Hawaii-2011-SB605-Introduced

SECTION 1. The legislature finds that the task force on reinventing government was established in 2009 to examine the current operations and organization of state government and make recommendations on making state government more efficient. The task force found that the department of education's existing governance and organizational structure is unwieldy and lacks accountability. The task force submitted a final report to the legislature that included a recommendation to restructure the department of education into two major divisions, based on line and staff functions, and to establish two senior deputy superintendent positions – one in charge of primarily academic achievement-related functions, and the other primarily responsible for administrative functions.

The purpose of this Act is to implement the recommendation of the task force on reinventing government to restructure the department of education and establish two senior deputy superintendent positions.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to part IV to be appropriately designated and to read as follows:

"§302A‑ Duties of senior deputy superintendent for academic achievement. The senior deputy superintendent for academic achievement shall assume administrative responsibility for all duties and functions assigned to the academic achievement division. The specific duties and responsibilities of the senior deputy superintendent for academic achievement shall be established by the board, in consultation with the superintendent. The senior deputy superintendent for academic achievement shall report directly to the superintendent of education and shall be evaluated on criteria established by the board; provided that the evaluation criteria relate primarily to improvements in student achievement.

§302A‑ Duties of senior deputy superintendent for administration. The senior deputy superintendent for administration shall assume administrative responsibility for all duties and functions assigned to the administration division. The specific duties and responsibilities of the senior deputy superintendent for administration shall be established by the board, in consultation with the superintendent. The senior deputy superintendent for administration shall report directly to the superintendent of education and shall be evaluated on criteria established by the board; provided that the evaluation criteria relate primarily to the quality of support services provided to teachers, principals, and complex area supervisors."

SECTION 3. Section 84-17, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The following persons shall file annually with the state ethics commission a disclosure of financial interests:

(1) The governor, the lieutenant governor, the members of the legislature, and delegates to the constitutional convention; provided that delegates to the constitutional convention shall only be required to file initial disclosures;

(2) The directors and their deputies, the division chiefs, the executive directors and the executive secretaries and their deputies, the purchasing agents and the fiscal officers, regardless of the titles by which the foregoing persons are designated, of every state agency and department;

(3) The permanent employees of the legislature and its service agencies, other than persons employed in clerical, secretarial, or similar positions;

(4) The administrative director of the State, and the assistants in the office of the governor and the lieutenant governor, other than persons employed in clerical, secretarial, or similar positions;

(5) The hearings officers of every state agency and department;

(6) The president, the vice presidents, assistant vice presidents, the chancellors, and the provosts of the University of Hawaii and its community colleges;

(7) The superintendent, senior deputy superintendents, the deputy superintendent, the assistant superintendents, the complex area superintendents, the state librarian, and the deputy state librarian of the department of education;

(8) The administrative director and the deputy director of the courts;

(9) The members of every state board or commission whose original terms of office are for periods exceeding one year and whose functions are not solely advisory;

(10) Candidates for state elective offices, including candidates for election to the constitutional convention, provided that candidates shall only be required to file initial disclosures; and

(11) The administrator and assistant administrator of the office of Hawaiian affairs."

SECTION 4. Section 302A‑101, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Academic achievement division" means the academic achievement division of the department of education, established under section 302A‑1102.

"Administration division" means the administration division of the department of education, established under section 302A‑1102."

SECTION 5. Section 302A-621, Hawaii Revised Statutes, is amended to read as follows:

"§302A-621 Salary; senior deputy superintendents, deputy superintendent, assistant superintendents, complex area superintendents. The salaries of the senior deputy superintendents, the deputy superintendent, assistant superintendents, and complex area superintendents shall be set by the board; provided that the salaries of the senior deputy superintendents, deputy superintendent, assistant superintendents, and the complex area superintendents shall not exceed eighty per cent of the superintendent's salary."

SECTION 6. Section 302A-1101, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1101 Department of education; board of education; superintendent of education[.]; senior deputy superintendents. (a) There shall be a principal executive department to be known as the department of education, which shall be headed by an elected 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[.], and delegate the duties and functions of the department to the academic achievement and administration divisions, pursuant to section 302A-1102.

(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 superintendent of education shall appoint, and may remove, two senior deputy superintendents who shall be known respectively as the senior deputy superintendent for academic achievement and the senior deputy superintendent for administration. Each senior deputy superintendent may be appointed for a term of up to four years and may be terminated only for cause. The senior deputy superintendents shall not be subject to chapter 76.

[~~(c)~~] (d) 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)~~] (e) 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 7. Section 302A-1102, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1102[]] Department of education; divisions; statewide and regional administrative services. [The department shall serve as the central support system responsible for the overall administration of statewide educational policy, interpretation, and development of standards for compliance with state and federal laws, and coordination and preparation of a systemwide budget for the public schools.] (a) The department shall consist of two divisions:

(1) The academic achievement division shall be headed by the senior deputy superintendent for academic achievement and shall be primarily responsible for improvements in student achievement including but not limited to administering statewide educational policy, managing supervisors of regional administrative units, developing standards and assessments for student achievement, developing curriculum, ensuring compliance with state and federal laws relating to curriculum, and ensuring the provision of special education needs; and

(2) The administration division shall be headed by the senior deputy superintendent for administration and shall be primarily responsible for providing quality support and central services including but not limited to managing all budgetary, financial, facilities, human resources, transportation, food services, and data technology needs of the department.

The board shall delegate all duties and functions of the department to the two divisions in consultation with the superintendent and in accordance with the general areas of responsibility established for each division under this subsection.

(b) The department may establish regional administrative units to provide administrative support to the schools for personnel, fiscal, and procurement services. The regional administrative units may also be assigned responsibility for the administration and operation of special education programs and special schools."

SECTION 8. Section 302A-1111, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Under policies established by the board, the superintendent shall be designated as the chief executive officer of the public school system having jurisdiction over the internal organization, operation, and management of the public school system, as provided by law; and shall administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, and such other programs as may be established by law.

The superintendent shall advise the board in the board's delegation of the duties and functions of the department to the academic achievement and administration divisions, pursuant to section 302A‑1102."

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	605
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII