RELATING TO DECENTRALIZATION OF DEPARTMENT OF EDUCATION FARM TO SCHOOL.

HB190

HOUSE OF REPRESENTATIVES

H.B. NO.

190

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to Decentralization of Department of Education Farm to School.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The legislature finds that the school food
services branch of the department of education has experienced multiple
problems over the last two decades.
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Among other issues, the branch has not met the requirements of the
United States Department of Agriculture and has failed multiple audits.

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The legislature further finds that
the State has established ambitious farm to school goals.
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Act 175, Session Laws of Hawaii 2021,
requires thirty per cent of food served in public schools to consist of locally
sourced products by 2030.

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The legislature further finds that
the superintendent of education, deputy superintendent of operations, and
assistant superintendent for the office of facilities and operations are
responsible for achieving the goals of the farm to school program.
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However, there is currently no mechanism in
place to align the work done at the complex area to achieve these goals with
the work done at individual schools.
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Moreover, except for a plan to centralize food production kitchens, the
department of education has not yet produced a plan to create alignment between
the different levels within the department.
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Before adopting the plan to centralize food production, it is
recommended that an analysis of costs and benefits be conducted.

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The legislature also finds that,
despite being responsible for the implementation of the farm to school goals,
the superintendent of education, deputy superintendent of operations, and
assistant superintendent for the office of facilities and operations do not
have direct control over school kitchens.
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No matter what model of food production is ultimately adopted, school
production kitchens will continue to have a major role due to the devolution of
authority to the school level effectuated by Act 51, Session Laws of Hawaii
2004.

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The legislature specifically notes
that principals directly hire cafeteria managers, but that these cafeteria
managers do not have the authority to create regionalized menus or procure
products from local farmers.
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The State's
farm to school goals also do not involve school principals in a meaningful way
because the collective bargaining agreement that covers principal performance
requires principals to be evaluated using the comprehensive evaluation system
for school administrators, which does not evaluate whether a principal's school
has increased the school's use of local, fresh, and nutritious food sources in
student meals.

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The legislature finds that one way
to realign state goals and lines of responsibility and authority is to devolve
the responsibility for the attainment of farm to school goals from the system
level to the complex area level.
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Under
this reorganization, complex area superintendents, who have direct supervisory
control over principals and determine principal career pathways, can provide
appropriate oversight and collect data necessary to monitor a school's progress
in meeting farm to school goals.
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This
devolution will also contribute positively to the effective regionalization of
school menus and improve the ability of each complex area to work with and
purchase from local farmers, food hubs, and distributors.

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Currently, there are approximately
twelve school cafeteria supervisors who, despite supporting school-level
operations, are part of the State's highly centralized school food authority
structure.
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The legislature finds that it
is desirable to increase the total number of these positions and require
individuals in these positions to report to the complex area
superintendents.
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This will provide
complex area superintendents direct authority over the outcomes in the school
kitchens within their complex areas.
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Complex area superintendents will be able to
directly supervise and direct the work of complex area-level cafeteria
supervisors, who will still coordinate with state-level cafeteria lead
supervisors working at the system level to coordinate operations across the
State and compile reporting from the complex areas
.

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The legislature further finds that
this reorganization would redefine the role of school cafeteria supervisors and
require them to take on a more active and engaged role in the farm to school
shift.
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Accordingly, it would be
appropriate for the department of human resources development to conduct a
compensation review to ensure that the compensation of school cafeteria
supervisors accurately reflects their scope of responsibilities.

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The purpose of this Act is to:

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(1)
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Empower complex
area superintendents to implement the farm to school program and farm to school
meals program;

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(2)
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Require certain
school cafeteria supervisors to report directly to complex area
superintendents;

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(3)
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Create, define the
scope of, and appropriate moneys for additional cafeteria supervisor positions;
and

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(4)
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Require the
department of human resources development to conduct a compensation review of
school cafeteria supervisor positions.

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SECTION 2.
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Chapter 302A, Hawaii Revised Statutes, is
amended by adding a new section to part II, subpart C, to be appropriately
designated and to read as follows:

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�302A-
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Farm
to school program; farm to school meals; implementation.
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Notwithstanding
any other law, rule, or policy to the contrary, complex area superintendents
shall have the authority to implement the farm to school program and farm to
school meals program, pursuant to sections
302A-405.5 and
302A-405.6, within their respective complex area schools.
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Each complex area superintendent shall:

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(1)
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Have oversight
over complex area school kitchens and principals in the implementation of the
farm to school and farm to school meals programs;

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(2)
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Supervise and
direct the work of school cafeteria supervisors who work within the complex
area;

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(3)
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Oversee the
procurement of produce from local farmers and the creation of regionalized
menus using locally sourced products;

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(4)
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Collect data on
the implementation of the farm to school and farm to school meals programs,
which shall be reported to school cafeteria lead supervisors employed at the
system level; and

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(5)
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Have any other
power necessary or convenient to implement the farm to school and farm to
school meals programs.
"

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SECTION 3.
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(a)
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The department of education shall fully implement the farm to school
program and the farm to school meals program, pursuant to sections 302A-405.5
and 302A-405.6, Hawaii Revised Statutes, no later than the 2026-2027 school
year.

