HCR166

WHEREAS, charter schools were created as catalysts of change and to offer more choices in education for Hawaii's unique communities; and

WHEREAS, the Legislature passed Act 62, Session Laws of Hawaii 1999, which increased flexibility and autonomy at the school level by allowing existing public schools and new schools to be designated as new century charter schools; and

WHEREAS, 2024 marks the 25th anniversary of Act 62, Session Laws of Hawaii 1999, which paved the way for the establishment of charter schools in the State; and

WHEREAS, existing state law allows the State Public Charter School Commission (Commission) to adopt rules to administer and implement state laws regarding public charter schools; and

WHEREAS, existing state law requires the Commission to negotiate and execute sound charter contracts with each approved charter applicant and with existing public charter schools; and

WHEREAS, although existing state law provides the Board of Education with the power to decide appeals of decisions by the Commission to deny the approval of a charter application, deny renewal of a charter contract, or revoke a charter school's charter contract, there is no appeals process for a complaint regarding unfair negotiating practices by the Commission; and

WHEREAS, in Honolulu Civil Beat's article, Hawaii Charter Schools Say Test Scores Don’t Tell The Whole Story, the 2023 Interim Executive Director of the Commission stated that "the Commission...has the responsibility of holding charter schools accountable to their governing contracts," however, "[i]n a 2021 review, the Board of Education called on commissioners to provide more clarity about their expectations for schools’ academic performances"; and

WHEREAS, according to the Honolulu Civil Beat article, Charter School Oversight Is Still A Source of Contention In Hawaii, behind the scenes, many charter schools continue to have a contentious relationship with the Commission, and charter schools and advocacy organizations believe that the Commission's control over the budget of charter schools and the Commission's lack of willingness to negotiate backs charter schools into a corner; and

WHEREAS, additionally, the Honolulu Civil Beat article includes a statement from one charter school director that "the rigidity of the Commission's current contract also stifles innovation by requiring 37 unique schools to sign a one-size-fits-all contract and discouraging negotiation"; and

WHEREAS, the Honolulu Civil Beat article also discussed a note by a Deputy Attorney General for Hawaii Public Charter Schools that "[one] contract states that the commission is not required to allow a school to remedy a problem before revoking its charter...[and] appeared to violate charter schools' right to due process"; and

WHEREAS, given the significant milestone of the 30th anniversary since the first public charter school law was passed, it is long overdue for charter schools to be provided a more defined system of negotiating with the Commission; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the Senate concurring, that the State Public Charter School Commission is urged to work with the Board of Education, public charter schools, and advocacy organizations, including the Hawaii Public Charter Schools Network, to develop and adopt administrative rules, including rules governing negotiations between the Commission and public charter schools; and

BE IT FURTHER RESOLVED that in developing the administrative rules, the Public Charter School Commission consider:

(1) Providing more clarity about the Commission's expectations for a public charter school's academic performance;

(2) Providing clarity on how the evaluation of academic and other standards will affect funding decisions;

(3) All factors on how funding allocations will be decided;

(4) How communication and the exchange of proposals in the negotiating process will be carried out;

(5) The extent to which the Commission shall adhere to the data, arguments, and proposals presented by public charter schools; and

(6) Providing an appeals process before the Board of Education for addressing complaints regarding the Commission's execution of administrative rules, including rules governing negotiations; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Education; Executive Director of the State Public Charter School Commission; and Chair of the Board of Directors of the Hawaii Public Charter Schools Network.

OFFERED BY:

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Report Title:

State Public Charter School Commission; Administrative Rules; Negotiations

HOUSE OF REPRESENTATIVES	H.C.R. NO.	166
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII