Bill Text: HI SB2571 | 2010 | Regular Session | Introduced
Bill Title: Board of Education; Appointment; Selection Advisory Council
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2010-04-23 - (S) The conference committee deferred the measure. [SB2571 Detail]
Download: Hawaii-2010-SB2571-Introduced.html
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THE SENATE |
S.B. NO. |
2571 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the board of education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that significant changes to the public education system, including clearer accountability for the performance, administration, and progress of the public education system, are needed to improve the quality of education and student achievement. The legislature further finds that changing the process of selecting members of the board of education from election to appointments by the governor, similar to the appointment process for the University of Hawaii board of regents, makes the board members more accountable to the governor while still allowing representatives of various stakeholders in the public education system to inform the governor's board appointments.
The purpose of this Act is to change the method of selection of board of education members from election to appointment by the governor, with the advice and consent of the senate, from pools of qualified candidates presented to the governor by a newly established board of education candidate nomination commission.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding eight new sections to part IV to be appropriately designated and to read as follows:
"§302A-A Board of education; members. (a) The board of education shall consist of thirteen voting members. Pursuant to article X, section 2 of the state constitution, the voting members shall be appointed by the governor, with the advice and consent of the senate, from pools of qualified candidates presented to the governor by the board of education candidate nomination commission established under section 302A-F. At least twelve voting members shall represent and reside in the specified geographic areas as follows:
(1) Two members from the county of Hawaii;
(2) Two members from the county of Maui;
(3) One member from the county of Kauai; and
(4) Seven members from the city and county of Honolulu.
(b) The Hawaii state student council shall select a public high school student to serve as a nonvoting member on the board of education.
(c) The board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board, who shall serve for a two-year term without compensation. As the liaison to the board, the military representative shall advise the board regarding state education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel. The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, rules, regulations, and policies and may be removed only for cause by a majority vote of the members of the board.
§302A-B Departmental school districts. The departmental school districts shall be as follows:
(1) First departmental school district (Hawaii): the island of Hawaii comprised of the 1st through the 5th and a portion of the 6th (that portion found on the island of Hawaii) representative districts;
(2) Second departmental school district (Maui): the islands of Maui, Molokai (including the county of Kalawao), Lanai, and Kahoolawe comprised of a portion of the 6th (that portion found on the island of Maui) and the 7th through the 10th representative districts;
(3) Third departmental school district (Honolulu): that portion of the island of Oahu comprised of the 21st through the 41st representative districts;
(4) Fourth departmental school district (Central Oahu): that portion of the island of Oahu comprised of the 11th through the 14th and the 45th representative districts;
(5) Fifth departmental school district (Leeward Oahu): that portion of the island of Oahu comprised of the 42nd through the 44th, the 46th through the 48th and a portion of the 49th (that portion found on the island of Oahu) representative districts;
(6) Sixth departmental school district (Windward Oahu): that portion of the island of Oahu comprised of the 15th through the 20th representative districts; and
(7) Seventh departmental school district (Kauai): the islands of Kauai and Niihau comprised of a portion of the 49th (that portion found on the island of Kauai) and the 50th and 51st representative districts.
§302A-C Reapportionment. Upon the implementation of a new apportionment plan, the chief election officer, by proclamation issued no later than the tenth day prior to the close of filing in elections, shall designate the representative districts that comprise the departmental school districts described in section 302A-B to comply with the new districting scheme of such plan; provided that the departmental school districts designated shall cover areas similar to those described in section 302A-B.
§302A-D Board members; qualifications. No person shall be eligible for appointment to the board of education unless the person is a resident and registered voter of the county from which the person is to be appointed. No member of the board shall hold or be a candidate for any other public office under the state or county governments; nor shall a person be eligible for appointment to the board of education if that person is also a candidate for any other public office under the state or county government. The term "public office", for the purposes of this section, shall not include notaries public, reserve police officers, or officers of emergency organizations for civilian defense or disaster relief.
