Principals, teachers and staff at Hawaii's lowest-performing public schools could be replaced and private agencies hired to turn around campuses that repeatedly flunk the No Child Left Behind law, under a state Department of Education plan.

The proposal, which will be sent to lawmakers this year, comes as the number of isle schools being restructured - the harshest penalty of the federal education mandate - rose to 78 from 48 in the past year.

It would allow Schools Superintendent Pat Hamamoto to replace workers at schools under restructuring for three years or longer, change membership of school community councils and hand over control of the campus to private companies.

The top-to-bottom approach would be a major shift from how the Education Department has been trying to help schools stay on track of the NCLB's goal of having every child proficient in reading and math by 2014.

Currently, schools that fail escalating test targets and other requirements of the law such as graduation and retention rates have been getting extra money to improve programs, target instruction in specific areas or work with consultants to raise student achievement. In the 2007-08 academic year, for example, 46 restructuring schools shared $5 million in state funds to implement reforms.

But 28 state schools, including one charter school, have been unable to exit restructuring in three or more years, prompting the Education Department to consider “;reconstituting”; those schools - a more aggressive aspect of restructuring aimed at changing a school's culture.

“;What we are trying to do is work with those schools that are not making significant academic growth after three or more years,”; Assistant Superintendent Daniel Hamada said about the idea, noting schools have had “;the opportunity to improve.”;

“;Those are the ones we are focusing on,”; he added. “;The schools that are not showing growth.”;

It's unclear how much it would cost to reconstitute a school, or what would happen to dismissed employees.

Board of Education Chairman Garrett Toguchi said the proposal is worth debate.

“;I don't know that something as drastic needs to be taken,”; he said. “;But there may be cases where there's so much going on with the personalities of the school that the only way you can get around it is by maybe just replacing everybody instead of picking and choosing who you are going to replace.”;

Nationally, more schools are expected to face government sanctions as the law's deadline nears. In fact, only about a third of states are making enough progress to ensure all children can read and solve math problems at their grade level six years from now, according to the nonpartisan Center on Education Policy.

In California, hundreds of schools have been in restructuring for six years or more, according to the group. It found that only 10 percent of restructuring schools in that state chose to hand school management over to an outside organization, as Hawaii is contemplating.

Most schools opted for a variety of strategies to get better, from relying on more data to create lessons and adding teacher or principal coaches to changing schedules.

“;There is a very mixed record whether they are effective or not,”; CEP's President and CEO Jack Jennings said about educational contractors. “;The bottom line is, there is nothing magic about any one solution. Anything that is done has to be done thoughtfully, it has to be done carefully and it has to be monitored properly.”;

While reconstituting has worked in some places, it can become problematic - and costly - if displaced teachers labeled ineffective sue the state or simply move to a different campus.

“;If they are not very good teachers, all you are doing is shifting the problem to another school,”; Jennings said.

Roger Takabayashi, president of the 13,000-plus member Hawaii State Teachers Association, said the islands' teacher shortage would likely worsen if employees were let go. Hawaii needs to hire about 1,700 teachers annually to fill vacancies.

He said the Education Department should focus on raising student achievement by ensuring schools have librarians, counselors and small class sizes instead of overhauling their operations.

Takabayashi, like educators across the country, is hoping President-elect Barack Obama's administration will make the NCLB law more flexible. However, it could take until the end of 2010 for it to be significantly altered, Jennings said.

State Sen. Norman Sakamoto expects opposition to the school reconstitution bill, but he said he would hear it.

“;Obviously, the community and other people wouldn't want her (Hamamoto) just to come in overnight and make these changes. There needs to be a reasonable process,”; said Sakamoto, chairman of the Education and Housing Committee. “;Whether No Child Left Behind survives or not, it's about how do we do the best we can for the students.”;

STRUGGLING TO SUCCEED

Here are the 28 Hawaii public schools that have been in restructuring for three years or longer for failing to meet goals of the federal No Child Left Behind law. The state Department of Education is proposing a measure that would allow Superintendent Pat Hamamoto to replace staffers at those schools - including teachers and principals - to raise student achievement.

  Honolulu District

Central Middle

Dole Middle

Kalihi Kai

Central District

Wahiawa Elementary

Wahiawa Middle

Leeward District

Kamaile Elementary Public Charter School*

Maili Elementary

Nanaikapono Elementary

Nanakuli Elementary

Nanakuli High and Intermediate

Waianae Intermediate

Waipahu Elementary

Waipahu Intermediate

Windward District

Kahaluu Elementary

Parker Elementary

  Hawaii District

Hilo Intermediate

Kalanianaole Elementary and Intermediate

Kau High and Pahala Elementary

Keeau Middle

Kealakehe Elementary

Kealakehe Intermediate

Laupahoehoe High and Elementary

Naalehu Elementary and Intermediate

Pahoa High and Intermediate

Maui County

Hana High and Elementary

Kaunakakai Elementary

Molokai High

Molokai Middle

  * The Education Department's proposal to the Legislature would allow Hamamoto to recommend that a charter school be reconstituted.

Source: Hawaii Education Department