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Article X - revised

Page history last edited by Marty 1 yr ago

Article VAccess original Article X

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EDUCATION

PUBLIC EDUCATION

Note

This article was renumbered from Article IX to be Article X by Const Con 1978 and election Nov 7, 1978. The former Article X now appears as Article XI.

Section 1. The State shall provide for the establishment, support and control of a statewide system of public schools free from sectarian control, a state university, public libraries in partnership with counties, and such other educational institutions as may be deemed desirable, including physical facilities therefor. Public libraries shall be a County function and must include full Internet access to the fullest extent technically possible. The State shall also provide educational alternatives to district schools, including public charter schools, and a voucher system for approved non-sectarian schools of choice, or optional educational programs concluding with an accredited Hawaii high school diploma. There shall be no discrimination in public educational institutions or educational alternatives because of race, religion, sex or ancestry.  ; nor shall public funds be appropriated for the support or benefit of sectarian private educational institutions, except that proceeds of special purpose revenue bonds authorized or issued under section 12 of Article VII may be appropriated to finance or assist:

  1. Not-for-profit corporations that provide early childhood education and care facilities serving the general public; and
  2. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities.
  3. Not-for-profit organizations serving the general public by supporting development and facilities of schools of choice, optional programs and charter schools                                                        [this record will change of courseRen and am Const Con 1978 and election Nov 7, 1978; am L 1994, c 280, §4 (HB 2692-94) and election Nov 8, 1994; am HB 2848 (2002) and election Nov 5, 2002]

Curtis' Rationale: Agree with removal of "statewide system" idea to enhance autonomy; cannot obligate county $ via constitution, therefore put back public libraries in "partnership" with counties; took out internet as a perishable element--who knows what comes next in the future; broaden types of schools state must support to include any type of non-sectarian accredited school based in Hawaii that gives a high school diploma, or moves students toward one credit-wise, which leaves out unaccredited K-11 homeschools, but not valid homeschool programs--this also furthers support for GED track programs in the DOE; put back SPRBs, and add 501(c)(3) access in support of charter schools, schools of choice (i.e. magnet schools), and optional schools (i.e. NG Youth Challenge, Job Corp, etc.)

State Board of Education

There shall be a state board of education composed of five members who shall be appointed by the Governor, as provided by law, with each member representing one of the four standing county divisions of Hawai`i, Maui, Oahu (City and County), and Kauai, and one at-large seat. Appointments of the board members shall be two years, with no limit on number of terms a member may serve. The Governor may remove no more than two board members in any even numbered year. The county seats must be filled by residents of the respective counties.The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the State Board of Education.

Rationale:  Regardless of the change in 1964, I believe an "appointed" BOE is untested relevant to today's conditions. I believe the lack of accountability in the current BOE is a key feature that needs attention. Putting statewide educational oversight with the Executive, while allowing statewide policy (as needed) to come out of the legislature will keep balance, and the districts remain at arm's length to make local policies that work for them.

 

POWER OF THE STATE BOARD OF EDUCATION

The state board of education shall have the power, as provided by law, to formulate statewide educational policy in consultation with in cases where it has received the approval of all district boards of education;.  The state board of education shall also have the power to audit district operations and make recommendations to district boards of education based upon such audits; disburse federal program monies and oversee compliance with federal programs;

shall distribute operational funds to each school district and each charter school, as well as for each educational alternative, by using a formula that allocates moneys based on the number of students in each district,

coordinate statewide funding formulae, including grant searches; provide oversight of risk management, debt service, and benefits with the department of budget and finance; oversee the statewide public school payroll system; oversee SPED/IDEA resource management; advocate for initiatives and legislation to benefit the districts' autonomy.

Rationale: Consult with district before creating statewide policy; audits preserve accountability top to bottom, but SBOE is only a recommending body down to districts; creates federal program and compliance umbrella (actually, this is a very good DOE idea that has not sprouted legs yet); WSF oversight with emphasis on supplementing resources through a grant writing umbrella;  risk, debt, benefits and payroll are statewide, interdepartmental interests; payroll/personnel is tied to federal compliance via NCLB and other fed issues, as are SPED/IDEA; finally, the SBOE shall be mandated to advocate for district autonomy.

jk's rationale:  The phrase "as provided by law" authorizes the Legislature to formulate education policy.  The deletion of this phrase reduces the confusion over the responsibility for public education and is consistent with the "Role of the Legislature" (below).  The second revision requires the state board of education to obtain the approval of all district boards of education in order to formulate statewide educational policy -- not just consult with them (and ignore what they say).  This revision would ensure that statewide educational policy truly benefits all districts.

Marty's reason: This moves Education Agency into SBOE, as we don't need another state agency.  By removing payroll system from SBOE, Districts can negotiate their own contracts with teachers.

