HB 2344

HOUSE OF REPRESENTATIVES
H.B. NO.
2344
THIRTY-THIRD LEGISLATURE, 2026
H.D. 1
STATE OF HAWAII
S.D. 2
C.D. 1
A BILL FOR AN ACT
RELATING TO SCHOOL FACILITIES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� The
legislature finds that Hawaii's public school system is a foundational public
asset that is facing significant challenges.�
Projections from the Western Interstate Commission for Higher Education
indicate that Hawaii is expected to experience the nation's steepest decline in
high school graduates over the next sixteen years, with enrollment decreases
likely to accelerate.
���� The legislature further finds that, while
statewide public school enrollment today is nearly the same as it was in 1961,
the number of schools has increased by approximately twenty per cent.� Decades of enrollment growth led to the
construction of new campuses, but the recent and continuing decline in student
numbers has left many facilities underutilized.�
This imbalance has created operational inefficiencies and diverted resources
that could otherwise be used to support student learning or modernize facilities
in high-need areas.� The legislature also
finds that prior efforts to consolidate or close schools have often been slow,
inconsistent, and subject to political delay.�
In light of declining enrollment, potential reductions in federal
funding, and the State's need for fiscal prudence, a proactive and data-driven
process is required to optimize the public school system for the twenty-first
century.
���� The legislature additionally finds that the
federal Base Realignment and Closure process provides a proven and effective
model for making complex and politically sensitive infrastructure
decisions.� By establishing an
independent commission and requiring an "all‑or‑nothing"
vote on its recommendations, the Base Realignment and Closure model ensures
that decisions are guided by objective data and the overall public interest
rather than localized political pressures.
���� The purpose of this Act is to establish a
temporary, independent public school realignment and closure commission to
review the State's public school facilities and recommend a comprehensive
package of consolidations, realignments, or closures for an expedited,
up-or-down approval process.
���� SECTION 2.�
(a)� There is established a
temporary public school realignment and closure commission to be placed within
the department of accounting and general services for administrative purposes
only.
���� (b)�
The commission shall consist of nine members appointed for a term to
expire upon the dissolution of the commission as provided in this Act.� The members shall comprise:
���� (1)� One
voting member appointed by the governor without regard to section 26-34, Hawaii
Revised Statutes;
���� (2)� Two
voting members appointed by the president of the senate; and
���� (3)� One
voting member appointed by the minority leader of the senate;
���� (4)� Two
voting members appointed by the speaker of the house of representatives;
���� (5)� One
voting member appointed by the minority leader of the house of representatives;
���� (6)� The
comptroller, or the comptroller's designee, who shall serve as an ex officio,
nonvoting member; and
���� (7)� The
superintendent of education, or the superintendent's designee, who shall serve
as an ex officio, nonvoting member.
The voting
members of the commission shall elect a chairperson from among the voting
members.
���� (c)� Each
appointee shall have experience in one or more of the following fields:� public finance, urban planning, real estate,
education administration, or facilities management.� No person who is a current elected official;
registered lobbyist; or member or employee of the department of education,
board of education, school facilities authority, or school facilities authority
board shall be eligible to serve as a voting member of the commission.
���� (d)�
The members shall serve without compensation but shall be reimbursed for
expenses, including travel expenses, necessary for the performance of their
duties.
���� (e)�
The department of accounting and general services shall provide to the
commission any administrative support the department deems necessary to fulfill
the duties of the commission.
