REPORT TITLE:
Education


DESCRIPTION:
Defines new century charter schools with alternate educational
programs.  Creates a process whereby existing public schools and
new schools may be established as new century charter schools.
States that current student-centered schools are to be designated
as new century charter schools.  (CD1)

 
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                                                        1501
THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                H.D. 3
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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

 1      SECTION 1.  The legislature finds that as long as a public
 
 2 school complies with the requirements that it be free to all
 
 3 attending students, that its admissions policies be
 
 4 nondiscriminatory, and that it comply with statewide performance
 
 5 standards, a school should otherwise be free from statutory and
 
 6 regulatory requirements that tend to inhibit or restrict a
 
 7 school's ability to make decisions relating to the provision of
 
 8 educational services to the students attending the school.
 
 9      To nurture the ideal of more autonomous and flexible
 
10 decision-making at the school level, the legislature supports the
 
11 concept of new century charter schools.  The legislature finds
 
12 that this concept defines a new approach to education that is
 
13 free of bureaucratic red tape and accommodating of the individual
 
14 needs of students to allow the State to dramatically improve its
 
15 educational standards for the twenty-first century.  Both
 
16 existing public schools and new schools may be established as new
 
17 century charter schools, and these schools will allow educators
 
18 to better tailor the curriculum to enhance the learning of the
 
19 students.  
 

 
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 1      The purpose of this Act is to increase the flexibility and
 
 2 autonomy at the school level by allowing existing public schools
 
 3 and new schools to be designated as new century charter schools.
 
 4 These new century charter schools shall have a local school board
 
 5 as a governing body, and shall operate independent educational
 
 6 programs from those provided by the department of education
 
 7 statewide.
 
 8      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 
 9 amended by adding a new part to be appropriately designated and
 
10 to read as follows:
 
11              "PART .  NEW CENTURY CHARTER SCHOOLS
 
12      �302A-A   New century charter schools.  All schools
 
13 previously designated as student-centered schools shall be
 
14 designated as new century charter schools.
 
15      �302A-B   New century charter schools; establishment.  (a)
 
16 Up to a total of twenty-five schools may be established as new
 
17 century charter schools.  These new century charter schools may
 
18 be established by:
 
19      (1)  The creation of a new school pursuant to section
 
20           302A-C;
 
21      (2)  An existing public school pursuant to subsection (b);
 
22           or
 
23      (3)  The creation of a new school, comprising programs or
 

 
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 1           sections of existing public school populations and
 
 2           using existing public school facilities pursuant to
 
 3           section 302A-C.
 
 4      (b)  Any public school or schools may form a new century
 
 5 charter school by establishing a local school board as its
 
 6 governing body composed of, at a minimum, one representative from
 
 7 each of the following participant groups:
 
 8      (1)  Principals;
 
 9      (2)  Instructional staff members selected by the school
 
10           instructional staff;
 
11      (3)  Support staff selected by the support staff of the
 
12           school;
 
13      (4)  Parents of students attending the school selected by
 
14           the parents of the school;
 
15      (5)  Student body representatives selected by the students
 
16           of the school; and
 
17      (6)  The community at-large.
 
18      (c)  The local school board shall formulate and develop a
 
19 detailed implementation plan, which shall include but not be
 
20 limited to the following:
 
21      (1)  A description of the administrative and educational
 
22           framework, and which provides for the basic protection
 
23           of employees and their reasonable academic freedoms;
 

 
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 1      (2)  A plan for identifying, recruiting, and selecting
 
 2           students to make certain that student participation is
 
 3           not exclusive, elitist, or segregationalist;
 
 4      (3)  A plan for assessing student performance that focuses
 
 5           upon the established state educational performance
 
 6           standards, has at least equivalent rigor of standards
 
 7           and technical quality, as well as any other specific
 
 8           student outcomes to be achieved, and making this plan
 
 9           accountable to the general public;
 
10      (4)  The curriculum, instructional framework, and assessment
 
11           mechanisms to be used to achieve student outcomes;
 
12      (5)  A plan to hold the school, its faculty, and staff
 
13           (collectively and individually) accountable in at least
 
14           an equivalent manner as are other public schools
 
15           throughout the State;
 
16      (6)  A governance structure of the school;
 
17      (7)  A facilities management plan that is consistent with
 
18           the state facilities plan; provided that if the
 
19           facilities management plan includes use of existing
 
20           school facilities, the new century charter school shall
 
21           receive authorization from the administrator
 
22           responsible for the facilities; provided further that
 
23           the final determination of use shall be under the
 

 
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 1           discretion of the board; and
 
 2      (8)  Annual financial and program audits.
 
