Bill Text: HI SB2579 | 2010 | Regular Session | Amended
Bill Title: Education; Extended Learning Opportunities Program; Appropriation
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-02-12 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2579 Detail]
Download: Hawaii-2010-SB2579-Amended.html
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THE SENATE |
S.B. NO. |
2579 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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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. After-school activities can provide young people with a positive alternative to spending time on the streets or being home alone in the afternoons. There is a growing body of research indicating that high-quality after‑school programs can reduce risk-taking behaviors, provide positive developmental opportunities, and improve the academic performance of students, particularly those at risk of academic failure.
In recent years there has been explosive growth of comprehensive extended learning programs in many schools, districts, and states. This growth can be partially attributed to the development of challenging standards for all students, creating the need to provide additional time and opportunity for those who are struggling academically. Students who benefit from extended learning programs typically have both parents working or have single parents, resulting in young people left without adult contact or supervision at home following the regular school day.
The purpose of this Act is to create an extended learning opportunities program in the public schools.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A‑ Extended learning opportunities program; establishment, facilities, fees, compensation of instructors and coaches. (a) The department shall establish an extended learning opportunities program, which shall be separate from after-school and weekend community-school activities and programs established under section 302A‑408. The purpose of the extended learning opportunities program is to provide to public school students of all grades opportunities to expand student learning and participate in a variety of extracurricular activities that reduce risk-taking behaviors, provide positive developmental opportunities, and improve the academic performance of students.
The department shall allow nonprofit organizations and public-private partnerships to promote, fund, and sponsor extended learning opportunities. Private entities, whether nonprofit or for-profit, operating an extended learning opportunity under this section shall be exempt from chapters 89 and 103D.
(b) The department may enter into agreements and contracts with individuals, organizations, and agencies for the use of public school buildings, facilities, and grounds for the operation of extended learning opportunities. The department shall adopt rules, pursuant to chapter 91, necessary to carry out the purposes of this section and may issue licenses, revocable permits, concessions, and rights of entry to school buildings and grounds for periods of use as deemed appropriate by the department for the purposes of this section.
(c) In addition to any appropriation of public funds, reasonable fees established by the board may be collected from students enrolled in extended learning opportunities, in furtherance of the extended learning opportunities program.
(d) Athletic coaches, instructors, and persons responsible for operating extended learning opportunities established under this section shall be compensated at rates to be determined by the board, and shall be deemed state employees in determining the liability of the State for the negligent acts of these persons while engaged in the performance of duty under this section.
(e) For purposes of this section, "extended learning opportunities" means extracurricular programs that directly contribute to the department of education's general learner outcomes:
(1) The ability to be responsible for one's own learning;
(2) The understanding that it is essential for human beings to work together;
(3) The ability to be involved in complex thinking and problem solving;
(4) The ability to recognize and produce quality performance and quality products;
(5) The ability to communicate effectively; and
(6) The ability to use a variety of technology effectively and ethically,
and shall include but not be limited to before-school, after‑school, weekend, and summer academic and athletic programs."
SECTION 3. Section 302A-408, Hawaii Revised Statutes, is amended to read as follows:
"§302A-408 After-school and weekend programs. The department and the appropriate county agencies may establish and regulate programs of after-school and weekend community-school activities for children, including but not limited to child-care programs, arts and crafts, hula, ukulele, and other recreational projects, wherever feasible, at public school and public park facilities. The programs or activities established under this section shall be separate from extended learning opportunities under the extended learning opportunities program, established under section 302A‑ . In addition to any appropriation of public funds, reasonable fees established by the agencies operating the programs may be collected from children enrolled, in furtherance of particular programs. The appropriate agencies may obtain from time to time the services of persons in a voluntary or unpaid capacity, exempt from chapter 76, as may be necessary for carrying out the purposes of this section, and may regulate their duties, powers, and responsibilities when not otherwise provided by law. Any person whose services have been so accepted, while engaged in the performance of duty under this section, shall be deemed a state employee or an employee of a political subdivision, as the case may be, in determining the liability of the State or the political subdivision for the negligent acts of these persons."
SECTION 4. Section 302A-1148, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1148[]] Use of
school facilities for recreational and community purposes. All public
school buildings, facilities, and grounds shall be available for general
recreational purposes, extended learning opportunities established under
section 302A‑ , and for public and community use, whenever
these activities do not interfere with the normal and usual activities of the
school and its pupils. Any other law to the contrary notwithstanding, the
department shall adopt rules under chapter 91 as are deemed necessary to
carry out the purposes of this section and may issue licenses, revocable
permits, concessions, or rights of entry to school buildings and grounds for
such periods of use as deemed appropriate by the department. All such
dispositions, including those in excess of fourteen days, need not be approved
by the board of land and natural resources; provided that approval by the board
of land and natural resources shall be required when the dispositions are for
periods in excess of a year. The department may assess and collect fees and
charges from the users of school buildings, facilities, grounds, and
equipment. The fees and charges shall be deposited into a separate fund and
expended by the department under rules as may be adopted by the board."
SECTION 5. Section 302A-1148.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1148.5[]] Use
of school grounds; assumption of risk. Any person who enters school
grounds for the purpose of using the school's grounds, facilities, or equipment
for recreational purposes, and who is not a student or member of the faculty or
administration of that school, is deemed to assume the risk of liability for
any injuries or death resulting from the use of the grounds, facilities, or
equipment. This assumption of risk shall not apply if:
(1) The person is an invitee or licensee to whom a
duty of care is owed by the school; provided that the person has received prior
written authorization from the school principal or other responsible person to
use the school's grounds, facilities, or equipment; [or]
(2) The person is a student participating in an extended learning opportunities program or is an athletic coach, instructor, or person responsible for operating an extended learning opportunities program established under section 302A‑ ; or
[(2)] (3) The injuries or death were
caused by wilful or wanton misconduct, including but not limited to the wilful
or malicious failure to guard or warn against a dangerous condition, use, or
structure which was knowingly created or perpetuated, and wilful or malicious
failure to guard or warn against a dangerous activity which was knowingly
perpetuated."
SECTION 6. 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 2010-2011 to establish an extended learning opportunities program in the department of education.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval; provided that section 6 shall take effect on July 1, 2010.
Report Title:
Education; Extended Learning Opportunities Program; Appropriation
Description:
Establishes an extended learning opportunities program within the department of education. Allows nonprofits and public-private partnerships to operate extended learning opportunities. Appropriates funds to establish the program. Makes unspecified appropriation. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
