HOUSE OF REPRESENTATIVES
H.B. NO.
921
THIRTIETH LEGISLATURE, 2019
H.D. 2
STATE OF HAWAII
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, except for special education and Title I-funded prekindergarten programs that the department currently administers.
Since Act 178, Session Laws of Hawaii 2012, the legislature has enacted a series of laws to clarify its intent that the responsibility for preschool and prekindergarten lies with the early learning board and the executive office on early learning, as the bodies charged with formulating statewide policy relating to early learning, and developing a cohesive, comprehensive, and sustainable system of early learning for Hawaii, respectively.
Therefore, the purpose of this Act is to:
(1) Clearly establish the executive office on early learning as the administrative authority for state-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs;
(2) Require the department of education in its implementation of Title-I funded prekindergarten classrooms to adhere to certain quality standards and work with the executive office on early learning; and
(3) Define the roles and responsibilities of the executive office on early learning and department of education as they relate to the executive office on early learning public prekindergarten program.
PART 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 for any purpose except for Title I-funded prekindergarten. Under policies established by the early learning board, the executive office on early learning shall have administrative authority over all state-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs. The state librarian, under policies established by the board of education, shall be responsible for the administration of programs relating to public library services and transcribing services for the blind.
The functions and authority exercised by the department relating to state-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs, shall be transferred to the executive office on early learning; provided that the department shall continue to be responsible for the provision of services generally provided to the schools excluding those services related to curriculum, instruction, assessment, and professional learning support, for any facility on a department school campus at which the executive office on early learning administers programs.
The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the public library system established by this chapter.
The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.
The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.
Upon the termination of the contracts, the State or the counties shall not enter into any library management contracts with any private association; provided that in providing library services, the board of education may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.
Notwithstanding any law to the contrary, the board of education may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the board of education on matters relating to public library services in their respective county."
SECTION 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, except for special education and Title I-funded prekindergarten programs, shall be under the administrative authorityof the executive office on early learning; provided further that the department shall continue to be responsible for the provision of services generally provided to the schools excluding those services related to curriculum, instruction, assessment, and professional learning support, for any facility on a department school campus at which the executive office on early learning administers programs.
(b) Except as otherwise provided, the superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department[.]; provided that the director of the executive office on early learning shall be the final authority on drafts for the payment of moneys, all commissions and appointments, and all deeds, official acts, or other documents related to the executive office on early learning. The superintendent and director of the executive office on early learning may use a printed facsimile signature in approving appointments, contracts, and other documents."
SECTION 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, except for special education and Title I-funded prekindergarten programs, shall be under the administrative authority of the executive office on early learning; provided further that the department shall continue to be responsible for the provision of services generally provided to the schools including operating and maintaining capital improvement and repair and maintenance programs for any facility at which the executive office on early learning administers programs. The department may establish and maintain schools for secular instruction at such places and for such terms as in its discretion it may deem advisable and the funds at its disposal may permit. The schools may include high schools, kindergarten schools, schools or classes for [early childhood education,] special education or Title I-funded prekindergarten, boarding schools, Hawaiian language medium education schools, and evening and day schools. The department may also maintain classes for technical and other instruction in any school where there may not be pupils sufficient in number to justify the establishment of separate schools for these purposes."
SECTION 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, except for special education and Title I-funded prekindergarten programs;
(2) [Overseeing, supervising,] Supervising and directing the performance of the director's subordinates in various activities, including planning, evaluation, and coordination of early learning programs;
(3) Administering funds allocated for the office and applying for, receiving, and disbursing grants and donations from all sources for early learning programs and services;
(4) Assessing the policies and practices of other agencies impacting early learning and conducting advocacy efforts for early learning;
(5) Advising agencies on new legislation, programs, and policy initiatives relating to early learning;
(6) Employing and retaining staff as may be necessary for the purposes of this section; and
(7) Contracting for services that may be necessary for the purposes of this section, including through master contracts, memoranda of understanding, and memoranda of agreement with other state agencies receiving federal and state funds for programs and services for early learning, and purchase of service agreements with appropriate agencies."
SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for early childhood education programs administered by the executive office on early learning.
The sumsappropriated shall be expended by the executive office on early learning for the purposes of this Act.
PART III
TITLE I-FUNDED PREKINDERGARTEN
SECTION 9. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§302A- Title I-funded prekindergarten. (a) The department in its implementation of Title I-funded prekindergarten classrooms shall adhere to the quality standards incorporated by the executive office on early learning in the executive office on early learning public prekindergarten program pursuant to section 302L-7.