 3      The detailed implementation plan shall be approved by sixty
 
 4 per cent of the school's existing administrative, support, and
 
 5 teaching personnel, and parents; provided that the school
 
 6 personnel may request their bargaining unit representative to
 
 7 certify and conduct the elections for their respective bargaining
 
 8 units.  Once approved, the detailed implementation plan shall be
 
 9 submitted to the board for review.
 
10      (d)  The board shall have thirty days to review the
 
11 completed implementation plan for the proposed new century
 
12 charter school to assure its compliance with subsection (c) and
 
13 section 302A-D.  Unless the board finds that the plan conflicts
 
14 with subsection (c) or section 302A-D, the governor, the
 
15 superintendent, and the board shall issue a charter designating
 
16 the proposed new century charter school as a new century charter
 
17 school within thirty days, and the proposed implementation plan
 
18 shall be converted to a written performance contract between the
 
19 school and the board.  If, within thirty days after the
 
20 submission of the plan, the board finds a conflict with
 
21 subsection (c) or section 302A-D, it shall notify the local
 
22 school board of the finding in writing to enable the local school
 
23 board to appropriately amend the plan to resolve the conflict.
 

 
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 1      (e)  The new century charter schools shall not charge
 
 2 tuition.  The State shall afford the local school board of any
 
 3 new century charter school the same protections as the State
 
 4 affords to the board.
 
 5      �302A-C   New century charter schools; request for
 
 6 establishment and designation.(a)  As an alternative to section
 
 7 302A-B(b), any community or any program within an existing school
 
 8 may submit a letter of intent to the board for the establishment
 
 9 of a new century charter school.
 
10      (b)  The authors of the letter of intent shall then develop
 
11 a detailed implementation plan, pursuant to section 302A-B(c);
 
12 provided that the plan shall also include the appointment of an
 
13 interim school board, address issues of personnel management, and
 
14 align any funding for the design and construction costs of
 
15 building or renovating the new century charter school with the
 
16 state facilities plan.  The superintendent shall provide support
 
17 and guidance to the community in formulating a detailed
 
18 implementation plan which is compliant with sections 302A-B(c)
 
19 and 302A-D.  Once completed, the detailed implementation plan
 
20 shall be submitted to the board for review.
 
21      (c)  The board shall have sixty days to review the completed
 
22 implementation plan for the proposed new century charter school
 
23 to ensure its compliance with sections 302A-B(c) and 302A-D.
 

 
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 1 Unless the board finds that the plan conflicts with
 
 2 section 302A-B(c) or 302A-D, the governor, the superintendent,
 
 3 and the board shall issue a charter designating the proposed new
 
 4 century charter school as a new century charter school within
 
 5 sixty days, and the proposed implementation plan shall be
 
 6 converted into a written performance contract between the school
 
 7 and the board.  The interim local school board shall establish
 
 8 the local school board pursuant to section 302A-B(b) no later
 
 9 than ninety days after the governor, the superintendent, and the
 
10 board have designated the school a new century charter school by
 
11 charter.  If, within sixty days after the submission of the plan,
 
12 the board finds a conflict with section 302A-B(c) or 302A-D, it
 
13 shall notify the authors of the letter of intent of the finding
 
14 in writing to enable the authors of the letter of intent to
 
15 appropriately amend the plan to resolve the conflict.
 