 

BOARD OF EDUCATION

Section 2. There shall be a board of education composed of members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, [from (15) complex areas] from two at-large school board districts. The first school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated. The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law. There shall be at least one member residing in each [complex area] departmental school district. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education. [Am HB 4 (1963) and election Nov 3, 1964; ren and am Const Con 1978 and election Nov 7, 1978; am HB 2688 (1988) and election Nov 8, 1988]

 

POWER OF THE BOARD OF EDUCATION

Section 3. The board of education shall have the power, as provided by law, to formulate statewide educational policy and appoint the superintendent of education as the chief executive officer of the public school system. [Am HB 421 (1964) and election Nov 3, 1964; ren and am Const Con 1978 and election Nov 7, 1978; am L 1994, c 272, §15 (HB 3657-94) and election Nov 8, 1994]

 

SCHOOL DISTRICT BOARDS OF EDUCATION

Section 2.  There shall be at least 27 district boards of education with exclusive jurisdiction over the internal structure, management, and operation of the district. There shall be no fewer than six districts on the Big Island of Hawaii, three on Maui, one on Molokai, one on Lanai, two on Kauai, one on Niihau, and thirteen on Oahu.  There shall be no fewer than 42 be two districts in the County of Hawaii, with East Hawaii including Hamakua, Hilo and Puna, and West Hawaii including Kohala, Kona and Kau; one for Maui County, including Lanai, Molokai and Kahoolawe; one for Kauai County, including Niihau; four districts for Oahu, including Windward, Honolulu, Central, and Leeward Districts. independent school districts, each with a governing board of education, composed of members who shall be elected in a nonpartisan manner by qualified voters of the district.  Each district board shall have five members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from the respective school districts.

jk's rationale:  Big districts are unnecessary and have the potential to unnecessarily grow the bureaucracy.  National research shows that smaller school districts expend a greater proportion of their budgets for classroom supplies than bigger districts.  Hawaii's charter schools have shown that it is possible to set up districts with the minimum of overhead because charter schools are, in effect, very small independent school districts.   Among the regular public schools (those that are not charter schools), each high school and its feeder middle schools and elementary schools should be considered as a unit that should be as independent as practicable.  Although it is preferable to designate each high school complex as an independent school district (my original revision), a compromise is being made here.  However, there should be some thought to how districts are formulated, and it should not be based only on historical factors, administrative convenience, or unproven assumptions.  One factor should be that similar communities should be put in the same district whenever possible, and unlike communities should be put in different districts.  For example, it doesn't make much sense to put the Waianae High School Complex and the Kapolei High School Complex in the same district.   Those communities are very different, and schools should reflect their communities.  Also, distrance and travel are other factors that should be minimized so that district board members and members of other district committees won't have to make long commutes to attend meetings.  For example, it makes sense to designate the Molokai High School Complex (the island of Molokai) as a separate district.  Anyway, the residents of Molokai seem to be so intensely interested in community issues that I think they would prefer not having Maui people involved in saying how the Molokai schools are run.  I don't know if 27 anything magical for the number of districts, as I'm not familiar with the character of the communities on all islands (although 27 just happens to be 3 x 3 x 3, which is quite cool to those who may be mathematically inclined).  Perhaps that number should be slightly more, or maybe slightly fewer.

POWER OF DISTRICT BOARDS OF EDUCATION

OKAY ALL YOU  FULL AUTONOMY ADVOCATES! How about you have a go here to see if we cannot experiment with state level power vs district autonomy?

Of the tens of thousands of full autonomy advocates in Hawaii, I seem to be the only one on this forum, so I accept your challenge.  -- jk

 

 

CHARTER SCHOOL AGENCY

Section 3.  There shall be a charter school agency composed of members who shall be nominated and, by and with the advice and consent of the senate, appointed by the governor.  The charter school agency shall have the authority to issue charters that authorize charter schools to operate, to evaluate charter schools, and to retract charters.  Each charter school shall be an independent unit with a governing board of education that shall have exclusive jurisdiction over the internal structrure, management, and operation of the school.

There shall be a charter school agency composed of members nominated by the charter schools, and approved by the State Board of Education. The charter school agency shall have the authority to issue charters to operate, periodically evaluate performance of the schools, assist in school improvement, and revoke charters in the interest of the children they serve. Each charter shall include provisions for a Local School Board that shall have jurisdiction over governance, budgets and regular operations of the school. The charter school agency may approve additional authorizers, including but not limited to the University of Hawaii, county mayors, the legislature, and the office of the Governor.

Note: The current charter school review panel (CSRP) is still technically under constitutional control of the current BOE. Their oversight, for various historical reasons, has been the greatest hindrance to charter school progress. The establishment of an autonomous CSRP-like body will not create another layer of bureaucracy, as BOE members have opined. Rather, because the nature of charter schools is contract-like, the task of the CS Agency would be more like a reviewing body for alignment with the contract (known as a Detailed Implementation Plan, or DIP); health and safety, audits, technical support, assistance while on probation, and some kinds of federal compliance issues are within the realm of the CSRP vis-a-vis DIPs.

End of my changes for this round.

EDUCATION AGENCY

Section 4.  There shall be an education agency composed of members who shall be nominated and, by and with the advice and consent of the senate, appointed by the Governor.  The education agency  State shall distribute operational funds to each school district and each charter school, as well as for each educational alternative, by using a formula that allocates moneys based on the number of students in each and the characteristics of each student.  The formula shall include an additional factor for charter schools and educational alternatives that represents the use of facilities.  The education agency State shall also distribute capital improvement funds to each school district based upon specified criteria.

Marty's reason: Do we want another centralized agency when we are trying to decentralize education.

 

ROLE OF THE LEGISLATURE

Section 5.  The legislature shall appropriate operational funds and capital improvement  funds for public education to the education agency in separate lump sums.  The legislature shall pass no law affecting the management of any public school, with the exception of matters related to health, safety, equal opportunity and federal compliance.

