REPORT TITLE:
Education; Charter Schools


DESCRIPTION:
Requires the DOE to enter into agreements with qualified private
nonprofit corporations to construct, manage, and operate a pilot
charter school.  Requires the planning, design, construction, and
equipping of, and the acquisition of lands for, the charter
school to be done at no cost to the State.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1328        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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 public education has
 
 2 been undergoing a transition in recent years, providing for
 
 3 alternative administrative structures, innovative teaching
 
 4 methods based on reliable research, and the use of leading-edge
 
 5 technology and curriculum to meet the needs of diverse
 
 6 populations.  Act 272, Session Laws of Hawaii 1994, established
 
 7 student-centered schools within the public school system to allow
 
 8 individual school communities to implement alternative
 
 9 administrative structures and programs based upon the consensus
 
10 of the school's faculty, parents, and students.  Since the
 
11 passage of this law, two student-centered schools have been
 
12 proposed and established.
 
13      The legislature further finds that along the same continuum
 
14 as student-centered schools are other alternative structures such
 
15 as charter schools.  Charter schools can be established through a
 
16 partnership between the public and private sectors that can
 
17 provide both public and private resources that result in the
 
18 construction of a specially designed facility that will support a
 
19 specialized curriculum and programs.  One such charter school
 

 
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 1 proposal that is presently being developed would establish a high
 
 2 school in Kihei within the Maui departmental school district that
 
 3 would be the complex high school with complete, comprehensive
 
 4 high school curriculum enhanced by computer technology and
 
 5 focusing specifically on high technology curriculum and programs.
 
 6      The purpose of this Act is to provide the authority to
 
 7 establish one pilot charter school organization within the Maui
 
 8 departmental school district, including the use of private
 
 9 nonprofit entities and educational resource partners to
 
10 construct, manage, and operate the charter school.
 
11      SECTION 2.  Charter schools.(a)  The department of
 
12 education, in accordance with section 103D-303, Hawaii Revised
 
13 Statutes, shall enter into agreements with qualified nonprofit
 
14 entities, in conjunction with educational resource partners, to
 
15 construct, manage, and operate one pilot charter school within
 
16 the Maui departmental school district.  The charter school shall
 
17 be attached to the board of education for administrative purposes
 
18 only as specified in section 4.
 
19      (b)  The planning, design, construction, and equipping of,
 
20 and the acquisition of lands for, the charter school shall be
 
21 done at no cost to the State; provided that:
 
22      (1)  The department of education shall enter into a lease
 
23           agreement to secure the long-term use of the charter
 

 
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 1           school's facilities; and
 
 2      (2)  The term of the lease agreement shall be for not less
 
 3           than twelve years.
 
 4      (c)  The charter school shall be exempt from all applicable
 
 5 state laws, except those regarding discriminatory practices under
 
 6 section 378-2, Hawaii Revised Statutes, and health and safety
 
 7 requirements.  Neither chapter 89, Hawaii Revised Statutes; nor
 
 8 chapter 103D, Hawaii Revised Statutes; nor chapter 302A, Hawaii
 
 9 Revised Statutes, shall apply to the charter school, except as
 
10 otherwise provided by this Act.
 
11      It is the intent of this Act not to undermine the collective
 
12 bargaining agreements that are currently in force but to meet or
 
13 exceed them in spirit and to allow for a collaborative
 
14 partnership in framing a contract that will allow for an alliance
 
15 to obtain the greatest opportunities from this unique situation.
 
16      (d)  The charter school may limit admission to students
 
17 within an age group, grade level, or region, such as a high
 
18 school district.
 
19      The charter school shall give first preference for
 
20 enrollment to students who reside in the Kihei and South Maui
 
21 areas of the island.  If the number of applicants physically
 
22 residing outside these areas exceeds the number of available
 
23 openings at the charter school, admission to the charter school
 

 
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 1 shall be by lottery.
 
 2      The charter school may not refuse admission to students who
 
 3 have a specific affinity for the teaching methods or learning
 
 4 philosophy of the charter school, or subjects including
 
 5 mathematics, science, and technology.
 
 6      The charter school may not limit admission to students on
 
 7 the basis of athletic or physical ability, learning or cognitive
 
 8 disabilities, socio-economic status, medical impairments,
 
 9 parental involvement, or academic achievement.
 
10      The charter school may not charge tuition for compulsory-age
 
11 children or charge student fees that would discriminate on the
 
12 basis of socio-economic status.
 
