THE SENATE |
S.B. NO. |
78 |
THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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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
PURPOSE
SECTION 1. 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
and private partnership-funded prekindergarten programs in the public schools,
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 that the
authority 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’s
children from prenatal to age five, respectively. The purpose of Act 108, Regular Session of
Hawaii 2015, was in part to "(a)mend or repeal various early childhood
education provisions of chapter 302A … that fall under the purview of the
executive office on early learning, and not the department of education." The purpose of Act 175, Regular Session of
Hawaii 2018, was in part to "(make) housekeeping amendments to remove
preschools from the Superintendent's scope of authority."
While the legislature recognizes the independence and authority
of the executive office on early learning, it also recognizes the transition
and alignment that is needed to ensure a continuum of early childhood
development and learning from prenatal to the year before kindergarten, and
through kindergarten and beyond. The
recently finalized Hawaii Early Childhood State Plan 2019-2024, which provides
a roadmap for stakeholders statewide to work together to reach our desired
outcomes for young children, confirms the need for information-sharing and
collaboration between diverse settings to support children and families as they
move between settings and transition into kindergarten and the primary grades –
and thus help ensure children’s long-term success. It identifies as a priority for collective
action the coordination of support and advocacy for such aligned and seamless
transition practices, especially for children transitioning from preschool to
kindergarten. One of the
responsibilities of the executive office on early learning toward the State
Plan is to coordinate and advocate for such transitions.
Therefore,
the purpose of this Act is to:
(1) Clearly establish the executive office on early learning as the administrative authority for state-funded prekindergarten programs, and private partnership-funded prekindergarten programs in the public schools, except for special education and Title I-funded prekindergarten programs;
(2) Expand
the executive office on early learning public prekindergarten program by
transferring to the office:
(A) From the department of education, State-funded prekindergarten programs, private partnership-funded prekindergarten programs in the public schools, and classrooms to provide general education settings for children whose individualized education programs require such placement; and
(B) From the state public charter school commission, the eighteen classrooms at eleven charter schools across the state that are currently funded through the federal preschool development grant from the United States Department of Education and United States Department of Health and Human Services, which will end after the 2018-2019 school year,
and thus make strides toward
building a coordinated system of early learning that is of consistent
high-quality as intended by the legislature;
(3) More clearly define the roles and responsibilities of the executive office on early learning and department of education as related to the executive office on early learning public prekindergarten program; and
(4) 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.
PART
II
ADMINISTRATIVE
AUTHORITY FOR PREKINDERGARTEN PROGRAMS
SECTION 2. 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, including private
partnership-funded classrooms and classrooms to provide general education
settings for children whose individualized education programs require such
placement; provided further that the department may establish Title I-funded
prekindergarten classrooms. The
department shall collaborate with the executive office on early learning to
coordinate services for children who are placed through their individualized
education programs in a general education prekindergarten setting in a
classroom offered by the executive office on early learning public
prekindergarten program. Under policies established by the
early learning board, the executive office on early learning shall have
administrative authority over all state-funded prekindergarten programs, and
private partnership-funded prekindergarten programs in the public schools,
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, private
partnership-funded prekindergarten programs in the public schools, and
classrooms to provide general education settings for children whose
individualized education programs require such placement, 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 provide, and have administrative authority over, 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 3. 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 4. 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, and private partnership-funded prekindergarten programs in the
public schools, 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 provide,
and have administrative authority over, 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,
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 5. 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, and
private partnership-funded prekindergarten programs in the public schools,
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 provide, and
have administrative authority over, services generally provided to the schools
excluding those services related to curriculum, instruction, assessment, and
professional learning support, but including operating and maintaining capital
improvement and repair and maintenance programs for any facility on a
department school campus at which the executive office on early learning
administers programs, and evaluation of teaching staff. 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
6. 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 7. 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 and private partnership-funded prekindergarten programs in the
public schools, 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."
PART III
TITLE I-FUNDED PREKINDERGARTEN
SECTION 8. 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; provided that if any
quality standard incorporated in the executive office on early learning public
prekindergarten program is found to be in conflict with federal requirements
that are a prescribed condition for the allocation of federal funds to the
State, the department shall adhere to the federal requirements with respect to
the conflicting standard, and this finding does not affect the requirement that
the department adhere to the remainder of the quality standards incorporated in
the executive office on early learning public prekindergarten program in its
implementation of Title I-funded prekindergarten classrooms.
(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 development 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."
