Report Title:
Charter Schools; School Complex; Nonprofit Organization
Description:
Authorizes all of the public schools within a school complex to convert to new century charter school status under the management and operation of a nonprofit organization under specified conditions.
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THE SENATE |
S.B. NO. |
2103 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. New century charter school managed and operated by nonprofit organization; conversion of school complex. (a) Notwithstanding the limitation on the number of new century charter schools in section 302A-1182(a), Hawaii Revised Statutes, or any other law to the contrary, all of the public schools within an existing school complex may be converted to new century charter schools under the management and operation of a single nonprofit organization upon complying with the requirements of this section.
(b) An entity recognized as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, that seeks to manage and operate an existing school complex as new century charter schools shall:
(1) Submit a letter of intent to the board of education to form the new century charter schools;
(2) Establish a local school board for each school in the complex as the schools' governing body;
(3) Develop a detailed implementation plan pursuant to section 302A-1182(d), Hawaii Revised Statutes; provided that:
(A) The detailed implementation plan shall be approved by sixty per cent of each school's existing administrative, support, and teaching personnel, and parents; and
(B) The school personnel may request their bargaining unit representative to certify and conduct the elections for their respective bargaining units;
(4) Have a minimum of years of experience in the management and operation of public or private schools in Hawaii that accept students in kindergarten through grade twelve;
(5) Accommodate existing public school populations and use existing public school facilities in that school complex, and accept all of the students who live within the geographic attendance area and who seek to attend the new century charter school;
(6) Agree to assume complete responsibility for management, operation, maintenance, and all other aspects of each of the schools in the entire school complex without any additional cost to the State;
(7) Not charge tuition to any student attending any of the schools within the school complex;
(8) Adhere to all applicable federal laws, including those requiring public schools to provide appropriate programs of special education as necessary;
(9) Demonstrate to the satisfaction of the board of education that the nonprofit organization assuming control of the school complex is capable of managing and operating the school complex and has the financial means to achieve the objectives of each new century charter school as outlined in the detailed implementation plan; and
(10) Comply with the requirements of section 302A-1184, Hawaii Revised Statutes, and all other applicable provisions of chapter 302A, Hawaii Revised Statutes.
(c) As used in this section, the terms "new century charter schools", "public schools", and "school complex" have the same meanings as defined in section 302A-101, Hawaii Revised Statutes.
(d) If any public school requires closure as a result of the implementation of this section, the board of education shall:
(1) Close any such school following the close of the academic year and reassign the school's personnel to other schools within the departmental school district, on the island, or within the State in time for the start of the next academic year;
(2) Grant unpaid leaves of absence to enable tenured school personnel to work at private schools; provided that any teacher, educational officer, or other employee granted such a leave of absence shall:
(A) Be guaranteed a return to the teacher's, educational officer's, or employee's position, or an equivalent position within the department of education, at the expiration or termination of the leave; and
(B) Continue to accrue service credits toward retirement and sick leave at the same rates as teachers, educational officers, and other employees within the department until the expiration or termination of the leave; and
(3) Monitor and evaluate all other public schools that may require closure as a result of the implementation of this section.
(e) This section shall control in the event of a conflict between this section and:
(1) Chapter 88, 89, or 302A, Hawaii Revised Statutes; or
(2) Collective bargaining agreements between the board of education or the State and the exclusive bargaining representatives for teachers, educational officers, and other employees within the department.
(f) The board of education shall formulate policies and, as necessary, adopt rules in accordance with chapter 91, Hawaii Revised Statutes, before the start of the 2003-2004 academic year, as may be necessary to carry out the purposes of this section.
(g) The conversion of public schools to new century charter schools pursuant to this Act shall not become effective before July 1, 2003.
SECTION 2. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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