 

HAWAIIAN EDUCATION PROGRAM

Section 4 6. The State shall promote the study of Hawaiian culture, history and language

The State shall provide for a Hawaiian education program consisting of language, culture and history in the public schools. The use of community expertise shall be encouraged as a suitable and essential means in furtherance of the Hawaiian education program. [Add Const Con 1978 and election Nov 7, 1978]

 

UNIVERSITY OF HAWAII

Section 5 7. The University of Hawaii is hereby established as the state university and constituted a body corporate. It shall have title to all the real and personal property now or hereafter set aside or conveyed to it, which shall be held in public trust for its purposes, to be administered and disposed of as provided by law. [Ren and am Const Con 1978 and election Nov 7, 1978]

 

U of H BOARD OF REGENTS; POWERS

Section 6 8. There shall be a board of regents of the University of Hawaii, the members of which shall be nominated and, by and with the advice and consent of the senate, appointed by the governor. At least part of the membership of the board shall represent geographic subdivisions of the State. The board shall have the power to formulate policy, and to exercise control over the university through its executive officer, the president of the university, who shall be appointed by the board. The board shall also have exclusive jurisdiction over the internal structure, management, and operation of the university. This section shall not limit the power of the legislature to enact laws of statewide concern. The legislature shall have the exclusive jurisdiction to identify laws of statewide concern. [Am HB 253 (1964) and election Nov 3, 1964; ren and am Const Con 1978 and election Nov 7, 1978; am SB 539 (2000) and election Nov 7, 2000]

 

Elemantary, Middle and High School Board of Regents shall consist of one person elected by each school district and it shall have the following functions only:

  • Establishment of the criteria for completion of each grade level
  • Requirements for each of several degrees the will be issued by the High School Board of Regents.

 (College prep, etc)

Comments (42)

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Curtis Muraoka said

at 12:41 am on May 31, 2008

Peter--I suspect I'm not in the right mode to do the edits as you described, but I experimentally took a stab at a revision of Section 2. I'll be back to try again when it's not after midnight...ZZzzzzz.

Section 2. There shall be a STATEWIDE board of education composed of FIVE members who shall be APPOINTED BY THE EXECUTIVE POWERS OF THE GOVERNOR, as provided by law, WITH ONE MEMBER SEATED from EACH COUNTY, WITH ONE ADDITIONAL AT-LARGE SEAT. The first school board district shall be comprised of the COUNTY of HAWAII. The second school board district shall be comprised of the COUNTY of Maui WHICH INCLUDES Lanai, Molokai, AND Kahoolawe. THE THIRD SCHOOL BOARD DISTRICT SHALL BE COMPRISED OF THE COUNTY OF Kauai, WHICH INCLUDES Niihau. THE FOURTH SCHOOL BOARD DISTRICT SHALL BE COMPRISED OF THE CITY AND COUNTY OF HONOLULU, WHICH INCLUDES THE ENTIRE ISLAND OF OAHU. THE FIFTH at-large school board district MAY be APPOINTED FROM ANY departmental school district, as may be provided by law. THE APPOINTED MEMBERS SHALL RESIDE IN THE SCHOOL BOARD DISTRICTS THEY REPRESENT. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the STATE board of education.
FURTHER, THERE SHALL BE DISTRICT BOARDS OF EDUCATION FROM EACH DEPARTMENT DISTRICT REPRESENTING EAST HAWAII, WEST HAWAII, MAUI, KAUAI, HONOLULU, WINDWARD OAHU, CENTRAL OAHU, AND LEEWARD OAHU EACH CONSISTING OF THREE MEMBERS, ELECTED BY QUALIFIED VOTERS FROM THE RESPECTIVE DEPARTMENT DISTRICTS, WHOSE MEMBERSHIP TOGETHER SHALL SERVE AS THE ADVISORY PANEL TO THE STATE BOARD OF EDUCATION.

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Peter Kay said

at 9:21 am on May 31, 2008

What happened when you clicked on the edit tab? Try that. It should work.

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Jimmy Kuroiwa said

at 8:34 pm on May 31, 2008

I am making an attempt to amend Article X Section 2 and 3. The end result we are seeking is a Board of Education with elected representatives from DOE established complex areas. Currently there are 15 and I have placed them in (...)'s for the number should be deleted in the final draft of the amendment, because the number could change to the 42 high school complexes we have today.

The elected representation from the boundaries of the Complex Areas will have the elected representative accountable to his/her Complex Area constituents and schools. Something we fail to have today.

We must have the election of Board members serving four year terms with a two term limit and the election staggard as is today. If we have 15 members, in 2010 we have 7 running for 2 year terms, and 8 running for 4 year terms, in 2012 we have 7 running for 4 year terms and we are okay from then. We must allow the 2 year term elected members, because of a short term, able to run in two full 4 year terms, thus they can serve six years.

The change in section 3 is to have the BOE select a superintendent of education and not a CEO. Also, the BOE must approved a "job disciption" or "Position Results Description" for the superintendent that is clear and with objectives that will shift decision making for curriculum and management of funds to the Complex Areas and their schools. The superintendent becomes a coordinator and not a CEO and must have a mind set to change the current system of top down management.

It is very difficult for us to desolve the statewide school system. I believe we blame the statewide system for the poor performance of Hawaii's public schools when in truth, it is the personnel within the system that causes the poor performance. When we evaluate the successful schools, we find strong leadership by the principal and a large number of dedicated teachers, with supportive parents.

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jk said

at 11:23 pm on Jun 1, 2008

My amendments are based on the following:

1. Research shows that smaller districts provide better education than larger districts when all other factors are equalized.
2. Research also shows that maximum economies of scale are achieved with 1,000 students in a district, and larger districts do not achieve additional economies of scale.
3. The financing of public education should continue to be done on a statewide basis in order to ensure fairness.
4. Each function should be performed at the lowest possible level in order to ensure that it will be done in ways that are most sensitive to the needs of students.
5. Communities should control what is happening in their schools.
6. Competition in public education should be increased in order to motivate improvement.
7. The legislature should be prevented from micro-managing public schools so that clear lines of responsibility and authority can be established, fostering accountability.

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Jimmy Kuroiwa said

at 8:13 am on Jun 2, 2008

Jimmy Kuroiwa said
at 8:34 pm on May 31, 2008


I am making an attempt to amend Article X Section 2 and 3. The end result we are seeking is a Board of Education with elected representatives from DOE established complex areas. Currently there are 15 and I have placed them in (...)'s for the number should be deleted in the final draft of the amendment, because the number could change to the 42 high school complexes we have today.

The elected representation from the boundaries of the Complex Areas will have the elected representative accountable to his/her Complex Area constituents and schools. Something we fail to have today.

We must have the election of Board members serving four year terms with a two term limit and the election staggard as is today. If we have 15 members, in 2010 we have 7 running for 2 year terms, and 8 running for 4 year terms, in 2012 we have 7 running for 4 year terms and we are okay from then. We must allow the 2 year term elected members, because of a short term, able to run in two full 4 year terms, thus they can serve six years.

The change in section 3 is to have the BOE select a superintendent of education and not a CEO. Also, the BOE must approved a "job disciption" or "Position Results Description" for the superintendent that is clear and with objectives that will shift decision making for curriculum and management of funds to the Complex Areas and their schools. The superintendent becomes a coordinator and not a CEO and must have a mind set to change the current system of top down management.

It is very difficult for us to desolve the statewide school system. I believe we blame the statewide system for the poor performance of Hawaii's public schools when in truth, it is the personnel within the system that causes the poor performance. When we evaluate the successful schools, we find strong leadership by the principal and a large number of dedicated teachers, with supportive parents.

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Peter Kay said

at 10:38 am on Jun 2, 2008

Very good so far (at least technically). It seems that you're manually using strikethrough and underline characters but you don't need to. Let the computer do that. Just edit the article like anything else. If you want to see the differences, you can click on "page history" on the upper right, then ask to compare any two changes and the computer will automagically create the strikethroughs/underlines for you.

I'd like to try how this works out. Ideally, any user should be able to read a clean copy of the current revision, and then use the tools to look through the changes.

Make sense? Let me know how it works out.

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Al Beeman said

at 11:43 am on Jun 4, 2008

Peter,

I can't figure out how to make changes. Plus I do not think it will work to allow one person to make massive changes (many of which I want to tweak or disagree with completely). How will be ever come to any agreement.?

I think there needs to be moderated discussion by paragraph followed by paragraph changes made as agreement is attained.

For example, I will not ever agree to vouchers for religious schools. There are too many school districts, the ideas expressed on the concon site are more in line with what I think it should be. The role of the lower school Board of Regents from the concon site is not here and I suspect it needs a better name as that name Board of Regents has a totally different meaning for the UofH.

al

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Al Beeman said

at 11:45 am on Jun 4, 2008

I see how to make changes, dumb me...
al

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Jimmy Kuroiwa said

at 4:08 pm on Jun 4, 2008

Hi JK: I am attempting to understand your proposed amendment to the State Constitution on public education Article X.

Deletions:
a. Delete in section 1, the statewide system.
b. Delete in section 1, the special revenue bonds for non profit pre-schools, care facilities, private nonsectarian and sectarian schools.
c. Delete section 2, the board of education and the process of electing its members.
d. Delete section 3, the superintendent and the department of education.

Additions:
a. Add in section 1, the providing of educational alternatives to public schools and vouchers.
b. Add new section 2, the establishment of (42) independent school districts, a governing board of education, with elected members from the independent school district with authority over internal structure, management, and operations.
c. Add new section 3, the establishment of a charter school agency, with members appointed by the governor and approved by the senate, with authority of approve, evaluate, and shut down charter schools, with each charter an independent school with a governing board with authority over internal structure, management and operations.
d. Add new section 4, the establishment of an education agency, with members appointed by the governor and approved by the senate, that distributes operational and capitol improvement funds appropriated from the legislature to independent school districts and charter schools by the weighted student formula.
e. Add new section 5, the legislature appropriates operational and capitol improvement funds in lump sum, and restricted from passing laws affecting management of schools, with exception to health and safety.

Continued:

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Jimmy Kuroiwa said

at 4:09 pm on Jun 4, 2008

Questions:
JK, you are very bold.
a. Section 1, What is your thoughts on educational alternatives to public schools?
b. Section 1, You support vouchers, how do you propose it be administered?
c. Section 2, I take it that the (42) independent school districts are the (42) high school complexes? I bracketed 42 because there will be more high schools build in the next twenty years.
d. Section 2, How many elected members will be allowed on each independent school district’s governing board of education?
e. Section 2, How do you propose operations of each governing board of education, now numbering 42, that have authority over internal structure, management, and operations?
f. Section 3, Are you not increasing the bureaucracy by creating another state agency called the charter school agency with appointed members? How many appointed members would serve on this agency? Would this agency be a replacement of the existing Board of Education?
g. Section 4, We now establish the second bureaucracy by creating an education agency with appointed members? How many appointed members will serve on this education agency? Would this agency be the replacement of the existing Board of Education?

