Bill Text: HI SB2586 | 2016 | Regular Session | Introduced
Bill Title: Schools Our Keiki Deserve Act; Education; Air Conditioning; Teachers; Testing; Evaluations; Supplies; Salaries; Class Size; General Excise Tax; Student Loan Subsidy Program; Special Fund; Appropriations ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-17 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2586 Detail]
Download: Hawaii-2016-SB2586-Introduced.html
THE SENATE |
S.B. NO. |
2586 |
TWENTY-EIGHTH LEGISLATURE, 2016 |
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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:
PART I. SCHOOLS OUR KEIKI DESERVE ACT
SECTION 1. This Act shall be known and may be cited as the Schools Our Keiki Deserve Act.
PART II. WHOLE CHILD EDUCATION
SECTION 2. The legislature finds that whole child education promotes creative thinking and improves academic achievement across subject areas. A 2014 Harvard Graduate School of Education study indicated that an education in music and drama contributes to an increase in verbal achievement and spatial reasoning. In 2013, researchers in the Department of Education Reform at the University of Arkansas similarly found that instruction in visual arts led to gains in critical thinking skills.
The legislature further finds that place-based curricula immerses students in the culture, history, and heritage of local communities and encourages students to apply cultural content to local community experiences. Hawaii has a unique history as a former sovereign nation and several communities face problems dealing with the legacy of annexation, including a higher risk of poverty and lower levels of academic achievement for native Hawaiians. Place-based education is essential to provide students with the skills necessary to solve community problems.
The purpose of this part is promote creative thinking, self-directed learning, and cultural understanding by requiring public school students in all grade levels to receive whole child education.
SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Whole child education. (a) Beginning with the 2017-2018 school year, all public elementary schools shall allocate per cent of all student hours to whole child education and all public middle and intermediate schools shall allocate per cent of all student hours to whole child education.
(b) For the purposes of this section:
"Student hours" has the same meaning as in section 302A‑251.
"Whole child education" means instruction in visual arts, music, theatre, dance, Hawaiian and Polynesian studies, Hawaiian language, native Hawaiian culture, native Hawaiian traditional and customary practices, and physical education."
PART III. SPECIAL EDUCATION
SECTION 4. The legislature finds that special education services, including academic, speech-language, psychological, physical and occupational, and counseling accommodations, meet the unique needs of students with disabilities. Governed by federal and state regulations, special education services are available to eligible students ages three to twenty-two who demonstrate a need for specially designed instruction.
The legislature further finds that based on statewide assessments, most of the State's public school students with individualized education programs are performing below grade level in reading and mathematics. In the 2013-2014 academic year, only twenty-two per cent were proficient in reading and fifteen per cent were proficient in math. Moreover, between the 2004-2005 and 2013-2014 academic years, the achievement gap between special education students and general education students increased to 48.2 per cent in reading and 48.8 per cent in math, an approximate ten per cent change in reading and twenty-seven per cent change in math.
The legislature additionally finds that a decrease in the workload of special education teachers and additional funding for classroom materials will increase learning growth and improve achievement results for special education students. The purpose of this part is to provide support for special education teachers and students by providing special education teachers with additional preparation time and funds for instructional materials.
SECTION 5. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Special education; preparation hours; instructional materials and equipment. (a) In addition to planning time and preparation periods specified in any collectively bargained agreement negotiated for bargaining unit (5), special education teachers shall have at least forty hours per year to use, at the discretion of the teacher, for the completion of individualized education programs.
(b) Special education teachers shall not be required to interact with students when using additional preparation time pursuant to this section.
(c) Special education teachers shall receive a reimbursement of up to $1,690 annually to purchase, at their discretion, instructional materials and equipment that support special education student learning."
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $3,726,450 or so much thereof as may be necessary for fiscal year 2016-2017 to provide each special education teacher with a reimbursement of up to $1,690 for instructional materials and equipment to support special education student learning.
The sum appropriated shall be expended by the department of education for the purposes of this part.
PART IV. VOCATIONAL EDUCATION
SECTION 7. The legislature finds that vocational, technical, and career pathway programs equip students with the skills necessary for in-demand jobs within the modern labor market. Linking education with real-world activities, the programs emphasize innovation within high-growth industries and provide students with opportunities to explore career options.
The purpose of this part is to expand vocational, technical, and career pathway programs by ensuring that all public high schools provide secondary school students with access to vocational, technical, and career pathway programs.
SECTION 8. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Vocational, technical, and career pathway programs; secondary schools. (a) Beginning with the 2020-2021 school year, at least one secondary school in each school complex area shall provide students with the opportunity to participate in a vocational, technical, and career pathway program. Students who successfully complete all course requirements of a vocational, technical, or career pathway program, including all graduation requirements, shall be recognized by the department.
(b) A student participating in a public secondary school's vocational, technical, or career pathway program may complete up to fifty per cent of the student's graduation requirements in vocational, technical, or career pathway courses.
(c) At any secondary school offering a vocational, technical, and career pathway program, grade nine students may be given the opportunity to earn credit in a course that describes and explains the school's vocational, technical, or career pathway program.
(d) Secondary students participating in a vocational, technical, or career pathway program may complete a for-credit internship or apprenticeship in grade twelve, subject to department approval and review. The department shall develop criteria for qualified individuals and businesses to provide internship and apprenticeship opportunities to students.
(e) Secondary students shall have the opportunity to participate in a vocational, technical, or career pathway program in any complex area, subject to departmental approval.
(f) Vocational, technical, and career pathway programs may include courses in core content areas. Dual credit may be given for graduation requirements and vocational, technical, and career pathway program requirements.
(g) Teachers providing instruction in vocational, technical, or career pathway programs at any secondary school shall be highly qualified.
(h) Teachers who are certified and licensed to teach in a vocational, technical, or career pathway program shall receive annually up to $1,500 to purchase, at their discretion, instructional materials and equipment to support student learning."
SECTION 9. 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 2016-2017 to provide up to $1,500 to each vocational, technical, or career pathway program teacher for instructional materials and equipment to support student learning.
The sum appropriated shall be expended by the department of education for the purposes of this part.
