HCR 181: AFFIRMING THAT THE LEGISLATIVE INTENT OF SECTION 302A-1116, HAWAII REVISED STATUTES, IS TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO CREATE SUBSTANTIVELY TEMPORARY POSITIONS ONLY.

HOUSE OF REPRESENTATIVES	H.C.R. NO.	181
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII		S.D. 1

HOUSE CONCURRENT

RESOLUTION

 

 

AFFIRMING THAT THE LEGISLATIVE INTENT OF SECTION 302A-1116, HAWAII REVISED STATUTES, IS TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO CREATE SUBSTANTIVELY TEMPORARY POSITIONS ONLY.

 

 

     WHEREAS, to ensure oversight, fiscal accountability, and transparency in the establishment and continuation of government employment, the Legislature has established robust processes requiring the review and approval of state positions; and

 

     WHEREAS, recognizing, however, that unforeseen circumstances, such as natural disasters or global pandemics, may necessitate the expedient establishment of short-term positions to address critical issues, the Legislature also established simplified pathways for certain state departments to create temporary positions; and

 

     WHEREAS, these pathways afford state departments the flexibility to act in the public interest and achieve their mandates while maintaining legislative oversight of permanent employment; and

 

     WHEREAS, this was the legislative intent for enacting section 302A-1116, Hawaii Revised Statutes, which provides that the Department of Education may only establish necessary temporary positions if its expenditures do not exceed its allocated budget, the term of each position does not exceed one year, and the Department reports the positions to the Department of Budget and Finance; and

 

     WHEREAS, despite the legislative intent and embedded stipulations, the Department of Education in 2026 renewed multiple Superintendent-level positions established pursuant to section 302A-1116, Hawaii Revised Statutes, for a second consecutive one-year term, due to the lack of an explicit statutory prohibition against renewal; and

 

     WHEREAS, this interpretation of the statute is harmful, as the Department of Education could perpetually renew positions in one-year increments, effectively nullifying existing statutory safeguards for legislative scrutiny, and is inconsistent with the purpose of the statute and the overall statutory scheme of laws pertaining to the Department of Education that ensure legislative oversight, fiscal accountability, and transparency; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that this body affirms that the legislative intent of section 302A-1116, Hawaii Revised Statutes, is to authorize the Department of Education to create substantively temporary positions only; and

 

     BE IT FURTHER RESOLVED that the Department of Education is urged to act in accordance with the law and legislative intent by not renewing one-year appointments authorized pursuant to section 302A-1116, Hawaii Revised Statutes, for additional terms; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Education, Superintendent of Education, and Attorney General.

Report Title: 

DOE; Temporary Positions; Renewals; Legislative Intent

HOUSE OF REPRESENTATIVES	H.C.R. NO.	181
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII		S.D. 1
		PROPOSED

HOUSE CONCURRENT

RESOLUTION

 

 

AFFIRMING THAT THE LEGISLATIVE INTENT OF SECTION 302A-1116, HAWAII REVISED STATUTES, IS TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO CREATE SUBSTANTIVELY TEMPORARY POSITIONS ONLY.

 

 

     WHEREAS, to ensure oversight, fiscal accountability, and transparency in the establishment and continuation of government employment, the Legislature has established robust processes requiring the review and approval of state positions; and

 

     WHEREAS, recognizing, however, that unforeseen circumstances, such as natural disasters or global pandemics, may necessitate the expedient establishment of short-term positions to address critical issues, the Legislature also established simplified pathways for certain state departments to create temporary positions; and

 

     WHEREAS, these pathways afford state departments the flexibility to act in the public interest and achieve their mandates while maintaining legislative oversight of permanent employment; and

 

     WHEREAS, this was the legislative intent for enacting section 302A-1116, Hawaii Revised Statutes, which provides that the Department of Education may only establish necessary temporary positions if its expenditures do not exceed its allocated budget, the term of each position does not exceed one year, and the Department reports the positions to the Department of Budget and Finance; and

 

     WHEREAS, despite the legislative intent and embedded stipulations, the Department of Education in 2026 renewed multiple Superintendent-level positions established pursuant to section 302A-1116, Hawaii Revised Statutes, for a second consecutive one-year term, due to the lack of an explicit statutory prohibition against renewal; and

