REPORT TITLE:
Education


DESCRIPTION:
(1)  Provides parents or guardians of a child access to screening
   for their child for psychological and physiological
   development between the child's second and third birthday.
   Requires DOH to plan and develop a screening tool.
(2)  Requires the director of health, with the assistance of the
   superintendent of education, to establish and operate fewer
   than one school-based health center in each of the seven
   department school districts.  
(3)  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.  (SB1501 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1501
THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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

 1                              PART I
 
 2      SECTION 1.  The legislature finds that recent research has
 
 3 demonstrated that the early years of a child are most crucial in
 
 4 a child's cognitive, emotional, social, and physical development.
 
 5 Neuroscience research in early brain development as well as
 
 6 studies in early child development affirm not only the tremendous
 
 7 opportunities for prevention work with children and families, but
 
 8 also the predictable, costly consequences of not doing so.  For
 
 9 every $1 invested in early childhood education and care and early
 
10 intervention services for children birth to five years of age, it
 
11 is estimated that $7 in later remediation and special education
 
12 services may be saved.
 
13      The legislature further finds that early screening,
 
14 identification, and intervention for developmental delays and
 
15 psychosocial problems improve children's outcomes, and have a
 
16 critical influence on school success and family functioning.  The
 
17 departments of health, education, and human services currently
 
18 provide community health services and education for screening and
 
19 assessment.  However, current resources are inadequate to make
 
20 these services available to all parents and some parents are
 

 
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 1 unaware of or do not take advantage of these services.  As a
 
 2 result, their children may miss proper screening, evaluation and,
 
 3 if needed, referrals and treatment.
 
 4      The purpose of this part is to provide a means for early
 
 5 childhood screening before a child reaches the age of three.
 
 6      SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended
 
 7 by adding a new section to be appropriately designated and to
 
 8 read as follows:
 
 9      "§321-     Early childhood screenings.  (a)  Between the
 
10 second and third anniversary of the child's birth, the parents or
 
11 guardians of the child may have access to have the child screened
 
12 for psychological and cognitive, language, motor, and behavioral
 
13 or social-emotional development.  Screening and certification of
 
14 screening may be provided by:
 
15      (1)  The child's pediatrician;
 
16      (2)  Any primary health care provider;
 
17      (3)  The department of health; or
 
18      (4)  The department of education.
 
19      (b)  As part of the screening and certification process
 
20 authorized by subsection (a), the department of health, the
 
21 department of education, the child's physician, or primary
 
22 healthcare provider may:
 

 
 
 
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 1      (1)  Provide information and referrals of programs and
 
 2           services to help remediate any developmental problems
 
 3           revealed by the screening;
 
 4      (2)  Inform all parents and guardians of their
 
 5           responsibilities with respect to ensuring that their
 
 6           child's psychological and physiological development is
 
 7           progressing satisfactorily;
 
 8      (3)  Provide assistance and advice to parents and guardians
 
 9           in meeting those responsibilities;
 
10      (4)  Provide additional screenings, assessments, or
 
11           referrals as deemed necessary; and
 
12      (5)  Use a standardized screening instrument and referral
 
13           protocol as jointly developed by the departments of
 
14           health, education, and human services, the University
 
15           of Hawaii, and the American Academy of Pediatrics."
 
16      SECTION 3.  (a)  The department of health, in conjunction
 
17 with the departments of education and human services, the
 
18 University of Hawaii, and the American Academy of Pediatrics,
 
19 shall plan and develop:
 
20      (1)  Standardized screening for the psychological and
 
21           physiological development of a child between two and
 
22           three years of age, which includes but is not limited
 
23           to:
 

 
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 1           (A)  Cognitive development;
 
 2           (B)  Language development;
 
 3           (C)  Motor development; and
 
 4           (D)  Behavioral or social-emotional development;
 
 5      (2)  Access to screening by a pediatrician or primary care
 
 6           physician or other health care of child development
 
 7           professional approved by the department of health;
 
 8      (3)  Means to certify that a child has been screened by the
 
 9           child's third birthday; and
 
10      (4)  A plan that includes benchmarking and time limits to
 
11           achieve universal screening, including identification
 
12           of populations most "at risk" to be targeted initially.
 
13      (b)  The standardized screening and referral protocol shall
 
14 be developed by June 30, 2000.
 
