Bill Text: HI SB78 | 2019 | Regular Session | Amended
Bill Title: Relating To Education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-07-12 - Became law without the Governor's signature, Act 276, 07/10/2019, (Gov. Msg. No. 1396). [SB78 Detail]
Download: Hawaii-2019-SB78-Amended.html
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THE SENATE |
S.B. NO. |
78 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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PROPOSED |
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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 article X, section 1, of the Constitution of the State of Hawaii requires the State to provide a system of public education. Compared to other states, Hawaii is unique because the State, rather than a county or local level jurisdiction, is responsible for public education. As a result, funding for public education in Hawaii is primarily sourced from the general fund of the State.
The legislature further finds that adequate funding is crucial to providing each of Hawaii's children with a high-quality educational opportunity. Yet, some studies found that education funding in Hawaii may be lagging in comparison to districts of similar size and cost of living. For example, according to a 2017 department of business, economic development, and tourism analysis of real property tax in the State, as a share of combined state and local government expenditures, Hawaii's education expenditures are 27.3 per cent and rank lowest in the nation.
The legislature additionally finds that underfunding public schools could undermine the State's goal of providing a quality education to all of Hawaii's children. Insufficient education funding results in higher class sizes, a lack of adequate classroom supplies, elimination of arts, career, and technical education courses, budget cuts for special education and English language learner programs, and an increasing number of vacant teacher positions. To prepare children to meet the social and economic demands of the twenty-first century, it is necessary to understand the amount of funding needed to support student learning.
The purpose of this part is to require the department of education to contract with a third-party consultant to perform a study on the adequacy of education funding in Hawaii; provided that the consultant specializes in school finance and has previous experience conducting studies of public education systems in multiple states.
SECTION 2. (a) The department of education shall contract with a third-party consultant that specializes in school finance to perform a study of the adequacy of education funding in Hawaii. The third-party consultant shall have previous experience conducting studies of education systems in multiple states.
(b) The study shall:
(1) Employ the evidence-based method to evaluate the adequacy of school funding, but may include the professional judgement method in its analysis;
(2) Identify variables most closely associated with a high-quality education and estimate the amount of additional funding needed to provide all public school students in Hawaii with an equal educational opportunity;
(3) Compare Hawaii teacher salaries with teacher salaries in school districts of similar size and cost of living to determine compensation characteristics that impact the department of education's ability to recruit and retain effective teachers; and
(4) Assess the equity of funding between schools throughout the Hawaii public school system.
(c) The department of education shall submit to the legislature a copy of the study, along with a report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2021.
SECTION 3. 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 2019-2020 for the department of education to contract with a third-party consultant that specializes in school finance to perform a study of the adequacy of education funding in Hawaii.
The sum appropriated shall be expended by the department of education for the purposes of this part.
PART II
SECTION 4. The legislature finds that there is a public benefit from substantial investment in high-quality, developmentally appropriate early learning programs. These investments have been driven by significant and continuing research affirming the positive effects of high-quality early learning programs on the physical, cognitive, linguistic, social, emotional, and economic outcomes of young children. Provided with such opportunities, children are more likely to succeed in kindergarten and beyond as well as grow into healthy, capable, and contributing adults.
Longitudinal studies have also proven that high-quality early learning programs are especially effective for high-risk children, including low-income and otherwise disadvantaged children, with great potential to alter their lifetime trajectories. Well-executed and well-targeted early learning programs have immediate and long-term benefits not only for the children participating in the programs but also for the societies in which they live, which boast higher levels of educational attainment; reduced homelessness, crime, and substance abuse; improved health; and better overall social and economic well-being.
The legislature further finds that although the department of education administers programs of education and public instruction throughout the State, the executive office on early learning, under policies established by the early learning board, should have administrative authority over all state-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs that the department currently administers.
Since Act 178, Session Laws of Hawaii 2012, the legislature has enacted a series of laws to clarify its intent that the responsibility for preschool and prekindergarten lies with the early learning board and the executive office on early learning, as the bodies charged with formulating statewide policy relating to early learning, and developing a cohesive, comprehensive, and sustainable system of early learning for Hawaii, respectively.