JK, do you believe in increasing the public education bureaucracy? Or are you attempting to shift the education bureaucracy to the independent school districts and charter schools? I strongly believe is reducing the public education bureaucracy and providing control and decision making authority at the Complex level (or your independent school district level).

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Jimmy Kuroiwa said

at 4:27 pm on Jun 4, 2008

Peter,

This is wild. We are amending each others ideas and eventually end up with zero. Is there a way to keep each original revision and amend the original revision in a separate file. This way, we at least keep the original ideas of each contributor. What is happening because we will be editing the original revision, the original revision is lost and so will all the other suggested changes. I saw a "compare" section earlier and cannot find it now, but that area seemed to save the original revisions.

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Peter Kay said

at 5:37 pm on Jun 4, 2008

Jimmy,

If you click on "Page History" in the upper-right hand corner, you'll see each person's edits. You can then choose radio-buttons to indicate which 2 versions you want to compare. Let me know if this helps.

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Curtis Muraoka said

at 6:49 pm on Jun 4, 2008

Jimmy's comment that we end up with zero is telling.
Perhaps a larger view is needed before we (me included) float our pet ideas in this form.
I'll start:
Any massive change will not be accepted enough to make the change happen. Machavelli pointed out that the hardest thing to change is an entrenched system. Therefore, the increments of change, both small and large, will have to be carefully assessed. For example:
Vouchers: Too radical in this context, too Republican in a Democratic state, too divisive in a single-bureaucracy paradigm.
Complete abolishment of the current BOE: Too divisive to the single bureaucracy to simply cut off the head--a Hydra will likely be the result.
42 Independent districts: Too chaotic--sheep cannot learn to think for themselves overnight, and cannot be taught to think by the stroke of a pen.
Elevating charter schools as suggested would not serve charters necessarily. The schools as they are now are complements to a traditional system, and are not intended to supplant ALL types of educational approaches.
I believe there IS a place for the bureaucracy, and to dismantle a large structure wholesale under motivation of disgust is probably not a good idea.
The Con Con should probably find ways to provide tools for incremental change, and come with blueprints for such change, rather than be a wrecking ball only. That is why I suggest the Gov appointed BOE, with elected local BOEs.
That's my discussion starter.

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jk said

at 8:41 pm on Jun 4, 2008

Curtis, I appreciate your insights into the realities of Hawaii politics. As you say, big change doesn't have much of a chance, especially with the Democratic Party and unions against the idea of a ConCon. On the other hand, incremental change is subject the the "rubber band effect" that Jimmy refers to elsewhere on the forum. When a highly bureaucratic organization like the DOE is pulled out of shape, it will return to its original shape, or something as close to it as possible, especially if the organization didn't want to be pulled out of shape in the first place. There have been various efforts to reform public education over the past 20 or 30 years, but the bureaucracy has been quite successful in resisting all of them. Furthermore, the ConCon is a one shot deal that has to put everything in place because the Legislature or the BOE can't be depended upon to complete any reform efforts started by the ConCon. So although big change doesn't have much of a chance politically, it's the best chance for improving public education.

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jk said

at 10:16 am on Jun 5, 2008

Jimmy, Your understanding of my proposal is correct, except that the State would be continued to be allowed to issue special purpose revenue bonds to assist private schools. The existing Constitutional language prohibits the expenditure of State funds for private schools. An exception is made for special purpose revenue bonds that are issued to assist private schools. My proposal deletes the language that prohibits the expenditure of State funds for private schools. So the exception is no longer needed to continue to allow special purpose revenue bonds to be issued to assist private schools.

Let me now try to respond to your specific questions.

a. Section 1, What is your thoughts on educational alternatives to public schools?

Vouchers. I realize this is a drastic step, and some people might not support it. I think it depends upon how long a person has observed public education in Hawaii and the efforts to reform it. Those who have not been observing it for very long may believe that incremental change can be successful. Those who have observed all of the unsuccessful efforts to reform public education in the last 20 to 30 years may believe that an escalation of efforts is needed.

b. Section 1, You support vouchers, how do you propose it be administered?

I admit that I am not familiar with the administration of vouchers. However, I know that they have been around for more than 15 years in the U.S., and other countries also have them. With the experience of other jurisdictions to draw upon, I am quite certain that vouchers can be created in Hawaii. The Constitution would only have to mandate the creation of vouchers, without specifying the details of how they would be administered, and they could be administered by the proposed education agency (see “g” below).

(continued)

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jk said

at 10:17 am on Jun 5, 2008

c. Section 2, I take it that the (42) independent school districts are the (42) high school complexes? I bracketed 42 because there will be more high schools build in the next twenty years.

The 42 independent school districts would closely approximate the existing 42 school complexes. Some boundary adjustments may have to be made, but those adjustments would not have to be specified in the Constitution.

My proposal calls for “no fewer than 42 independent school districts” to allow for more to be added.

d. Section 2, How many elected members will be allowed on each independent school district’s governing board of education?

The Constitution need not specify the number of members on each district’s governing board, but I think that 5 or 7 would be appropriate.

e. Section 2, How do you propose operations of each governing board of education, now numbering 42, that have authority over internal structure, management, and operations?