15      SECTION 4.  There is appropriated out of the general
 
16 revenues of the State of Hawaii the sum of $      or so much
 
17 thereof as may be necessary for fiscal year 1999-2000 to develop
 
18 the standardized screening and referral protocol provided for in
 
19 this part.
 
20      The sum appropriated shall be expended by the department of
 
21 health for the purposes of this part.
 
22                              PART II
 
23      SECTION 5.  Children require access to health care to
 
24 maintain good health.  When they become sick or are injured, most
 

 
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 1 children have access to a health care professional.  However, too
 
 2 many children in the United States, particularly those from poor
 
 3 families, are at risk for multiple health problems.  Poor
 
 4 children may experience two to three times the usual incidence
 
 5 for certain medical conditions, many of which are preventable.
 
 6 The most common health problems affecting children today include
 
 7 injuries, chronic illnesses such as asthma, and mental health
 
 8 problems.  In addition, children are now engaging more frequently
 
 9 in risky behaviors that may lead to health problems, including
 
10 smoking, binge drinking, and unsafe sex.
 
11      The number of children at risk for poor health has increased
 
12 as children have lost access to care because their parents have
 
13 lost their health insurance.  Currently, about sixteen per cent,
 
14 or eleven million, of America's children are uninsured.  Even for
 
15 children who do have health insurance, barriers to health care
 
16 exist.  For example, parents may be unable to miss work to take
 
17 their child to see a doctor.  In many low-income communities,
 
18 health care facilities are few and often inadequate.
 
19      The purpose of this part is to provide adolescents with
 
20 access to quality, affordable health care in an environment that
 
21 is familiar, nonthreatening and encouraging through school-based
 
22 health centers.  These centers would also provide access to
 
23 mental health services in a nonthreatening and non-stigmatizing
 

 
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 1 place, since services would be provided as part of a broad array
 
 2 of services.  The school-based health centers can play a
 
 3 strategic role in the delivery of school-based mental health
 
 4 assessments, intake, referrals, and services as required by the
 
 5 Felix v.Cayetano consent decree.
 
 6      SECTION 6.  Definitions.  As used in this part, unless the
 
 7 context otherwise requires:
 
 8      "Parent" includes a parent, custodian, or guardian.
 
 9      "Records" include the results of laboratory screenings and
 
10 tests.
 
11      "Student" means a person enrolled at a public high school.
 
12      SECTION 7.  School-based health centers; establishment.  (a)
 
13 The director of health, with the assistance of the superintendent
 
14 of education, shall establish and operate no fewer than one
 
15 school-based health center in each of the seven departmental
 
16 school districts established in section 13-1(d), Hawaii Revised
 
17 Statutes.
 
18      (b)  The provision of the following types of basic health
 
19 services to eligible students shall be considered for each
 
20 center:
 
21      (1)  Mental health screening, counseling, and referrals;
 
22      (2)  Physical examinations for athletic activities;
 

 
 
 
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 1      (3)  Immunization for such diseases as mumps, measles,
 
 2           rubella, diphtheria, and polio;
 
 3      (4)  Nutrition counseling;
 
 4      (5)  Family counseling;
 
 5      (6)  Substance abuse counseling; and
 
 6      (7)  Individual counseling about sexuality;
 
 7      (c)  The following types of referrals shall be considered
 
 8 for each center:
 
 9      (1)  Laboratory screening, including throat cultures,
 
10           mononucleosis, diabetes, urinalysis, hematocrit, Pap
 
11           smears, and sickle cell anemia;
 
12      (2)  Sexually transmitted disease testing;
 
13      (3)  Pregnancy testing; and
 
14      (4)  Prenatal care.
 
15      (d)  Referrals, when necessary and appropriate, to a primary
 
16 care physician and other health and social agencies for
 
17 appropriate services and care shall be considered for each
 
18 center.
 
19      (e)  Nothing in this section shall be construed to limit the
 
20 types of health services that may be provided by a center, except
 
21 that the performance of abortions at a center and the referral of
 
22 students to abortion services by center personnel shall be
 
23 expressly prohibited.
 

 
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 1      (f)  Prior to the establishment and operation of a center,
 
 2 the principal of the school and the school/community-based
 
 3 management council, in consultation with at least one health care
 
 4 professional, shall make policy decisions related to the
 
 5 operation of the center and determine the services to be offered
 
 6 by the center.  
 