Therefore, the purpose of parts III, IV, V, and VI is to:
(1) Clearly establish the executive office on early learning as the administrative authority for state-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs;
(2) Require the department of education in its implementation of Title-I funded prekindergarten classrooms to adhere to certain quality standards and work with the executive office on early learning; and
(3) Define the roles and responsibilities of the executive office on early learning and department of education as they relate to the executive office on early learning public prekindergarten program.
PART III
SECTION 5. Section 26-12, Hawaii Revised Statutes, is amended to read as follows:
"§26-12 Department of education. The department of education shall be headed by an executive board to be known as the board of education.
Under policies established by the board, the
superintendent shall administer programs of education and public instruction
throughout the State, including education at the primary and secondary school
levels, adult education, school library services, health education and
instruction (not including dental health treatment transferred to the
department of health), special education and Title I funded programs at the
prekindergarten level, and such other programs as may be established by law[.];
provided that the department shall not establish general education
prekindergarten classrooms for any purpose except for Title I-funded
prekindergarten. Under policies established by the early learning
board, the executive office on early learning shall have administrative
authority over all state-funded prekindergarten programs, except for special
education and Title I-funded prekindergarten programs. The state
librarian, under policies established by the board of education, shall be
responsible for the administration of programs relating to public library
services and transcribing services for the blind.
The functions and authority exercised by the department relating to state-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs, shall be transferred to the executive office on early learning; provided that the department shall continue to be responsible for the provision of services generally provided to the schools excluding those services related to curriculum, instruction, assessment, and professional learning support, for any facility on a department school campus at which the executive office on early learning administers programs.
The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.
The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.
The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.
Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services, the board of education may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.
Notwithstanding any law to the contrary, the board of education may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the board of education on matters relating to public library services in their respective county."
SECTION 6. Section 302A-101, Hawaii Revised Statutes, is amended by deleting the definition of "early childhood education":
[""Early childhood education"
means a developmentally appropriate early childhood development and education
program for children from birth until the time they enter kindergarten."]
SECTION 7. Section 302A-1111, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) 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 primary and secondary school levels, and such
other programs as may be established by law[.]; provided that all
state-funded prekindergarten programs, except for special education and Title
I-funded prekindergarten programs, shall be under the administrative authority
of the executive office on early learning; provided further that the department
shall continue to be responsible for the provision of services generally
provided to the schools excluding those services related to curriculum,
instruction, assessment, and professional learning support, for any facility on
a department school campus at which the executive office on early learning
administers programs.
(b) Except as otherwise provided, the
superintendent shall sign all drafts for the payment of moneys, all commissions
and appointments, all deeds, official acts, or other documents of the
department[.]; provided that the director of the executive office on
early learning shall be the final authority on drafts for the payment of
moneys, all commissions and appointments, and all deeds, official acts, or
other documents related to the executive office on early learning. The
superintendent and director of the executive office on early learning
may use a printed facsimile signature in approving appointments, contracts, and
other documents."
SECTION 8. Section 302A-1128, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1128 Department powers and
duties. The department shall have entire charge and control and be
responsible for the conduct of all affairs pertaining to public instruction in
the public schools the department establishes and operates, including operating
and maintaining the capital improvement and repair and maintenance programs for
department and school facilities[.]; provided that all state-funded
prekindergarten programs, except for special education and Title I-funded
prekindergarten programs, shall be under the administrative authority of the
executive office on early learning; provided further that the department shall
continue to be responsible for the provision of services generally provided to
the schools including operating and maintaining capital improvement and repair
and maintenance programs for any facility at which the executive office on
early learning administers programs. The department may establish and
maintain schools for secular instruction at such places and for such terms as
in its discretion it may deem advisable and the funds at its disposal may
permit. The schools may include high schools, kindergarten schools, schools or
classes for [early childhood education,] special education or Title
I-funded prekindergarten, boarding schools, Hawaiian language medium
education schools, and evening and day schools. The department may also
maintain classes for technical and other instruction in any school where there
may not be pupils sufficient in number to justify the establishment of separate
schools for these purposes."
SECTION 9. Section 302A-1303.6, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1303.6 Weighted student
formula. Based upon recommendations from the committee on weights, the
board of education may adopt a weighted student formula for the allocation of
moneys to public schools that takes into account the educational needs of each
student[.]; provided that weighted student formula moneys shall not
be used for state-funded prekindergarten programs, except for special education
and Title I-funded prekindergarten programs. The department, upon the
receipt of appropriated moneys, shall use the weighted student formula to
allocate funds to public schools. Principals shall expend moneys provided to
the principals' schools. This section shall only apply to charter schools for
fiscal years in which the charter schools elect pursuant to section 302D-29 to
receive allocations according to the procedures and methodology used to
calculate the weighted student formula allocation."
SECTION 10. Section 302L-1.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The director shall be responsible for:
(1)
Serving as the principal officer in state government responsible for the
performance, development, and control of programs, policies, and activities
under the jurisdiction of the office from prenatal care to entrance into
kindergarten[;], including all state-funded prekindergarten programs,
except for special education and Title I-funded prekindergarten programs;
(2) [Overseeing,
supervising,] Supervising and directing the performance of the
director's subordinates in various activities, including planning, evaluation,
and coordination of early learning programs;
(3) Administering funds allocated for the office and applying for, receiving, and disbursing grants and donations from all sources for early learning programs and services;
(4) Assessing the policies and practices of other agencies impacting early learning and conducting advocacy efforts for early learning;
(5) Advising agencies on new legislation, programs, and policy initiatives relating to early learning;
(6) Employing and retaining staff as may be necessary for the purposes of this section; and
(7) Contracting for services that may be necessary for the purposes of this section, including through master contracts, memoranda of understanding, and memoranda of agreement with other state agencies receiving federal and state funds for programs and services for early learning, and purchase of service agreements with appropriate agencies."
SECTION 11. 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 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for early childhood education programs administered by the executive office on early learning.
The sums appropriated shall be expended by the executive office on early learning for the purposes of this part.
PART IV
SECTION 12. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§302A- Title I-funded prekindergarten. (a) The department in its implementation of Title I-funded prekindergarten classrooms shall adhere to the quality standards incorporated by the executive office on early learning in the executive office on early learning public prekindergarten program pursuant to section 302L-7.
(b) The department shall work with the executive office on early learning regarding curriculum, instruction, assessment, family engagement, and transition of children in and out of the prekindergarten classroom.
(c) The department and executive office on early learning shall enter into a memorandum of agreement or memorandum of understanding for the executive office on early learning to provide ongoing professional learning support for teachers and principals of Title I-funded prekindergarten classrooms.
(d) The department shall submit an annual report to the executive office on early learning on its implementation of Title I-funded prekindergarten classrooms, regarding curriculum, instruction, assessment, family engagement, and transition in and out of the classroom."
SECTION 13. 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 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the executive office on early learning to provide professional learning support for teachers and principals of Title I-funded prekindergarten classrooms in the department of education.
The sums appropriated shall be expended by the executive office on early learning for the purposes of this part.
PART V
SECTION 14. Section 302L-1, Hawaii Revised Statutes, is amended by amending the definition of "at-risk children" to read as follows:
""At-risk children" means children who, because of their home and community environment, are subject to language, cultural, economic, and other disadvantages that cause them to be at risk for school failure, including children:
(1) Who
are [eligible for special education services;] placed through their
individualized education plan in a general education setting;
(2) Who are English as a second language learners;
[(3) Who
reside within a public school district, established under chapter 302A, that is
in need of improvement based on the criteria of the federal No Child Left Behind
Act of 2001 (Public Law 107-110), as amended; or]
(3) Who are in foster care;
(4) Who are homeless; or
[(4)]
(5) Whose family income is no more than three hundred per cent of the
federal poverty level."
