Article X, Hawaii Constitution

Hawaii Constitution
Preamble
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Article X of the Hawaii Constitution is entitled Education and consists of six sections.

Note: This article was renumbered from Article IX to be Article X by constitutional convention (1978) and election on November 7, 1978. The former Article X now appears as Article XI.

Section 1

Text of Section 1: Public Education The State shall provide for the establishment, support and control of a statewide system of public schools free from sectarian control, a state university, public libraries and such other educational institutions as may be deemed desirable, including physical facilities therefore. There shall be no discrimination in public educational institutions because of race, religion, sex or ancestry; nor shall public funds be appropriated for the support or benefit of any sectarian or nonsectarian private educational institution, except that proceeds of special purpose revenue bonds authorized or issued under section 12 of Article VII may be appropriated to finance or assist: 1. Not-for-profit corporations that provide early childhood education and care facilities serving the general public; and 2. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities.

Amendments

• Amended by Constitutional Convention (1978) and election on November 7, 1978.
• Amended by L 1994, c 280, §4 (HB 2692-94) (Hawaii Limit Board of Education Powers, Ballot Measure 4 (1994)) and election on November 8, 1994.
• Amended by HB 2848 (2002) and election on November 5, 2002.

Section 2

	Text of Section 2: Board of Education There shall be a board of education. The governor shall nominate and, by and with the advice and consent of the senate, appoint the members of the board of education, as provided by law.

Amendments

• Amended by HB 4 (1963) and election on November 3, 1964.
• Amended by Constitutional Convention (1978) and election on November 7, 1978.
• Amended by HB 2688 (1988) and election on November 8, 1988.
• Amended by HB 2376 (2010) and election on November 2, 2010.

Section 3

	Text of Section 3: Power of the Board of Education The board of education shall have the power, as provided by law, to formulate statewide educational policy and appoint the superintendent of education as the chief executive officer of the public school system.

Amendments

• Amended by HB 421 (1964) and election on November 3, 1964.
• Amended by Constitutional Convention (1978) and election on November 7, 1978.
• Amended by L 1994, c 272, §15 (HB 3657-94) (Hawaii Limit Board of Education Powers, Ballot Measure 4 (1994)) and election on November 8, 1994.

Section 4

	Text of Section 4: Hawaiian Education Program The State shall promote the study of Hawaiian culture, history and language. The State shall provide for a Hawaiian education program consisting of language, culture and history in the public schools. The use of community expertise shall be encouraged as a suitable and essential means in furtherance of the Hawaiian education program.

Amendments

• Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 5

	Text of Section 5: University of Hawaii The University of Hawaii is hereby established as the state university and constituted a body corporate. It shall have title to all the real and personal property now or hereafter set aside or conveyed to it, which shall be held in public trust for its purposes, to be administered and disposed of as provided by law.

Amendments

• Amended by Constitutional Convention (1978) and election on November 7, 1978.

Section 6

Text of Section 6: Board of Regents; Powers There shall be a board of regents of the University of Hawaii, the members of which shall be nominated and, by and with the advice and consent of the senate, appointed by the governor from pools of qualified candidates presented to the governor by the candidate advisory council for the board of regents of the University of Hawaii, as provided by law. At least part of the membership of the board shall represent geographic subdivisions of the State. The board shall have the power to formulate policy, and to exercise control over the university through its executive officer, the president of the university, who shall be appointed by the board. The board shall also have exclusive jurisdiction over the internal structure, management, and operation of the university. This section shall not limit the power of the legislature to enact laws of statewide concern. The legislature shall have the exclusive jurisdiction to identify laws of statewide concern.

Amendments

• Amended by HB 253 (1964) and election on November 3, 1964.
• Amended by Constitutional Convention (1978) and election on November 7, 1978.
• Amended by SB 539 (2000) and election on November 7, 2000.
• Amended by SB 1256 (2005) and election on November 7, 2006.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Hawaii Legislative Reference Bureau, "Hawaii Constitution"
• List of Hawaiian constitutions and constitutional conventions
• 1887 Hawaiian Constitution
• 1864 Hawaiian Constitution
• 1840 Hawaiian Constitution

Additional reading

• Time, "Should Hawaii Rewrite It's Constitution - Again?"
• Time, "Hawaii: The Big Change"
• Hawaiian Kingdom.org, "Constitutional History"
• History.com, "Jan 17, 1893: Americans overthrow Hawaiian monarchy"
• Lee, Anne (2011). The Hawaii State Constitution, New York, New York: Oxford University Press