Bill Text: HI HB338 | 2011 | Regular Session | Amended

Hawaii House Bill 338 (Prior Session Legislation)

Bill Title: Board of Education; Appointment; Student Member

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Enrolled - Dead) 2011-04-28 - (S) Conference committee meeting to reconvene on 04-29-11 1:30PM in conference room 329. [HB338 Detail]

Download: Hawaii-2011-HB338-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	338
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 2
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO EDUCATION.

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

SECTION 1. Section 302A-447, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-447[]] State student council. (a) There is established within the department for administrative purposes the state student council, which shall consist of representation from each departmental school district.

[~~(b) The council shall determine whether it shall directly select the student member of the board or whether it shall run an election to select that individual.~~

~~(c)~~] (b) The council shall establish policies and procedures governing its operations, including the selection and number of council members, without regard to the public notice, public hearing, and gubernatorial approval requirements of chapter 91, but subject to the open meeting requirements of chapter 92.

[~~(d)~~] (c) The state student council shall cooperate with the student conference committee established under section 317-2 in planning the annual secondary school students conference established under chapter 317."

SECTION 2. Act 5, Session Laws of Hawaii 2011, is amended by amending section 2 to read as follows:

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

"§302A-A Board of education; members; [~~student and~~] military representative. (a) The board shall consist of [~~nine~~] ten members as follows:

(1) One member from the county of Hawaii;

(2) One member from the county of Maui;

(3) One member from the county of Kauai;

(4) Three members from the city and county of Honolulu; [~~and~~]

(5) Three at-large members; provided that the governor shall select an at-large member as the chairperson[.]; and

(6) One public high school student.

The members shall be appointed by the governor, with the advice and consent of the senate. The governor may remove or suspend for cause any member of the board.

(b) Pursuant to article XVIII, section 12, of the Hawaii State Constitution, the period of transition from the elected to the appointed board shall be as determined in section 21 of Act[ ,] 5, Session Laws of Hawaii 2011.

(c) The members of the board shall serve without pay but shall be entitled to reimbursement for necessary expenses, including travel and board and lodging expenses, while attending meetings of the board or when actually engaged in business relating to the work of the board.

[~~(d) Pursuant to section 302A-447, the state student council shall select a nonvoting public high school student representative to the board.~~]

(d) The student member shall be a voting member; provided that the student member shall not vote on any issue directly pertaining to personnel matters.

(e) Pursuant to section 302A-1101(c), the board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board.

§302A-B Board of education; eligibility. Except as otherwise provided by law, state officers shall be eligible for appointment and membership to the board. No person shall be eligible for appointment to the board:

(1) Under section 302A-A(a)(1) through (4) unless the person is a resident of the county from which the person is to be appointed; or

(2) Under section 302A-A(a)(5) unless the person is a resident of the State.

§302A-C Board of education; terms. (a) [~~The~~] Except for the student member, the governor shall set the terms of the members initially appointed to the board under section 21 of Act[ ,] 5, Session Laws of Hawaii 2011, as follows:

(1) Three members shall serve one-year terms;

(2) Three members shall serve two-year terms; and

(3) Three members, including the chairperson, shall serve three-year terms.

(b) [~~The~~] Except for the student member, the term of each member shall be three years, except as provided for in the initial appointment in subsection (a). Members shall serve no more than three consecutive three-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to subsection (a) may be reappointed to three ensuing consecutive three-year terms. If a member is nominated to a second or subsequent consecutive term, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the expiration of the member's immediately preceding term; provided that if the senate has not taken final action to reconfirm the member by the one hundred twenty-day deadline, the member shall continue to serve until the senate takes final action on the reconfirmation.

(c) The term of the student [~~representative~~] member shall be one year. The student [~~representative~~] member may be [~~selected~~] reappointed for one additional consecutive term; provided that the student [~~representative~~] member shall be a student at the time of [~~selection~~] reappointment and shall be a student for the majority of that term. If a student member is to be appointed to a second term, the senate shall consider the question of whether to reconfirm the student member at least one hundred twenty days prior to the expiration of the student member's first term; provided that if the senate is not in session after the student member's reappointment by the governor to a second term and prior to the expiration of the one hundred twenty-day deadline by which the senate shall have considered the question of reconfirmation, the member shall continue to serve until the senate takes final action on the reconfirmation when it convenes for the next regular session or the next special session during which the senate is authorized to consider the question of reconfirmation.