Each governing board would have the discretion of determining how it wants to operate. There would be no mandates from above. What might happen is that the composite experiences of the members of each board would determine how it operates. For example, if most of the members of a particular board are from the corporate world, they may choose to operate like a corporate board.

(continued)

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jk said

at 10:19 am on Jun 5, 2008

f. Section 3, Are you not increasing the bureaucracy by creating another state agency called the charter school agency with appointed members? How many appointed members would serve on this agency? Would this agency be a replacement of the existing Board of Education?

The authority of the charter school agency would be limited to issuing charters, monitoring charter schools, and retracting charters. The establishment of charter schools requires an agency to perform these functions. The charter school agency would not have any authority to formulate school policy. It would not replace the existing Board of Education. It would not increase the bureaucracy. The charter school agency could operate with a handful of staff.

The Constitution need not specify the number of members of the charter school agency, but I think 5 or 7 would be appropriate.

(continued)

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jk said

at 10:20 am on Jun 5, 2008

g. Section 4, We now establish the second bureaucracy by creating an education agency with appointed members? How many appointed members will serve on this education agency? Would this agency be the replacement of the existing Board of Education?

The responsibility of the education agency would be limited to distributing funds appropriated by the legislature. The idea is to take politics out of the funding of public education – as much as possible, anyway. Currently, the public is completely unaware of how public funds are distributed to schools. My proposal requires the education agency to develop a formula for distributing funds, making the process transparent.

The education agency would have no authority to develop education policy. It would not replace the existing Board of Education, whose purpose is to formulate education policy. That function would be placed with the boards of education of the various independent school districts. The education agency could operate with a handful of staff.

The Constitution need not specify the number of members of the education agency, but I think 5 or 7 would be appropriate.

Thank you for giving me an opportunity to explain my proposal, and I hope I have answered all of your questions satisfactorily.

(whew. Pau, finally.)

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Jimmy Kuroiwa said

at 7:59 pm on Jun 6, 2008

Hi Peter, Got it. I was playing with the history and forgot what it was and where, senior moments. Jimmy

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Jimmy Kuroiwa said

at 8:04 pm on Jun 6, 2008

To JK: Excellent. Now, give me a time to digest your responses. On the surface, I'm begining to understand and we are not that far apart.

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jk said

at 10:25 pm on Jun 6, 2008

Jimmy, Hopefully you won't get indigestion.

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Jimmy Kuroiwa said

at 7:24 pm on Jun 11, 2008

Hey JK, I like some of your suggestions. I not going get indigestion. If indigestion come, I get Maalox.

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Curtis Muraoka said

at 5:18 pm on Jun 24, 2008

Aloha Education Guys and Gals:
I have put some thought into Peter's revision initiative.

Since jk hinted that I might be a union sympathizer (grrr...!), it motivated me to shift away from what cannot be done, to how it might be done in another way.

Please have at it. I believe in democracy, and know I'm only one voice among many.

I humbly think I have put LOTS of autonomy on the table without cutting the legs out from, and thereby motivating to strong action, those who might send the torpedos.
Curtis

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jk said

at 5:56 pm on Jun 25, 2008

Hi Curtis,

It would be helpful if you summarized your revisions. Some people might misinterpret them because the Constitution has a style that is not commonly found.

I appreciate your adding more autonomy for the school districts. By the way, I wasn't aware that I implied that you might be a union sympathizer. But if that works, maybe I'll abandon my attempts at logic and common sense and instead just resort to name calling.

jk

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jk said

at 8:07 pm on Jun 25, 2008

Oops, sorry. I don't know how I missed the rationale. -- jk

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jk said

at 1:49 pm on Jun 26, 2008

Hi Curtis:

Yes, your last revision had lots of autonomy for districts in it. It must have been very painful for you to write. I hope you have managed to recover without any permanent injury. I've added just a couple more things. It was painful for me not to go further. But don't read it until you are certain that you have fully recovered.

jk

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Curtis Muraoka said

at 4:32 pm on Jun 26, 2008

I think this is progress because I'm about to quibble:

"The phrase "as provided by law" authorizes the Legislature to formulate education policy. The deletion of this phrase reduces the confusion over the responsibility for public education and is consistent with the "Role of the Legislature" (below). The second revision requires the state board of education to obtain the approval of all district boards of education in order to formulate statewide educational policy -- not just consult with them (and ignore what they say). This revision would ensure that statewide educational policy truly benefits all districts."

My quibbles: The Legislature is THE policy body under our current government set up. I do not think taking out "as provided by law" for the reason you give will fly.

Quibble #2: I used "consultation" because constitutional language must remain broad. Whether the consultation is formal, as in, everyone has to agree by vote, or less formal, should be up to the Legislature. The district boards have a conduit to lobby the level of formalilty, as they are elected officials representing a constituency shared by the House and Senate members.

Quibble 3#: I feel no pain. Ironically, it is you who have acquiesced to preservation of a statewide entity. Merci.

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Curtis Muraoka said

at 4:38 pm on Jun 26, 2008

ps
added equal opportunity and federal compliance to legislature powers.

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jk said

at 8:12 pm on Jun 26, 2008

Hi Curtis:

I quibble with your quibbles.

“My quibbles: The Legislature is THE policy body under our current government set up. I do not think taking out "as provided by law" for the reason you give will fly.”