13      (e)  The charter school shall establish a school board as
 
14 its governing body composed of, at a minimum, one representative
 
15 from each of the following participant groups:
 
16      (1)  Instructional staff members selected by the
 
17           instructional staff of the charter school;
 
18      (2)  Support staff selected by the support staff of the
 
19           charter school;
 
20      (3)  Parents of students attending the charter school
 
21           selected by the parents of the charter school; and
 
22      (4)  Student body representatives selected by the students
 
23           of the charter school, who may not vote on matters
 

 
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 1           affecting personnel; and
 
 2      (5)  The board of directors of South Maui Learning Ohana
 
 3           Incorporated, who shall select one person from the
 
 4           general membership of South Maui Learning Ohana to be
 
 5           their representative on the school board;
 
 6 provided that neither the principal nor any vice-principal of the
 
 7 charter school may be a member of the school board; and provided
 
 8 further that parents of students attending the charter school
 
 9 shall constitute a majority of the members of the school board;
 
10 and provided further that the election of the school board shall
 
11 be monitored by the chief elections officer; and provided further
 
12 that no member of the school board may serve concurrently on the
 
13 board of directors of South Maui Learning Ohana Incorporated.
 
14      (f)  The school board of the charter school shall:
 
15      (1)  Formulate school-based educational policies and goals
 
16           in accordance with the statewide student performance
 
17           standards, adopt school performance standards and
 
18           assessment mechanisms, monitor school performance and
 
19           report results to the school community; and
 
20      (2)  Select the principal as the chief educational officer
 
21           of the charter school without regard to chapter 89,
 
22           Hawaii Revised Statutes, notwithstanding section 89-19,
 
23           Hawaii Revised Statutes, to the contrary; provided
 

 
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 1           that:
 
 2           (A)  The initial principal of the charter school shall
 
 3                be selected by the board of directors of South
 
 4                Maui Learning Ohana Incorporated; and may be
 
 5                awarded a contract for services not to exceed five
 
 6                years, subject to acceptable annual performance-
 
 7                based reviews; provided that South Maui Learning
 
 8                Ohana Incorporated shall request input from the
 
 9                appropriate public employees union concerning its
 
10                hiring guidelines, which shall be maintained in
 
11                writing;
 
12           (B)  All subsequent principals of the charter school
 
13                shall be selected by the school board of the
 
14                charter school once the school officially opens;
 
15                and may be awarded a contract for services not to
 
16                exceed five years, subject to acceptable annual
 
17                performance-based reviews; provided that the
 
18                school board shall request input from the
 
19                appropriate public employees union concerning its
 
20                hiring guidelines, which shall be maintained in
 
21                writing;
 
22           (C)  Nothing in this paragraph shall be construed to
 
23                prevent the appointment of a temporary principal,
 

 
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 1                hired on a month-to-month basis, to oversee
 
 2                administrative matters on behalf of the board of
 
 3                directors of South Maui Learning Ohana
 
 4                Incorporated;
 
 5      (g)  The principal of the charter school shall:
 
 6      (1)  Consult and work collaboratively with the school board;
 
 7      (2)  Have jurisdiction over the internal organization,
 
 8           operation, and management of the charter school;
 
 9      (3)  Select the support staff of the charter school without
 
10           regard to chapter 89, Hawaii Revised Statutes,
 
11           notwithstanding section 89-19, Hawaii Revised Statutes,
 
12           to the contrary; provided that the principal shall
 
13           request input from the appropriate public employees
 
14           unions concerning the principal's hiring guidelines,
 
15           which shall be maintained in writing;
 
16           It is the intent of this Act not to undermine the
 
17      collective bargaining agreements that are currently in force
 
18      but to meet or exceed them in spirit and to allow for a
 
19      collaborative partnership in framing a contract that will
 
20      allow for an alliance to obtain the greatest opportunities
 
21      from this unique situation.
 
22      (4)  Select the instructional staff of the charter school
 
23           without regard to chapter 89 and chapter 302A, Hawaii
 

 
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 1           Revised Statutes, notwithstanding section 89-19 and
 
 2           chapter 302A, Hawaii Revised Statutes, to the contrary;
 
 3           provided that:
 
 4           (A)  Not less than eighty per cent of the charter
 
 5                school's instructional staff shall be licensed or
 
 6                credentialed pursuant to chapter 302A, Hawaii
 
 7                Revised Statutes; and
 
 8           (B)  The principal shall request input from the
 
 9                appropriate public employees unions concerning the
 
10                principal's hiring guidelines, which shall be
 
11                maintained in writing; and
 
12      (5)  Be accountable solely to the school board, except on
 
13           account of those matters specifically enumerated in
 
14           subsection (c).
 
15      (h)  If a teacher or educational officer employed by a
 
16 public school makes a written request for an extended leave of
 
17 absence to teach or work at the charter school, the department of
 
18 education may grant the leave subject to sections 302A-614 to
 
19 302A-616, Hawaii Revised Statutes, relating to sabbatical or
 
20 professional leave for educational purposes for teachers and
 
21 educational officers, notwithstanding subsection (c) to the
 
22 contrary.
 
23      (i)  The school board of the charter school shall develop a
 

 
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 1 detailed implementation plan containing the elements prescribed
 
 2 under subsection (j) that has been approved by four-fifths of the
 
 3 support and teaching personnel and parents of the charter school
 
 4 board.
 
 5      (j)  The charter school shall submit a detailed
 
 6 implementation plan to the board of education for review in order
 
 7 to assure compliance with the statewide student performance
 
 8 standards.  The detailed implementation plan shall include the
 
 9 following elements:
 
10      (1)  A description of the administrative and educational
 
11           framework of the charter school;
 
12      (2)  The specific student outcomes as stated in the Hawaii
 
13           content and performance standards;
 
14      (3)  The curriculum and instructional framework to be used
 
15           to achieve student outcomes;
 
16      (4)  The assessment mechanisms to be used to measure and
 
17           document student outcomes;
 
18      (5)  The governance structure of the charter school;
 
19      (6)  A facilities management plan; and
 
20      (7)  The form and content of annual financial and program
 
21           audits.
 
22      (k)  The board of education shall review the charter school
 
23 plan biennially to assure that it complies with the statewide
 

 
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 1 student performance standards.  Unless the board of education
 
 2 finds that the plan conflicts with the statewide student
 
 3 performance standards, the plan shall remain effective for
 
 4 another two years.  If, at any time, the board of education finds
 
 5 a conflict with the statewide student performance standards, the
 
 6 board of education shall notify the school board of the finding
 
 7 in writing to enable the school board to appropriately amend the
 
 8 plan to resolve the conflict.
 
 9      (l)  If administrative, student support, legal, repair and
 
10 maintenance, or other services are provided to the charter school
 
11 by the department of education, the department of health, the
 
12 department of the attorney general, the department of accounting
 
13 and general services, or any other state agency, the charter
 
14 school shall reimburse the state agency for the actual costs of
 
15 the services; provided that the cost of these services shall be
 
16 on a par with the cost to student-centered schools pursuant to
 
17 section 302A-1123, Hawaii Revised Statutes.  The charter school
 
18 shall be eligible to receive any financial grant or award for
 
19 which any other public school may submit a proposal.  All
 
20 additional funds that are generated by the school board of the
 
21 charter school shall be considered supplementary and may be
 
22 expended at the discretion of the school board.
 
23      (m)  The department of education shall require the charter
 

 
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 1 school to conduct a self-evaluation annually.  The self-
 
 2 evaluation process shall include, but not be limited to, the
 
 3 following elements:
 
 4      (1)  The identification and adoption of benchmarks to
 
 5           measure and evaluate administrative and instructional
 
 6           programs;
 
 7      (2)  The identification of any administrative and legal
 
 8           barriers to meeting the benchmarks, as adopted, and
 
 9           recommendations for improvements and modifications to
 
10           address the barriers; and
 
11      (3)  The impact of the charter school on student
 
12           achievement.
 
13      The charter school shall submit a report of its self-
 
14 evaluation to the board of education within sixty days after the
 
15 completion of the school year; provided that the department of
 
16 education shall have thirty days to respond to any recommendation
 
17 regarding improvements and modifications that would directly
 
18 impact the department.
 
19      (n)  The board of education shall evaluate the charter
 
20 school four years after its establishment to assure compliance
 
21 with the statewide student performance standards.  Upon a
 
22 determination by the board of education that student achievement
 
23 within the charter school does not meet the statewide student
 

 
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 1 performance standards, the board of education, upon a unanimous
 
 2 vote of all members to which the board is entitled, may deny the
 
 3 continuation of the charter school.
 
 4      (o)  Moneys allocated to carry out the purposes of this Act
 
 5 may not be reduced or restricted by the board of education except
 
 6 upon the unanimous vote of all members to which the board of
 
 7 education is entitled; provided that:
 
 8      (1)  Nothing in this Act shall be construed to prevent the
 
 9           board of education from increasing funding for the
 
10           charter school by utilizing any other source of state,
 
11           federal, or private funding available to the department
 
12           of education; and
 
13      (2)  All federal and other financial support for the charter
 
14           school shall be at least equal to all other public
 
15           schools, including student-centered schools.
 
16      (p)  The charter school shall receive an allocation of state
 
17 general funds for operational and educational needs that is on
 
18 par with the allocation of state general funds received by
 
19 student-centered schools pursuant to section 302A-1123, Hawaii
 
20 Revised Statutes.  The allocation for self-contained special
 
21 education students and for other special education students shall
 
22 be adjusted appropriately to reflect the additional expenses
 
23 incurred for the students in these programs; provided that
 

 
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 1 allocations for self-contained special education students and for
 
 2 other special education students in the charter school shall be
 
 3 on par with allocations for self-contained special education
 
 4 students and for other special education students in student-
 
 5 centered schools pursuant to section 302A-1123, Hawaii Revised
 
 6 Statutes.
 
 7      (q)  The State shall afford the school board of the charter
 
 8 school the same protections as the State affords to the board of
 
 9 education.
 
10      (r)  For the purposes of this section:
 
11      "Educational resource partner" means mathematics, science,
 
12 and technology-based entities such as the Maui High Performance
 
13 Computing Center, the Pacific International Center for High
 
14 Technology Research, the high technology development corporation,
 
15 and the University of Hawaii.
 
16      "Principal" includes headmaster and chief educational
 
17 officer.
 
18      "Qualified nonprofit entity" means an agency that is
 
19 incorporated in the State of Hawaii under chapter 415B, Hawaii
 
20 Revised Statutes, and that has entered into a written agreement
 
21 with an educational resource partner to construct, manage, and
 
22 operate a charter school.
 
23      SECTION 3.  The department of education, through the board
 

 
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 1 of education and the superintendent of education, shall provide
 
 2 information and technical assistance upon request necessary to
 
 3 support the establishment and expansion of the charter school.
 
 4      SECTION 4.  The following provisions shall apply to the
 
 5 charter school except as otherwise specifically provided in this
 
 6 Act:
 
 7      (1)  Following consultation with the charter school, the
 
 8           board of education shall represent the charter school
 
 9           in communications with the governor and with the
 
10           legislature;
 
11      (2)  The financial requirements for state funds of the
 
12           charter school shall be submitted through the board of
 
13           education and included in the budget for the department
 
14           of education;
 
15      (3)  The approval of all policies and rules adopted by the
 
16           charter school shall be preceded by an open public
 
17           meeting and shall not be subject to chapter 91, Hawaii
 
18           Revised Statutes;
 
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 charter school shall be determined by the charter
 
23           school;
 

 
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 1      (5)  Except as set forth in this section, the board of
 
 2           education or the superintendent of education shall not
 
 3           have the power to supervise or control the charter
 
 4           school in the exercise of its functions, duties, and
 
 5           powers; and
 
 6      (6)  The charter school may accept or reject any charitable
 
 7           gift, grant, device, or bequest; provided that no such
 
 8           gift, grant, device, or bequest shall be accepted if it
 
 9           is subject to any condition that is contrary to law or
 
10           the bylaws of the charter school.  A particular gift,
 
11           grant, device, or bequest shall be considered an asset
 
12           of the charter school to which it is given.
 
13      SECTION 5.  Section 302A-1302, Hawaii Revised Statutes, to
 
14 the contrary notwithstanding, beginning in fiscal year 1999-2000,
 
15 the department of education shall distribute the full
 
16 appropriation due to the charter school pursuant to section 2
 
17 directly to the charter school.
 
18      SECTION 6.  There is appropriated out of the general
 
19 revenues of the State of Hawaii the sum of $        , or so much
 
20 thereof as may be necessary for fiscal year 1999-2000, and the
 
21 sum of $        , or so much thereof as may be necessary for
 
22 fiscal year 2000-2001, to provide a one-time start-up grant to
 
23 South Maui Learning Ohana Incorporated.
 

 
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 1      SECTION 7.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $        , or so much
 
 3 thereof as may be necessary for fiscal year 2000-2001, to provide
 
 4 one-time transitional grants to the Maui departmental school
 
 5 district for each public school student who enrolls in the
 
 6 charter school established under this Act.
 
 7      SECTION 8.  The sums appropriated shall be expended by the
 
 8 department of education for the purposes of this Act.
 
 9      SECTION 9. If any provision of this Act, or the application
 
10 thereof to any person or circumstance is held invalid, the
 
11 invalidity does not affect other provisions or applications of
 
12 the Act which can be given effect without the invalid provision
 
13 or application, and to this end the provisions of this Act are
 
14 severable.
 
15      SECTION 10.  It is the intent of this Act not to jeopardize
 
16 the receipt of any federal aid nor to impair the obligation of
 
17 the State or any agency thereof to the holders of any bond issued
 
18 by the State or by any such agency, and to the extent, and only
 
19 to the extent, necessary to effectuate this intent, the governor
 
20 may modify the strict provisions of this Act, but shall promptly
 
21 report any such modification with reasons therefor to the
 
22 legislature at its next session thereafter for review by the
 
23 legislature.
 

 
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 1      SECTION 11.  This Act shall take effect on July 1, 1999.
 
 2 
 
 3                           INTRODUCED BY:  _______________________