 7      SECTION 8.  Eligibility; consent of parent required;
 
 8 exceptions.  (a)  Except as provided by section 577A-2, Hawaii
 
 9 Revised Statutes, no student shall be eligible to receive
 
10 services unless the center receives a consent form signed by the
 
11 student and the student's parent.
 
12      (b)  Notwithstanding subsection (a), a student who has
 
13 reached the age of majority shall not be required to obtain the
 
14 permission of a parent to be eligible to receive services.
 
15      SECTION 9.  Provision of health services; ability to pay.
 
16 (a)  The director of health, with the assistance of the director
 
17 of human services, shall seek as many possibilities of
 
18 reimbursement as practicable, including federal or private
 
19 foundation funds, for all services provided by a center.
 
20      (b)  Notwithstanding subsection (a), no eligible student
 
21 shall be denied the right to receive requested services for lack
 
22 of ability to pay for these services.
 

 
 
 
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 1      SECTION 10.  Confidentiality of records.  Except as
 
 2 otherwise provided by law, all student medical records shall be
 
 3 considered confidential information when approved by the
 
 4 student's parent.
 
 5      SECTION 11.  Financial responsibility.  If a student
 
 6 receives services for the diagnosis, examination, or
 
 7 administration of medication in the treatment of venereal
 
 8 diseases, pregnancy, or family planning services without the
 
 9 consent of a parent, then the parent of the student shall not be
 
10 liable for the legal obligations resulting from the furnishing of
 
11 these services by a center.  A student who receives these
 
12 services from a center shall assume financial responsibility for
 
13 the cost of the services.  Notwithstanding any other law to the
 
14 contrary, no spouse or parent whose consent has not been obtained
 
15 for these services shall be liable for the cost of services
 
16 incurred by the student.
 
17      SECTION 12.  Limitation of actions.  Notwithstanding any
 
18 other law to the contrary, any action to recover any debt founded
 
19 upon any contract, obligation, or liability made or incurred
 
20 pursuant to this part shall not commence until a student has
 
21 reached the age of majority; provided that the action shall
 
22 commence not more than two years after the date a student reaches
 
23 the age of majority.
 

 
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 1      SECTION 13.  Personnel.  The director of health may employ
 
 2 without regard to chapters 76 and 77 physicians, nurse-
 
 3 practitioners, nurses, counselors, social workers, and all other
 
 4 persons that the director of health deems necessary or desirable
 
 5 to implement this part.
 
 6      SECTION 14.  Reports to the legislature.  The director of
 
 7 health shall report to the legislature on the experience of each
 
 8 school-based health center not less than thirty days prior to the
 
 9 convening of each regular session.  The report shall include:
 
10      (1)  The number of students served and the types of health
 
11           services provided;
 
12      (2)  The operating cost, including income collected through
 
13           fees, monetary donations, private grants, and in-kind
 
14           services;
 
15      (3)  Quantifiable changes in high-risk behaviors among
 
16           students receiving services through the center;
 
17      (4)  Recommended changes to improve the center; and
 
18      (5)  Any other information that the department of health may
 
19           determine to be necessary to assist the legislature in
 
20           evaluating the efficacy, cost-effectiveness, and
 
21           intangible merits of the center.
 
22      SECTION 15.  There is appropriated out of the general
 
23 revenues of the State of Hawaii the sum of $     or so much
 

 
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 1 thereof as may be necessary for fiscal year 1999-2000 and the
 
 2 same sum or so much thereof as may be necessary for fiscal year
 
 3 2000-2001 for school-based health centers, including the hiring
 
 4 of necessary staff.
 
 5      The sums appropriated shall be expended by the department of
 
 6 health for the purposes of this part.
 
 7      SECTION 16.  There is appropriated out of the general
 
 8 revenues of the State of Hawaii the sum of $    or so much
 
 9 thereof as may be necessary for fiscal year 1999-2000 and the
 
10 same sum or so much thereof as may be necessary for fiscal year
 
11 2000-2001 for school-based health centers.
 
12      The sums appropriated shall be expended by the department of
 
13 education for the purposes of this part.
 
14                             PART III
 
15      SECTION 17.  The legislature finds that as long as a public
 
16 school complies with the requirements that it be free to all
 
17 attending students, that its admissions policies be
 
18 nondiscriminatory, and that it comply with statewide performance
 
19 standards, a school should otherwise be free from statutory and
 
20 regulatory requirements that tend to inhibit or restrict a
 
21 school's ability to make decisions relating to the provision of
 
22 educational services to the students attending the school.
 

