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.
Summary
HCR181 is a House Concurrent Resolution stating that the Legislature intended section 302A-1116, Hawaii Revised Statutes, to allow the Department of Education (DOE) to create only genuinely temporary positions, not positions that can be repeatedly renewed year after year. The resolution explains that the statute was designed to give the DOE limited flexibility to respond to short-term needs while preserving legislative oversight, fiscal accountability, and transparency for more permanent staffing decisions.
The resolution points to the DOE’s 2026 renewal of multiple superintendent-level positions for a second consecutive one-year term as evidence of a reading of the statute that could permit indefinite renewals. It asserts that such a practice would undermine the statutory safeguards built into the law and would be inconsistent with the broader legal framework governing DOE staffing. The measure therefore affirms legislative intent and urges the DOE not to renew one-year appointments created under this authority for additional terms.
Impact
Because this is a concurrent resolution rather than a bill amending the Hawaii Revised Statutes, HCR181 does not itself change statutory language or create new legal penalties. Its practical effect is interpretive and advisory: it formally states the Legislature’s view that section 302A-1116 authorizes only substantively temporary positions and transmits that position to the Board of Education, Superintendent, and Attorney General. The resolution may influence how the DOE, executive agencies, and courts understand the statute, especially regarding whether one-year temporary appointments may be renewed.
Sentiment
The general sentiment reflected in the resolution is supportive of tighter oversight and skeptical of the DOE’s use of the temporary-position authority for repeated renewals. The measure frames the issue as one of protecting legislative control over staffing, budget discipline, and transparency. The available vote history also suggests support in committee, with the Senate Education Committee passing the measure 3-0 with amendments.
Contention
The main point of contention is whether section 302A-1116 permits renewal of temporary positions beyond the initial one-year term. Supporters of the resolution argue that repeated renewals would effectively convert temporary authority into a workaround for creating ongoing positions without full legislative review. The DOE’s apparent practice of renewing superintendent-level positions is the conduct being criticized, while the resolution urges the department to stop doing so. No opposing testimony or recorded dissent is provided in the available materials, but the underlying dispute is over statutory interpretation and the scope of DOE staffing flexibility.
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