Report Title:

New Century Charter Schools; Moratorium

 

Description:

Prohibits the Board of Education from granting charters for new century charter schools until rules and suggestions for statutory changes are developed to ensure the accountability of charter schools. (HB1040 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1040

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EDUCATION.

 

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

SECTION 1. The legislature finds that new century charter schools are an important component of the State's educational reform efforts. Charter schools allow for greater curricular flexibility and encourage community involvement, both of which are important elements of engaging students in learning.

Unfortunately, there have been concerns raised regarding the implementation of charter schools. Prospective charter schools that submit a satisfactory application and implementation plan can only be denied a charter in very limited circumstances. Once a charter school has been issued a charter, oversight is fairly limited, and even a grossly substandard school can only be shut down after six years. Furthermore, the legality and validity of the contracts entered into between the State and charter schools have been questioned by the attorney general, potentially exposing the State to liability risks. There have also been problems reported regarding charter schools existing within other schools including difficulties determining responsibility for utility bills and other matters.

Although charter schools can be a valuable asset to education in Hawaii, the preceding problems must be addressed if charter schools are to operate effectively and safely. Therefore, the purpose of this Act is to prohibit the board of education from granting charters for new century charter schools until rules are established and suggestions for statutory changes are created that address the problems currently facing charter schools.

SECTION 2. Notwithstanding subpart D, part IV, Chapter 302A, Hawaii Revised Statutes, to the contrary, there shall be a moratorium on the issuance of charters by the board of education, the governor, and the superintendent of education for new century charter schools. No charter shall be issued for new century charter schools, including those with applications pending with the board of education. While this moratorium is in effect, the board of education shall develop rules and make suggestions for statutory changes to the new century charter school law to address the following:

(1) A determination of responsibility for oversight of new century charter schools;

(2) The current provisions under which a charter school may not be closed down except after a six-year review and probationary process;

(3) Provisions for assurance of charter schools meeting state content and performance standards;

(4) The legality of contracts between the State and charter schools;

(5) Determination of the fiscal and operational responsibilities of charter schools that share facilities with a regular school; and

(6) Any other issues relating to the operation of or accountability for new century charter schools.

SECTION 3. This Act shall take effect upon its approval and shall be repealed on June 30, 2002.