16      �302A-D  New century charter schools; exemptions.  Schools
 
17 designated as new century charter schools shall be exempt from
 
18 all applicable state laws, except those regarding:
 
19      (1)  Collective bargaining under chapter 89; provided that:
 
20           (A)  The exclusive representatives defined in chapter
 
21                89 may enter into agreements that contain cost and
 
22                noncost items to facilitate decentralized
 
23                decision-making; 
 

 
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 1           (B)  The exclusive representatives and the local school
 
 2                board of the new century charter school may enter
 
 3                into agreements that contain cost and noncost
 
 4                items; 
 
 5           (C)  The agreements shall be funded from the current
 
 6                allocation or other sources of revenue received by
 
 7                the new century charter school; and
 
 8           (D)  These agreements may differ from the master
 
 9                contracts;
 
10      (2)  Discriminatory practices under section 378-2; and
 
11      (3)  Health and safety requirements.
 
12 New century charter schools shall be exempt from the state
 
13 procurement code, chapter 103D, but shall develop internal
 
14 policies and procedures for the procurement of goods, services,
 
15 and construction, consistent with the goals of public
 
16 accountability and public procurement practices.  However, where
 
17 possible, the new century charter school is encouraged to use the
 
18 provisions of chapter 103D; provided that the use of one or more
 
19 provisions of chapter 103D shall not constitute a waiver of the
 
20 exemption of chapter 103D and shall not subject the new century
 
21 charter school to any other provision of chapter 103D.  New
 
22 century charter schools shall account for funds expended for the
 
23 procurement of goods and services, and this accounting shall be
 

 
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 1 available to the public.
 
 2      �302A-E  New century charter schools; funding.(a)  New
 
 3 century charter schools shall receive an allocation of state
 
 4 general funds based upon the operational and educational funding
 
 5 requirements of the schools; provided that:
 
 6      (1)  Beginning in fiscal year 1999-2000, and every year
 
 7           thereafter, the auditor shall determine the appropriate
 
 8           allocation based on the total department general fund
 
 9           appropriation and per pupil expenditure for the
 
10           previous year; provided that in setting the allocation,
 
11           the auditor shall explicitly consider the advice of the
 
12           superintendent and indicate in the final determination
 
13           the manner in which that advice was accommodated;
 
14      (2)  Small schools shall be given a state subsidy or small
 
15           school allotment to augment the per pupil allocation
 
16           given; provided that if additional federal grant moneys
 
17           are received, the auditor shall determine the
 
18           appropriate portion of the federal grant moneys to be
 
19           used to offset the small school allotment; provided
 
20           further that the federal grant moneys shall not include
 
21           federal impact aid;
 
22      (3)  The auditor shall take into consideration any changes
 
23           to the department's budget by the legislature and any
 

 
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 1           applicable collective bargaining negotiated amounts;
 
 2           and
 
 3      (4)  The allocation for self-contained special education
 
 4           students and for other special education students shall
 
 5           be adjusted appropriately to reflect the additional
 
 6           expenses incurred for students in these programs;
 
 7           provided that any increment to the per pupil allocation
 
 8           made in this paragraph shall not exceed that available
 
 9           to other public schools.
 
10      (b)  All federal and other financial support for new century
 
11 charter schools shall be no less than all other public schools;
 
12 provided that if administrative services are provided to the
 
13 school by the department, the school shall reimburse the
 
14 department for the actual costs of the administrative services in
 
15 an amount that does not exceed six and one-half per cent of the
 
16 school's allocation.  
 
17      Any new century charter school shall be eligible to receive
 
18 any supplementary financial grant or award for which any other
 
19 public school may submit a proposal, or any supplemental federal
 
20 grants limited to new century charter schools; provided that if
 
21 department administrative services, including funds management,
 
22 budgetary, fiscal accounting, or other related services, are
 
23 provided with respect to these supplementary grants, the school
 

 
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 1 shall reimburse the department for the actual costs of the
 
 2 administrative services in an amount that does not exceed six and
 
 3 one-half per cent of the supplementary grant for which the
 
 4 services are used.
 
 5      All additional funds that are generated by the local school
 
 6 board not from a supplementary grant shall be separate and apart
 
 7 from allotted funds may be expended at the discretion of the
 
 8 local school board.
 