���� (f)�
The commission shall:
���� (1)� Develop
and adopt, after public hearings, a comprehensive and objective set of criteria
to be used in evaluating public school facilities for potential consolidation,
realignment, or closure.� The criteria
shall include:
��������� (A)� The
facility's:
������������� (i)� Current and projected student enrollment data;
������������ (ii)� Condition, including any deferred maintenance backlogs or capital
improvement needs;
����������� (iii)� Annual operational costs and cost per pupil; and
������������ (iv)� Building capacity and utilization rates;
��������� (B)� The
geographic proximity and capacity of other schools in the area;
��������� (C)� The
potential for reuse, sale, or redevelopment of school properties;
��������� (D)� Equity
considerations, including the impact of a potential consolidation, realignment,
or closure on students from disadvantaged communities;
��������� (E)� The
academic needs of students, with specific consideration for students receiving
special education services; and
��������� (F)� The
logistical feasibility of transition plans for affected students and staff;
���� (2)� Request
and receive from the department of education, school facilities authority, and
any other state or county agency any data necessary to conduct its evaluation,
including any existing reports, data, and analyses from the department of
education regarding ongoing school consolidation efforts;
���� (3)� Formally
consult with the board of education during the development of the criteria and
the evaluation of public school facilities to ensure educational priorities are
considered; and
���� (4)� Conduct
a statewide review of public school facilities based on the criteria adopted
pursuant to paragraph (1).
���� (g)�
The commission shall be subject to chapter 92, Hawaii Revised Statutes.
���� (h)� The
commission shall prepare a preliminary report containing its proposed
recommendations for the consolidation, realignment, or closure of specific
public schools. �Within one hundred days
of the appointment of all voting members to the commission, the commission
shall publish a public notice of the preliminary report in each county.
���� (i)�
Following the initial public notice, the commission shall hold at least
one public hearing on the preliminary report in each county.� The commission shall provide at least twenty
days of advance notice prior to each public hearing.� The notice shall include a statement
summarizing the substance of the preliminary report and the date, time, and
location where interested persons may be heard.
���� (j)�
At each public hearing, all interested persons shall be afforded an
opportunity to submit data, views, or arguments, either orally or in writing,
for the commission to consider.
���� (k)�
Following the public hearings, the commission shall issue a final report
and comprehensive list of recommendations, which may include a timeline for
phased consolidations, realignments, or closures.� No later than October 1, 2028, the commission
shall file the final report with the governor, president of the senate, speaker
of the house of representatives, and board of education.
���� (l)�
Upon filing of the final report pursuant to subsection (k), the
recommendations contained in the final report shall become final and
binding.� No further approval by the governor,
legislature, or board of education shall be required.
���� (m)�
The board of education and department of education shall take all
necessary actions to implement the binding recommendations of the commission
pursuant to this section no later than October 1, 2029, and may implement the
recommendations in phases as outlined in the final report of the commission.
���� SECTION 3.�
The board of education and department of education shall cooperate with
the commission and supply the commission with any relevant information
requested by the commission.
���� SECTION 4.�
The public school realignment and closure commission shall cease to
exist on June 30, 2029.
���� SECTION 5.�
For the purposes of this Act:
���� "Commission" means the public
school realignment and closure commission established by this Act.
���� "Public school" shall have the
same meaning as "department school" as defined in section 302A-101,
Hawaii Revised Statutes.� "Public
school" does not include a charter school governed by chapter 302D, Hawaii
Revised Statutes.
���� "Public school facilities" means
facilities of a department school as defined in section 302A-101, Hawaii
Revised Statutes.� "Public school
facilities" does not include facilities of a charter school governed by
chapter 302D, Hawaii Revised Statutes.
���� SECTION 6.�
There is appropriated out of the general revenues of the State of Hawaii
the sum of $150,000 or so much thereof as may be necessary for fiscal year
2026-2027 for the operational costs of the public school realignment and
closure commission.
���� The sum appropriated shall be expended by
the department of accounting and general services for the purposes of this Act.
���� SECTION 7.�
This Act shall take effect on July 31, 2026; provided that section 6
shall take effect on July 1, 2026.
Report Title:
Governor; Department of Accounting and General Services;
Department of Education; Public School Realignment and Closure Commission;
Reports; Appropriation
Description:
Establishes
a temporary, independent Public School Realignment and Closure Commission to
develop and recommend a comprehensive package of school consolidations,
realignments, and closures based on the federal Base Realignment and Closure
model.� Requires reports to the
Legislature.� Requires an expedited
approval process for the recommended school consolidations, realignments, and
closures.� Appropriates funds.� (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.