 
 
 
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 1      To nurture the ideal of more autonomous and flexible
 
 2 decision-making at the school level, the legislature supports the
 
 3 concept of new century charter schools.  The legislature finds
 
 4 that this concept defines a new approach to education -- one that
 
 5 is free of bureaucratic red tape and accommodating of the
 
 6 individual needs of students -- and will allow the State to
 
 7 dramatically improve its educational standards for the twenty-
 
 8 first century.  Both existing public schools and new schools may
 
 9 be established as new century charter schools, and these schools
 
10 will allow educators to better tailor the curriculum to enhance
 
11 the learning of the students.  
 
12      The purpose of this part is to increase the flexibility and
 
13 autonomy at the school level by allowing existing public schools
 
14 and new schools to be designated as new century charter schools.
 
15 These new century charter schools shall have a local school board
 
16 as a governing body, and shall operate independent educational
 
17 programs from those provided by the department of education
 
18 statewide.
 
19      SECTION 18.  Chapter 302A, Hawaii Revised Statutes, is
 
20 amended by adding a new part to be appropriately designated and
 
21 to read as follows:
 

 
 
 
 
 
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 1              "PART .  NEW CENTURY CHARTER SCHOOLS
 
 2      §302A-A   New century charter schools.  All schools
 
 3 previously designated as student-centered schools shall be
 
 4 designated as new century charter schools.
 
 5      §302A-B   New century schools; establishment.  (a)  Up to a
 
 6 total of twenty-five schools may be established as new century
 
 7 schools.  These new century schools may be established by:
 
 8      (1)  The creation of a new school by the board of education,
 
 9           pursuant to 302A-C;
 
10      (2)  An existing public school pursuant to subsection (b);
 
11           or
 
12      (3)  The creation of a new school, comprised of programs or
 
13           sections of existing public school populations and
 
14           using existing public school facilities pursuant to
 
15           section 302A-C.
 
16      (b)  Any public school or schools may form a new century
 
17 charter school by establishing a local school board as its
 
18 governing body composed of, at a minimum, one representative from
 
19 each of the following participant groups:
 
20      (1)  Principals;
 
21      (2)  Instructional staff members selected by the school
 
22           instructional staff;
 

 
 
 
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 1      (3)  Support staff selected by the support staff of the
 
 2           school;
 
 3      (4)  Parents of students attending the school selected by
 
 4           the parents of the school;
 
 5      (5)  Student body representatives selected by the students
 
 6           of the school; and
 
 7      (6)  The community at-large.
 
 8      (c)  The local school board shall formulate and develop a
 
 9 detailed implementation plan, which shall include but not be
 
10 limited to the following:
 
11      (1)  A description of the administrative and educational
 
12           framework, and which provides for the basic protection
 
13           of employees and their reasonable academic freedoms;
 
14      (2)  A plan for identifying, recruiting, and selecting
 
15           students to make certain that student participation is
 
16           not exclusive, elitist, or segregationalist;
 
17      (3)  A plan for assessing student performance equal to those
 
18           employed throughout the State which focuses upon the
 
19           established state educational performance standards,
 
20           the rigor of standards, and technical validity, as well
 
21           as any other specific student outcomes to be achieved,
 
22           and making this plan accountable to the general public;
 

 
 
 
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 1      (4)  The curriculum, instructional framework, and assessment
 
 2           mechanisms to be used to achieve student outcomes;
 
 3      (5)  A plan to hold the school, its faculty, and staff
 
 4           (collectively and individually) accountable in the same
 
 5           or an equivalent manner as are other public schools
 
 6           throughout the State;
 
 7      (6)  A governance structure of the school;
 
 8      (7)  A facilities management plan which is consistent with
 
 9           the state facilities plan; and
 
10      (8)  Annual financial and program audits.
 
11      The detailed implementation plan shall be approved by sixty
 
12 per cent of the school's existing administrative, support, and
 
13 teaching personnel, and parents; provided that the school
 
14 personnel may request their bargaining unit representative to
 
15 certify and conduct the elections for their respective bargaining
 
16 units.  Once approved, the detailed implementation plan shall be
 
17 submitted to the board of education for review.
 