PART V. FACILITIES
SECTION 10. The legislature finds that studies indicate an achievement gap that is as high as seventeen per cent between air-conditioned and non-air-conditioned classrooms. On average, Hawaii's public school classrooms are over sixty-five years old and do not have the necessary electrical infrastructure to support traditional air conditioning technology. The department of education recently estimated that the cost to provide air conditioning would be approximately $110,000 per classroom.
The legislature further finds that available energy efficient technology, including off-grid and photovoltaic technology, will reduce the electrical burden and cost of classroom cooling. Employing a combination of on-grid, off-grid, and photovoltaic technology may reduce the per classroom cost of air conditioning to $20,000, or a total of $140,000,000 for the seven thousand classrooms currently in need of air conditioning.
The purpose of this part is to provide energy-efficient air conditioning to all public school classrooms within five years and funding for charter school facility projects.
SECTION 11. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Classroom climate control and cooling. (a) Beginning with the 2016-2017 school year, the department shall develop a plan to air condition public schools that includes a mix of technologies, including off-grid technology, photovoltaic technology, and split air conditioning units.
(b) Beginning with the 2017-2018 school year, the department shall develop a master plan to provide air conditioning to all public school classrooms that meet or exceed a temperature of ninety degrees Fahrenheit, including a list of priority schools to receive air conditioning by the 2018-2019 school year.
(c) No later than the 2019-2020 school year, the department shall provide air conditioning to at least fifty per cent of public school classrooms that meet or exceed a temperature of ninety degrees Fahrenheit.
(d) No later than the 2021-2022 school year, the department shall provide air conditioning to all public school classrooms that meet or exceed a temperature of ninety degrees Fahrenheit."
SECTION 12. 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 2016-2017 for the initiation and expansion of projects that demonstrate efficient methods to air condition public school facilities including but not limited to photovoltaic and off-grid technology.
The sum appropriated shall be expended by the department of education for the purposes of this section.
SECTION 13. The director of finance is authorized to issue general obligation bonds in the sum of $ or so much thereof as may be necessary and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2016-2017 for the purpose of funding public school air conditioning projects.
The sum appropriated shall be expended by the department of education for the purposes of this section.
SECTION 14. The appropriation made for capital improvement projects authorized by this part shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided that all moneys from the appropriation in section 15 that are unencumbered as of June 30, 2018, shall lapse as of that date.
SECTION 15. There is appropriated out of the general revenues of the State of Hawaii the sum of $10,000,000 or so much thereof as may be necessary for fiscal year 2016-2017 for the state public charter school commission for charter schools facility projects based, in part, on the need and performance of the charter schools; provided that moneys shall only be expended on property owned by the State.
The sum appropriated shall be expended by the state public charter school commission for the purposes of this section.
PART VI. WEIGHTED STUDENT FORMULA
SECTION 16. The purpose of this part is to improve funding and staffing equity in public schools.
SECTION 17. Section 302A-1303.5, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1303.5 Committee on weights. (a) There is established within the department of education the committee on weights to develop a weighted student formula pursuant to section 302A-1303.6. The committee may:
(1) Create a list of [student characteristics]
factors that will be weighted[;], including but not limited to
student characteristics, enrollment trends, and class size;
(2) Create a system of weights based upon the student characteristics that may be applied to determine the relative cost of educating any student;
(3) Determine specific student weights, including their unit value;
(4) Determine which moneys shall be included in the amount of funds to be allocated through the weighted student formula;
(5) Recommend a weighted student formula to the board of education;
(6) Perform any other function that may facilitate the implementation of the weighted student formula; and
(7) Meet not less than once every odd-numbered year, to review the weighted student formula and, if the committee deems it necessary, recommend a new weighted student formula for adoption by the board of education.
(b) When developing the weighted student formula, the committee shall incorporate the following:
(1) Weights to account for necessary special education teachers and special education support staff;
(2) Weights to account for anticipated enrollment increases and associated facility concerns; and
(3) Weights to reduce class size at each grade level.
[(b)] (c) The composition of the
committee on weights shall be determined by the board of education based on
recommendations from the superintendent of education and dean of the University
of Hawaii at Manoa college of education and shall include principals, regular
education teachers, special education teachers, and other members
with the appropriate professional skills, experiences, and qualifications
needed to facilitate the work of the committee. The superintendent or the
superintendent's designee shall chair the committee on weights.
[(c)] (d) The committee on
weights may form advisory subcommittees to obtain input from key stakeholders
as determined necessary by the committee.
[(d)] (e) The members of the
committee on weights shall serve at the pleasure of the board of education and
shall not be subject to section 26-34. Members of the committee on weights
shall serve without compensation but shall be reimbursed for expenses,
including travel expenses, necessary for the performance of their duties."
SECTION 18. Section 302A-1303.6, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1303.6 Weighted student formula[.];
specialized positions. (a) Based upon recommendations from the
committee on weights, the board of education may adopt a weighted student
formula for the allocation of moneys to public schools that takes into account
the educational needs of each student. The department, upon the receipt of
appropriated moneys, shall use the weighted student formula to allocate funds
to public schools. Principals, in consultation with teachers and school
community councils, shall expend moneys provided to the principals'
schools. This section shall only apply to charter schools for fiscal years in
which the charter schools elect pursuant to section 302D-29 to receive
allocations according to the procedures and methodology used to calculate the
weighted student formula allocation.
(b) Remote schools and other schools designated by the committee on weights shall not be allocated operating funds using the weighted student formula and shall instead be allocated operating funds by categorical allotments that guarantee the funding of a minimum number of instructional and support staff positions to ensure that at least minimum course requirements are maintained; provided that instructional positions shall not be combined with support staff positions.
(c) Beginning with the 2020-2021 school year, each public school with more than twenty-five students shall hire at least one librarian or library media specialist, technology coordinator, vice principal, and counselor; and each secondary school shall hire a special education transition coordinator. For schools at which these positions are vacant or do not exist, additional moneys shall be provided through the weighted student formula to carry out the requirements of this subsection.