PART IV
EOEL PUBLIC PREKINDERGARTEN PROGRAM
SECTION 9. 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 programs 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 10. 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[;] and state public charter school commission 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 development 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 program 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; provided that application of this principle does not
anticipate or permit imposing caps or quotas on the number of children with
disabilities in a program or not individualizing services for children with disabilities
under the Individuals with Disabilities Education Act of 2004 (20 U.S.C.
1400-1409, 1411-1419, 1431-1444, 1450-1482).
The department of education shall collaborate with the office 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 programs 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;
(3) Family engagement[; and] in
partnership with the schools, including conducting outreach for enrollment and
engagement of 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[.];
(5) A teacher who has coursework in early
childhood education pursuant to Hawaii teacher standards board licensing
requirements for a prekindergarten teacher.
For program purposes, a teacher shall satisfy the Hawaii teacher
standards board licensing requirements for a prekindergarten teacher or be
enrolled in a State-approved teacher education program and working toward
satisfying the Hawaii teacher standards board licensing requirements; 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.
The office shall monitor implementation of the high-quality educational experience for children.
[(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 participating in the program shall participate in
coaching and mentoring offered through the office; provided that the office
shall cover the associated travel and substitute teacher costs. The office may extend this support, excluding
travel and substitute teacher costs, to individuals who are not participating
in the program to promote alignment between all grade levels, programs, and
settings.
(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, including school-wide
professional development relating to social emotional learning, cultural and
place-based instructional strategies, and transition to kindergarten.
(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(A)(2), 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 and state public charter school
commission, 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."
SECTION 11. Section 346-152, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Nothing in this part shall be construed to include:
(1) A person caring for children related to the caregiver by blood, marriage, or adoption;
(2) A person, group of persons, or facility caring for a child less than six hours a week;
(3) A kindergarten, school, or child care program licensed or certified by the department of education or the United States Department of Defense and located on federal property;
(4) A classroom administered by the executive
office on early learning pursuant to section 302L-7;
[(4)] (5) A program that provides exclusively for a
specialized training or skill development for children, including but not
limited to programs providing activities such as athletic sports, foreign
language, the Hawaiian language, dance, drama, music, or martial arts;
[(5)] (6) A multiservice organization or community
association, duly incorporated under the laws of the State, that operates for
the purpose of promoting recreation, health, safety, or social group functions
for eligible pupils in public and private schools through seventeen years of
age;
[(6)] (7) Programs for children four years of age and
older that operate for no more than two consecutive calendar weeks in a
three-month period;
[(7)] (8) A provider agency operating or managing a
homeless facility or any other program for homeless persons authorized under
part XVII;
[(8)] (9) After-school, weekend, and summer recess
programs conducted by the department of education pursuant to section 302A-408;
[(9)] (10) Child care programs conducted by counties
pursuant to section 302A-408; provided that each county adopts rules for its
programs;
[(10)] (11) Any person who enters a home in a child
caring capacity and only cares for children who are of that household;
[(11)] (12) A person caring for two or fewer children
unrelated to the caregiver by blood, marriage, or adoption; and
[(12)] (13) A child care program licensed by the Hawaii
council of private schools. A child care
program claiming an exemption under this paragraph shall submit an application
for the exemption on a form provided by the department and shall provide to the
department evidence that the licensing standards of the Hawaii council of
private schools meet or exceed the department's standards for a comparable
program, including a monitoring component.
Upon application of a child care program for the exemption under this
paragraph, the department shall have the discretion to determine whether the
licensing standards of the Hawaii council of private schools meet or exceed the
department's standards."
PART V
REPORT
TO THE LEGISLATURE
SECTION 12. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302L- Public prekindergarten classrooms; annual
report to the legislature. The
department shall submit to the legislature an annual report regarding special
education and Title I-funded prekindergarten programs, to include, as related
to each type of program:
(1) The number and location of classrooms;
(2) Numbers of students served and aggregated
by birth month as of the date on which the official enrollment count is taken;
(3) Sources of funding for each classroom;
(4) Quality of teacher-child interactions
relating to social emotional support, classroom structure, and quality of
learning experiences, as assessed using a formative assessment tool; and
(5) Child outcomes relating to all areas of childhood development and learning, including cognitive, linguistic, social, and emotional approaches to learning and health and physical development, as assessed using a formative assessment tool."
SECTION 13. Chapter 302L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302L- Public prekindergarten classrooms; annual
report to the legislature. The
office shall submit to the legislature an annual report regarding State-funded
prekindergarten programs and private partnership-funded prekindergarten
programs in the public schools, except special education and Title I-funded
prekindergarten programs, to include, as related to each type of program:
(1) The number and location of classrooms;
(2) Numbers of students served and aggregated
by birth month as of the date on which the official enrollment count is taken;
(3) Sources of funding for each classroom;
(4) Quality of teacher-child interactions
relating to social emotional support, classroom structure, and quality of
learning experiences, as assessed using a formative assessment tool selected by
the office; and
(5) Child outcomes relating to all areas of
childhood development and learning, including cognitive, linguistic, social,
and emotional approaches to learning and health and physical development, as
assessed using a formative assessment tool selected by the office.