(b) The department shall work with the executive office on early learning regarding curriculum, instruction, assessment, family engagement, and transition of children in and out of the prekindergarten classroom.
(c) The department and executive office on early learning shall enter into a memorandum of agreement or memorandum of understanding for the executive office on early learning to provide ongoing professional learning support for teachers and principals of Title I-funded prekindergarten classrooms.
(d) The department shall submit an annual report to the executive office on early learning on its implementation of Title I-funded prekindergarten classrooms, regarding curriculum, instruction, assessment, family engagement, and transition in and out of the classroom."
SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the executive office on early learning to provide professional learning support for teachers and principals of Title I-funded prekindergarten classrooms in the department of education.
The sumsappropriated shall be expended by the executive office on early learning for the purposes of this Act.
PART IV
EXECUTIVE OFFICE ON EARLY LEARNING PUBLIC PREKINDERGARTEN PROGRAM
SECTION 11. Section 302L-1, Hawaii Revised Statutes, is amended by amending the definition of "at-risk children" to read as follows:
""At-risk children" means children who, because of their home and community environment, are subject to language, cultural, economic, and other disadvantages that cause them to be at risk for school failure, including children:
(1) Who are [eligible for special education services;] placed through their individualized education plan in a general education setting;
(2) Who are English as a second language learners;
[(3)Who reside within a public school district, established under chapter 302A, that is in need of improvement based on the criteria of the federal No Child Left Behind Act of 2001 (Public Law 107-110), as amended; or]
(3) Who are in foster care;
(4) Who are homeless; or
[(4)] (5) Whose family income is no more than three hundred per cent of the federal poverty level."
SECTION 12. Section 302L-7, Hawaii Revised Statutes, is amended to read as follows:
"§302L-7 Executive office on early learning public prekindergarten program; public preschools. (a) There is established within the early learning system an early childhood education program to be known as the executive office on early learning public prekindergarten program and to be administered by the office pursuant to rules adopted by the office. The program shall:
(1) Be provided through the executive office on early learning, which [may] shall partner with the department of education[;] through either a memorandum of agreement or memorandum of understanding pursuant to the requirements of this section;
(2) Prepare children for school and active participation in society through the use of either of the States two official languages; and
(3) Provide access to high-quality early learning that addresses children's physical, cognitive, linguistic, social, and emotional development.
(b) The office shall implement an application process for schools that are interested in participating in the program. The criteria to prioritize applications shall include:
(1) Community need, including:
(A) The percentage of the population in the school or community that meets the definitions of at-risk and underserved children pursuant to section 302L-1; and
(B) The availability and capacity of existing early learning programs or services for four-year-old children on the school campus and in the surrounding area;
(2) The availability of a classroom and outdoor play area that meet department of human services requirements for health and safety for four-year-old children; and
(3) The commitment of the principal to implementing a high-quality prekindergarten program including through active participation in professional learning sessions offered through the office, and to promoting continuity and alignment between and across other early learning programs in the community and other grade levels in the school to ensure the positive outcomes of children are sustained.
[(b)] (c) The program shall serve children in the year prior to the year of kindergarten eligibility, with priority extended to underserved or at-risk children, as defined in section 302L-1[.], and follow the academic year schedule of the department of education and be aligned with the full-day kindergarten classroom schedule of each school. Enrollment priority shall be given but is not limited to children who attend prekindergarten at schools to which the children will be assigned upon entering kindergarten under section 302A-1143.
(d) The program shall include students with disabilities based on individualized education plan placement, recognizing that the in-classroom ratio of students with disabilities to the general population shall be based on the inclusion of children with disabilities in proportion to their presence in the general population. The office and the department of education shall collaborate to coordinate services for students with disabilities who are placed in the classroom offered through the program. Funding for all costs associated with implementation of the individualized education plans of students shall be provided through the department of education.
[(c)] (e) Enrollment in the program shall be voluntary. A child who is [enrolled in, or is eligible to attend, a public elementary school, or who is] required to attend school pursuant to section 302A-1132, shall not be eligible for enrollment in the program.
(f) The program shall enroll a maximum of twenty children per classroom.