18      (d)  The board of education shall review the proposed new
 
19 century charter school plan to assure that it complies with
 
20 subsection (c) and section 302A-D.  Unless the board of education
 
21 finds that the plan conflicts with subsection (c) or section
 
22 302A-D, the plan shall be converted to a written performance
 
23 contract between the school and the board.  If the board finds a
 

 
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 1 conflict with subsection (c) or section 302A-D, it shall notify
 
 2 the local school board of the finding in writing to enable the
 
 3 local school board to appropriately amend the plan to resolve the
 
 4 conflict.
 
 5      (e)  The new century charter schools shall not charge
 
 6 tuition.  The State shall afford the local school board of any
 
 7 new century charter school the same protections as the State
 
 8 affords to the state board of education.
 
 9      §302A-C   New century schools; request for establishment and
 
10 designation.(a)  As an alternative to section 302A-B(b), any
 
11 community or any program within an existing school may submit a
 
12 letter of intent to the superintendent for the establishment of a
 
13 new century school.
 
14      (b)  The authors of the letter of intent shall then develop
 
15 an implementation plan, which would include the appointment an
 
16 interim school board, pursuant to section 302A-B(c); provided
 
17 that the plan shall also address issues of personnel management,
 
18 and any funding for the design and construction costs of building
 
19 or renovating the new century school shall be consistent with the
 
20 state facilities plan.  The superintendent shall provide support
 
21 and guidance to the community in formulating an implementation
 
22 plan which is compliant with sections 302A-B(c) and 302A-D. 
 

 
 
 
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 1      (c)  The board of education shall review the completed
 
 2 implementation plan for the proposed new century school to ensure
 
 3 its compliance with sections 302A-B(c) and 302A-D.  Unless the
 
 4 board finds that the plan conflicts with section 302A-B(c) or
 
 5 302A-D, the board shall designate the proposed new century
 
 6 charter school as a new century charter school.  The interim
 
 7 local school board shall establish the local school board
 
 8 pursuant to section 302A-B(b) no later than thirty days after the
 
 9 board designates the new century charter school.  The plan shall
 
10 be converted to a written performance contract, which shall be
 
11 executed by the board and the new century charter school no later
 
12 than sixty days after the submittal of the plan.
 
13      §302A-D  New century charter schools; exemptions.  Schools
 
14 designated as new century charter schools shall be exempt from
 
15 all applicable state laws; except those regarding:
 
16      (1)  Collective bargaining under chapter 89; provided that
 
17           the exclusive representatives defined in chapter 89 may
 
18           enter into agreements that contain cost and noncost
 
19           items to facilitate decentralized decision-making; and
 
20           provided further that the exclusive representatives and
 
21           the local school board of the new century charter
 
22           school may enter into agreements that contain cost and
 
23           noncost items; and provided further that the agreements
 

 
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 1           shall be funded from the current allocation or other
 
 2           sources of revenue received by the new century charter
 
 3           school;
 
 4      (2)  Discriminatory practices under section 378-2, and
 
 5           health and safety requirements.
 
 6 New century charter schools shall be exempt from the state
 
 7 procurement code, but they shall proceed responsibly in procuring
 
 8 goods and services.  They shall account for funds expended for
 
 9 the procurement of goods and services, and this accounting shall
 
10 be available to the public.
 
11      §302A-E  New century charter schools; funding. (a)  New
 
12 century charter schools shall receive an allocation of state
 
13 general funds based upon the operational and educational funding
 
14 requirements of the schools; provided that beginning in fiscal
 
15 year 1999-2000, and every year thereafter, the superintendent
 
16 shall make the allocation based upon the recommendations of a
 
17 panel convened by the superintendent and within thirty days of
 
18 the date of determination of enrollment; provided that small
 
19 schools shall be given a subsidy or small school allotment to
 
20 augment the per pupil allocation given; provided further that the
 
21 superintendent shall take into consideration any changes to the
 
22 department's budget by the legislature and any applicable
 
23 collective bargaining negotiated amounts; and provided further
 

 
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 1 that the allocation for self-contained special education students
 
 2 and for other special education students shall be adjusted
 
 3 appropriately to reflect the additional expenses incurred for the
 
 4 students in these programs.
 
 5      (b)  All federal and other financial support for new century
 
 6 charter schools shall be equal to all other public schools;
 
 7 provided that if administrative services are provided to the
 
 8 school by the department, the school shall reimburse the
 
 9 department for the actual costs of the administrative services in
 
10 an amount that does not exceed six and one-half per cent of the
 
11 school's allocation.  Any new century charter school shall be
 
12 eligible to receive any financial grant or award for which any
 
13 other public school may submit a proposal.  All additional funds
 
14 that are generated by the local school board shall be considered
 
15 supplementary and may be expended at the discretion of the local
 
16 school board.
 