 9      (c)  If, at any time, the new century charter school
 
10 dissolves or is denied continuation, the State of Hawaii shall
 
11 have first right, at no cost to the State, to all the assets and
 
12 facilities of the new century charter school.
 
13      �302A-F  New century charter schools; self-evaluation.(a)
 
14 Every new century charter school shall conduct self-evaluations
 
15 annually.  The self-evaluation process shall include but not be
 
16 limited to:
 
17      (1)  The identification and adoption of benchmarks to
 
18           measure and evaluate administrative and instructional
 
19           programs as provided in this section;
 
20      (2)  The identification of any administrative and legal
 
21           barriers to meeting the benchmarks, as adopted, and
 
22           recommendations for improvements and modifications to
 
23           address the barriers; and
 

 
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 1      (3)  The impact of any changes made upon the students of the
 
 2           new century charter school.
 
 3 Every new century charter school shall submit a report of its
 
 4 self-evaluation to the board within sixty days after the
 
 5 completion of the school year; provided that the department shall
 
 6 have thirty days to respond to any recommendation regarding
 
 7 improvements and modifications that would directly impact the
 
 8 department.
 
 9      (b)  The board shall initiate an independent evaluation of
 
10 each new century charter school four years after its
 
11 establishment and every four years thereafter to assure
 
12 compliance with statewide student performance standards and
 
13 fiscal accountability; provided that each new century charter
 
14 school established prior to July 1, 1998, shall be evaluated four
 
15 years after July 1, 1998, and every four years thereafter.  Upon
 
16 a determination by the board that student achievement within a
 
17 new century charter school does not meet the student performance
 
18 standards, or that the new century charter school is not fiscally
 
19 responsible, a new century charter school shall be placed on
 
20 probationary status and shall have two years to bring student
 
21 performance into compliance with statewide standards and improve
 
22 the school's fiscal accountability.  If a new century charter
 
23 school fails to meet its probationary requirements, or fails to
 

 
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 1 comply with any of the requirements of this section, the board,
 
 2 upon a two-thirds majority vote, may then deny the continuation
 
 3 of the new century charter school.
 
 4      �302A-G  New century charter schools; administrative
 
 5 supervision.  Whenever any new century charter school is
 
 6 established under section 302A-B or 302A-C, the following
 
 7 provisions shall apply except as otherwise specifically provided
 
 8 by this chapter:
 
 9      (1)  Following consultation with the new century charter
 
10           school, the board shall represent the new century
 
11           charter school in communications with the governor and
 
12           with the legislature;
 
13      (2)  The financial requirements for state funds of the new
 
14           century charter school shall be submitted through the
 
15           board and included in the budget for the department;
 
16      (3)  The approval of all policies and rules adopted by the
 
17           new century charter school shall be preceded by an open
 
18           public meeting and shall not be subject to chapter 91;
 
19      (4)  The employment, appointment, promotion, transfer,
 
20           demotion, discharge, and job descriptions of all
 
21           officers and employees of or under the jurisdiction of
 
22           the new century charter school shall be determined by
 
23           the new century charter school and applicable personnel
 

 
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 1           laws and collective bargaining agreements;
 
 2      (5)  Except as set forth in this section, the board or the
 
 3           superintendent of education shall not have the power to
 
 4           supervise or control the new century charter school in
 
 5           the exercise of its functions, duties, and powers; and
 
 6      (6)  Local school boards may enter into an annual business
 
 7           contract for centralized services to be provided by the
 
 8           department prior to the beginning of each school year.
 
 9      �302A-H  New century charter schools; mandate to support.
 
10 The department, together with key representatives of the major
 
11 divisions in the department, representatives from the unions, as
 
12 well as individuals from the new century charter schools shall
 
13 collaborate together on a system of technical assistance that
 
14 will provide a baseline for success of each new century charter
 
15 school.  In addition, the department, through the board and its
 
16 superintendent, shall provide any other information and technical
 
17 assistance upon request necessary to support the establishment
 
18 and expansion of new century charter schools."
 