The Legislature is the policy making body for most of the executive departments. However, an alternate system has been set up for public education. That’s why there’s an elected BOE. No other executive department has an elected board. The BOE is supposed to be responsible for formulating education policy. However, the phrase “as provided by law” also allows the Legislature to formulate education policy. One of the big problems with education governance in Hawaii is that two entities are formulating education policy. The field of organizational design says that’s a recipe for failure because there’s no clear line of authority. The Legislature can blame the BOE for poor student performance, and the BOE can blame the Legislature -- and the public doesn’t know who to blame. The Legislature has shown that it does not know much about education, so it should be banished from the education policy arena completely. This revision has a chance because the Legislature will not be voting on ConCon amendments.

(continued)

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jk said

at 8:14 pm on Jun 26, 2008

(continuation)

*** Quibble #2: I used "consultation" because constitutional language must remain broad. Whether the consultation is formal, as in, everyone has to agree by vote, or less formal, should be up to the Legislature. The district boards have a conduit to lobby the level of formalilty, as they are elected officials representing a constituency shared by the House and Senate members. ***

"Approval of all district boards of education” is key to independent school districts. “Consultation” just means discussing something with others or seeking their advice. Consultation is preliminary to decision making, but does not have anything to do with the decision making itself. I’m not an attorney, but if the Constitution says “consultation,” I don’t think the Legislature can override it and require the BOE to get the approval of the district boards. “Consultation” would enable the BOE to make statewide education policy that contradicts what the districts want to do. It would continue the same problem that exists today. “Approval of all district boards of education” would ensure that statewide policies benefit all districts.

I’m surprised that you did not quibble with the creation of 27 districts with “exclusive” jurisdiction over the management of the district. If this revision is allowed to continue, and if the rest of the amendment is consistent with it, I don’t think I’d have much to disagree about.

jk

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jk said

at 8:16 pm on Jun 26, 2008

Hi Curtis:

I quibble with your quibbles.

*** My quibbles: The Legislature is THE policy body under our current government set up. I do not think taking out "as provided by law" for the reason you give will fly. ***

The Legislature is the policy making body for most of the executive departments. However, an alternate system has been set up for public education. That’s why there’s an elected BOE. No other executive department has an elected board. The BOE is supposed to be responsible for formulating education policy. However, the phrase “as provided by law” also allows the Legislature to formulate education policy. One of the big problems with education governance in Hawaii is that two entities are formulating education policy. The field of organizational design says that’s a recipe for failure because there’s no clear line of authority. The Legislature can blame the BOE for poor student performance, and the BOE can blame the Legislature -- and the public doesn’t know who to blame. The Legislature has shown that it does not know much about education, so it should be banished from the education policy arena completely. This revision has a chance because the Legislature will not be voting on ConCon amendments.

(continued)

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jk said

at 8:17 pm on Jun 26, 2008

Hi Curtis:

I quibble with your quibbles.

*** My quibbles: The Legislature is THE policy body under our current government set up. I do not think taking out "as provided by law" for the reason you give will fly. ***

The Legislature is the policy making body for most of the executive departments. However, an alternate system has been set up for public education. That’s why there’s an elected BOE. No other executive department has an elected board. The BOE is supposed to be responsible for formulating education policy. However, the phrase “as provided by law” also allows the Legislature to formulate education policy. One of the big problems with education governance in Hawaii is that two entities are formulating education policy. The field of organizational design says that’s a recipe for failure because there’s no clear line of authority. The Legislature can blame the BOE for poor student performance, and the BOE can blame the Legislature -- and the public doesn’t know who to blame. The Legislature has shown that it does not know much about education, so it should be banished from the education policy arena completely. This revision has a chance because the Legislature will not be voting on ConCon amendments.

(continued)

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jk said

at 8:19 pm on Jun 26, 2008

.

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jk said

at 8:31 pm on Jun 26, 2008

Please, Administrator, delete my last 4 posts (including this one). I tried to revise the two before that and just made things worse. Now the world knows that I am a functional technological illiterate.

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Curtis Muraoka said

at 1:22 pm on Jun 27, 2008

Aloha jk

While it is true that the BOE is the only elected board, appointed boards do create policy (BWS, for example). There is no set process that takes policy totally out of the purview of the Leg. The Leg is the representation of the people (in theory anyway), and I don't believe language in the constitution can take them meaningfully out of the statewide policy picture. This is certainly an instance when I would be happy to be wrong.

Curtis

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jk said

at 2:50 pm on Jun 27, 2008

Hi Curtis:

I’m going to try my best to make this a happy day for you.

You’re correct that some State departments are headed by appointed boards (Board of Agriculture, Board of Health), but these boards are executive boards that implement policy set by the Legislature. All agencies that formulate policy are headed by an elected body (BOE, county councils), which is consistent with broad democratic principles. All of these elected bodies directly represent the people. Since the existing BOE is elected, and since the Constitution gives it the responsibility to set education policy, the Legislature need not have a presence in this arena.

I believe that the phrase “as provided by law” was originally intended to apply to matters that were not directly related to education, such as public safety and health, in order to clarify that schools are required to conform with public health laws, the fire code, etc. However, the Legislature has interpreted this phrase to mean that it also has the authority to formulate education policy. Legislators are continually bombarded by constituents and special interest groups to make a law for this or that. So if they can find a way to make a law about something or other, they will do it, or at least try. It’s not necessary for the Legislature to formulate education policy. In fact, it’s counterproductive and inconsistent with widely accepted management principles. So the phrase should be eliminated.

jk

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Curtis Muraoka said

at 9:16 pm on Jun 27, 2008

jk
I will reciprocate a happy day, as I do agree with your premise about conflicting and counter-productive policy.