17      §302A-F  New century charter schools; self-evaluation.(a)
 
18 Every new charter century school shall conduct self-evaluations
 
19 annually.  The self-evaluation process shall include but not be
 
20 limited:
 
21      (1)  The identification and adoption of benchmarks to
 
22           measure and evaluate administrative and instructional
 
23           programs as provided in this section;
 

 
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 1      (2)  The identification of any administrative and legal
 
 2           barriers to meeting the benchmarks, as adopted, and
 
 3           recommendations for improvements and modifications to
 
 4           address the barriers; and
 
 5      (3)  The impact upon the students of the student-centered
 
 6           school.
 
 7 Every new century charter school shall submit a report of its
 
 8 self-evaluation to the board of education within sixty days after
 
 9 the completion of the school year; provided that the department
 
10 shall have thirty days to respond to any recommendation regarding
 
11 improvements and modifications that would directly impact the
 
12 department.
 
13      (b)  The board of education shall initiate an independent
 
14 evaluation each new century charter school four years after its
 
15 establishment and every four years thereafter to assure
 
16 compliance with statewide student performance standards; provided
 
17 that each new century charter school established prior to July 1,
 
18 1998, shall be evaluated four years after July 1, 1998, and every
 
19 four years thereafter.  Upon a determination by the board of
 
20 education that student achievement within a new century charter
 
21 school does not meet the student performance standards, a new
 
22 century charter school shall be placed on probationary status and
 
23 shall have two years to bring student performance into compliance
 

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

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

 
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 1      1.  By adding a new definition to be appropriately inserted
 
 2 and to read:
 
 3      ""New century charter schools" means the implementation of
 
 4 alternative frameworks with regard to curriculum, facilities
 
 5 management, instructional approach, length of the school day,
 
 6 week, or year, and personnel management; and may be a new school
 
 7 or include two or more schools acting jointly."
 
 8      2.  By repealing the definition of "student-centered
 
 9 schools":
 
10      [""Student-centered schools" means the implementation of
 
11 alternative frameworks with regard to curriculum; facilities
 
12 management; instructional approach; length of the school day,
 
13 week, or year; and personnel management; and may include two or
 
14 more schools acting jointly."]
 
15      SECTION 20.  Section 302A-1302, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§302A-1302  School-based budget flexibility.  Beginning
 
18 with the 1995-1997 fiscal biennium, the department shall
 
19 implement school-based budget flexibility for schools, complexes,
 
20 and learning support centers.  The flexibility shall be limited
 
21 to the school-based budgeting program EDN 100 of the department
 
22 [for all schools except [student-centered schools] new century
 
23 charter schools defined in section 302A-101; provided that
 

 
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 1 beginning in fiscal year 1998-1999, and every year thereafter,
 
 2 the department shall distribute the full appropriation due to a
 
 3 [student-centered] new century charter school pursuant to section
 
 4 302A-    directly to the [student-centered] new century charter
 
 5 school."
 
 6      SECTION 21.  Section 302A-1123, Hawaii Revised Statutes, is
 
 7 repealed.
 
 8      ["§302A-1123  Student-centered schools; programs and
 
 9 administration.(a)  Any public school, up to a total of
 
10 twenty-five schools, may establish a student-centered school,
 
11 which shall be attached to the board of education for
 
12 administrative purposes only as specified under section
 
13 302A-1123.6; provided that:
 
14      (1)  Any public school that establishes a student-centered
 
15           school shall be exempt from all applicable state laws;
 
16           except those regarding:
 
17           (A)  Collective bargaining under chapter 89; provided
 
18                that the exclusive representatives and the
 
19                employers defined in chapter 89 may enter into
 
20                agreements that contain cost and noncost items to
 
21                facilitate decentralized decision-making; and
 
22                provided further that the exclusive bargaining
 
23                unit representatives and the local school board of
 

 
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 1                the student-centered school may enter into
 
 2                agreements that contain cost and noncost items;
 
 3                and provided further that the agreements shall be
 
 4                funded from the current allocation or other
 
 5                sources of revenue received by the
 
 6                student-centered school; 
 
 7           (B)  State procurement laws; and
 
 8           (C)  Discriminatory practices under section 378-2, and
 
 9                health and safety requirements;
 