19      SECTION 3.  Section 302A-101, Hawaii Revised Statutes, is
 
20 amended as follows:
 
21      1.  By adding a new definition to be appropriately inserted
 
22 and to read:
 
23      ""New century charter schools" means the implementation of
 

 
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 1 alternative frameworks with regard to curriculum, facilities
 
 2 management, instructional approach, length of the school day,
 
 3 week, or year, and personnel management, formed under section
 
 4 302A-B or 302A-C."
 
 5      2.  By repealing the definition of "student-centered
 
 6 schools":
 
 7      [""Student-centered schools" means the implementation of
 
 8 alternative frameworks with regard to curriculum; facilities
 
 9 management; instructional approach; length of the school day,
 
10 week, or year; and personnel management; and may include two or
 
11 more schools acting jointly."]
 
12      SECTION 4.  Section 302A-1114, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[]�302A-1114[]]  Power of appointment, removal.  The
 
15 department, from time to time, may appoint and remove such
 
16 teachers, educational officers, and other personnel as may be
 
17 necessary for carrying out the purposes of sections 302A-201,
 
18 302A-301, 302A-401 to 302A-410, 302A-601, 302A-1001 to 302A-1004,
 
19 302A-1101 to [302A-1123,] 302A-1122, 302A-1301 to 302A-1305,
 
20 302A-1401 to 302A-1403, and 302A-1501 to 302A-1506, and regulate
 
21 their duties, powers, and responsibilities, when not otherwise
 
22 provided by law."
 
23      SECTION 5.  Section 302A-1302, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "�302A-1302  School-based budget flexibility.  Beginning
 
 3 with the 1995-1997 fiscal biennium, the department shall
 
 4 implement school-based budget flexibility for schools, complexes,
 
 5 and learning support centers.  The flexibility shall be limited
 
 6 to the school-based budgeting program EDN 100 of the department
 
 7 for all schools except [student-centered schools] new century
 
 8 charter schools defined in section 302A-101; provided that
 
 9 beginning in fiscal year 1998-1999, and every year thereafter,
 
10 the department shall distribute the full appropriation due to a
 
11 [student-centered] new century charter school pursuant to section
 
12 [302A-1123(d)] 302A-E directly to the [student-centered] new
 
13 century charter school."
 
14      SECTION 6.  Section 302A-1123, Hawaii Revised Statutes, is
 
15 repealed.
 
16      ["�302A-1123  Student-centered schools; programs and
 
17 administration.(a)  Any public school, up to a total of
 
18 twenty-five schools, may establish a student-centered school,
 
19 which shall be attached to the board of education for
 
20 administrative purposes only as specified under section
 
21 302A-1123.6; provided that:
 
22      (1)  Any public school that establishes a student-centered
 
23           school shall be exempt from all applicable state laws;
 

 
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 1           except those regarding:
 
 2           (A)  Collective bargaining under chapter 89; provided
 
 3                that the exclusive representatives and the
 
 4                employers defined in chapter 89 may enter into
 
 5                agreements that contain cost and noncost items to
 
 6                facilitate decentralized decision-making; and
 
 7                provided further that the exclusive bargaining
 
 8                unit representatives and the local school board of
 
 9                the student-centered school may enter into
 
10                agreements that contain cost and noncost items;
 
11                and provided further that the agreements shall be
 
12                funded from the current allocation or other
 
13                sources of revenue received by the
 
14                student-centered school; 
 
15           (B)  State procurement laws; and
 
16           (C)  Discriminatory practices under section 378-2, and
 
17                health and safety requirements;
 
18      (2)  The school establishes a local school board as its
 
19           governing body composed of, at a minimum, one
 
20           representative from each of the following participant
 
21           groups:
 
22           (A)  Principals;
 
23           (B)  Instructional staff members selected by the school
 

 
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 1                instructional staff;
 
 2           (C)  Support staff selected by the support staff of the
 
 3                school;
 
 4           (D)  Parents of students attending the school selected
 
 5                by the parents of the school;
 