SECTION 15. Section 302L-7, Hawaii Revised Statutes, is amended to read as follows:
"§302L-7 Executive office on early learning public prekindergarten program; public preschools. (a) There is established within the early learning system an early childhood education program to be known as the executive office on early learning public prekindergarten program and to be administered by the office pursuant to rules adopted by the office. The program shall:
(1) Be provided
through the executive office on early learning, which [may] shall
partner with the department of education[;] through either a
memorandum of agreement or memorandum of understanding pursuant to the
requirements of this section;
(2) Prepare children for school and active participation in society through the use of either of the State’s two official languages; and
(3) Provide access to high-quality early learning that addresses children's physical, cognitive, linguistic, social, and emotional development.
(b) The office shall implement an application process for schools that are interested in participating in the program. The criteria to prioritize applications shall include:
(1) Community need, including:
(A) The percentage of the population in the school or community that meets the definitions of at-risk and underserved children pursuant to section 302L-1; and
(B) The availability and capacity of existing early learning programs or services for four-year-old children on the school campus and in the surrounding area;
(2) The availability of a classroom and outdoor play area that meet department of human services requirements for health and safety for four-year-old children; and
(3) The commitment of the principal to implementing a high-quality prekindergarten program including through active participation in professional learning sessions offered through the office, and to promoting continuity and alignment between and across other early learning programs in the community and other grade levels in the school to ensure the positive outcomes of children are sustained.
[(b)] (c) The program shall serve
children in the year prior to the year of kindergarten eligibility, with
priority extended to underserved or at-risk children, as defined in section
302L-1[.], and follow the academic year schedule of the department of
education and be aligned with the full-day kindergarten classroom schedule of
each school. Enrollment priority shall be given but is not limited to
children who attend prekindergarten at schools to which the children will be
assigned upon entering kindergarten under section 302A-1143.
(d) The program shall include students with disabilities based on individualized education plan placement, recognizing that the in-classroom ratio of students with disabilities to the general population shall be based on the inclusion of children with disabilities in proportion to their presence in the general population. The office and the department of education shall collaborate to coordinate services for students with disabilities who are placed in the classroom offered through the program. Funding for all costs associated with implementation of the individualized education plans of students shall be provided through the department of education.
[(c)] (e) Enrollment in the
program shall be voluntary. A child who is [enrolled in, or is eligible to
attend, a public elementary school, or who is] required to attend school
pursuant to section 302A-1132, shall not be eligible for enrollment in the
program.
(f) The program shall enroll a maximum of twenty children per classroom.
[(d)] (g) The program shall incorporate
high-quality standards pursuant to rules adopted by the office. High-quality
standards shall be research-based, developmentally-appropriate practices
associated with better educational outcomes for children, such as:
(1)
Positive teacher-child interactions[;] that shall be evaluated
through observations conducted by the office using a tool several times a year;
provided that the observations shall not be used for the purposes of teacher
evaluation;
(2) Use
of individual child assessments that are used for ongoing instructional
planning, [based upon] relating to all areas of childhood
development and learning, including cognitive, linguistic, social, and
emotional approaches to learning and health and physical development[;],
based on a schedule determined between the office and the principals of the
schools participating in the program;
(3) Family
engagement[; and], including partnering with the schools
participating in the program to implement outreach and communication efforts to
enroll hard-to-reach families and engage families in their children’s
education;
(4) Alignment
with the Hawaii early learning and development standards, which align with
department of education standards, state content and performance standards, and
general learner outcomes for grades kindergarten to twelve, to facilitate a
seamless and high-quality educational experience for children[.]; and
(5) A teacher who has coursework in early childhood education. For program purposes, a teacher shall have a minimum number of hours of coursework, as determined by the memorandum of agreement or memorandum of understanding established pursuant to subsection (a), from a state-approved teacher education program, or be enrolled in a state-approved teacher education program and working toward completing the coursework, to obtain teacher licensure with specialization in early childhood; and
(6) An educational assistant who has a child development associate credential or the associated coursework. For program purposes, an educational assistant shall have a current child development associate credential, coursework for a certificate that meets the requirements for child development associate credential preparation, or is enrolled in and working toward completing a program that prepares the individual to obtain the credential.
[(e)] (h) Prior to opening a
public prekindergarten class in a school, the principal, and other school
personnel as required by the office, shall participate in an early learning
induction program.