10      (2)  The school establishes a local school board as its
 
11           governing body composed of, at a minimum, one
 
12           representative from each of the following participant
 
13           groups:
 
14           (A)  Principals;
 
15           (B)  Instructional staff members selected by the school
 
16                instructional staff;
 
17           (C)  Support staff selected by the support staff of the
 
18                school;
 
19           (D)  Parents of students attending the school selected
 
20                by the parents of the school;
 
21           (E)  Student body representatives selected by the
 
22                students of the school; and
 
23           (F)  The community at-large;
 

 
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 1      (3)  The local school board may formulate school-based
 
 2           educational policy and goals in accordance with
 
 3           statewide educational performance standards, adopt
 
 4           school performance standards and assessment mechanisms,
 
 5           monitor school success, and may select the principal as
 
 6           the chief executive officer of the school in accordance
 
 7           with paragraph (1)(A).  The principal shall consult and
 
 8           work collaboratively with the local school board and
 
 9           have jurisdiction over the internal organization,
 
10           operation, and management of the school;
 
11      (4)  The local school board has developed a detailed
 
12           implementation plan containing the elements prescribed
 
13           under subsection (b) for a student-centered school that
 
14           has been approved by three-fifths of the school's
 
15           administrative, support, and teaching personnel, and
 
16           parents; provided that the school personnel may request
 
17           their bargaining unit representatives to certify and
 
18           conduct the elections for their respective bargaining
 
19           units;
 
20      (5)  The detailed implementation plan has been submitted to
 
21           the board of education for review;
 
22      (6)  The detailed implementation plan assures compliance
 
23           with statewide student performance standards;
 

 
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 1      (7)  No student-centered school shall charge tuition; and
 
 2      (8)  The State shall afford the local school board of any
 
 3           student-centered school the same protections as the
 
 4           State affords to the state board of education.
 
 5      (b)  The detailed implementation plan for the student-
 
 6 centered school shall include but not be limited to the
 
 7 following:
 
 8      (1)  A description of the administrative and educational
 
 9           framework;
 
10      (2)  Specific student outcomes to be achieved;
 
11      (3)  The curriculum, instructional framework, and assessment
 
12           mechanisms to be used to achieve student outcomes;
 
13      (4)  Governance structure of the school;
 
14      (5)  Facilities management plan; and
 
15      (6)  Annual financial and program audits.
 
16      (c)  The board of education shall review the proposed
 
17 student-centered school plan to assure that it complies with
 
18 statewide educational performance standards.  Unless the board of
 
19 education finds that the plan conflicts with statewide
 
20 educational performance standards, the plan shall become
 
21 effective within thirty days after its submission.  If the board
 
22 of education finds a conflict with statewide educational
 
23 performance standards, it shall notify the local school board of
 

 
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 1 the finding in writing to enable the local school board to
 
 2 appropriately amend the plan to resolve the conflict.
 
 3      (d)  Student-centered schools shall receive an allocation of
 
 4 state general funds based upon the operational and educational
 
 5 funding requirements of the schools; provided that:
 
 6      (1)  For fiscal year 1998-1999, the allocation shall be
 
 7           based on a total per pupil expenditure as determined by
 
 8           the legislative auditor; provided that the allocation
 
 9           may be adjusted by the auditor to reflect changes to
 
10           the department's budget in the Supplemental
 
11           Appropriations Act of 1998, Act 116, Session Laws of
 
12           Hawaii 1998, and any appropriation made for collective
 
13           bargaining agreements; and provided further that a
 
14           school may negotiate an adjusted allocation in order to
 
15           have the department of education provide services to
 
16           the school; and
 
17      (2)  Beginning in fiscal year 1999-2000, and every year
 
18           thereafter, the auditor shall determine the appropriate
 
19           allocation based on the total department of education
 
20           general fund appropriation and per pupil expenditure
 
21           for the previous year; provided that the legislative
 
22           auditor shall take into consideration any changes to
 
23           the department's budget by the legislature and any
 
24           collective bargaining negotiated amounts;
 

 
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 1 and provided further that the allocation for self-contained
 
 2 special education students and for other special education
 
 3 students shall be adjusted appropriately to reflect the
 
 4 additional expenses incurred for the students in these programs.
 