(d) For the purposes of this section, "remote school" means any public school, except charter schools governed by chapter 302D, that is located at least a one-hour drive away from the next nearest public school offering the same grade levels, or located on the island of Lanai, Molokai, or Niihau; provided that if a high school is combined with an elementary, middle, intermediate, or other lower level of schooling, that entire school shall be deemed a high school for the purposes of this subsection."
PART VII. STANDARDIZED TESTING
SECTION 19. The legislature finds that following the enactment of the No Child Left Behind Act of 2001 and Race to the Top program in 2009, teachers in Hawaii have been forced to shift their focus from teaching to testing. Excessive use of standardized tests is counterproductive as it results in teachers spending more time preparing students to take tests and less time educating, while students spend more time taking tests and less time learning.
A 2014 National Education Association study indicates that seventy-two per cent of teachers feel considerable pressure to improve test scores. Over half of the teachers surveyed reported spending too much time on testing and test preparation, with the average teacher spending approximately thirty per cent of their time on tasks related to standardized tests. At the same time, a 2014 PDK/Gallup poll found that only thirty-one per cent of parents support using standardized test scores to evaluate teachers.
The purpose of this part is to minimize the negative effects of standardized testing by limiting student participation in standardized tests, prohibiting the use of standardized test scores for evaluation purposes, authorizing standardized testing exemptions, and requiring the board of education to provide notice of the right to opt-out of standardized testing.
SECTION 20. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Standardized testing limitations; exemptions; opt-out. (a) No public school student shall be required to attend more than three testing days in a school year.
(b) The department shall not use standardized test results for the purpose of assessing the performance of any public school.
(c) Standardized testing shall not be used to rate a school as recognition, continuous improvement, focus, priority, superintendent's zone, or any other similar designation as determined by the department.
(d) Standardized testing shall not be used to evaluate teachers or educational officers, including in any evaluation performed under section 302A-638.
(e) At a teacher's request, the department may exempt a special education student or student with limited English proficiency from participating in a statewide standardized test.
(f) Not more than ten days after the beginning of each school year, the department shall notify students and their parents or guardians that a student has the right to opt-out of participating in statewide standardized testing.
(g) For the purposes of this section, "testing day" shall mean a day in which a student spends three or more hours taking standardized tests."
PART VIII. CLASSROOM SUPPLIES
SECTION 21. The legislature finds that in a survey conducted by the Hawaii State Teachers Association, forty-seven per cent of respondents cited annual personal expenditures between $250 and $500 on classroom supplies, with many claiming expenditures in excess of $1,000. The purpose of this part is to establish a debit card system for purchasing school and classroom supplies.
SECTION 22. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Purchase of classroom and curriculum supplies; debit card system. (a) The department shall establish and manage at each individual public school a debit card system for the purpose of purchasing classroom and curriculum supplies.
(b) The department shall authorize debit card purchases to be made at any vendor or business that sells school supplies; provided that debit card purchases shall be exempt from chapter 103D.
(c) The department may contract the services of another entity to provide debit cards or any related services that may be required pursuant to this section."
SECTION 23. 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 2016-2017 for the implementation of a debit card system based at the each public school.
The sum appropriated shall be expended by the department of education for the purposes of this part.
PART IX. TEACHER RECRUITMENT AND RETENTION
SECTION 24. The legislature finds that approximately ten per cent of the State's teachers switch schools, relocate, or leave the profession each year. Only fifty to sixty per cent of current teachers have been at their school for five years or more. Chronic teacher turnover forces the department of education to rely on emergency hires and substitute teachers to fill vacancies.
The legislature further finds that teacher recruitment and retention is especially difficult for poor and hard-to-staff communities, where as few as fifty-six per cent of teachers are highly qualified. Comparatively, ninety-three per cent of teachers statewide are highly qualified. Nationwide, fifty-six per cent of teachers have an advanced degree, while only thirty-six per cent of Hawaii's teachers have an advanced degree.
The legislature additionally finds that Hawaii's high cost of living is a significant contributing factor in the department of education's teacher recruitment and retention efforts. According to a WalletHub study, the State ranked fifty-first out of fifty states and the District of Columbia for starting teacher salary and median teacher salary adjusted for cost of living.
The purpose of this part is to improve teacher recruitment and retention by requiring annual salary step increases for all public school teachers who complete a year's service, appropriating funds to align teacher salary steps with years of service throughout the department of education, and establishing a student loan subsidy program to provide student loan repayment assistance to special education and vocational education teachers.
SECTION 25. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A-A Student loan subsidy program; establishment; administration. (a) There is established within the department, for administrative purposes only, the student loan subsidy program to provide financial support to teachers who agree to teach in the State for at least three years and provide instruction in the following content areas:
(1) Special education; and
(2) Vocational education, technical education, or career pathway programs.
(b) The department may award a student loan subsidy to any eligible teacher who submits an application to the department; provided that a student loan subsidy shall not exceed $10,000 per applicant and a subsidy shall only be used for the repayment of federal, state, or private student loans.
(c) Eligibility shall be determined by the department on a competitive basis and shall be based on need; provided that each applicant shall meet all of the following requirements:
(1) Show proof of employment in an approved content area;
(2) Comply with any conditions placed on the subsidy by the department; and
(3) Demonstrate financial need for a student loan subsidy to the extent required by the department.
(d) Upon awarding a student loan subsidy, the department shall monitor and verify a teacher's eligibility and fulfillment of all work requirements pursuant to this section.
(e) If a teacher terminates employment in a qualifying content area during the academic year in which a student loan subsidy is received, the teacher shall notify the department in writing and shall return any unused portion of the subsidy. Returned amounts shall be used by the department to provide other subsidies under this section.
(f) Subsidies awarded by the department shall be limited to funds contained in the student loan subsidy program special fund under section 302A-B.
(g) The department shall adopt policies and procedures in accordance with chapter 91 to implement the program; provided that the department shall be exempt from the public notice and public hearing requirements of chapter 91 with regard to this section."
SECTION 26. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A-B Student loan subsidy program special fund. (a) There is established within the state treasury a special fund to be known as the student loan subsidy program special fund, into which shall be deposited all appropriations made by the legislature, private contributions, and moneys from other sources.