 

     WHEREAS, this interpretation of the statute is harmful, as the Department of Education could perpetually renew positions in one-year increments, effectively nullifying existing statutory safeguards for legislative scrutiny, and is inconsistent with the purpose of the statute and the overall statutory scheme of laws pertaining to the Department of Education that ensure legislative oversight, fiscal accountability, and transparency; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that this body affirms that the legislative intent of section 302A-1116, Hawaii Revised Statutes, is to authorize the Department of Education to create substantively temporary positions only; and

 

     BE IT FURTHER RESOLVED that the Department of Education is urged to act in accordance with the law and legislative intent by not renewing one-year appointments authorized pursuant to section 302A-1116, Hawaii Revised Statutes, for additional terms; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Education, Superintendent of Education, and Attorney General.

Report Title: 

DOE; Temporary Positions; Renewals; Legislative Intent

HOUSE OF REPRESENTATIVES	H.C.R. NO.	181
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE DEPARTMENT OF EDUCATION TO CONVENE A SHARED-DECISION MAKING COMMITTEE TO DEVELOP AN ACTION PLAN TO ESTABLISH A K-12 KAIAPUNI SCHOOL IN KAPOLEI.

 

 

 

     WHEREAS, the State has a duty to ensure access to ʻŌlelo Hawaiʻi education pursuant to article X, section 4, of the Constitution of the State of Hawaiʻi, which requires the State to "promote the study of Hawaiian culture, history, and language"; and

 

     WHEREAS, the establishment of Kaiapuni schools, or Hawaiian language immersion schools, which educate in ʻŌlelo Hawaiʻi, is one way the State is intentionally adhering to its constitutional obligations and fulfilling its commitment to preserving Hawaiian language for future generations; and

 

     WHEREAS, accordingly, the Board of Education is implementing a Kaiapuni Strategic Plan to grow Kaiapuni programs to meet demand and expand access across the State; and

 

     WHEREAS, there are only three Kaiapuni schools on Oʻahu that serve students in grades kindergarten through twelve, Ke Kula Kaiapuni ʻO Pūʻōhala and Ke Kula ʻO Samuel M. Kamakau in Kāneʻohe and Ke Kula Kaiapuni ʻO Ānuenue in Honolulu; and

 

     WHEREAS, Kapolei High School currently only offers Kaiapuni education for grade nine, and Kapolei Middle School only offers Kaiapuni education for grades seven and eight; and

 

     WHEREAS, many students in the ʻEwa land district and the surrounding land districts of Waiʻanae and Waialua are forced to commute to Honolulu to pursue Kaiapuni education; and

 

     WHEREAS, forty-two percent of Ke Kula Kaiapuni ʻO Ānuenue students who travel to school come from the ʻEwa and Waiʻanae areas; and

 

     WHEREAS, this creates significant barriers for students in continuing Hawaiian language education and leaves many students who reside outside of Honolulu without a clear pathway to continue their Kaiapuni education cohesively and throughout high school; and

 

     WHEREAS, the neighborhood boards of Pearl City, Makakilo/Kapolei/Honokai Hale, and ʻEwa have all adopted resolutions in support of establishing a K-12 self-contained Hawaiian immersion school in Kapolei; and

 

     WHEREAS, a shared decision-making committee is a collaborative process where stakeholders collectively make decisions and facilitate planning; and

 

     WHEREAS, establishing a shared decision-making committee comprised of Hawaiian immersion educators, community members, parents, and administrators will facilitate effective action planning and resource allocation as well as ensure the K-12 Kaiapuni in Kapolei meets the unique needs of current and future students; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that the Department of Education is requested to convene a shared decision-making committee to develop an action plan to establish a K-12 Kaiapuni school in Kapolei; and

 

     BE IT FURTHER RESOLVED that the shared decision-making committee is requested to consist of eleven members, serving for two-year terms, as follows:

 

     (1)  The Superintendent of Education, or the Superintendent's designee;

 

     (2)  Principals from relevant middle schools and high schools, such as Kapolei Middle School and Kapolei High School, or their designees;

 

     (3)  Three current Kaiapuni teachers from schools such as:

 

          (A)  Kapolei Middle School;

 

