HB872.DOC

SECTION 1. The legislature finds that the public charter school commission is currently the only authorizer of public charter schools in the State and is therefore responsible for overseeing and monitoring all thirty-four of Hawaii's public charter schools. On January 10, 2017, the board of education approved administrative rules addressing multiple charter school authorizers in Hawaii. While the adoption process for those rules requires approval from additional departments, if adopted, the rules will supplement existing laws that allow charter schools to choose to be under the oversight of a different authorizer, instead of the public charter school commission.

The public charter school commission has also expressed a desire to choose which schools it authorizes, which if allowed, would eliminate its status as the State's default authorizer.

The legislature further finds that over the past few years, high quality candidates have expressed interest in becoming authorizers pursuant to section 302D-3, Hawaii Revised Statutes. If approved, these new authorizers should receive funding for their services.

The legislature also finds that best practices of charter school authorizers require that authorizers be subject to the same governance conditions as those imposed on the state-established authorizer.

The purpose of this Act is to:

(1) Require that authorizers be subject to the same general requirements as the state public charter school commission; and

(2) Apportion legislative appropriations for the state public charter school commission to other authorizers based upon the number of students under each entity's authority.

SECTION 2. Section 302D-3, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:

"(j) The commission shall operate with dedicated resources and staff qualified to execute the day-to-day responsibilities of the commission pursuant to this chapter. Beginning with the 2015-2016 fiscal year, the legislature shall make an appropriation to the commission separate from, and in addition to, any appropriation made to charter schools pursuant to sections 302D-28 and 302D-29.5[.]; provided that if the board grants chartering authority to one or more entities pursuant to section 302D-4, funds appropriated to the commission for that purpose shall be apportioned to the commission and each authorizer in proportion to the number of students under the respective entity's authority."

SECTION 3. Section 302D-6, Hawaii Revised Statutes, is amended to read as follows:

"§302D-6 Principles and standards for charter authorizing. (a) All authorizers shall be required to follow nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including:

(1) Organizational capacity and infrastructure;

(2) Soliciting and evaluating charter applications;

(3) Performance contracting;

(4) Ongoing public charter school oversight and evaluation; and

(5) Charter and charter contract renewal decision-making.

(b) All authorizers shall establish a committee that mirrors, as much as possible, the requirements applicable to the commission under section 302D-3, including:

(1) The committee shall be subject to chapter 92;

(2) The mission of the committee shall be the same as the mission of the commission specified in section 302D-3(b);

(3) The committee shall consist of nine members to be appointed by the head of the governing board or the mayor, in the case of a county. The committee shall appoint members who will be tasked with authorizing public charter schools that serve the unique and diverse needs of public charter school students. The chair of the committee shall be designated by the members of the committee for each school year beginning July 1, and whenever there is a vacancy. The head of the governing board or the mayor, in the case of a county, shall consider the combination of abilities, breadth of experiences, and characteristics of the committee, including the diversity of the student population, geographical representation, and a broad representation of education-related stakeholders;

(4) Understanding that the role of the committee is to ensure a long-term strategic vision for Hawaii's public charter schools, each member of the committee shall meet the minimum qualifications as set forth in section 302D-3(d)(1) to (4) and shall ideally meet the qualifications set forth in section 302D-3(e)(1) and (2);

(5) Five members of the committee shall constitute a quorum to conduct business. Any action taken by the committee shall be by a simple majority of the members of the committee who are present; provided that any action of the commission that may be appealed pursuant to section 302D-15 shall require a concurrence of at least five members to be valid;

(6) Committee members shall not serve more than three consecutive three-year terms, with each term beginning on July 1; provided that the initial terms shall be staggered as follows:

(A) Three members, including the chairperson, shall serve three-year terms;

(B) Three members shall serve two-year terms; and

(7) Notwithstanding the terms of the members, the head of the governing board or the mayor, in the case of a county, may fill vacancies in the committee at any time when a vacancy occurs due to resignation, non-participation, the request of a majority of the commission members, or termination by the board for cause.

(c) Authorizers shall carry out all their duties under this chapter in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this chapter. Evidence of material or persistent failure to do so shall constitute grounds for losing charter authorizing powers."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2017.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	872
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII