Superintendent Patricia Hama- moto wants the authority to replace the principals, most teachers and other staffers at public schools that have consistently failed to meet federal No Child Left Behind requirements.

The drastic action might be needed at as many as 28 schools that have been consistently failing to meet standards.

Hamamoto is currently prevented from reassigning a school's entire staff because no state law grants her the authority to do so and the process has not been negotiated with unions.

Hamamoto said states such as Delaware, which conducts school takeovers, make faculty, staff and members of administration leave the school. The state then redevelops the school from the ground up, establishing a school mission, vision, curriculum and new instructional strategies.

The state then conducts interviews to fill the vacant jobs at the school. It's possible that staff who used to teach at the school could be hired in addition to new staff.

The process is known as "reconstitution."

"In restructuring, the faculty, the staff, the administration is still there. But in a reconstitution, you would change the entire governance ... and those who work at the school," Hamamoto said. "You would give a school a brand new life."

"The schools that are having difficulty making progress, for whatever reason ... we need to do something to help students in those schools," Hamamoto said.

The state public school system is under considerable pressure to meet the ever-increasing expectations of No Child Left Behind.

Under the federal law, by 2014 every student is expected to be proficient in core subjects such as math and reading.

DEADLINE LOOMING

With that deadline just five years away, education officials argue that greater steps must be taken to ensure that failing schools are turned around.

Under No Child Left Behind, if a school remains in restructuring — the stiffest sanction for not meeting federal goals — for more than five years, the state should conduct an intervention, which could include a school takeover by the state or the replacement of school staff.

Hawai'i does not have a law that allows the superintendent to conduct school takeovers. The DOE only has mechanisms for restructuring, which essentially requires schools to work with private consultants to turn achievement around. Likewise, current contract agreements between the DOE and labor unions prevent individual teachers and principals from being transferred without extraordinary reason or cause.

Labor unions representing teachers and principals argue that giving the DOE the authority to overhaul a school would circumvent the collective bargaining process.

Both the Hawaii State Teachers Association and the Hawaii Government Employees Association say they oppose a bill being pushed by the DOE to allow reconstitution and that the DOE should bring its concerns to the negotiating table.

"It takes more than shifting teachers from one school to the next to make a difference," said Roger Takabayashi, president of HSTA, which represents about 13,500 public school teachers.

Takabayashi, speaking from Washington, D.C., said that the DOE is pushing a law that intends to strip employees of their collectively bargained rights.

In testimony at the state Legislature last week, HGEA officials argued that the DOE must bargain any changes to work conditions, which would include removing school staff and transferring them elsewhere.

Leiomalama Desha, executive assistant with the HGEA, which represents principals and other school workers, said the superintendent had not submitted any proposal on reconstitution to the union.

"It appears that the employer's strategy and plan for implementing NCLB did not incorporate negotiating with the unions," she said.

AN EXTREME MEASURE

The idea of reconstitution comes as 78 of Hawai'i's 256 public schools slipped into restructuring last year. That number is up from 48 in the 2007-08 school year.

A school enters restructuring after not making its No Child goals for at least six years.

And while 28 of the 78 schools in restructuring have been under the sanction for three years or more, that doesn't necessarily mean they would be subject to reconstitution, Hamamoto said. Reconstitution of a school would be an extreme measure.

"The data has to be compelling that we need to move to another level of intervention for the students," Hamamoto said.

The DOE would not conduct a school takeover if a school appears to be making progress, she said. Only "if a school is making minimal to no progress" would the DOE reconstitute a school.

The teachers' union said replacing an entire staff could set the schools back.

Takabayashi, who began his teaching career at Dole Middle School, said by removing the current school staff and replacing it, the DOE would uproot institutional knowledge of the community and its unique cultural makeup.

"The staff works as a team. They know each other, they know the community, they know the families," he said.

Takabayashi also pointed out that many schools struggling with trying to get out of restructuring often have a high number of students coming from disadvantaged homes, speak English as a second language or have other barriers to learning.

"Given the situation, these teachers are doing the best that they can," he said.

'NOT A RIGHT FIT'

Rep. Roy Takumi, chairman of the House Education Committee, said the DOE needs to consider what happens with the staff at the affected school.

"If you subscribe to the premise that if a school is not doing well, it means that the adults in that school ... they obviously are not doing what could be done," Takumi said.

Takumi, D-36th (Pearl City, Momilani, Pacific Palisades), said sometimes it's a question of whether a teacher or administrator fits with their current environment.

"With principals or teachers, just because they may not be as effective in a particular school ... more than likely it's just not a right fit," he said.