it is used in sections 302A-425 to 302A-427."
SECTION 6. Section 302A-101, Hawaii Revised Statutes, is amended by amending the definition of "charter schools" to read as follows:
"Charter schools" [means
public schools holding charters to operate as charter schools under chapter
[302D], including start-up and conversion charter schools, that have the
flexibility to implement alternative frameworks with regard to curriculum,
facilities management, instructional approach, length of the school day, week,
or year, and personnel management.] has the same meaning as in section
302D-1."
SECTION 7. Section 302A-102, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-102[]] Smoking prohibited[;
exception]. [(a)] All public schools
within the State, from kindergarten through grade twelve, shall prohibit the
use of tobacco at public schools or at public school functions.
[(b)
The department shall provide affected public employees with breaks throughout
the work day during which they may smoke at locations off-campus. The number
and duration of such breaks shall be subject to collective bargaining.
(c)
The department shall provide a smoking cessation program for public employees
who are interested in participating; provided that issues relating to the costs
of the program shall be subject to collective bargaining.
(d)
This section shall not be subject to part II of chapter 328K.]"
SECTION 8. Section 302A-123, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The term of
each member shall be three years, except as provided for in the initial
appointment in subsection (a). [Members] Notwithstanding any law to
the contrary, members shall serve no more than three consecutive three-year
terms; provided that the members who are initially appointed to terms of two
years or less pursuant to subsection (a) may be reappointed to three ensuing
consecutive three-year terms. If a member is nominated to a second or
subsequent consecutive term, the senate shall consider the question of whether
to reconfirm the member at least one hundred twenty days prior to the
expiration of the member's immediately preceding term; provided that if the
senate has not taken final action to reconfirm the member by the one hundred
twenty-day deadline, the member shall continue to serve until the senate takes
final action on the reconfirmation."
SECTION 9. Section 302A-601.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The employer or prospective employer may refuse to employ, and may:
[(1) Refuse
to issue a teaching or other educational certificate;
(2) Revoke the teaching or other
educational certificate;
(3)] (1) Refuse
to allow or continue to allow teacher training; or
[(4)] (2) Terminate the employment of any employee or deny
employment to an applicant,
if the person has been convicted
of a crime, and if the employer or prospective employer finds by reason of the
nature and circumstances of the crime that the person poses a risk to the
health, safety, or well-being of children. Refusal[, revocation,] or
termination may occur only after appropriate investigation and notification to
the employee or applicant for employment of results and planned action, and
after the employee or applicant for employment is given an opportunity to meet
and rebut the finding. Nothing in this subsection shall abrogate any
applicable appeal rights under chapters 76 or 89, or administrative regulation
of the department of education."
SECTION 10. Section 302A-605, Hawaii Revised Statutes, is amended to read as follows:
"§302A-605
Principals and vice-principals. [(a)] Principals and
vice-principals shall meet the department's certification requirements [and
shall have at least five years of appropriate school-level experience,
including at least three years as a teacher, or equivalent experience, as
determined by the department.
(b)
Vice-principals shall meet the department's certification requirements and
shall have appropriate school-level or equivalent experience, as determined by
the department.
(c)
The department shall establish alternative routes to certification for
principals and vice-principals pursuant to rules adopted under chapter 91.
(d)
For purposes of this section, "alternative routes to certification"
has the same meaning as determined by United States Department of Education
regulations for state applications for Race to the Top fund allocations under
section 14001 of the federal American Recovery and Reinvestment Act of 2009, as
amended]."
SECTION 11. Section 302A-1004, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b)
The department shall [submit to the legislature, the governor, and the board
of education at least twenty days prior to the convening of each regular
legislative session a report of] annually post on the department's
website information on the specifics of the implementation of the
comprehensive accountability system, as well as the fiscal requirements and
legislative actions necessary to maintain and improve the accountability
system.
(c)
The department shall [submit to the legislature and to the governor, at
least twenty days prior to the convening of each regular session, an
educational status report] also annually post on its website information
that includes but is not limited to the following:
(1) Results of school-by-school assessments of educational outcomes;
(2) Summaries of each school's standards implementation design;
(3) Summary descriptions of the demographic makeup of the schools, with indications of the range of these conditions among schools within Hawaii;
(4) Comparisons of conditions affecting Hawaii's schools with the conditions of schools in other states;
(5) Other such assessments as may be deemed appropriate by the board; and
(6) Any other reports required by this section."
SECTION 12. Section 302A-1145, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1145[]]
Transfer to another school. No school shall receive any child under
eighteen years of age, who has attended another school of the same class in the
same [district,] complex area, unless the child produces to the
school to be [entered,] enrolled, a certificate of release of the
school last attended by the child. If the child applies to attend a school of
higher grade, a certificate of proficiency shall be required or a lawful excuse
for its absence. The children from one [district] complex area desiring
to enter a school in another [district] complex area may be
received or [admitted] enrolled upon producing a certificate of
release from the school last attended in the other [district.] complex
area."
SECTION 13. Section 302A-1154, Hawaii Revised Statutes, is amended as follows:
1. By amending the title to read:
"§302A-1154
Immunization upon [entering] attending school; tuberculosis
clearance."