(b) Necessary administrative expenses to carry out this section shall not exceed five per cent of the total amount of funds.
(c) All moneys remaining in the student loan subsidy program special fund at the close of each fiscal year shall remain in the fund and shall not lapse to the credit of the general fund."
SECTION 27. Section 302A-626, Hawaii Revised Statutes, is amended to read as follows:
"§302A-626 Salary increases; annual,
longevity. (a) Teachers and educational officers who have completed a [year's
satisfactory] year of service and who have complied with the other
requirements of sections 302A-602 [to 302A-639,] and [302A-701,]
302A-605 shall [be entitled to] receive an annual [increment.]
step increase. No teacher at the highest step within the teacher's
classification shall be entitled to receive an annual step increase pursuant to
this subsection.
(b) Teachers and educational officers who have
served [satisfactorily] for three years in their maximum increment step
or in any longevity step and who have complied with the other requirements of
sections 302A-602 [to 302A-639,] and [302A-701,] 302A-605
shall receive longevity step increases; provided that the board may grant
principals and vice-principals longevity step increases more frequently than
once every three years pursuant to section 302A-625."
SECTION 28. 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 2016-2017 to align teacher salary steps with current years of service throughout the department of education.
The sum appropriated shall be expended by the department of education for the purposes of this part.
SECTION 29. There is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2016-2017 for deposit into the student loan subsidy program special fund established pursuant to section 27 of this Act.
The sum appropriated shall be expended by the department for the purposes of this part.
SECTION 30. There is appropriated out of the student loan subsidy program special fund the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for the student loan subsidy program.
The sum appropriated shall be expended by the department of education for the purposes of this part.
PART X. EARLY CHILDHOOD EDUCATION
SECTION 31. The purpose of this part is to appropriate funds to the executive office on early learning for the early learning public prekindergarten program and make the program available to all eligible children by the 2020-2021 school year.
SECTION 32. Section 302L-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The program shall serve children in
the year prior to the year of kindergarten eligibility, with priority extended
to underserved or at-risk children, as defined in section 302L‑1[.];
provided that no later than the 2020-2021 school year, the program shall be
available to all children in the year prior to the year of kindergarten
eligibility. The department of education may grant geographic exceptions
for children to attend prekindergarten outside their assigned service area, as
the department of education deems appropriate; provided that the department of
education shall grant a request for geographic exception to attend a prekindergarten
in another service area if the request is based on the employment location of
the parent or guardian of the student."
SECTION 33. 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 2016-2017 for the early learning public prekindergarten program.
The sum appropriated shall be expended by the executive office on early learning for the purposes of this part.
PART XI. EVALUATIONS
SECTION 34. The purpose of this part is to require the department of education to consult with exclusive representatives of appropriate bargaining units in establishing an evaluation program for teachers and educational officers, establish that a teacher or educational officer shall not be responsible for the achievement of a student who is chronically absent, and prohibit a department of education evaluation program from affecting the compensation or employment status of any teacher or educational officer.
SECTION 35. Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Student achievement" means the change in performance for an individual student between two or more school years."
SECTION 36. Section 302A-638, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-638[]]
Evaluation of teachers and educational officers. (a) The
department shall establish an evaluation program for all teachers and
educational officers[. The evaluation shall be performed at least once in
each school year.] in consultation with the exclusive representatives of
the appropriate bargaining units. The program shall define the criteria
for evaluation and assign responsibilities for the application of the
criteria. [The evaluation of a teacher or educational officer shall be on
the basis of efficiency, ability, and such other criteria as the department
shall determine.]
(b) A teacher or educational officer shall not be responsible for the student achievement of an enrolled student who misses ten or more days of instruction in two or more consecutive months, or whose non-attendance is chronic and has become a significant factor that hinders the student's learning.
(c) An evaluation performed in compliance with this section shall not be used to determine the compensation or employment status of a teacher or educational officer, unless otherwise specified in a collective bargaining agreement negotiated pursuant to chapter 89."
PART XII. CLASS SIZE
SECTION 37. The legislature finds that the United States Department of Education's Institute of Education Sciences has concluded that class size reduction is one of only four evidence-based reforms proven to increase student achievement. Experiments in Tennessee, Wisconsin, and other states have demonstrated that students in smaller classes score better on standardized tests, receive better grades, and exhibit improved attendance. Moreover, the students benefiting the most from smaller class sizes are often from poor and minority backgrounds and these students experience twice the achievement gains compared to other students.
The legislature further finds that a United States Department of Education study analyzed the achievement of students in 2,561 schools across the nation by their performance on the National Assessment of Educational Progress exams. After controlling for student background, the only objective factor that correlated with higher test scores was class size.
The purpose of this part is to increase student achievement through the reduction of class size in all grade levels.
SECTION 38. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Class size in public schools. (a) Beginning with the 2020-2021 school year, excluding charter schools, no public elementary school class shall exceed an enrollment of twenty students.
(b) Beginning with the 2020-2021 school year, excluding charter schools, no public secondary school class shall exceed an enrollment of twenty-six students.
(c) Beginning with the 2020-2021 school year, enrollment in a fully self-contained class at an elementary school shall not exceed four students.
(d) Beginning with the 2020-2021 school year, enrollment in an inclusion class at an elementary school shall not exceed fifteen students.
(e) Beginning with the 2020-2021 school year, enrollment in a fully self-contained class at a secondary school shall not exceed six students.
(f) Beginning with the 2020-2021 school year, enrollment in an inclusion class at a secondary school shall not exceed twenty students.
(g) Beginning with the 2020-2021 school year, enrollment in a content-based English language learning class at an elementary school shall not exceed fifteen students.
(h) Beginning with the 2020-2021 school year, enrollment in a content-based English language learning class at a secondary school shall not exceed twenty students.
(i) The total number of students in all classes for which a teacher is responsible in any school year shall not exceed one hundred and fifty students.
(j) This section shall not apply to any class that provides instruction in band, orchestra, choir, or theatre.
(k) A school principal may waive the class size restrictions established under this section to provide course offerings to an incoming transfer student or to allow a high school senior to complete a course required for graduation.