 6           (E)  Student body representatives selected by the
 
 7                students of the school; and
 
 8           (F)  The community at-large;
 
 9      (3)  The local school board may formulate school-based
 
10           educational policy and goals in accordance with
 
11           statewide educational performance standards, adopt
 
12           school performance standards and assessment mechanisms,
 
13           monitor school success, and may select the principal as
 
14           the chief executive officer of the school in accordance
 
15           with paragraph (1)(A).  The principal shall consult and
 
16           work collaboratively with the local school board and
 
17           have jurisdiction over the internal organization,
 
18           operation, and management of the school;
 
19      (4)  The local school board has developed a detailed
 
20           implementation plan containing the elements prescribed
 
21           under subsection (b) for a student-centered school that
 
22           has been approved by three-fifths of the school's
 
23           administrative, support, and teaching personnel, and
 

 
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 1           parents; provided that the school personnel may request
 
 2           their bargaining unit representatives to certify and
 
 3           conduct the elections for their respective bargaining
 
 4           units;
 
 5      (5)  The detailed implementation plan has been submitted to
 
 6           the board of education for review;
 
 7      (6)  The detailed implementation plan assures compliance
 
 8           with statewide student performance standards;
 
 9      (7)  No student-centered school shall charge tuition; and
 
10      (8)  The State shall afford the local school board of any
 
11           student-centered school the same protections as the
 
12           State affords to the state board of education.
 
13      (b)  The detailed implementation plan for the student-
 
14 centered school shall include but not be limited to the
 
15 following:
 
16      (1)  A description of the administrative and educational
 
17           framework;
 
18      (2)  Specific student outcomes to be achieved;
 
19      (3)  The curriculum, instructional framework, and assessment
 
20           mechanisms to be used to achieve student outcomes;
 
21      (4)  Governance structure of the school;
 
22      (5)  Facilities management plan; and
 
23      (6)  Annual financial and program audits.
 

 
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 1      (c)  The board of education shall review the proposed
 
 2 student-centered school plan to assure that it complies with
 
 3 statewide educational performance standards.  Unless the board of
 
 4 education finds that the plan conflicts with statewide
 
 5 educational performance standards, the plan shall become
 
 6 effective within thirty days after its submission.  If the board
 
 7 of education finds a conflict with statewide educational
 
 8 performance standards, it shall notify the local school board of
 
 9 the finding in writing to enable the local school board to
 
10 appropriately amend the plan to resolve the conflict.
 
11      (d)  Student-centered schools shall receive an allocation of
 
12 state general funds based upon the operational and educational
 
13 funding requirements of the schools; provided that:
 
14      (1)  For fiscal year 1998-1999, the allocation shall be
 
15           based on a total per pupil expenditure as determined by
 
16           the legislative auditor; provided that the allocation
 
17           may be adjusted by the auditor to reflect changes to
 
18           the department's budget in the Supplemental
 
19           Appropriations Act of 1998, Act 116, Session Laws of
 
20           Hawaii 1998, and any appropriation made for collective
 
21           bargaining agreements; and provided further that a
 
22           school may negotiate an adjusted allocation in order to
 
23           have the department of education provide services to
 

 
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 1           the school; and
 
 2      (2)  Beginning in fiscal year 1999-2000, and every year
 
 3           thereafter, the auditor shall determine the appropriate
 
 4           allocation based on the total department of education
 
 5           general fund appropriation and per pupil expenditure
 
 6           for the previous year; provided that the legislative
 
 7           auditor shall take into consideration any changes to
 
 8           the department's budget by the legislature and any
 
 9           collective bargaining negotiated amounts;
 
10 and provided further that the allocation for self-contained
 
11 special education students and for other special education
 
12 students shall be adjusted appropriately to reflect the
 
13 additional expenses incurred for the students in these programs.
 