As someone with relevant background, your assertion that eliminating "as provided by law" will keep the Leg's nose out of education is somewhat more comforting, but your assertion that it is inconsistent with widely accepted management principles just makes that warm fuzzy feeling go away.

Widely accepted management principles have no place in government, as you probably have witnessed.

I have to think about this some more.

I hope you agree that we are both sifting through a big steamy pile. If not, grab a shovel.

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jk said

at 7:12 am on Jun 28, 2008

The structure of government has to be made as perfect as possible due to the imperfection of government officials.

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Curtis Muraoka said

at 10:22 pm on Jun 29, 2008

jk
If not for the Hawaii Legislature, there would be no Hawaii charter schools today. Former legislator and current HSTA Executive Mike McCartney was instrumental in getting the New
Century Schools legislation passed back in 1999.

Of course, not all educational legislation is visionary like that, but my point is that as a representative body, it's tough to cut the Leg out of the picture. However, i agree that a few doors can stand to be shut. Politicians tend to love education to death.

I'm still thinking about the ramifications of 27 districts, but I don't really have druthers if it's seven or twenty-seven. The preservation of a statewide umbrella allows for transitions, consolidation, transfers and retooling within a more reasonable frame, and that is all I'm advocating for. You have to be fair to the rank and file. You just simply do.

Further, I don't believe there will be a rubber band effect as long as we just get rid of the elected BOE. I envision a full time appointed BOE that performs the State Educational Agency functions of the current BOE (including broad policy creation, but without micromanagement), plus the implementation functions of the Superintendent. The districts, however many, would become Local Educational Agencies responsible for the nuts and bolts pedagogical frameworks.

In your last comment you appear to be seeking perfection from the imperfect endeavors of Man. I remind you that Con Con delegates, policymakers and civil servants, for all their imperfections, are generally trying to accomplish exactly what you are advocating. I also point out that as public servants, the expectations of ALL stakeholders must be taken into account. That is what our style of democracy demands. Otherwise, you are advocating for benevolent dictatorship.

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jk said

at 12:21 pm on Jul 2, 2008

Aloha Curtis:

Let me address some of your concerns.

In theory, a Constitution is supposed to consist of broad language. However, a ConCon proposal to improve public education in Hawaii requires the consideration of a few practicalities. Hawaii does not have initiative at the State level, so there is no chance for the people to directly change statute. All the necessary language changes have to go into the Constitutional amendment.

If the Constitutional language is overly broad, the range of possible outcomes will be broad. For example, the Legislature will have a lot of discretion about how it fashions statutes that implement the Constitutional amendment. The drafters of a Constitutional amendment might have a specific intent, but if they use overly broad language, the Legislature will be able to interpret the amendment differently.

The use of overly broad language means that there will be a huge difference between the best case scenario and the worst case scenario. The drafters of a Constitutional amendment need to be specific enough to eliminate the lowest range of worst case scenarios so that the lowest one remaining is acceptable.

When it comes to how government operates, you seem to be an optimist, and I admit to being a pessimist. I have serious doubts when you say that the bureaucracy will change for the better if the BOE is elected. That’s the best case scenario, and I just don’t think there is enough reason to believe that it will happen. The worst case scenario is that the bureaucracy won’t change, and in my opinion that is much more probable.

(continued)

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jk said

at 12:22 pm on Jul 2, 2008

(continuation)

I agree with you that the Legislature was wise when it passed the charter school law. However, I think you will agree that it was an anomaly. It was an occurrence that happens once in 50 years – maybe 100. The Legislature’s modus operandi is a morass of bills that protect the status quo. Unfortunately, the considerable amount of bad has to be taken with the infrequent good that the Legislature is currently allowed to do. The chrter school enrollment is only 3% to 4% of the entire public school enrollment, and improvements have to be made for the 96% or 97%.

Regarding the number of school districts that should be created, I think of each school district like a charter school. Each charter school should be fully independent. It would be absurd to even consider combining several charter schools in a district with a board that formulates education policy for all the charter schools in the district. By the same reasoning, each high school complex should be its own district.

Regarding the DOE employees in the huge centralized bureaucracy (about 1000 employees), I don’t oppose taking care of them -- but not at the expense of the quality of education. As long as there is a big bureaucracy that can formulate education policy for all regular schools, the schools will be victimized. The bureaucracy has to be dissolved. I wouldn’t have any objection to the State continuing to pay the employees of the former bureaucracy. They can go to work for the schools or work for the districts. Or the State can offer them big retirement bonuses. But the big bureaucracy that is smothering the schools has to be eliminated.

Those are the thoughts of a confessed pessimist. I don’t know whether pessimism is contagious or whether optimism is. Maybe we’ll find out.

jk

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Curtis Muraoka said

at 9:41 pm on Jul 7, 2008

If initiative, referendum, and recall come out of this Con Con, and the statewide BOE is dissolved, I will be a happier Hobbit for those changes alone.

Pessimism makes for poor leadership. You should not confess to it.

Cautious optimism is perceived as more respectable and dynamic, but actually it's just pessimism with a paint job. The difference is that you say stuff like, "I was afraid of that" instead of "I told you so".

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