(l) The board shall amend any board policies related to class size, pursuant to the class size ratio established in this section.
(m) For the purposes of this section:
"Content-based English language learning class" means any class providing instruction only to students with limited English language proficiency.
"Fully self-contained class" means any class that provides instruction only to special education students.
"Inclusion class" means any class that provides instruction to both general education and special education students."
PART XIII. FUNDING
SECTION 39. The purpose of this part is to increase funding for public education in Hawaii by:
(1) Raising the general excise tax by one per cent;
(2) Depositing all additional revenue collected from the general excise tax increase into a special account in the general fund for department of education operations, including salaries and maintenance costs; and
(3) Requiring moneys budgeted for the department of education from sources of funding other than the special account, including capital improvement projects, to remain equal to or greater than an inflation-adjusted minimum level of funding for each subsequent fiscal year.
SECTION 40. Section 237-13, Hawaii Revised Statutes, is amended to read as follows:
"§237-13 Imposition of tax. There is hereby levied and shall be assessed and collected annually privilege taxes against persons on account of their business and other activities in the State measured by the application of rates against values of products, gross proceeds of sales, or gross income, whichever is specified, as follows:
(1) Tax on manufacturers.
(A) Upon every person engaging or continuing within the State in the business of manufacturing, including compounding, canning, preserving, packing, printing, publishing, milling, processing, refining, or preparing for sale, profit, or commercial use, either directly or through the activity of others, in whole or in part, any article or articles, substance or substances, commodity or commodities, the amount of the tax to be equal to the value of the articles, substances, or commodities, manufactured, compounded, canned, preserved, packed, printed, milled, processed, refined, or prepared for sale, as shown by the gross proceeds derived from the sale thereof by the manufacturer or person compounding, preparing, or printing them, multiplied by one-half of one per cent.
(B) The measure of the tax on manufacturers is the value of the entire product for sale, regardless of the place of sale or the fact that deliveries may be made to points outside the State.
(C) If any person liable for the tax on manufacturers ships or transports the person's product, or any part thereof, out of the State, whether in a finished or unfinished condition, or sells the same for delivery to points outside the State (for example, consigned to a mainland purchaser via common carrier f.o.b. Honolulu), the value of the products in the condition or form in which they exist immediately before entering interstate or foreign commerce, determined as hereinafter provided, shall be the basis for the assessment of the tax imposed by this paragraph. This tax shall be due and payable as of the date of entry of the products into interstate or foreign commerce, whether the products are then sold or not. The department shall determine the basis for assessment, as provided by this paragraph, as follows:
(i) If the products at the time of their entry into interstate or foreign commerce already have been sold, the gross proceeds of sale, less the transportation expenses, if any, incurred in realizing the gross proceeds for transportation from the time of entry of the products into interstate or foreign commerce, including insurance and storage in transit, shall be the measure of the value of the products;
(ii) If the products have not been sold at the time of their entry into interstate or foreign commerce, and in cases governed by clause (i) in which the products are sold under circumstances such that the gross proceeds of sale are not indicative of the true value of the products, the value of the products constituting the basis for assessment shall correspond as nearly as possible to the gross proceeds of sales for delivery outside the State, adjusted as provided in clause (i), or if sufficient data are not available, sales in the State, of similar products of like quality and character and in similar quantities, made by the taxpayer (unless not indicative of the true value) or by others. Sales outside the State, adjusted as provided in clause (i), may be considered when they constitute the best available data. The department shall prescribe uniform and equitable rules for ascertaining the values;
(iii) At the election of the taxpayer and with the approval of the department, the taxpayer may make the taxpayer's returns under clause (i) even though the products have not been sold at the time of their entry into interstate or foreign commerce; and
(iv) In all cases in which products leave the State in an unfinished condition, the basis for assessment shall be adjusted so as to deduct the portion of the value as is attributable to the finishing of the goods outside the State.
(2) Tax on business of selling tangible personal property; producing.
(A) Upon every
person engaging or continuing in the business of selling any tangible personal
property whatsoever (not including, however, bonds or other evidence of
indebtedness, or stocks), there is likewise hereby levied, and shall be
assessed and collected, a tax equivalent to [four] five per cent
of the gross proceeds of sales of the business; provided that, in the case of a
wholesaler, the tax shall be equal to one-half of one per cent of the gross
proceeds of sales of the business; and provided further that insofar as the
sale of tangible personal property is a wholesale sale under section
237-4(a)(8), the tax shall be one-half of one per cent of the gross proceeds.
Upon every person engaging or continuing within this State in the business of a
producer, the tax shall be equal to one-half of one per cent of the gross
proceeds of sales of the business, or the value of the products, for sale, if
sold for delivery outside the State or shipped or transported out of the State,
and the value of the products shall be determined in the same manner as the
value of manufactured products covered in the cases under paragraph (1)(C).
(B) Gross proceeds of sales of tangible property in interstate and foreign commerce shall constitute a part of the measure of the tax imposed on persons in the business of selling tangible personal property, to the extent, under the conditions, and in accordance with the provisions of the Constitution of the United States and the Acts of the Congress of the United States which may be now in force or may be hereafter adopted, and whenever there occurs in the State an activity to which, under the Constitution and Acts of Congress, there may be attributed gross proceeds of sales, the gross proceeds shall be so attributed.
(C) No manufacturer or producer, engaged in such business in the State and selling the manufacturer's or producer's products for delivery outside of the State (for example, consigned to a mainland purchaser via common carrier f.o.b. Honolulu), shall be required to pay the tax imposed in this chapter for the privilege of so selling the products, and the value or gross proceeds of sales of the products shall be included only in determining the measure of the tax imposed upon the manufacturer or producer.