14      (e)  All federal and other financial support for
 
15 student-centered schools shall be equal to all other public
 
16 schools; provided that if administrative services are provided to
 
17 the school by the department, the school shall reimburse the
 
18 department for the actual costs of the administrative services in
 
19 an amount that does not exceed 6.5 per cent of the school's
 
20 allocation.  Any student-centered school shall be eligible to
 
21 receive any financial grant or award for which any other public
 
22 school may submit a proposal.  All additional funds that are
 
23 generated by the local school board shall be considered
 

 
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 1 supplementary and may be expended at the discretion of the local
 
 2 school board.
 
 3      (f)  Every student-centered school shall conduct
 
 4 self-evaluations annually.  The self-evaluation process shall
 
 5 include but not be limited to the following:
 
 6      (1)  The identification and adoption of benchmarks to
 
 7           measure and evaluate administrative and instructional
 
 8           programs as provided in this section;
 
 9      (2)  The identification of any administrative and legal
 
10           barriers to meeting the benchmarks, as adopted, and
 
11           recommendations for improvements and modifications to
 
12           address the barriers; and
 
13      (3)  The impact upon the students of the student-centered
 
14           school.
 
15 Every student-centered school shall submit a report of its
 
16 self-evaluation to the board of education within sixty days after
 
17 the completion of the school year; provided that the department
 
18 shall have thirty days to respond to any recommendation regarding
 
19 improvements and modifications that would directly impact the
 
20 department.
 
21      The board of education shall evaluate each student-centered
 
22 school four years after its establishment to assure compliance
 
23 with statewide student performance standards, consistent with
 

 
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 1 subsection (a)(3); provided that each student-centered school
 
 2 established prior to July 1, 1998 shall be evaluated four years
 
 3 after July 1, 1998.  Upon a determination by the board of
 
 4 education that student achievement within a student-centered
 
 5 school does not meet the student performance standards, a
 
 6 student-centered school shall be placed on probationary status
 
 7 and shall have two years to bring student performance into
 
 8 compliance with statewide standards.  If a student-centered
 
 9 school fails to meet its probationary requirements, the board of
 
10 education, upon a two-thirds majority vote, may then deny the
 
11 continuation of the student-centered school."]
 
12      SECTION 7.  Section 302A-1123.5, Hawaii Revised Statutes, is
 
13 repealed.
 
14      ["[�302A-1123.5]  Student-centered schools; mandate to
 
15 support.  The department, through the board and its
 
16 superintendent, shall provide information and technical
 
17 assistance upon request necessary to support the establishment
 
18 and expansion of student-centered schools."]
 
19      SECTION 8.  Section 302A-1123.6, Hawaii Revised Statutes, is
 
20 repealed. 
 
21      ["[�302A-1123.6]  Student-centered schools; administrative
 
22 supervision.  Whenever any student-centered school is established
 
23 under section 302A-1123, the following provisions shall apply
 

 
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 1 except as otherwise specifically provided by this chapter:
 
 2      (1)  Following consultation with the student-centered
 
 3           school, the board of education shall represent the
 
 4           student-centered school in communications with the
 
 5           governor and with the legislature;
 
 6      (2)  The financial requirements for state funds of the
 
 7           student-centered school shall be submitted through the
 
 8           board of education and included in the budget for the
 
 9           department;
 
10      (3)  The approval of all policies and rules adopted by the
 
11           student-centered school shall be preceded by an open
 
12           public meeting and shall not be subject to chapter 91;
 
13      (4)  The employment, appointment, promotion, transfer,
 
14           demotion, discharge, and job descriptions of all
 
15           officers and employees of or under the jurisdiction of
 
16           the student-centered school shall be determined by the
 
17           student-centered school and applicable personnel laws
 
18           and collective bargaining agreements;
 
19      (5)  Except as set forth in this section, the board of
 
20           education or the superintendent of education shall not
 
21           have the power to supervise or control the
 
22           student-centered school in the exercise of its
 
23           functions, duties, and powers."] 
 

 
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 1      SECTION 9.  In codifying the new sections added by section 2
 
 2 of this Act, the revisor of statutes shall substitute the
 
 3 appropriate section numbers for the letters used in designating
 
 4 the new sections in this Act.
 
 5      SECTION 10.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 11.  This Act shall take effect upon its approval.
 

 
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