[(f)] (i) The office shall
provide support to incorporate the high-quality standards developed pursuant to
subsection [(d),] (g), including support related to teacher-child
interactions, individual child assessments, and family engagement. Teaching
staff and principals participating in the program shall participate in all
relevant professional learning sessions, coaching and mentoring, and meetings
offered through the office; provided that the office shall cover the associated
travel and substitute teacher costs.
(j) The teacher and educational assistant teaching in the classroom through the program shall provide direct services solely to students enrolled in the program and shall be provided time for meetings regarding program implementation in the program.
(k) The teacher and educational assistant teaching in the classroom through the program shall be included in school meetings and activities to promote alignment between all grade levels and settings.
(l) Each school participating in the program shall work with the office to develop and annually update a written two- to three-year plan to promote, within the school and community, alignment of and transitions between high-quality learning experiences, and submit to the office and the appropriate complex area superintendent a report on progress made toward the plan by the end of each school year.
[(g)] (m) The office shall
coordinate with other agencies and programs to facilitate comprehensive
services for early learning.
(n) To promote the development of a cohesive, comprehensive, and sustainable early learning system, the office shall partner with the schools participating in the program to collaborate with:
(1) Other early learning providers, including those providing the programs and services specified in section 302L-2(2)(A), to promote alignment between prekindergarten and elementary school programs and to support children and their families in making successful transitions from prekindergarten into kindergarten; and
(2) Early intervention programs.
[(h)] (o) The office shall
collect data, with assistance from the department of education based on a
schedule to be determined by the office, to:
(1) Evaluate the services provided;
(2) Inform policy; and
(3) Make any improvements to the program.
[(i)] (p) The department of
education and any public charter school existing pursuant to chapter 302D, may
use available classrooms for public preschool programs statewide. The office
shall give priority to public charter schools that serve high populations of
underserved or at-risk children. Preschool classrooms established pursuant to
this section shall be in addition to any classrooms used for the pre-plus
program established pursuant to [rules adopted by the department pursuant to
chapter 91.] section 302L-1.7.
[(j)] (q) The office shall adopt
rules pursuant to chapter 91 necessary to carry out the purposes of this
section, including compliance with all applicable state and federal laws."
PART VI
SECTION 16. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Public prekindergarten classes; annual report to the legislature. The department shall submit to the legislature an annual report regarding the number and location of public prekindergarten classes that it operates, numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken, and the sources of funding for each class."
SECTION 17. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Public prekindergarten classes; annual report to the legislature. Every authorizer shall submit to the legislature an annual report regarding the number and location of public prekindergarten classes under its chartering authority, numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken, and the sources of funding for each class."
SECTION 18. Chapter 302L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302L- Public prekindergarten classes; annual report to the legislature. The office shall submit to the legislature an annual report regarding the number and location of public prekindergarten classes that it administers, numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken, and the sources of funding for each class."
PART VII
SECTION 19. There is appropriated out of the general revenues of the State of Hawaii the sum of $4,000,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 to provide funding for the eighteen existing pre-kindergarten classrooms in public charter schools in the State.
The sums appropriated shall be expended by the state public charter school commission for the purposes of this part.
PART VIII
SECTION 20. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 21. This Act shall take effect on July 1, 2050.
Report Title:
DOE; Education; Adequacy Study; Executive Office on Early Learning; State Public Charter School Commission; Appropriations
Description:
Requires the Department of Education to contract with a third-party consultant that specializes in school finance to study the adequacy of education funding in Hawaii. Appropriates moneys for the study. Clearly establishes the Executive Office on Early Learning as the administrative authority for State-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs. Requires the Department of Education in its implementation of Title I-funded prekindergarten classrooms to adhere to certain quality standards and work with the Executive Office on Early Learning. Defines the roles and responsibilities of the Executive Office on Early Learning and Department of Education as they relate to the Executive Office on Early Learning Public Prekindergarten Program. Appropriates funds to the eighteen existing pre-kindergarten classrooms in State charter schools. (SB78 HD2 PROPOSED)
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