(D) When a manufacturer or producer, engaged in such business in the State, also is engaged in selling the manufacturer's or producer's products in the State at wholesale, retail, or in any other manner, the tax for the privilege of engaging in the business of selling the products in the State shall apply to the manufacturer or producer as well as the tax for the privilege of manufacturing or producing in the State, and the manufacturer or producer shall make the returns of the gross proceeds of the wholesale, retail, or other sales required for the privilege of selling in the State, as well as making the returns of the value or gross proceeds of sales of the products required for the privilege of manufacturing or producing in the State. The manufacturer or producer shall pay the tax imposed in this chapter for the privilege of selling its products in the State, and the value or gross proceeds of sales of the products, thus subjected to tax, may be deducted insofar as duplicated as to the same products by the measure of the tax upon the manufacturer or producer for the privilege of manufacturing or producing in the State; provided that no producer of agricultural products who sells the products to a purchaser who will process the products outside the State shall be required to pay the tax imposed in this chapter for the privilege of producing or selling those products.
(E) A taxpayer selling to a federal cost-plus contractor may make the election provided for by paragraph (3)(C), and in that case the tax shall be computed pursuant to the election, notwithstanding this paragraph or paragraph (1) to the contrary.
(F) The department, by rule, may require that a seller take from the purchaser of tangible personal property a certificate, in a form prescribed by the department, certifying that the sale is a sale at wholesale; provided that:
(i) Any purchaser who furnishes a certificate shall be obligated to pay to the seller, upon demand, the amount of the additional tax that is imposed upon the seller whenever the sale in fact is not at wholesale; and
(ii) The absence of a certificate in itself shall give rise to the presumption that the sale is not at wholesale unless the sales of the business are exclusively at wholesale.
(3) Tax upon contractors.
(A) Upon every person engaging or continuing
within the State in the business of contracting, the tax shall be equal to [four]
five per cent of the gross income of the business.
(B) In computing the tax levied under this paragraph, there shall be deducted from the gross income of the taxpayer so much thereof as has been included in the measure of the tax levied under subparagraph (A), on:
(i) Another taxpayer who is a contractor, as defined in section 237-6;
(ii) A specialty contractor, duly licensed by the department of commerce and consumer affairs pursuant to section 444-9, in respect of the specialty contractor's business; or
(iii) A specialty contractor who is not licensed by the department of commerce and consumer affairs pursuant to section 444-9, but who performs contracting activities on federal military installations and nowhere else in this State;
provided that any person claiming a deduction under this paragraph shall be required to show in the person's return the name and general excise number of the person paying the tax on the amount deducted by the person.
(C) In computing the tax levied under this paragraph against any federal cost-plus contractor, there shall be excluded from the gross income of the contractor so much thereof as fulfills the following requirements:
(i) The gross income exempted shall constitute reimbursement of costs incurred for materials, plant, or equipment purchased from a taxpayer licensed under this chapter, not exceeding the gross proceeds of sale of the taxpayer on account of the transaction; and
(ii) The taxpayer making the sale shall have certified to the department that the taxpayer is taxable with respect to the gross proceeds of the sale, and that the taxpayer elects to have the tax on gross income computed the same as upon a sale to the state government.
(D) A person who, as a business or as a part of a business in which the person is engaged, erects, constructs, or improves any building or structure, of any kind or description, or makes, constructs, or improves any road, street, sidewalk, sewer, or water system, or other improvements on land held by the person (whether held as a leasehold, fee simple, or otherwise), upon the sale or other disposition of the land or improvements, even if the work was not done pursuant to a contract, shall be liable to the same tax as if engaged in the business of contracting, unless the person shows that at the time the person was engaged in making the improvements the person intended, and for the period of at least one year after completion of the building, structure, or other improvements the person continued to intend to hold and not sell or otherwise dispose of the land or improvements. The tax in respect of the improvements shall be measured by the amount of the proceeds of the sale or other disposition that is attributable to the erection, construction, or improvement of such building or structure, or the making, constructing, or improving of the road, street, sidewalk, sewer, or water system, or other improvements. The measure of tax in respect of the improvements shall not exceed the amount which would have been taxable had the work been performed by another, subject as in other cases to the deductions allowed by subparagraph (B). Upon the election of the taxpayer, this paragraph may be applied notwithstanding that the improvements were not made by the taxpayer, or were not made as a business or as a part of a business, or were made with the intention of holding the same. However, this paragraph shall not apply in respect of any proceeds that constitute or are in the nature of rent; all such gross income shall be taxable under paragraph (9); provided that insofar as the business of renting or leasing real property under a lease is taxed under section 237-16.5, the tax shall be levied by section 237-16.5.
(4) Tax upon theaters, amusements, radio broadcasting stations, etc.
(A) Upon every person engaging or continuing
within the State in the business of operating a theater, opera house, moving
picture show, vaudeville, amusement park, dance hall, skating rink, radio
broadcasting station, or any other place at which amusements are offered to the
public, the tax shall be equal to [four] five per cent of the
gross income of the business, and in the case of a sale of an amusement at wholesale
under section 237-4(a)(13), the tax shall be one-half of one per cent of the
gross income.
(B) The department may require that the person rendering an amusement at wholesale take from the licensed seller a certificate, in a form prescribed by the department, certifying that the sale is a sale at wholesale; provided that:
(i) Any licensed seller who furnishes a certificate shall be obligated to pay to the person rendering the amusement, upon demand, the amount of additional tax that is imposed upon the seller whenever the sale is not at wholesale; and
(ii) The absence of a certificate in itself shall give rise to the presumption that the sale is not at wholesale unless the person rendering the sale is exclusively rendering the amusement at wholesale.
(5) Tax upon sales
representatives, etc. Upon every person classified as a representative or
purchasing agent under section 237-1, engaging or continuing within the State
in the business of performing services for another, other than as an employee,
there is likewise hereby levied and shall be assessed and collected a tax equal
to [four] five per cent of the commissions and other compensation
attributable to the services so rendered by the person.
(6) Tax on service business.
(A) Upon every person engaging or continuing
within the State in any service business or calling including professional
services not otherwise specifically taxed under this chapter, there is likewise
hereby levied and shall be assessed and collected a tax equal to [four] five
per cent of the gross income of the business, and in the case of a wholesaler
under section 237-4(a)(10), the tax shall be equal to one-half of one per cent
of the gross income of the business.