          (B)  Kapolei High School; and

 

          (C)  A feeder elementary immersion school such as Waiau Elementary School or Nānākuli Elementary School;

 

     (4)  The Dual Chancellor for Leeward Community College and the University of Hawaiʻi-West Oʻahu, or the Chancellor's designee;

 

     (5)  A professor or administrator from either Leedward Community College or the University of Hawaiʻi-West Oʻahu with experience in education and teacher training; and

 

     (6)  Three community members as follows:

 

          (A)  Two members of relevant community-based, school-based, or cultural nonprofit organizations; and

 

          (B)  One parent of a current student of Ke Kula Kaiapuni ʻO Kapolei; and

 

     BE IT FURTHER RESOLVED that the action plan is requested to outline goals, objectives, and strategies necessary to achieve a new Kaiapuni K-12 school in Kapolei, including, but not limited to, the following:

 

     (1)  Facility planning and site selection;

 

     (2)  Kumu Kaiapuni recruitment and retention;

 

     (3)  Curriculum and instruction planning;

 

     (4)  Resource allocation policies;

 

     (5)  Recommendations to the Department of Education to standardize, streamline, and facilitate the establishment or expansion of new or existing Kaiapuni schools statewide; and

 

     (6)  Any additional policies as determined by the shared decision-making committee; and

 

     BE IT FURTHER RESOLVED that the action plan is requested to include a process for phasing in Kaiapuni education by:

 

     (1)  Addressing the hiring and recruitment of qualified teachers proficient in olelo Hawaii;

 

     (2)  Securing a permanent site for a K-12 Kaiapuni school in Kapolei to be used by kindergarten, first, and second grades by the 2027-2028 school year;

 

     (3)  Integrating grades three, four, five, and six by the 2028-2029 school year; and

 

     (4)  Integrating middle school and high school students once all other grades are phased in; and

 

     BE IT FURTHER RESOLVED that the Department of Education is requested to allocate four faculty positions and one administrative position to support Kaiapuni education in the 2027-2028 school year and additional faculty and administrative positions in the following school years based on enrollment numbers of current and potential Kaiapuni students that live in the ʻEwa, Waialua, and Waiʻanae land districts; and

 

     BE IT FURTHER RESOLVED that the decision-making committee is requested to submit a progress report on the status of the action plan to the Legislature no later than twenty days prior to the convening of the Regular Sessions of 2027 and 2028; and

 

     BE IT FURTHER RESOLVED that the decision-making committee is requested to submit a final report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2029; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Education; Superintendent of Education; Dual Chancellor for Leeward Community College and the University of Hawaiʻi-West Oʻahu; and Campbell-Kapolei Complex Area Superintendent.

Report Title: 

Kaiapuni Education; Shared Decision-making Committee; Department of Education; Kapolei

HOUSE OF REPRESENTATIVES	H.C.R. NO.	181
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING the department of education to convene a shared-decision making committee to develop an action plan to establish a k-12 kaiapuni school in Kapolei.

 

 

 

     WHEREAS, the State has a duty to ensure access to ʻŌlelo Hawaiʻi education pursuant to article X, section 4, of the Constitution of the State of Hawaiʻi, which requires the State to "promote the study of Hawaiian culture, history, and language"; and

 

     WHEREAS, the establishment of Kaiapuni schools, or Hawaiian language immersion schools, which educate in ʻŌlelo Hawaiʻi, is one way the State is intentionally adhering to its constitutional obligations and fulfilling its commitment to preserving Hawaiian language for future generations; and

 

     WHEREAS, accordingly, the Board of Education is implementing a Kaiapuni Strategic Plan to grow Kaiapuni programs to meet demand and expand access across the State; and

 

     WHEREAS, there are only three Kaiapuni schools on Oʻahu that serve students in grades kindergarten through twelve, Ke Kula Kaiapuni ʻO Pūʻōhala and Ke Kula ʻO Samuel M. Kamakau in Kāneʻohe and Ke Kula Kaiapuni ʻO Ānuenue in Honolulu; and

 

     WHEREAS, Kapolei High School currently only offers Kaiapuni education for grade nine, and Kapolei Middle School only offers Kaiapuni education for grades seven and eight; and

 