The department and state public charter school commission shall share data with the office necessary for the purposes of this report."
PART
VI
APPROPRIATIONS
SECTION 14. There is appropriated out of the general revenues of the State of Hawaii the sum of $362,000 or so much thereof as may be necessary for fiscal year 2019-2020 and $989,120 or so much thereof as may be necessary for fiscal year 2020-2021 to the executive office on early learning for operational costs to expand the executive office on early learning public prekindergarten program by 10 additional classrooms, which shall be allocated as follows:
(1) $110,000 for fiscal year 2019-2020 for the early learning induction program;
(2) $59,000 for fiscal year 2020-2021 for the early learning academy;
(3) $252,000 for fiscal year 2019-2020 and $93,000 for fiscal year 2020-2021 for classroom furniture, supplies, and administrative costs;
(4) $546,220 for fiscal year 2020-2021 for 10 full-time equivalent (10.0 FTE) preschool teacher positions; and
(5) $290,900 for fiscal year 2020-2021 for 10 full-time equivalent (10.0 FTE) educational assistant III positions.
The sum appropriated shall be expended by the executive office on early learning for the purposes of this Act.
SECTION 15. The director of finance is authorized to
issue general obligation bonds in the sum of $6,500,000 or so much thereof as
may be necessary and the same sum or so much thereof as may be necessary is
appropriated for fiscal year 2019-2020 for the purpose of retrofitting 10 classrooms on department school
campuses that will be used to expand the executive office on early learning
public prekindergarten program.
The sum appropriated shall be expended by the executive office on early learning for the purposes of this Act.
SECTION 16.
There is appropriated out of the general revenues of the State of Hawaii
the sum of $885,000 or so much thereof as may be necessary for fiscal year
2019-2020 and $681,000 or so much thereof as may be necessary for fiscal year
2020-2021 to expand the executive office on early learning public
prekindergarten program with prekindergarten classrooms transferred from the
department of education to the executive office on early learning pursuant to
this Act.
The sums
appropriated shall be expended by the executive office on early learning
for the purposes of this Act.
SECTION 17.
There is appropriated out of the general revenues of the State of Hawaii
the sum of $115,000 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 for the executive office on early learning to provide professional
learning support for teachers and principals of 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 Act.
SECTION 18. 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 $4,000,000 or so much thereof as may
be necessary for fiscal year 2020-2021 to continue the currently existing
eighteen federally funded charter school prekindergarten classrooms that were
provided for by the federal preschool development grant, by adding them as new
classrooms in the executive office on early learning public prekindergarten
program that are subject to a memorandum of agreement or memorandum of
understanding that is entered into with the executive office on early learning
pursuant to the requirements of section 302L-7, Hawaii Revised Statutes. This appropriation shall be exempt from
section 302D-28, Hawaii Revised Statutes.
The sum appropriated shall be expended by the executive office on early learning for the purposes of this Act.
SECTION 19. There is appropriated out of the general revenues of the State of Hawaii the sum of $132,037 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 additional positions to support the executive office on early learning public prekindergarten program, which shall be allocated as follows:
(1) $91,909 for fiscal year 2019-2020 and $91,909 for fiscal year 2020-2021 for one full-time equivalent (1.00 FTE) permanent educational specialist II position; and
(2) $40,128 for fiscal year 2019-2020 and $40,128 for fiscal year 2020-2021 for one full-time equivalent (1.00 FTE) permanent secretary IV position.
The sum appropriated shall be expended by the executive office on early learning for the purposes of this Act.
SECTION 20. There is appropriated out of the general revenues of the State of Hawaii the sum of $145,123 or so much thereof as may be necessary for fiscal year 2019-2020 and $126,423 or so much thereof as may be necessary for fiscal year 2020-2021 to the executive office on early learning for additional operating costs and positions to support the executive office on early learning public prekindergarten program, which shall be allocated as follows:
(1) $8,200 for fiscal year 2019-2020 for computer equipment;
(2) $3,028 for fiscal year 2019-2020 and $528 for fiscal year 2020-2021 for phones and phone lines;
(3) $8,000 for fiscal year 2019-2020 for furniture;
(4) $93,231 for fiscal year 2019-2020 and $93,231 for fiscal year 2020-2021 for one full-time equivalent (1.0 FTE) institutional analyst I position; and
(5) $32,664 for fiscal year 2019-2020 and $32,664 for fiscal year 2020-2021 for one full-time equivalent (1.0 FTE) office assistant IV position.