(d) Every member, including the student member, may serve beyond the expiration date of the member's term of appointment until the member's successor has been appointed by the governor and confirmed by the senate in accordance with sections 302A-A, 302A-F, and 302A-G.

§302A-D Board of education; organization; quorum; meetings. (a) The governor shall select a chairperson of the board; provided that the chairperson shall be selected from among the at-large members. The board shall select a vice chairperson from among its members, and the vice chairperson shall serve as interim chairperson in the event the chairperson's seat becomes vacant.

(b) A majority of all the voting members to which the board is entitled shall constitute a quorum to conduct business. At any time the board has fewer than five voting members, three voting members of the board shall constitute a quorum to conduct business and the concurrence of at least three voting members shall be necessary to make any action of the board valid.

(c) Notwithstanding chapter 92, from the convening of the legislature in regular session to adjournment sine die of each regular session, and during each special session of the legislature, the board may file any notice that specifies only legislation or legislation-related agenda items, no fewer than two calendar days before the meeting.

§302A-E Board of education; vacancies. (a) The governor shall notify the senate in writing within ten days of:

(1) Removing a member of the board; or

(2) Receiving notification that a member of the board is resigning or has died;

provided that any vacancy shall be filled by appointment by the governor, with the advice and consent of the senate, in accordance with sections 302A‑A , 302A-B, 302A-C, 302A‑F, and 302A-G.

(b) Where the chairperson position becomes vacant, the governor may nominate a sitting member of the board to the chairperson position in accordance with subsection (a) and shall fill any resulting vacancy in accordance with subsection (a).

§302A-F Board of education; qualifications; administration priorities. (a) Upon the nomination of any board member, the governor shall provide written documentation articulating the administration's goals and priorities with respect to the formation of a highly-functioning, well-balanced board, and describing the nominee's qualifications.

(b) Each nominee shall meet the following minimum qualifications:

(1) Record of integrity, civic virtue, and high ethical standards. Each nominee shall demonstrate integrity, civic virtue, and high ethical standards and be willing to hold fellow board members to the same;

(2) Availability for constructive engagement. Each nominee shall commit to being a conscientious and attentive board member;

(3) Knowledge of best practices. Each nominee shall have an understanding of best practices in educational governance or shall be willing to be trained in such; and

(4) Commitment to educational leadership. Each nominee shall have a clear understanding of the board's role in developing and protecting a clear, long-term strategic vision for Hawaii's public schools, and shall understand the need to hold the superintendent of education accountable for making consistent progress toward that vision.

(1) Understanding of collective bargaining. Each nominee, except the nominee for the student member, should demonstrate an understanding of the collective bargaining process and an ability to participate in that process on behalf of the board free from any conflict of interest;

(2) Experience governing complex organizations. Each nominee should possess experience with complex organizations and a proven ability to function productively within them;

(3) Collaborative leadership ability. Each nominee should have substantial leadership experience that ideally illustrates the nominee's ability to function among diverse colleagues as an effective team member, with the ability to articulate, understand, and help shape consensus surrounding board policies; and

(4) Commitment to education. Each nominee's record should demonstrate a deep and abiding interest in education and a dedication to the social, academic, and character development of young people.

(d) The student member nominee shall have at least an overall 2.0 grade point average and be in good standing for graduation, including having a passing grade in all courses for graduation.

§302A‑G Board of education; senate advice and consent. In determining whether to confirm the governor's nominees to the board, the senate shall consider the combination of abilities, breadth of experiences, and characteristics of the board, as a whole, that will best serve the diverse interests and needs of the students and their families, the education system in Hawaii from early childhood through higher education, and the public libraries. Such considerations shall include but not be limited to reflecting the diversity of the student population, geographical representation, and a broad representation of education-related stakeholders."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

Report Title:

Board of Education; Appointment; Student Member

Description:

Sets the terms and conditions of a student voting member on an appointed Board of Education. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.