     WHEREAS, many students in the ʻEwa land district and the surrounding land districts of Waiʻanae and Waialua are forced to commute to Honolulu to pursue Kaiapuni education; and

 

     WHEREAS, forty-two percent of Ke Kula Kaiapuni ʻO Ānuenue students who travel to school come from the ʻEwa and Waiʻanae areas; and

 

     WHEREAS, this creates significant barriers for students in continuing Hawaiian language education and leaves many students who reside outside of Honolulu without a clear pathway to continue their Kaiapuni education cohesively and throughout high school; and

 

     WHEREAS, the neighborhood boards of Pearl City, Makakilo/Kapolei/Honokai Hale, and ʻEwa have all adopted resolutions in support of establishing a K-12 self-contained Hawaiian immersion school in Kapolei; and

 

     WHEREAS, a shared decision-making committee is a collaborative process where stakeholders collectively make decisions and facilitate planning; and

 

     WHEREAS, establishing a shared decision-making committee comprised of Hawaiian immersion educators, community members, parents, and administrators will facilitate effective action planning and resource allocation as well as ensure the K-12 Kaiapuni in Kapolei meets the unique needs of current and future students; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that the Department of Education is requested to convene a shared decision-making committee to develop an action plan to establish a K-12 Kaiapuni school in Kapolei; and

 

     BE IT FURTHER RESOLVED that the shared decision-making committee is requested to consist of eleven members, serving for two-year terms, as follows:

 

     (1)  The Superintendent of Education, or the Superintendent's designee;

 

     (2)  Principals from relevant middle schools and high schools, such as Kapolei Middle School and Kapolei High School, or their designees;

 

     (3)  Three current Kaiapuni teachers from schools such as:

 

          (A)  Kapolei Middle School;

 

          (B)  Kapolei High School; and

 

          (C)  A feeder elementary immersion school such as Waiau Elementary School or Nānākuli Elementary School;

 

     (4)  The Dual Chancellor for Leeward Community College and the University of Hawaiʻi-West Oʻahu, or the Chancellor's designee;

 

     (5)  A professor or administrator from either Leedward Community College or the University of Hawaiʻi-West Oʻahu with experience in education and teacher training; and

 

     (6)  Three community members as follows:

 

          (A)  Two members of relevant community-based, school-based, or cultural nonprofit organizations; and

 

          (B)  One parent of a current student of Ke Kula Kaiapuni ʻO Kapolei; and

 

     BE IT FURTHER RESOLVED that the action plan is requested to outline goals, objectives, and strategies necessary to achieve a new Kaiapuni K-12 school in Kapolei, including, but not limited to, the following:

 

     (1)  Facility planning and site selection;

 

     (2)  Kumu Kaiapuni recruitment and retention;

 

     (3)  Curriculum and instruction planning;

 

     (4)  Resource allocation policies;

 

     (5)  Recommendations to the Department of Education to standardize, streamline, and facilitate the establishment or expansion of new or existing Kaiapuni schools statewide; and

 

     (6)  Any additional policies as determined by the shared decision-making committee; and

 

     BE IT FURTHER RESOLVED that the action plan is requested to include a process for phasing in Kaiapuni education by:

 

     (1)  Securing a permanent site for a K-12 Kaiapuni school in Kapolei to be used by kindergarten, first, and second grades by the 2027-2028 school year;

 

     (2)  Integrating grades three, four, five, and six by the 2028-2029 school year; and

 

     (3)  Integrating middle school and high school students once all other grades are phased in; and

 

     BE IT FURTHER RESOLVED that the Department of Education is requested to allocate four faculty positions and one administrative position to support Kaiapuni education in the 2027-2028 school year and additional faculty and administrative positions in the following school years based on enrollment numbers of current and potential Kaiapuni students that live in the ʻEwa, Waialua, and Waiʻanae land districts; and

 

     BE IT FURTHER RESOLVED that the decision-making committee is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Education; Superintendent of Education; Dual Chancellor for Leeward Community College and the University of Hawaiʻi-West Oʻahu; and Campbell-Kapolei Complex Area Superintendent.

 

 

 

OFFERED BY:

_____________________________

Report Title: 

Kaiapuni Education; Shared Decision-making Committee; Department of Education; Kapolei