The sums appropriated shall be expended by the executive office on early learning for the purposes of this Act.
SECTION 21. There is appropriated out of the general revenues of the State of Hawaii the sum of $20,128 or so much thereof as may be necessary for fiscal year 2019-2020 and $528 or so much thereof as may be necessary for fiscal year 2020-2021 to the executive office on early learning for additional operating costs to support the systems-building work of the office, which shall be allocated as follows:
(1) $8,200 for fiscal year 2019-2020 for computer equipment;
(2) $3,928 for fiscal year 2019-2020 and $528 for fiscal year 2020-2021 for phones and phone lines; and
(3) $8,000 for fiscal year 2019-2020 for furniture.
The sum appropriated shall be expended by the executive office on early learning for the purposes of this Act.
SECTION 22. Provided that of the general funds appropriated pursuant to section 3, item G-9, of the General Appropriations Act of 2019 (H.B. 2, H.D. 1, S.D. 1, C.D.1), the following positions are authorized:
(1) One full-time equivalent (1.00 FTE) permanent program specialist V position for fiscal year 2019-2020 and fiscal year 2020-2021 to coordinate efforts in the development of Hawaii's early childhood workforce; and
(2) One full-time equivalent (1.00 FTE) permanent communication specialist position for fiscal year 2019-2020 and fiscal year 2020-2021 to facilitate communication needs of the executive office on early learning and the early learning board.
The sum appropriated shall be expended by the executive office on early learning for the purposes of this Act.
PART VII
TURNOVER
SAVINGS AND TRANSFERS
SECTION 23. There is appropriated out of the general revenues of the State of Hawaii the sum of $153,000 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 for teacher certification incentives; provided that the sum appropriated shall be considered a recurring adjustment to the base budget.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 24. There is appropriated out of the general revenues of the State of Hawaii the sum of $155,000 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 for school climate and student safety initiatives; provided that the sum appropriated shall be considered a recurring adjustment to the base budget.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 25. There is appropriated out of the general revenues of the State of Hawaii the sum of $774,110 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 school-based budgeting; provided that the sum appropriated shall be considered a recurring adjustment to the base budget.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 26. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,500,000 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 for early college programs in high schools.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 27. There is appropriated out of the general revenues of the State of Hawaii the sum of $575,000 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 for teacher license fees; provided that the sum appropriated shall be considered a recurring adjustment to the base budget.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 28. There is appropriated out of the general revenues of the State of Hawaii the sum of $226,640 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 school support; provided that the sum appropriated shall be considered a recurring adjustment to the base budget.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 29. There is appropriated out of the general revenues of the State of Hawaii the sum of $7,608,587 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 skilled nursing services; provided that the sum appropriated shall be considered a recurring adjustment to the base budget.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 30. There is appropriated out of the general revenues of the State of Hawaii the sum of $422,091 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 state administration; provided that the sum appropriated shall be considered a recurring adjustment to the base budget.
The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 31. Provided that of the general funds appropriated pursuant to section 3, item G-2, of the General Appropriations Act of 2019 (H.B. 2, H.D. 1, S.D. 1, C.D.1), the sum of $1,800,183 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 shall be expended for other current expenses and personal services for applied behavioral analysis services; provided further that the sum appropriated pursuant to this section shall be transferred from personal services to other current expenses and personal services for applied behavioral analysis services by the department of education for the purposes of this section.
The sum
appropriated shall be expended by the department of education for the purposes of
this Act.
PART
VIII
MISCELLANEOUS
SECTION 32. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the entire Act shall be invalidated, and the Act shall not be given effect, and to this end the provisions of this Act are non-severable.
SECTION 33.
Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 34. This Act shall take effect on July 1, 2019.
Report Title:
DOE; Executive Office on Early Learning; State Public Charter School Commission; Appropriations
Description:
Establishes the Executive Office on Early Learning (EOEL) as the administrative authority for state-funded prekindergarten programs, and private partnership-funded prekindergarten programs in the public schools, except for special education and Title I-funded prekindergarten programs. Transfers prekindergarten programs in DOE and charter schools, except for special education and Title I-funded prekindergarten programs, to EOEL. Clarifies the role and responsibilities of EOEL in the public prekindergarten program. Requires DOE to adhere to certain quality standards and work with EOEL. Makes appropriations. (SB78 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.