Ted’s letter to Governor Lingle regarding HB 2972
May 22, 2008
The Honorable Linda Lingle
Governor
State Capitol
Honolulu, Hawaii 96813
RE: VETO of HB 2972, HD1, SD2, CD1, Relating to Education.
Dear Governor Lingle:
As a resident of East Hawaii and parent of two children in the public school system in Hilo, I respectfully request that you veto HB 2972, HD1, SD2, CD1. This is a poorly written bill from a number of perspectives. But I would like to highlight three (3) important defects of this bill.
First, this bill promotes a lack of accountability in government. The bill creates another layer of bureaucracy and a process that circumvents current decision makers and an already existing process. The Board of Education is an elected board that is required by law to address budgeting, school population projections and school closure. The Department of Education has a number of highly paid administrators who perform the same budgeting and projection functions who provide the Board that kind of information and administrative support.
This bill allows the Board of Education and Department of Education to hide behind another commission to escape any responsibility or be held accountable for the decision to close a school. As our Governor, you know full well there are times when you have to make unpopular decisions and be held accountable to the voters for them. This bill for some unknown reason, shields the Board and the Department from their responsibility to the voters and affected communities.
Second, this bill is another example of the Legislature overstepping its constitutional limitations or “micro-managing” the Department of Education. In reviewing the history of this bill, the State Senate, in Senate Draft 1, identified certain schools by areas and types, that the commission was supposed to review for closure. In Draft 2 and the final bill, the Senate reduced the number of targeted schools for review. Targeting school communities for possible closure violates the boundaries of the Legislature’s authority.
The Legislature overstepped its constitutional authority by targeting school communities for closure. Article X, Section 3 of the Hawaii State Constitution gives the Board of Education the exclusive authority to “formulate statewide educational policy.” Section §26-12, Hawaii Revised Statutes (hereinafter referred to as “HRS”) mandates that the Department of Education be headed by an executive board to be known as the Board of Education with the power to hire a Superintendent who has the sole responsibility for administering “programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels. . .” Importantly, Section 302A-1129, HRS, specifically states: The board may open new schools or close existing schools.
There is no reason for Legislators to go beyond their constitutional authority and create a commission that interferes with and circumvents the Board of Education’s and the Department of Education’s already existing statutory responsibilities. Legislators are the least informed governmental officials to make a decision that targets specific school communities for review or closure. This bill is a classic example of the Legislature exceeding the scope of its authority and may be unconstitutional. I would certainly advise affected families and communities to consider filing a lawsuit against the State of Hawaii to challenge the constitutionality of this bill.
Third, this Bill lacked any community input or feedback. Something as sensitive as targeting a school community for possible closing is very important to that affected community. You will recall visiting Laupahoehoe School shortly after being elected Governor and walking through the newly completed Music Room. You recall commenting how unique the school was and how vital it is to the community. I was with you on that tour and the school made quite an impact on me. It is the center of the community.
For State Senators, like Education Committee Chairman, Senator Norman Sakamoto and other Legislators, to target school communities like Laupahoehoe, Waiakea and Honokaa, without bothering to visit the schools or the surrounding communities to try to understand their importance and role in the community, is a gross dereliction of their duties and responsibilities. The targeted communities should have had the opportunity to comment on this bill but the majority party in the Legislature did not think that our voices were important enough to be heard. More shameful is the fact that they set up this new closure board to shield the Board of Education, the Department of Education and themselves as lawmakers, from the understandably negative feedback of the affected communities.
This bill is a poor excuse for leadership, is an example of institutionalizing a lack of governmental accountability to the people that the Legislature is supposed to serve and it is yet another example of people not from our island, unfamiliar with our communities, making decisions with a potentially devastating impact to our local communities, without having the decency, the courtesy or the courage to hear our voices.
As a voter, as a father of two children in public schools in East Hawaii and as member of our community, I urge you to veto this poorly drafted and potentially devastating bill.
Thank you for this opportunity to comment on this bill. Please feel free to contact me if you have any questions or concerns.
Respectfully,
Ted H. S. Hong