§302A-E Board members; terms, vacancies. (a) The term of office of members of the board shall be four years, commencing on July 1 and expiring on June 30; provided that the three members initially nominated by the members of the board of education candidate nomination committee who have been appointed by the speaker of the house of representatives, the president of the senate, and the governor shall serve for terms of two years. (b) Any vacancy that may occur through any cause other than the expiration of the term of office shall be filled in accordance with sections 17-6 and 302A-F.
§302A-F Board of education candidate nomination commission; establishment, duties. (a) There is established the board of education candidate nomination commission to present to the governor pools of qualified candidates from which the members of the board of education shall be nominated and appointed by the governor with the advice and consent of the senate. The candidate nomination commission shall establish the criteria for qualifying, screening, and presenting to the governor candidates for membership on the board of education. The candidate nomination commission shall be attached to the department of education for administrative purposes.
(b) Except as provided in subsection (c), within sixty days of convening its first meeting, the candidate nomination commission shall present no fewer than two and no more than four qualified candidates to the governor for each vacant seat on the board of education that has arisen due to resignation, death, or removal by the governor; provided that for all subsequent presentations to the governor, the candidate nomination commission shall present no fewer than two and no more than four candidates for each seat on the board of education to the governor within:
(1) Thirty days of a vacancy that arises by resignation, death, or removal by the governor; or
(2) One hundred twenty days prior to the expiration of a term.
(c) When there are multiple seats vacant within the same county, the candidate nomination commission shall present candidates for seats on the board of education to the governor as follows:
(1) For two seats from the same county, no fewer than four and no more than six candidates;
(2) For three seats from the same county, no fewer than five and no more than eight candidates; and
(3) For more than three seats, the candidate nomination commission shall determine appropriate minimum numbers of candidates, which shall provide for at least three candidates for the final seat, and maximum numbers of candidates.
(d) In making its presentations, the candidate nomination commission shall:
(1) Develop a statement that includes the selection criteria to be applied and a description of the responsibilities and duties of a member of the board of education and distribute this statement to potential candidates;
(2) Screen and qualify candidates for each position on the board of education based on their background, experience, and potential for discharging the responsibilities of a member of the board of education;
(3) Publicly advertise pending vacancies and actively solicit and accept applications from potential candidates;
(4) Develop and implement a fair, independent, and nonpartisan procedure for selecting candidates to serve on the board of education; and
(5) Require each candidate to disclose any existing or anticipated contracts with the department of education or any existing or anticipated financial transactions with the department of education.
Upon submission to the governor, presentations of the candidate nomination commission shall be made available to the public by the department of education.
(e) For each board seat to be filled, the governor shall select one nominee from among the candidate nomination commission's presentation within days of the presentation.
(f) Notwithstanding chapter 92F or any other law to the contrary, all information required by the board of education candidate nomination commission shall be confidential, including without limitation, all information obtained, reviewed, or considered before and after commission decision-making. Confidential candidate nomination commission information shall include documents, data, or other information that is not of public record, including without limitation, personal financial information; the names of applicants; applications and the personal, financial, and other information contained therein submitted by the applicants to the candidate nomination commission; interviews; schedules; reports; studies; background checks; credit reports; surveys and reports prepared for or on the candidate nomination commission's behalf; the results of any evaluations or assessments conducted by the candidate nomination commission; the substance and details of any discussions with candidate nomination commission members; and the substance and details of discussions and deliberations of the candidate nomination commission and any of its committees during meetings.
302A-G Board of education candidate nomination commission; members, terms, vacancies. (a) The candidate nomination commission shall consist of seven members to be appointed without regard to section 26-34 as follows:
(1) One member shall be appointed by the president of the senate;
(2) One member shall be appointed by the speaker of the house of representatives;
(3) One member shall be appointed by the governor;
(4) One member shall be appointed by the Hawaii State Teachers Association;
(5) One member shall be appointed by the Hawaii P-20 council;
(6) One member shall be the president of a school community council appointed by the superintendent of education; and
(7) One member shall be appointed by the chairperson of the executive council of the Hawaii state student council.
