Bill Text: HI SB2604 | 2012 | Regular Session | Introduced
Bill Title: Education; Non-school-hour programs; Appropriation
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-01-23 - (S) Referred to EDU, WAM. [SB2604 Detail]
Download: Hawaii-2012-SB2604-Introduced.html
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THE SENATE |
S.B. NO. |
2604 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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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
SECTION 1. The legislature finds that many children are on their own in the mornings and afternoons before and after the school bell rings. Nationally, nearly two-thirds of school-aged children are in homes with both parents working, yet very few communities have a comprehensive system of before- and after- school care for children. When older children are unsupervised in the morning, afternoon, evening, weekend, and holiday hours, statistics clearly show that rates of juvenile crime and drug use increase, as well as the likelihood of experimenting with tobacco, alcohol, or sexual intercourse.
The legislature also finds that there is widespread agreement amongst community members that it is important to establish safe, structured, and supervised learning environments for school-aged children during non-school hours to prevent problems associated with crime, drugs, and sex by school-aged children.
In consideration of the high proportion of two-parent working families and single parents who work, it is imperative that non-school-hour programs are available to children before school, after school, on weekends, and during summer breaks. A structured and supervised school environment is an ideal setting to keep children and youth mentally engaged and involved in positive activities that improve learning and reduce delinquency while at the same time minimizing the likelihood of school-aged children becoming involved with substance abuse, criminal activity, and teen pregnancy.
In the past few years, funds were appropriated by the legislature to the department of education, the office of youth services, and four counties in the state. Through Act 281, Session Laws of Hawaii 2006, over six thousand three hundred students participated in meaningful, wholesome, non-school-hour activities statewide. However, in consideration of budgetary constraints, funding for non-school-hour programs has been cut severely. Consequently, school children unfortunately take the brunt of the cutbacks with detrimental effects in education as well as personal development. For example, the A-Plus program was eliminated, which caused families to pay for childcare and effectively rendered after-school programs inaccessible. Temporary assistance to needy families funding was restricted by the federal government, resulting in fewer dollars to fund programs for after-school care.
The intent of this Act is to provide funding for wholesome activities to enable children and youth to explore their potential and interests; develop healthy relationships with their family, peers, and community; and provide experiences that will help them achieve success throughout their lifetime. Their involvement in these activities will help deter juvenile crime and drug use, as well as reducing the likelihood that school-aged children experiment with tobacco, alcohol, or sexual activity.
Of particular concern is the anticipated cutbacks in federal funding to the supplemental education services program that provides tutoring for low-income children, according to the Tutor Our Children Coalition which includes Tutor Hawaii, a local nonprofit organization. As part of the No Child Left Behind Act, free tutoring is required under the supplemental education services program. These at-risk, low-income children may no longer be able to receive free after school tutoring.
The purpose of this Act is to provide a dedicated source of funding for non-school-hour programs and to make appropriations for non-school-hour programs.
PART II
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A‑ Non-school-hour programs special fund. (a) There is created a non-school-hour programs special fund, into which $1 of the sale proceeds of any electronic device, computer, or computer equipment, or parts of an electronic device or computer purchased in this State that has a retail cost of $ or more, shall transferred and deposited. The department shall administer the non-school-hour programs special fund.
(b) For purposes of this section, non-school-hour programs include child-care programs; tutoring; education classes; remedial classes; arts, crafts, sports, and recreation programs; career exploration programs; self-improvement activities; leadership programs; environmental stewardship opportunities; financial education; cooking and other life skill classes; cultural enrichment and exchange activities; and other programs, wherever feasible, at public school, public park facilities, and other locations in the community.
(c) All expenditures from the non-school-hour programs special fund shall be made by appropriation."