2. By amending subsection (b) to read:
"(b)
No child shall [be admitted to] attend any school for the first time in
the State unless the child presents to the appropriate school official
documentation satisfactory to the department of health that the child has been
examined and tested according to the rules of the department, and is free from
tuberculosis in a communicable form."
SECTION 14. Section 302A-1155, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1155
Provisional [entrance to] attendance at school. (a) A
child may [enter] attend school provisionally upon submitting
written documentation from a licensed physician, physician assistant, advanced
practice registered nurse, or an authorized representative of the department of
health stating that the child is in the process of receiving the required
immunizations. Further documentation showing that the required immunizations
have been completed shall be submitted to the appropriate school official no
later than three months after the child first [entered] attends
the school. If all of the required immunizations cannot be completed within
three months due to the length of the minimum intervals between doses of a
particular vaccine required by the department of health, provisional [admission]
attendance may be extended so long as the child's parent or guardian
provides documentation that appointments for required immunizations have been
made and that progress toward completing the immunizations continues in
accordance with the requirements of the department of health.
(b)
Provisional [entrance to] attendance at school may be suspended
by the department of health when there is danger of an epidemic from any of the
communicable diseases for which immunization is required."
SECTION 15. Section 302A-1159, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1159
Physical examination required. No child shall [be admitted to] attend
any school for the first time in the State unless the child presents to the
appropriate school official a report from a licensed physician or advanced
practice registered nurse of the results of a physical examination performed
within a year of the date of [entry into] attendance at school.
A child may [enter] attend school provisionally upon submitting
written documentation from a licensed physician, advanced practice registered
nurse, or other authorized representative of the department of health stating
that the child is in the process of undergoing a physical examination. Further
documentation showing that the required physical examination has been completed
shall be submitted to the appropriate school official no later than three
months after the child first [entered] attends the school."
SECTION 16. Section 302A-1161, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1161
Notification for noncompliance. If a child does not complete the
immunizations required under section 302A‑1154 or the physical
examination required under section 302A-1159 within the period provided by
section 302A-1155 after provisional [entry into] attendance at
school, the administrator of the school shall cause a notice to be sent to the
parent or guardian of the child stating that if the required immunizations or
physical examination is not completed within thirty days of the date of the
notice, the child shall not be [admitted] permitted to attend
school."
SECTION 17. Section 302A-1301, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1301 School system financial accountability. (a) Beginning with the 1995-1997 fiscal biennium, the department's administrative expenditures shall not exceed 6.5 per cent of the total department operating budget, excluding expenditures for agencies administratively attached to the department, unless approved by the legislature.
(b)
Not less than seventy per cent of appropriations for the total budget of the
department, excluding debt service and capital improvement programs[,] and
appropriations for agencies administratively attached to the department,
shall be expended by principals."
SECTION 18. Section 302A-1312, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c)
For the purposes of this section, the superintendent of education shall develop
and implement appropriate planning procedures and follow-up accountability
reports to ensure sound planning, control, and accountability in the use of
moneys allocated by the legislature. The department of education shall [submit
an annual report to the legislature] annually post on the department's
website information that shall include:
(1) List of projects initiated by the department of education; and
(2) List of projects completed with associated actual cost."
SECTION 19. Section 302A-1504.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established within the state treasury a special fund to be known as the school-level minor repairs and maintenance special fund, into which shall be deposited all moneys collected pursuant to section 235-102.5(b), and any other moneys received by the department in the form of grants and donations for school-level minor repairs and maintenance. The special fund shall be administered by the department and used to fund school-level minor repairs and maintenance. The department shall transfer moneys deposited in the school-level minor repairs and maintenance special fund for school-level minor repairs and maintenance to the Hawaii 3R's school repair and maintenance fund established pursuant to section 302A-1502.4."
SECTION 20. Section 302A-1103, Hawaii Revised Statutes, is repealed.
["§302A-1103 Principal; authority and
responsibility. The role of the principal shall include but not be limited
to overseeing the day-to-day management of the school, the primary function of
which is to develop and deliver instructional services to students in
accordance with statewide educational policy and to enable students to meet or
exceed statewide academic standards. The principal shall:
(1) Ensure that the curriculum
facilitates the achievement of the statewide student performance standards
adopted for the public school system;
(2) Develop and present to the school
community council for its review and approval, academic and financial plans
relating to the school;
(3) Exercise authority over the
implementation of the budget, policies, and operations of the school; and
(4) Collaborate with other principals in
the principal's school complex to ensure that:
(A) Logical, sequential curricula
are adopted within the school complex;
(B) Best practices are shared among
and implemented by schools within the school complex;
(C) The goals and objectives of the
school complex are being met;
(D) The use of school complex-based
personnel and contractors who divide their time between more than one school in
a school complex is coordinated to maximize efficiency; and
(E) The passage of students through
the continuum of grades is coordinated in a manner consistent with section
302A-1004."]
SECTION 21. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 22. This Act shall take effect on July 1, 2050; provided that the amendments made to section 36-27(a), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when section 36-27, Hawaii Revised Statutes, is reenacted pursuant to section 34 of Act 79, Session Laws of Hawaii 2009.
Report Title:
Education; Housekeeping
Description:
Amends or repeals various provisions of Chapter 302A, Hawaii Revised Statutes, governing the Department of Education, for housekeeping and other purposes. Effective July 1, 2050. (SB2288 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