[(d)] (g) The program shall incorporate high-quality standards pursuant to rules adopted by the office. High-quality standards shall be research-based, developmentally-appropriate practices associated with better educational outcomes for children, such as:
(1) Positive teacher-child interactions[;] that shall be evaluated through observations conducted by the office using a tool several times a year; provided that the observations shall not be used for the purposes of teacher evaluation;
(2) Use of individual child assessments that are used for ongoing instructional planning, [based upon] relating to all areas of childhood development and learning, including cognitive, linguistic, social, and emotional approaches to learning and health and physical development[;], based on a schedule determined between the office and the principals of the schools participating in the program;
(3) Family engagement[; and], including partnering with the schools participating in the program to implement outreach and communication efforts to enroll hard-to-reach families and engage families in their childrens education;
(4) Alignment with the Hawaii early learning and development standards, which align with department of education standards, state content and performance standards, and general learner outcomes for grades kindergarten to twelve, to facilitate a seamless and high-quality educational experience for children[.]; and
(5) A teacher who has coursework in early childhood education. For program purposes, a teacher shall have a minimum number of hours of coursework, as determined by the memorandum of agreement or memorandum of understanding established pursuant to subsection (a), from a state-approved teacher education program, or be enrolled in a state-approved teacher education program and working toward completing the coursework, to obtain teacher licensure with specialization in early childhood; and
(6) An educational assistant who has a child development associate credential or the associated coursework. For program purposes, an educational assistant shall have a current child development associate credential, coursework for a certificate that meets the requirements for child development associate credential preparation, or is enrolled in and working toward completing a program that prepares the individual to obtain the credential.
[(e)] (h) Prior to opening a public prekindergarten class in a school, the principal, and other school personnel as required by the office, shall participate in an early learning induction program.
[(f)] (i) The office shall provide support to incorporate the high-quality standards developed pursuant to subsection [(d),] (g), including support related to teacher-child interactions, individual child assessments, and family engagement. Teaching staff and principals participating in the program shall participate in all relevant professional learning sessions, coaching and mentoring, and meetings offered through the office; provided that the office shall cover the associated travel and substitute teacher costs.
(j) The teacher and educational assistant teaching in the classroom through the program shall provide direct services solely to students enrolled in the program and shall be provided time for meetings regarding program implementation in the program.
(k) The teacher and educational assistant teaching in the classroom through the program shall be included in school meetings and activities to promote alignment between all grade levels and settings.
(l) Each school participating in the program shall work with the office to develop and annually update a written two- to three-year plan to promote, within the school and community, alignment of and transitions between high-quality learning experiences, and submit to the office and the appropriate complex area superintendent a report on progress made toward the plan by the end of each school year.
[(g)] (m) The office shall coordinate with other agencies and programs to facilitate comprehensive services for early learning.
(n) To promote the development of a cohesive, comprehensive, and sustainable early learning system, the office shall partner with the schools participating in the program to collaborate with:
(1) Other early learning providers, including those providing the programs and services specified in section 302L-2(2)(A), to promote alignment between prekindergarten and elementary school programs and to support children and their families in making successful transitions from prekindergarten into kindergarten; and
(2) Early intervention programs.
[(h)] (o) The office shall collect data, with assistance from the department of education based on a schedule to be determined by the office, to:
(1) Evaluate the services provided;
(2) Inform policy; and
(3) Make any improvements to the program.
[(i)] (p) The department of education and any public charter school existing pursuant to chapter 302D, may use available classrooms for public preschool programs statewide. The office shall give priority to public charter schools that serve high populations of underserved or at-risk children. Preschool classrooms established pursuant to this section shall be in addition to any classrooms used for the pre-plus program established pursuant to [rules adopted by the department pursuant to chapter 91.] section 302L-1.7.
[(j)] (q) The office shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section, including compliance with all applicable state and federal laws."
PART V
REPORTS TO THE LEGISLATURE
SECTION 13. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Public prekindergarten classes; annual report to the legislature. The department shall submit to the legislature an annual report regarding the number and location of public prekindergarten classes that it operates, numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken, and the sources of funding for each class."
SECTION 14. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Public prekindergarten classes; annual report to the legislature. Every authorizer shall submit to the legislature an annual report regarding the number and location of public prekindergarten classes under its chartering authority, numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken, and the sources of funding for each class."
SECTION 15. Chapter 302L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302L- Public prekindergarten classes; annual report to the legislature. The office shall submit to the legislature an annual report regarding the number and location of public prekindergarten classes that it administers, numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken, and the sources of funding for each class."
PART VI
MISCELLANEOUS
SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 17. This Act shall take effect on July 1, 2050.
Report Title:
DOE; Executive Office on Early Learning; Appropriation
Description:
Clearly establishes the Executive Office on Early Learning as the administrative authority for State-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs. Requires the Department of Education in its implementation of Title I-funded prekindergarten classrooms to adhere to certain quality standards and work with the Executive Office on Early Learning. Defines the roles and responsibilities of the Executive Office on Early Learning and Department of Education as they relate to the Executive Office on Early Learning Public Prekindergarten Program. (HB921 HD2)
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