SECTION 3. Section 302A-408, Hawaii Revised Statutes, is amended to read as follows:
"§302A-408 [After-school and
weekend.] Non-school-hour programs. The department and the
appropriate county agencies may establish and regulate programs of [after-school
and weekend] non-school hour and community-school activities for
children, including but not limited to child-care programs[,];
arts and crafts, hula, and ukulele[,] lessons; tutoring; education
classes; remedial classes; arts, crafts, sports, and recreation programs;
career exploration programs; self-improvement activities; leadership programs;
environmental stewardship opportunities; financial education; cooking and other
life skill classes; cultural enrichment and exchange activities; and other programs
and recreational projects, wherever feasible, at public school [and],
public park facilities[.], and other locations in the community.
In addition to any appropriation of public funds, reasonable fees established
by the agencies operating the programs may be collected from children enrolled,
in the 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.
For purposes of this section, "non-school hour" means anytime that there is no school."
SECTION 4. Section 346-152, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Nothing in this part shall be construed to include:
(1) A person caring for children related to the caregiver by blood, marriage, or adoption;
(2) A person, group of persons, or facility caring for a child less than six hours a week;
(3) A kindergarten, school, or program licensed by the department of education;
(4) A program that provides exclusively for a specialized training or skill development for children, including but not limited to programs providing activities such as athletic sports, foreign language, the Hawaiian language, dance, drama, music, or martial arts;
(5) A multiservice organization or community association, duly incorporated under the laws of the State that operates for the purpose of promoting recreation, health, safety, or social group functions for eligible pupils in public and private schools through seventeen years of age;
(6) Programs for children four years of age and older that operate for no more than two consecutive calendar weeks in a three-month period;
(7) A provider agency operating or managing a homeless facility or any other program for homeless persons authorized under part XVII;
(8) [After-school, weekend, and summer recess]
Non-school-hour programs conducted by the department of education
pursuant to section 302A-408;
(9) Child care programs for children five years of age and older conducted by counties pursuant to section 302A‑408; provided that each county adopts rules for its programs;
(10) Any person who enters a home in a child caring capacity and only cares for children who are of that household; and
(11) A person caring for two or fewer children unrelated to the caregiver by blood, marriage, or adoption."
PART III
SECTION 5. 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 2012-2013 for deposit into the non-school-hour programs special fund.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 6. (a) There is appropriated out of the non-school-hour programs special fund the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 for purposes of:
(1) Providing non-school-hour programs that include child-care programs; arts and crafts; hula; and ukulele; lessons; tutoring; education classes; remedial classes; arts, crafts, sports, and recreation programs; career exploration programs; self-improvement activities; leadership programs; environmental stewardship opportunities; financial education; cooking and other life skill classes; cultural enrichment and exchange activities; and other programs and recreational projects; and
(2) Purchasing or leasing of vehicles by a school to furnish students with transportation to travel to and from school to attend programs and classes described under paragraph (1), if those programs or classes are held at places other than the school.
(b) The sum appropriated in subsection (a) shall be allocated to the four counties in an amount equal to forty per cent as provided in paragraph (1) of this subsection, to the department of education in an amount equal to forty per cent as provided in paragraph (2) of this subsection, and to the office of youth services in an amount equal to twenty per cent. For the amounts allocated to the counties and the department of education, each county and school shall be allocated moneys as follows:
(1) For counties, in the same proportion as the number of students in each county in relation to the total number of students in the State; and
(2) For the department of education, each school to receive an amount based on the weighted student formula under section 302A-1303.6, Hawaii Revised Statutes; and
(c) The sum appropriated shall be expended by the department of education for the purposes of this Act.
PART IV
SECTION 7. Moneys appropriated for the purposes of this Act shall not supplant any other moneys previously allocated for new or existing non-school-hour programs.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval; provided that sections 5 and 6 of this Act shall take effect on July 1, 2012.
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INTRODUCED BY: |
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Report Title:
Education; Non-school-hour programs; Appropriation
Description:
Creates the non-school-hour programs special fund as a dedicated source of funding for non-school-hour programs. Makes appropriations from the non-school-hour programs special fund and the general fund for non-school-hour programs.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