(b) Members of the candidate nomination commission shall be selected in a wholly nonpartisan manner. If any member has not been appointed within one hundred eighty days of the effective date of Act , Session Laws of Hawaii 2010, the sitting members on the candidate nomination commission shall make an interim appointment to fill the vacant seat. The interim appointee shall satisfy the requirements for appointment provided in this subsection and shall serve until the time when the appropriate appointing authority makes an appointment for the vacant seat as provided in this subsection. Appointees to the candidate nomination commission shall have a general understanding of the purposes, mission, and responsibilities of the board of education and the department of education. Appointees shall be individuals who are widely viewed as having placed the broad public interest ahead of special interests, having achieved a high level of prominence in their respective professions, and being respected members of the community.
(c) Members of the candidate nomination commission shall serve four-year terms; provided that the three members initially appointed by the governor, the president of the senate, and the speaker of the house of representatives shall serve for terms of two years; provided further that terms for appointments of the initial members of the candidate nomination commission shall be deemed to begin on July 1 following the effective date of Act , Session Laws of Hawaii 2010, regardless of the actual date of appointment.
(d) Members of the candidate nomination commission shall serve without compensation but shall be reimbursed for expenses, including travel, board, and lodging expenses, necessary for the performance of their duties.
(e) The candidate nomination commission shall operate in a wholly nonpartisan manner. No individual, while a member of the candidate nomination commission, shall run for or hold any elected office under the United States or the State or any of its political subdivisions.
(f) If a vacancy occurs, a successor shall be appointed in the same manner and subject to the same qualifications as the person's predecessor. The person appointed to fill a vacancy shall serve for the remainder of the term of the person's predecessor.
302A-H Board of education candidate nomination commission; meetings. The candidate nomination commission shall convene its first meeting on or after thirty-one days from the effective date of Act ; Session Laws of Hawaii 2010; provided that, if thirty days after the effective date of Act , Session Laws of Hawaii 2010, all the members to which the candidate nomination commission is entitled have not yet been appointed, the candidate nomination commission shall convene its first meeting upon the appointment of a majority of its members. The members of the candidate nomination commission shall choose a chairperson from among themselves. A majority of all the members to which the candidate nomination commission is entitled shall constitute a quorum to conduct business. The concurrence of a majority of all the members to which the candidate nomination commission is entitled shall be necessary to make any action of the candidate nomination commission valid. The candidate nomination commission shall meet annually and at other times as necessary. The candidate nomination commission shall be exempt from part I of chapter 92."
SECTION 3. Section 11-157, Hawaii Revised Statutes, is amended to read as follows:
"§11-157 In case of tie. In case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be decided by the chief election officer or county clerk in the case of county elections in accordance with the following procedure:
(1) In the case of an election involving a seat for
the senate, house of representatives, [board of education,] or county
council where only voters within a specified district are allowed to cast a
vote, the winner shall be declared as follows:
(A) For each precinct in the affected district, an election rate point shall be calculated by dividing the total voter turnout in that precinct by the total voter turnout in the district. For the purpose of this subparagraph, the absentee votes cast for the affected district shall be treated as a precinct. The election rate point shall be calculated by dividing the total absentee votes cast for the affected district by the total voter turnout in that district. All election rate points shall be expressed as decimal fractions rounded to the nearest hundred thousandth.
(B) The candidate with the highest number of votes in a precinct shall be allocated the election rate point calculated under subparagraph (A) for that precinct. In the event that two or more persons are tied in receiving the highest number of votes for that precinct, the election rate point shall be equally apportioned among those candidates involved in that precinct tie.
(C) After the election rate points calculated under subparagraph (A) for all the precincts have been allocated as provided under subparagraph (B), the election rate points allocated to each candidate shall be tallied and the candidate with the highest election rate point total shall be declared the winner.
(D) If there is a tie between two or more candidates in the election rate point total, the candidate who is allocated the highest election rate points from the precinct with the largest voter turnout shall be declared the winner.