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(b)
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The department of education shall submit its progress in complying with
this section in its annual report to the legislature
pursuant to section 302A-405.6, Hawaii Revised Statutes.

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SECTION 4.
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Notwithstanding any other law to the
contrary, the department shall employ fifteen cafeteria supervisors, one per
complex area, who shall report directly to their respective complex area
superintendent.
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The duties of the
cafeteria supervisors shall include but not be limited to the following:

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(1)
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Ensuring United States Department of
Agriculture regulation compliance in each school kitchen;

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(2)
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Training all school kitchen staff in the
United States Department of Agriculture regulations;

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(3)
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Increasing meal participation through
development of regional menus tailored to the complex area;

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(4)
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Providing meal accommodations with the
dietitians at the department's school food services branch;

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(5)
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Administering and coordinating district
wellness policies and coordinating wellness activities through the school
cafeteria;

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(6)
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Managing the profit and loss statement and
budgets for each school, in coordination with and assistance from the
department's school food services branch;

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(7)
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Coordinating, in conjunction with the
department's school food services branch, the procurement, vendor payments,
menus, meal analysis, meal accommodations, claims, and other tasks required to
operate a nutrition program;

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(8)
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Expanding the use of the fresh fruit and
vegetable program;

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(9)
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Expanding meal programs that schools
participate in, such as the federal National School Lunch Program and Child and
Adult Care Food Program; and

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(10)
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Coordinating with partners to meet the goals
of the Hawaii farm to school program, including expansion of school garden and
nutrition education programs and strengthening relationships between schools
and local food producers.

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SECTION 5.
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All officers and employees whose functions
are transferred by this Act shall be transferred with their functions and shall
continue to perform their regular duties upon their transfer, subject to the
state personnel laws and this Act.

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No officer or employee of the State
having tenure shall suffer any loss of salary, seniority, prior service credit,
vacation, sick leave, or other employee benefit or privilege as a consequence
of this Act, and such officer or employee may be transferred or appointed to a
civil service position without the necessity of examination; provided that the
officer or employee possesses the minimum qualifications for the position to
which transferred or appointed; and provided that subsequent changes in status
may be made pursuant to applicable civil service and compensation laws.

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An officer or employee of the State
who does not have tenure and who may be transferred or appointed to a civil
service position as a consequence of this Act shall become a civil service
employee without the loss of salary, seniority, prior service credit, vacation,
sick leave, or other employee benefits or privileges and without the necessity
of examination; provided that such officer or employee possesses the minimum
qualifications for the position to which transferred or appointed.

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If an office or position held by an
officer or employee having tenure is abolished, the officer or employee shall
not thereby be separated from public employment, but shall remain in the
employment of the State with the same pay and classification and shall be
transferred to some other office or position for which the officer or employee
is eligible under the personnel laws of the State as determined by the head of
the department or the governor.

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SECTION 6.
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There are established within the department
of education fifteen full-time equivalent (15.0 FTE) permanent school cafeteria
supervisor positions, who shall have the duties and responsibilities described
in section 7 of this Act.

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SECTION 7.
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The school cafeteria supervisor positions
transferred by section 5 and established by section 6 of this Act, among other
responsibilities, shall:

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(1)
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Be based at the complex
area level;

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(2)
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Report directly to
a complex area superintendent;

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(3)
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Coordinate with
school cafeteria lead supervisors working at the system level to implement the
farm to school and farm to school meals programs; and

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(4)
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Be responsible for
the outcomes of their respective complex area school kitchens.

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SECTION 8.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 to establish fifteen
full-time equivalent (15.0 FTE) permanent school cafeteria supervisor positions
pursuant to section 6 of this Act.

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The sums

appropriated shall be expended by the
department of education for the purposes of this Act.

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SECTION 9.
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(a)
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The department of human resources development shall review the existing
classification and compensation schedules for school cafeteria supervisors.
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In conducting this review, the department of
human resources development shall consider the additional responsibilities
assigned to these positions by this Act.

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(b)
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The department of education and any other relevant agency shall
cooperate with the department of human resources development in providing the
information and data necessary to fulfill the purposes of this section.

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(c)
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No later than twenty days prior to the convening of the regular session
of 2026, the department of human resources development shall submit a report to
the legislature recommending modifications to the classification and
compensation schedules reviewed pursuant to subsection (a) that more accurately
reflect the critical duties and responsibilities of these positions.

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SECTION 10.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

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SECTION 11.
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New statutory material is underscored.

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SECTION 12.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

DOE; Farm
to School Program; Complex Area Superintendents; DHRD; Compensation Review; Appropriation

Description:

Provides
that complex area superintendents have the authority to implement the farm to
school and farm to school meals programs.
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Requires certain school cafeteria supervisors to report directly to
complex area superintendents.
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Establishes school cafeteria supervisor positions.
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Requires the Department of Human Resources Development
to conduct a compensation review of school cafeteria supervisor positions.
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Appropriates funds.

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not legislation or evidence of legislative intent.