§302A-1004  Educational accountabilitysystem; annual reports.  (a)  The department shall implement acomprehensive system of educational accountability to motivate and support theimproved performance of students and the education system.  This accountabilitysystem shall:

(1)  Include student accountability; school orcollective accountability; individual professional accountability for teachers,principals, and other employees; and public accounting to parents, communitymembers, businesses, higher education, media, and political leadership;

(2)  Link authority and resources to responsibility;

(3)  Define clear roles for all parties and lines ofresponsibility and mutual obligation and develop a collaborative process withstakeholders, including representatives of appropriate bargaining units,parents, administration, and students;

(4)  Assess and track measures of academicachievement, safety and well-being, and civic responsibility of individualstudents at selected grade levels and report trend data on these measures overtime annually;

(5)  Invoke a full and balanced set of appropriateconsequences for observed performance, including rewards and recognition forthose schools that meet or exceed their goals, assistance to those that fallshort, and sanctions for those that, given adequate assistance and ample time,continue to fail to meet goals;

(6)  Involve an annual statewide assessment programthat provides a report card containing trend data on school, school complex,and system performance at selected benchmark grade levels with performanceindicators in areas relating to student achievement, safety and well-being, andcivic responsibility.  These performance indicators shall include but not belimited to:

(A)  Student performance relative to statewidecontent and performance standards; and

(B)  School attendance and dropout rates;

(7)  Require that teachers and administrators engagein the continuous professional growth and development that ensure theircurrency with respect to disciplinary content, leadership skill, knowledge, orpedagogical skill, as appropriate to their position.  This requirement may beestablished by the department in terms of credit hours earned or theirequivalent in professional development activity certified by the department asappropriate in focus and rigor;

(8)  Establish an explicit link between professionalevaluation results and individual accountability through professionaldevelopment of the knowledge, skill, and professional behavior necessary to theposition, by requiring that results of the professional evaluation be used bythe department to prescribe professional development focus and content, asappropriate;

(9)  Include an annual statewide fiscal accountabilityprogram, which includes a published report card that contains trend data onschool, school complex, and systemwide plans and results, including:

(A)  Amounts allocated;

(B)  Amounts expended;

(C)  Amounts carried over; and

(D)  Any significant changes to the budget,with an explanation for the change;

(10)  Include an evaluation of the effectiveness ofcomplex area superintendents and principals in supporting:

(A)  Students' academic achievement, safety andwell-being, and civic responsibility; and

(B)  The satisfaction of stakeholders affectedby the work of the complex area superintendents and principals, which may bemeasured by broadbased surveys; and

(C)  Fiscal accountability.

(b)  The department shall submit to thelegislature, the governor, and the board of education at least twenty days priorto the convening of each regular legislative session a report of the specificsof the implementation of the comprehensive accountability system, as well asthe fiscal requirements and legislative actions necessary to maintain andimprove the accountability system.

(c)  The department shall submit to thelegislature and to the governor, at least twenty days prior to the convening ofeach regular session, an educational status report that includes but is notlimited to the following:

(1)  Results of school-by-school assessments ofeducational outcomes;

(2)  Summaries of each school's standardsimplementation design;

(3)  Summary descriptions of the demographic makeup ofthe schools, with indications of the range of these conditions among schoolswithin Hawaii;

(4)  Comparisons of conditions affecting Hawaii's schools with the conditions of schools in other states;

(5)  Other such assessments as may be deemedappropriate by the board; and

(6)  Any other reports required by this section.

(d)  The department shall provide electronicaccess to computer-based financial management, student information, and otherinformation systems to the legislature and the auditor.  The department shallsubmit to the legislature and to the governor, at least twenty days prior tothe convening of each regular session, a school-by-school expenditure reportthat includes but is not limited to the following:

(1)  The financial analysis of expenditures by thedepartment with respect to the following areas:

(A)  Instruction, including face-to-faceteaching, and classroom materials;

(B)  Instructional support, including pupil,teacher, and program support;

(C)  Operations, including non-instructionalpupil services, facilities, and business services;

(D)  Other commitments, includingcontingencies, capital improvement projects, out-of-district obligations, andlegal obligations; and

(E)  Leadership, including school management,program and operations management, and district management; and

(2)  The measures of accuracy, efficiency, andproductivity of the department, districts, and schools in delivering resourcesto the classroom and the student.

(e)  The superintendent of education isresponsible for the development and implementation of an educationalaccountability system.  The system shall include consequences and shall bedesigned through a collaborative process involving stakeholders that shallinclude parents, community members, the respective exclusive representatives,as well as others deemed appropriate by the superintendent.

For the purposes of this section, negotiationsunder chapter 89 shall be between the superintendent or the superintendent'sdesignee and the respective exclusive representative, and shall be limited tothe impact on personnel arising from the superintendent's decision inimplementing the educational accountability system.  After the initialagreement is negotiated, provisions on the impact of the accountability onpersonnel may be reopened only upon mutual agreement of the parties. [L 1996, c89, pt of §2; am L 1999, c 74, §2 and c 199, §2; am L 2000, c 238, §1; am L2004, c 51, §56]