(2) In the case of an election involving a federal office or an elective office where the voters in the entire State or in an entire county are allowed to cast a vote, the winner shall be declared as follows:
(A) For each representative district in the State or county, as the case may be, an election rate point shall be calculated by dividing the total voter turnout in that representative district by the total voter turnout in the state, county, or federal office district, as the case may be; provided that for purposes of this subparagraph:
(i) The absentee votes cast for a statewide, countywide, or federal office shall be treated as a separate representative district and the election rate point shall be calculated by dividing the total absentee votes cast for the statewide, countywide, or federal office by the total voter turnout in the state, county, or federal office district, as the case may be.
(ii) The overseas votes cast for any election in the State for a federal office shall be treated as a separate representative district and the election rate point shall be calculated by dividing the total number of overseas votes cast for the affected federal office by the total voter turnout in the affected federal office district. The term "overseas votes" means those votes cast by absentee ballots for a presidential election as provided in section 15-3.
All election rate points shall be expressed as decimal fractions rounded to the nearest hundred thousandth.
(B) The candidate with the highest number of votes in a representative district shall be allocated the election rate point calculated under subparagraph (A) for that district. In the event that two or more persons are tied in receiving the highest number of votes for that district, the election rate point shall be equally apportioned among those candidates involved in that district tie.
(C) After the election rate points calculated under subparagraph (A) for all the precincts have been allocated as prescribed under subparagraph (B), the election rate points allocated to each candidate shall be tallied and the candidate with the election rate point total shall be declared the winner.
(D) If there is a tie between two or more candidates in the election rate point total, the candidate who is allocated the highest election rate points from the representative district with the largest voter turnout shall be declared the winner."
SECTION 4. Section 11-195, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For purposes of this subpart, whenever a report is required to be filed with the commission, "filed" means electronically filed on the commission's electronic filing system by the date and time specified for the filing of the report by the:
(1) Candidate or the committee of a candidate who is seeking election to the:
(A) Office of governor;
(B) Office of lieutenant governor;
(C) Office of mayor;
(D) Office of prosecuting attorney;
(E) County council;
(F) Senate;
(G) House of representatives; or
(H) Office of Hawaiian affairs; or
[(I) Board of education; or]
(2) Noncandidate committee required to be registered with the commission pursuant to section 11-194."
SECTION 5. Section 11-209, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) From January 1 of the year of any primary, special, or general election, the total expenditures for each election for candidates who voluntarily agree to limit their campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone and all campaign treasurers and committees in the candidate's behalf, shall not exceed the following amounts expressed respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:
(1) For the office of governor--$2.50;
(2) For the office of lieutenant governor--$1.40;
(3) For the office of mayor--$2.00;
(4) For the offices of state senator, state representative, and county council member--$1.40; and
(5) For [the offices of the board of education and]
all other offices--20 cents."
SECTION 6. Section 11-218, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For [the board of education and]
all other offices, the maximum amount of public funds available to a candidate
shall not exceed $100 in any election year."
SECTION 7. Section 12-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Nomination papers for candidates for
members of Congress, governor, and lieutenant governor[, and the
board of education] shall be signed by not less than twenty-five registered
voters of the State or of the Congressional district [or school board
district] from which the candidates are running in the case of candidates
for the United States House of Representatives [or for the board of
education]."
SECTION 8. Section 17-6, Hawaii Revised Statutes, is amended to read as follows:
"§17-6 Board of education members.
(a) The governor shall make an appointment to fill any vacancy in the
membership of the board of education for the unexpired term of that vacancy [whenever
a vacancy occurs and the term of that vacancy ends at the time of the next
succeeding general election.] pursuant to section 302A-F.
[(b) In the case of a vacancy, the term of
which does not end at the next succeeding general election:
(1) If it occurs not later than on the
sixtieth day prior to the next succeeding general election, the vacancy shall
be filled for the unexpired term at the next succeeding general election. The
chief election officer shall issue a proclamation designating the election for
filling the vacancy. All candidates for the unexpired term shall file
nomination papers not later than 4:30 p.m. on the fiftieth day prior to the
general election (but if such day is a Saturday, Sunday, or holiday then not
later than 4:30 p.m. on the first working day immediately preceding) and shall
be elected in accordance with this title. Pending the election the governor
shall make a temporary appointment to fill the vacancy and the person so
appointed shall serve until the election of the person duly elected to fill
such vacancy.
