Bill Text: HI HB2179 | 2010 | Regular Session | Introduced

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Bill Title: Education; student advocate

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2010-01-22 - (H) Referred to EDN/LAB, FIN, referral sheet 3 [HB2179 Detail]

Download: Hawaii-2010-HB2179-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2179
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EDUCATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the looming state budget deficit has resulted in some public employee unions accepting concession in the form of employee furloughs and other considerations.  One of these unions, the Hawaii State Teachers Association assented to seventeen furloughs days for the 2009-2010 school year.  The furlough days mean no work for teachers on specific "furlough Fridays", but also mean no school instruction for tens of thousands of Hawaii's public school students.

     Regrettably, the furlough days were not scheduled to coincide with holidays, professional development days, or other paid non-work days, when students would not normally attend class.  All of the seventeen days represent instructional days, which in effect, eliminate almost a full month of school for public school students.

     The new school schedule means instructional days for Hawaii's public schools are reduced from one hundred eighty days per school year to the nation's lowest of one hundred sixty three school days.

     The truncated school year also means that the Hawaii public school system risks:

(1)  Losing accreditation from the Western Association of Schools and Colleges Accrediting Commission for Schools;

(2)  Falling further behind in the No Child Left Behind program; and

(3)  Falling further behind in eighth grade reading and math scores.

     The legislature further finds that the existing collective bargaining system with respect to public education is based on the concerns of adults rather than the needs of students.  In order to protect the interests of public school students, the system must be one that is "student-centered" rather than "system-centered".

     The purpose of this Act is to provide a more student-centered system by authorizing the governor to appoint a student advocate to represent, protect, and advance the interests of all public school students in all collective bargaining proceedings related to the public school system.

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

     "§302A-   Student advocate.  (a)  Notwithstanding any other law to the contrary and without regard to chapter 76, 89, or 103D, the governor shall appoint or contract a student advocate to represent, protect, and advance the interests of all public school students in all collective bargaining proceedings authorized under chapter 89 that is related to the public school system under this chapter.

     The student advocate shall be an attorney in good standing in the State who has been licensed to practice in the State for at least ten years.  The governor may establish other requirements for the student advocate and shall set the salary or compensation of the student advocate at an amount that is consistent with the duties and responsibilities of a similarly situated position in the department of education.

     (b)  The student advocate shall have full voting rights and shall participate in all collective bargaining proceedings and negotiations between the State, department and board of education, and teachers in bargaining unit (5) under section 89-6(d).  The student advocate may also:

(1)  Conduct investigations to secure information useful in collective bargaining negotiations related to the public school system;

(2)  Assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of public school students;

(3)  Recommend to the superintendent and the legislature, legislation necessary to effectuate this section;

(4)  Organize and hold conferences and conduct investigations with respect to issues concerning public school students; and

(5)  Perform other duties as may be incidental to the exercise of the student advocate's function, powers, and responsibilities under this section."

     SECTION 3.  Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:

     (1)  For bargaining units (1), (2), (3), (4), (9), (10), and (13), the governor shall have six votes and the mayors, the chief justice, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;

     (2)  For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;

     (3)  For bargaining units [(5) and (6),] (6) and non-teacher personnel in unit (5), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote;

     (4)  For teachers in bargaining unit (5), the governor shall have three votes, the board of education shall have two votes, the superintendent of education shall have one vote, and the student advocate established under section 302A-   shall have one vote;

    [(4)] (5)  For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.

Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county.  In such case, the simple majority shall include at least one county."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval; provided that the amendments made to section 89-6(d), Hawaii Revised Statutes, shall not be repealed when that section is reenacted on July 1, 2010, pursuant to Act 5, First Special Session Laws of Hawaii 2008.

 

 

INTRODUCED BY:	_____________________________
_____________________________	_____________________________
_____________________________	_____________________________
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Report Title:

Education; student advocate

 

Description:

Requires the governor to appoint a student advocate, who shall be a licensed Hawaii attorney, to represent, protect, and advance the interests of all public school students in all collective bargaining proceedings related to the public school system and authorizes the student advocate to cast a vote in collective bargaining negotiations with the State and the department and board of education.

 

 

 

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