 5      (e)  All federal and other financial support for
 
 6 student-centered schools shall be equal to all other public
 
 7 schools; provided that if administrative services are provided to
 
 8 the school by the department, the school shall reimburse the
 
 9 department for the actual costs of the administrative services in
 
10 an amount that does not exceed 6.5 per cent of the school's
 
11 allocation.  Any student-centered school shall be eligible to
 
12 receive any financial grant or award for which any other public
 
13 school may submit a proposal.  All additional funds that are
 
14 generated by the local school board shall be considered
 
15 supplementary and may be expended at the discretion of the local
 
16 school board.
 
17      (f)  Every student-centered school shall conduct
 
18 self-evaluations annually.  The self-evaluation process shall
 
19 include but not be limited to the following:
 
20      (1)  The identification and adoption of benchmarks to
 
21           measure and evaluate administrative and instructional
 
22           programs as provided in this section;
 

 
 
 
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 1      (2)  The identification of any administrative and legal
 
 2           barriers to meeting the benchmarks, as adopted, and
 
 3           recommendations for improvements and modifications to
 
 4           address the barriers; and
 
 5      (3)  The impact upon the students of the student-centered
 
 6           school.
 
 7 Every student-centered school shall submit a report of its
 
 8 self-evaluation to the board of education within sixty days after
 
 9 the completion of the school year; provided that the department
 
10 shall have thirty days to respond to any recommendation regarding
 
11 improvements and modifications that would directly impact the
 
12 department.
 
13      The board of education shall evaluate each student-centered
 
14 school four years after its establishment to assure compliance
 
15 with statewide student performance standards, consistent with
 
16 subsection (a)(3); provided that each student-centered school
 
17 established prior to July 1, 1998 shall be evaluated four years
 
18 after July 1, 1998.  Upon a determination by the board of
 
19 education that student achievement within a student-centered
 
20 school does not meet the student performance standards, a
 
21 student-centered school shall be placed on probationary status
 
22 and shall have two years to bring student performance into
 
23 compliance with statewide standards.  If a student-centered
 

 
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 1 school fails to meet its probationary requirements, the board of
 
 2 education, upon a two-thirds majority vote, may then deny the
 
 3 continuation of the student-centered school."]
 
 4      SECTION 22.  Section 302A-1123.5, Hawaii Revised Statutes,
 
 5 is repealed.
 
 6      ["[§302A-1123.5]  Student-centered schools; mandate to
 
 7 support.  The department, through the board and its
 
 8 superintendent, shall provide information and technical
 
 9 assistance upon request necessary to support the establishment
 
10 and expansion of student-centered schools."]
 
11      SECTION 23.  Section 302A-1123.6, Hawaii Revised Statutes,
 
12 is repealed. 
 
13      ["[§302A-1123.6]  Student-centered schools; administrative
 
14 supervision.  Whenever any student-centered school is established
 
15 under section 302A-1123, the following provisions shall apply
 
16 except as otherwise specifically provided by this chapter:
 
17      (1)  Following consultation with the student-centered
 
18           school, the board of education shall represent the
 
19           student-centered school in communications with the
 
20           governor and with the legislature;
 
21      (2)  The financial requirements for state funds of the
 
22           student-centered school shall be submitted through the
 
23           board of education and included in the budget for the
 
24           department;
 

 
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 1      (3)  The approval of all policies and rules adopted by the
 
 2           student-centered school shall be preceded by an open
 
 3           public meeting and shall not be subject to chapter 91;
 
 4      (4)  The employment, appointment, promotion, transfer,
 
 5           demotion, discharge, and job descriptions of all
 
 6           officers and employees of or under the jurisdiction of
 
 7           the student-centered school shall be determined by the
 
 8           student-centered school and applicable personnel laws
 
 9           and collective bargaining agreements;
 
10      (5)  Except as set forth in this section, the board of
 
11           education or the superintendent of education shall not
 
12           have the power to supervise or control the
 
13           student-centered school in the exercise of its
 
14           functions, duties, and powers."] 
 
15      SECTION 24.  In codifying the new sections added by section
 
16 22 of this part, the revisor of statutes shall substitute the
 
17 appropriate section numbers for the letters used in designating
 
18 the new sections in this part.
 
19                              PART IV
 
20      SECTION 25.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 

 
 
 
 
 
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 1      SECTION 26.  This Act shall take effect upon its approval;
 
 2 provided that:
 
 3      (1)  Sections 4, 15, and 16 shall take effect on July 1,
 
 4           1999; and
 
 5      (2)  Section 2 shall take effect on July 1, 2000.
 
 6