(2) If it occurs after the sixtieth day
prior to the next succeeding general election, the governor shall make an
appointment to fill the vacancy for the unexpired term.]
[(c)] (b) All appointments made
by the governor under this section shall be made without consideration of the
appointee's party affiliation or preference or nonpartisanship, however the
persons so appointed shall meet the residency requirement specified in section [13-1.]
302A-D."
SECTION 9. Section 26-35.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) For
purposes of this section, "member" means any person who is appointed,
in accordance with the law, to serve on a temporary or permanent state board,
including members of the local school board of any charter school established
under chapter 302B, council, authority, committee, or commission, established
by law or [elected] appointed to the board of education, or the
board of trustees of the employees' retirement system under section 88-24, or
the corporation board of the Hawaii health systems corporation under section
323F-3 and its regional system boards under section 323F-3.5; provided that
"member" shall not include any person elected to serve on a board or
commission in accordance with chapter 11 [other than a person elected to
serve on the board of education]."
SECTION 10. Section 84-41, Hawaii Revised Statutes, is amended to read as follows:
"[[]§84-41[]]
Applicability of part. This part applies to legislators, [elected
members of the board of education,] trustees of the office of Hawaiian
affairs, the governor, the lieutenant governor, and executive department heads
and deputies. This part does not apply to any other officer or employee of the
State."
SECTION 11. Section 88-21, Hawaii Revised Statutes, is amended by amending the definitions of "elective officer" and "elective official" to read as follows:
""Elective officer" or
"elective official": any person elected to a public office or
appointed to fill a vacancy of an elective office, except as a delegate to a
constitutional convention [or member of the board of education], in
accordance with an election duly held in the State or counties under chapter
11; provided that the person receives compensation, pay, or salary for such
office."
SECTION 12. Section 302A-1101, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1101 Department of education;
board of education; superintendent of education. (a) There shall be a
principal executive department to be known as the department of education,
which shall be headed by an [elected] appointed policy-making
board to be known as the board of education. The board shall have power in
accordance with law to formulate statewide educational policy, adopt student
performance standards and assessment models, monitor school success, and to
appoint the superintendent of education as the chief executive officer of the
public school system.
(b) The board shall appoint, and may remove, the superintendent by a majority vote of its members. The superintendent:
(1) May be appointed without regard to the state residency provisions of section 78-1(b);
(2) May be appointed for a term of up to four years; and
(3) May be terminated only for cause.
[(c) The board shall invite the senior
military commander in Hawaii to appoint a nonvoting military representative to
the board, who shall serve for a two-year term without compensation. As the
liaison to the board, the military representative shall advise the board
regarding state education policies and departmental actions affecting students
who are enrolled in public schools as family members of military personnel.
The military representative shall carry out these duties as part of the
representative's official military duties and shall be guided by applicable
state and federal statutes, regulations, and policies and may be removed only
for cause by a majority vote of the members of the board.
(d)] (c) The board shall appoint
the charter school review panel, which shall serve as the charter authorizer
for charter schools, with the power and duty to issue charters, oversee and
monitor charter schools, hold charter schools accountable for their performance,
and revoke charters."
SECTION 13. Chapter 13, Hawaii Revised Statutes, is repealed.
SECTION 14. Notwithstanding the requirements of section 302-E, Hawaii Revised Statutes, the terms of the members of the board of education that expire on November 4, 2014, pursuant to section 302A-E, Hawaii Revised Statutes, shall instead expire on June 30, 2012, upon the effective date of this Act.
SECTION 15. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 16 Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 17. This Act shall take effect upon its approval and upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
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INTRODUCED BY: |
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Report Title:
Board of Education; Candidate Nomination Commission
Description:
Establishes the board of education candidate nomination commission to nominate candidates for the board of education to be appointed by the governor.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
