Laura Brown

The writing was on the wall Thursday afternoon, Feb. 19, at a Joint House Education, Labor and Judiciary hearing for the governor's public education system reform plans.

House Education Chair Roy Takumi, D-Pearl City, deferred Gov. Linda Lingle’s HB 2331 calling for a ballot question to amend the Hawaii Constitution for local school boards.

(See "Now is the Time for True Education Reform" for more information on the governor's bill)

He then inserted the contents of the bill into HB 2332 -- the bill that spelled out implementation of local school boards. In doing so, he effectively killed the initiative, because constitutional amendment legislation must pass by a two-thirds vote in both the House and Senate and Republicans were outnumbered in this first round by 36 to 15.

Predictably, just before midnight on Friday, when House members were in session passing more than 100 bills in time for an internal House deadline, the majority of House Democrats killed HB 2332 by a vote of 30 to 20 (see votes below).

The majority party then advanced its deformed bill for education reform: HB 2002 HD1. Some portions of the bill set up advisory groups, commissions and boards, but critics say other parts of the bill are dangerous, because they eliminate all oversight and accountability over the Department of Education and Board of Education.

Here is how this law would affect stakeholders:

• Diminishes Governor’s Executive Function: Deletes oversight of the BOE and DOE by the Director of Finance who is responsible for financial plans of all state agencies.

• Leaves Legislature in the Dark: Superintendent no longer would be required to submit annual report on how money was spent by DOE.

• Denies Funding to Charter Schools: Will not receive equal funding under a student-weighted formula until 2006-2007.

• Eliminates School/Community Based Management Groups (SCBM): Definition of SCBM removed from the law. Removes SCBM, replaces with school community council or learning support centers, which will be able to waive collective bargaining requirements. Does not define learning support center. Must train the new school community council for one year so they can take over.

• Alllows Superintendent to Stack the Deck: Authorized to appoint a weighted student formula advisory group of 11 members from a list submitted by the president of the senate, speaker of the house and the governor.

• Increases Principals’ Workload: Expected to attend Principal Training Academy and then train school-based councils. Requires principals to 1) collaborate with complex and complex-area personnel 2) collaborate with the school-based board in operating and managing the school 3) makes principal responsible for expenditures

• Makes Complex-level Principal Group Take on More Administrative Tasks: All principals must collaborate in a complex-level group. This group is responsible for all implementing all contracts.

• Over Tasks Teachers: Provides financial incentive to teachers who achieve national board certification, but requires those teachers to then mentor other teachers. May vote on teacher representative to school community council.

• No Accountability for Department of Education: "Get out of jail free and pass Go" provision exempts the Department of Education from all procurement laws and makes them subject only to internal DOE policies and procedures; allows the DOE to keep 10 percent of all -- not just 5 percent of EDN100 and EDN150 appropriations, and funds will not lapse. Allows expenditures of instructional (EDN100) money for other purposes. Department is in charge of developing school board system and creates School Community Councils.

• Eliminates Board of Education Involvement: Will not have a say in the composition, election or operation of school boards.

• Protects United Public Workers Union: The school community council may decide on who cleans the classrooms, but even if students, teachers or aides do the work, all current custodial staff positions are protected.

• Allows School Community Councils to Operate in the Dark: Exempts councils from sunshine laws. Councils are designed to 1) diffuse educational decision-making 2) have responsibility over student weighted funding budget to ensure student achievement and; 3) encourage school-initiated plans for student achievement.

• Leaves the Department of Accounting and General Services (DAGS) in Control: School Community Council makes recommendations for repair and maintenance; school principal and fiscal and business officer to take to DAGS for consideration.

• Makes Schools to Go It On Their Own: May develop any kind of student assessment they choose.

• Creates Jobs for Mediators: Bizarre provision that if school community councils don’t agree, they must hire a mediator. If mediation is unsuccessful, the council may file an appeal to the board.

• Limits Parent Involvement to Vote for One Representative Per School: May vote on parent representative to school community council. Get to elect community representative too.

• Eliminates Position on School Council for Other School Personnel: They only get to vote for teacher representative.

• Control of Which Students May Serve: Elect student council representatives; no more than two may sit on council. At secondary level, all students elect student representative.

• Maintains District Personnel: No change.

• Maintains State Personnel: No change.

• Continues to Leave Out Community: No role.

• Ignores Taxpayers: They continue to foot the bill and have no say in public education.

Although the bills states that "Ideally, a far greater number of decisions, and a much higher percentage of moneys, will be placed directly in the hands of individual schools and their leaders," the bill provides no guarantees.

Critics say that, combined with provisions that circumvent state procurement, sunshine and reporting laws, can only result in a department of education further run amok with no way for the legitimate government of Hawaii to rein the renegade in.

Voted "NO" on Govenor's Reform Bill

Representatives who voted "no" on Lingle’s "Local Voice, Local Control Act of 2004" are Democrat Reps. Dennis Arakaki, Kirk Caldwell, Jerry Chang, Eric Hamakawa, Robert Herkes, Kenneth Hiraki, Ken Ito, Michael Kahikina, Sol Kaho`ohalahala, Ezra Kanoho, Jon Riki Karamatsu, Bertha Kawakami, Marliyn Lee, Sylvia Luke, Romy Mindo, Hermita Morita, Bob Nakasone, Scott Nishimoto, Marcus Oshiro, Blake Oshiro, Scott Saiki, Calvin Say, Brian Schatz, Maile Shimabukuro, Alex Sonson, Joe Souki, K. Mark Takai, Dwight Takamine, Roy Takumi and Glen Wakai.

Voted "Yes" on Governor's Reform Bill

Those who supported the governor’s reform plans include Democrat Reps. Felipe Abinsay, Cindy Evans (education committee co-chair), Helene Hale, Michael Magaoay, Tulsi Gabbard Tamayo and Tommy Waters. Republican Representatives supported the governor’s reform plans including Reps. Brian Blundell, Kika Bukoski, Corrine Ching, Lynn Finnegan, Galen Fox, Chris Halford, Mark Jernigan, Bertha Leong, Barbara Marumoto, Colleen Meyer, Mark Moses, Guy Ontai, William Stonebraker and Cynthia Thielen. Rep. David Pendleton, R-Kailua, was the only representative absent for the vote.

Laura Brown is an education researcher and writer for HawaiiReporter.com and the education policy analyst for the Grassroot Institute of Hawaii. She can be reached via email at: mailto:Laurabrown@hawaii.rr.com

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