Bill Text: HI HB398 | 2019 | Regular Session | Amended
Bill Title: Relating To The University Of Hawaii.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2019-07-03 - Act 172, 06/27/2019 (Gov. Msg. No. 1274). [HB398 Detail]
Download: Hawaii-2019-HB398-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
398 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO THE UNIVERSITY OF HAWAII.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Due to a variety of factors, Hawaii has long suffered from a shortage of qualified public-school teachers. This shortage not only continues but is worsening. Fewer graduates from Hawaii teacher education programs are entering the profession. According to the Hawaii State Teachers Association, the number of graduates joining the department of education fell by nearly thirty per cent, from five hundred forty-five in the 2010-11 school year to three hundred eighty‑seven in the 2016-17 school year. Furthermore, four hundred eleven public-school teachers resigned and left Hawaii in 2017, compared to two hundred sixty-six in 2012 and two hundred twenty-three in 2010.
In a presentation to the board of education on June 21, 2018, the Hawaii State Teachers Association testified that teacher vacancies increased fifty-one per cent from 2011 and the number of unlicensed teachers who do not meet state qualifications rose sixty-three per cent from 2011.
Data released by the department of education on November 15, 2018, revealed that out of a total 13,437 teaching positions in 2018, five hundred eight spots were filled by instructors who had not completed a state-approved teacher preparation program. An additional five hundred twenty-one spots were vacant as of August 1, 2018. As a result, one thousand twenty-nine positions statewide are not filled by highly qualified teachers.
In comparison, during the 2012-13 school year, out of a total of 12,934 teaching positions, two hundred seventy-four were filled by emergency hires and three hundred thirty-four spots were vacant as of August 1, 2012, for a total of six hundred eight positions not filled by certified teachers during that school year.
The recent data reflects another long-term trend: teachers leaving Hawaii has outpaced retirement as the top reason for attrition in the last three years. During the 2017-18 school year, four hundred twenty-three teachers left Hawaii for the mainland, a seventy-one per cent increase from five years ago.
The legislature finds that the University of Hawaii system does not offer a sufficient number of classes in their major for students who are pursuing undergraduate or graduate degrees in the field of education, especially distance-learning classes. The legislature further finds that this issue is a matter of statewide concern that falls under its purview pursuant to article X, section 6, of the Hawaii State Constitution.
The purpose of this part is to require the University of Hawaii to establish additional distance-learning classes in teaching for students who are pursuing undergraduate or graduate degrees in education.
SECTION 2. (a) Beginning with the 2020-2021 academic year, the University of Hawaii shall establish additional distance-learning classes in teaching for students who are pursuing undergraduate or graduate degrees in education.
(b) As used in this section, "distance learning" means a method of education in which lectures are broadcast or classes are conducted over the Internet and enrolled students are not required to attend lectures or classes at a physical campus of the University of Hawaii.
PART II
SECTION 3. The legislature finds that the composition and term limits of members of the board of regents of the University of Hawaii is a matter of statewide concern that falls under its purview pursuant to article X, section 6, of the Hawaii State Constitution.
The purpose of this part is to amend the composition of the members of the board of regents of the University of Hawaii.
SECTION 4. Section 26-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The University of Hawaii shall be headed by an executive board to be known as the board of regents.
The
board shall consist of [fifteen] eleven members. At least one
member shall be a University of Hawaii student at the time of the initial
appointment. [This member may be reappointed for one additional term even
though the member may no longer be a student at the time of reappointment.]
The governor shall reduce the terms of those initially appointed to each seat
on the board of regents to provide, as far as practicable, for the expiration
of three terms each year; provided that the term of the student member shall
not be reduced.
[At least twelve] The
members, except for the student member, shall represent and reside in the
specified geographic areas as follows:
(1) Two members from the county of Hawaii;
(2) Two members from the county of Maui;
(3) One member from the county of Kauai; and
(4) [Seven] Five members from the city
and county of Honolulu[.]; provided that of the five members, three
members shall represent and reside in the first congressional district of the
State and the other two members shall represent and reside in the second congressional
district of the State.
The board shall have the power, in accordance with the Hawaii constitution and with law, to formulate policy and to exercise control over the university through its executive officer, the president of the university. The board shall have exclusive jurisdiction over the internal organization and management of the university. The board shall hold the president of the university and university administration accountable for decisions, actions, and leases that incur additional costs to the university."
SECTION 5. Section 304A-104, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The affairs of the university shall
be under the general management and control of the board of regents. The board
shall consist of [fifteen] eleven members
who shall be appointed by the governor from lists of qualified candidates
presented to the governor by the candidate advisory council, pursuant to
section 304A-104.6, and shall be confirmed by the senate; provided that if the
list of qualified candidates includes fewer than three candidates at any time
during the nomination and confirmation process, the governor may request that
the candidate advisory council reopen recruitment for qualified candidates.
Members may be removed by the governor. Except as otherwise provided by law,
state officers shall be eligible for appointment and membership.
The
term of each member shall be five years, except as provided for the initial
appointment in section 26-11; provided that the term of the student member
shall be two years. Every member may serve beyond the expiration date of the
member's term of appointment as a holdover member until the member's
successor has been appointed by the governor and confirmed by the senate in
accordance with article X, section 6 of the Hawaii State Constitution[.];
provided that, notwithstanding any law to the contrary, a holdover member shall
not serve as a member of the board beyond the end of the first regular session
of the legislature following the expiration of the member's term. Members
shall serve no more than two consecutive five-year terms; provided that the
members who are initially appointed to terms of two years or less pursuant to
section 26-11(a) may be reappointed to two ensuing five-year terms. If a
member is to be appointed to a second term of five years, the senate shall
consider the question of whether to reconfirm the member at least one hundred
twenty days prior to the conclusion of a member's first five-year term;
provided that if the senate is not in session within one hundred twenty days
prior to the conclusion of the member's first five-year term, the member shall
continue to serve until the senate convenes for the next regular session or the
next special session for which the senate is authorized to consider the
question of reconfirmation."
PART III
SECTION 6. Notwithstanding any law to the contrary, the members of the board of regents of the University of Hawaii serving on the day of the effective day of this Act shall continue to serve the remainder of their current terms. As vacancies occur, the vacancies shall be filled in manner that meets the composition requirements of section 304A-104(a), Hawaii Revised Statutes, as amended by section 4 of this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval; provided that section 2 this Act shall be repealed on December 31, 2023.
Report Title:
University of Hawaii; Distance-learning; Teaching; Board of Regents; Composition
Description:
Part I: Requires the University of Hawaii system to create additional distance-learning classes in teaching for students who are pursuing undergraduate or graduate degrees in education. Part II: Amends the composition of the Board of Regents of the University of Hawaii, and reduces the number of board members from 15 members to 11 members. Specifies terms of holdover board members. Specifies that the Board of Regents shall hold the President of the University of Hawaii and university administration accountable for decisions, actions, and leases that incur additional costs to the university. Repeals requirement for additional distance-learning on 12/31/2023. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