(B) The department may require that the person rendering a service at wholesale take from the licensed seller a certificate, in a form prescribed by the department, certifying that the sale is a sale at wholesale; provided that:
(i) Any licensed seller who furnishes a certificate shall be obligated to pay to the person rendering the service, upon demand, the amount of additional tax that is imposed upon the seller whenever the sale is not at wholesale; and
(ii) The absence of a certificate in itself shall give rise to the presumption that the sale is not at wholesale unless the person rendering the sale is exclusively rendering services at wholesale.
(C) Where any person is engaged in the business of selling interstate or foreign common carrier telecommunication services within and without the State, other than as a home service provider, the tax shall be imposed on that portion of gross income received by a person from service which is originated or terminated in this State and is charged to a telephone number, customer, or account in this State notwithstanding any other state law (except for the exemption under section 237-23(a)(1)) to the contrary. If, under the Constitution and laws of the United States, the entire gross income as determined under this paragraph of a business selling interstate or foreign common carrier telecommunication services cannot be included in the measure of the tax, the gross income shall be apportioned as provided in section 237-21; provided that the apportionment factor and formula shall be the same for all persons providing those services in the State.
(D) Where any person is engaged in the business of a home service provider, the tax shall be imposed on the gross income received or derived from providing interstate or foreign mobile telecommunications services to a customer with a place of primary use in this State when such services originate in one state and terminate in another state, territory, or foreign country; provided that all charges for mobile telecommunications services which are billed by or for the home service provider are deemed to be provided by the home service provider at the customer's place of primary use, regardless of where the mobile telecommunications originate, terminate, or pass through; provided further that the income from charges specifically derived from interstate or foreign mobile telecommunications services, as determined by books and records that are kept in the regular course of business by the home service provider in accordance with section 239-24, shall be apportioned under any apportionment factor or formula adopted under subparagraph (C). Gross income shall not include:
(i) Gross receipts from mobile telecommunications services provided to a customer with a place of primary use outside this State;
(ii) Gross receipts from mobile telecommunications services that are subject to the tax imposed by chapter 239;
(iii) Gross receipts from mobile telecommunications services taxed under section 237-13.8; and
(iv) Gross receipts of a home service provider acting as a serving carrier providing mobile telecommunications services to another home service provider's customer.
For the purposes of this paragraph, "charges for mobile telecommunications services", "customer", "home service provider", "mobile telecommunications services", "place of primary use", and "serving carrier" have the same meaning as in section 239-22.
(7) Tax on insurance producers. Upon every person engaged as a licensed producer pursuant to chapter 431, there is hereby levied and shall be assessed and collected a tax equal to 0.15 per cent of the commissions due to that activity.
(8) Tax on receipts of sugar benefit payments. Upon the amounts received from the United States government by any producer of sugar (or the producer's legal representative or heirs), as defined under and by virtue of the Sugar Act of 1948, as amended, or other Acts of the Congress of the United States relating thereto, there is hereby levied a tax of one-half of one per cent of the gross amount received; provided that the tax levied hereunder on any amount so received and actually disbursed to another by a producer in the form of a benefit payment shall be paid by the person or persons to whom the amount is actually disbursed, and the producer actually making a benefit payment to another shall be entitled to claim on the producer's return a deduction from the gross amount taxable hereunder in the sum of the amount so disbursed. The amounts taxed under this paragraph shall not be taxable under any other paragraph, subsection, or section of this chapter.
(9) Tax on other
business. Upon every person engaging or continuing within the State in any
business, trade, activity, occupation, or calling not included in the preceding
paragraphs or any other provisions of this chapter, there is likewise hereby
levied and shall be assessed and collected, a tax equal to [four] five
per cent of the gross income thereof. In addition, the rate prescribed by this
paragraph shall apply to a business taxable under one or more of the preceding
paragraphs or other provisions of this chapter, as to any gross income thereof
not taxed thereunder as gross income or gross proceeds of sales or by taxing an
equivalent value of products, unless specifically exempted."
SECTION 41. Section 237-15, Hawaii Revised Statutes, is amended to read as follows:
"§237-15 Technicians. When
technicians supply dentists or physicians with dentures, orthodontic devices,
braces, and similar items which have been prepared by the technician in
accordance with specifications furnished by the dentist or physician, and such
items are to be used by the dentist or physician in the dentist's or
physician's professional practice for a particular patient who is to pay the
dentist or physician for the same as a part of the dentist's or physician's
professional services, the technician shall be taxed as though the technician
were a manufacturer selling a product to a licensed retailer, rather than at
the rate of [four] five per cent which is generally applied to
professions and services."
SECTION 42. Section 237-16.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This section relates to the leasing
of real property by a lessor to a lessee. There is hereby levied, and shall be
assessed and collected annually, a privilege tax against persons engaging or
continuing within the State in the business of leasing real property to
another, equal to [four] five per cent of the gross proceeds or
gross income received or derived from the leasing; provided that where real
property is subleased by a lessee to a sublessee, the lessee, as provided in
this section, shall be allowed a deduction from the amount of gross proceeds or
gross income received from its sublease of the real property. The deduction
shall be in the amount allowed under this section.
All deductions under this section and the name and general excise tax number of the lessee's lessor shall be reported on the general excise tax return. Any deduction allowed under this section shall only be allowed with respect to leases and subleases in writing and relating to the same real property."
SECTION 43. Section 237-18, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) Where tourism related services are furnished through arrangements made by a travel agency or tour packager and the gross income is divided between the provider of the services and the travel agency or tour packager, the tax imposed by this chapter shall apply to each such person with respect to such person's respective portion of the proceeds, and no more.
As used in this subsection "tourism
related services" means catamaran cruises, canoe rides, dinner cruises,
lei greetings, transportation included in a tour package, sightseeing tours not
subject to chapter 239, admissions to luaus, dinner shows, extravaganzas,
cultural and educational facilities, and other services rendered directly to
the customer or tourist, but only if the providers of the services other than
air transportation are subject to a [four] five per cent tax
under this chapter or chapter 239."
SECTION 44. Section 237-31, Hawaii Revised Statutes, is amended to read as follows:
"§237-31 Remittances. (a) All remittances of taxes imposed by this chapter shall be made by money, bank draft, check, cashier's check, money order, or certificate of deposit to the office of the department of taxation to which the return was transmitted.
(b) The department shall issue its receipts therefor to the taxpayer and shall pay the moneys into the state treasury as a state realization, to be kept and accounted for as provided by law; provided that:
(1) A sum, not to exceed $5,000,000, from all general excise tax revenues realized by the State shall be deposited in the state treasury in each fiscal year to the credit of the compound interest bond reserve fund;
(2) A sum from all general excise tax revenues realized by the State that is equal to one-half of the total amount of funds appropriated or transferred out of the hurricane reserve trust fund under sections 4 and 5 of Act 62, Session Laws of Hawaii 2011, shall be deposited into the hurricane reserve trust fund in fiscal year 2013-2014 and in fiscal year 2014-2015; provided that the deposit required in each fiscal year shall be made by October 1 of that fiscal year; and
[[](3)[]] Commencing with fiscal year
2018-2019, a sum from all general excise tax revenues realized by the State
that represents the difference between the state public employer's annual
required contribution for the separate trust fund established under section
87A-42 and the amount of the state public employer's contributions into that
trust fund shall be deposited to the credit of the State's annual required
contribution into that trust fund in each fiscal year, as provided in section
87A-42.
(c) Notwithstanding subsection (b), beginning on January 1, 2017, the additional revenues generated and collected from the increase in general excise tax rates imposed by sections 40 to 43 of Act , Session Laws of Hawaii 2016, shall be deposited into a special account in the general fund for operations, including salaries and maintenance costs, of the department of education under chapter 302A; provided that moneys budgeted for the department of education from sources of funding other than the special account, including capital improvement projects, shall remain equal to or greater than the inflation-adjusted minimum level of funding, except when the consumer price index for the twelve-month period ending June 30 of the preceding calendar year is less than zero.
(d) For the purposes of this section:
"Consumer price index" means the national consumer price index average over a twelve-month period that is published monthly by the United States Department of Labor's Bureau of Labor Statistics as the "National Consumer Price Index for All Urban Consumers-United States City Average".
"Inflation-adjusted minimum level of funding" means the total amount of funding provided to the department of education in the fiscal year 2016-2017; provided that this amount shall increase by three per cent for each subsequent fiscal year."
PART XIV. MISCELLANEOUS
SECTION 45. No later than twenty days prior to the convening of the regular sessions of 2017, 2018, 2019, 2020, and 2021, the superintendent of education shall submit a report, including any proposed legislation, to the legislature regarding the implementation of this Act. Each report shall include but not be limited to the following:
(1) Progress on the implementation of a weighted student formula and additional preparation time for special education teachers;
(2) Progress in providing air conditioning to all public school classrooms, including the number of classrooms without air conditioning and the status of air conditioning improvements using off-grid and photovoltaic technology;
(3) Plans, timetable, and budgetary projections to reduce class size for public elementary and secondary schools, including cost estimates for necessary personnel and information regarding the total number of classes at each school not in compliance;
(4) Information on the impact of weighted student formula adjustments required by this Act on funding equity, including the progress of staffing all appropriate public schools with a librarian, technology coordinator, vice principal, counselor, and special education transition coordinator;
(5) Integration of the whole child education curriculum into elementary, middle, and intermediate schools;
(6) Expansion of vocational, technical, and career pathway programming, including the number of students enrolled in the programs, as well as cost estimates for any necessary additional personnel;
(7) Progress in aligning teacher salary steps with years of service, including the number of teachers with years of service who do not have aligned salary steps and budgetary projections for providing annual step increases to all teachers beginning with the 2016-2017 school year;
(8) Progress in recruiting and retaining new teachers, especially with regard to hard-to-staff positions;
(9) Information on the operation of the student loan subsidy program, including the total number of teachers receiving subsidies and total amount of subsidies provided to teachers;
(10) Progress on limiting the overuse of standardized testing in public schools, including the total number of student hours used for standardized testing and test preparation at each grade level, the number of students and parents or guardians opting out of standardized testing, and the number of special education students and students with limited English language proficiency receiving exemptions from standardized testing;
(11) Progress in implementing a debit card system for teachers for classroom supplies including the cost of implementing the debit card system, total number of debit card purchases, total amount of debit card expenditures, and protocols for preventing abuse;
(12) Information on departmental funding increases resulting from this Act, including allocation of funds placed in the special account and strategies for minimizing administrative costs related to programs and functions required by this Act; and
(13) Any additional information that the department deems appropriate with the regard to the implementation of this Act.
SECTION 46. 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 2016-2017 to hire full-time equivalent regular education teachers to provide instruction in fine arts, including visual arts, drama, dance, and music; Hawaiian and Polynesian studies; Hawaiian language; vocational, technical, and career pathway programs; and mentor teachers.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 47. The board of education shall adopt rules in accordance with chapter 91, Hawaii Revised Statutes, to effectuate this Act.
SECTION 48. In codifying the new sections added by sections 25 and 26 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 49. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 50. This Act shall take effect upon its approval; provided that sections 6, 9, 12, 13, 15, 23, 26, 28, 29, 30, 33 and 46 shall take effect on July 1, 2016; provided further that sections 40 to 44 shall apply to taxable years beginning after December 31, 2016.
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Report Title:
Schools Our Keiki Deserve Act; Education; Air Conditioning; Teachers; Testing; Evaluations; Supplies; Salaries; Class Size; General Excise Tax; Student Loan Subsidy Program; Special Fund; Appropriations
Description:
Requires the department of education to provide public school students with a whole child education curriculum, air conditioning in certain classrooms, and decrease class size. Requires sufficient allocation of special education teachers and provides special education teachers with additional preparation time and funding. Establishes the student loan subsidy program and special fund. Expands vocational, technical, and career pathway programs. Amends weighted student formula factors to be considered by the committee on weights. Limits participation in standardized tests, prohibits the use of standardized test scores for evaluation purposes, authorizes standardized testing exemptions, and requires the board of education to provide notice of the right to opt-out of standardized testing. Requires all eligible children to attend preschool by the 2020-2021 school year. Amends evaluation program for teachers and educational officers. Increases the general excise tax. Makes appropriations.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.