302D-1 Definitions. Whenever used in this chapter, unless the context otherwise requires:

"Applicant governing board" means the initial governing board that is:

(1) Established by an eligible group or entity to submit a charter application pursuant to section 302D-13; and

(2) Not subject to section 302D-12.

"Authorizer" means an entity established under this chapter with chartering authority to review charter applications, decide whether to approve or deny charter applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to authorize, renew, deny renewal of, or revoke charter contracts. The term may include the commission when appropriate.

"Board" means the board of education.

"Charter application" means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status.

"Charter contract" or "charter" means a fixed-term, bilateral, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract.

"Charter school" or "public charter school" refers to those public schools and their respective governing boards, as defined in this section, that are holding current charter contracts to operate as charter schools under this chapter, including start-up and conversion charter schools, and that have the flexibility and independent authority to implement alternative frameworks with regard to curriculum, facilities management, instructional approach, virtual education, length of the school day, week, or year, and personnel management.

"Commission" means the state public charter school commission established pursuant to [section] 302D-3 as a statewide authorizer.

"Conversion charter school" means:

(1) Any existing department school that converts to a charter school and is managed and operated in accordance with section 302D-13; or

(2) Any existing department school that converts to a charter school and is managed and operated by a nonprofit organization in accordance with section 302D-13.

"Department" means the department of education.

"Department school" means any school that falls within the definition of "public schools" as defined in section 302A-101 and that is not a charter school.

"Executive director" means the executive director of the state public charter school commission.

"Governing board" means the independent board of a public charter school that is party to the charter contract with the authorizer that:

(1) Is responsible for the financial, organizational, and academic viability of the charter school and implementation of the charter;

(2) Possesses the independent authority to determine the organization and management of the school, the curriculum, and virtual education;

(3) Has the power to negotiate supplemental collective bargaining agreements with exclusive representatives of their employees and is considered the employer of charter school employees for purposes of chapters 76, 78, and 89; and

(4) Ensures compliance with applicable state and federal laws.

"Nonprofit organization" means a private, nonprofit, tax-exempt entity that:

(1) Is recognized as a tax-exempt organization under the Internal Revenue Code; and

(2) Is registered to do business in this State in accordance with chapter 414D.

"Organizational viability" means that a charter school:

(1) Has been duly constituted and operates in accordance with its charter;

(2) Has a governing board established in accordance with law and the charter school's charter;

(3) Employs sufficient faculty and staff to provide the necessary educational program and support services to operate the facility in accordance with its charter;

(4) Maintains accurate and comprehensive records regarding students and employees as determined by its authorizer;

(5) Meets appropriate standards of student achievement as defined by the board pursuant to its duties under article X, section 3, of the Constitution of the State of Hawaii;

(6) Cooperates with board and authorizer requirements in conducting its functions;

(7) Complies with applicable federal, state, and county laws and requirements;

(8) In accordance with authorizer guidelines and procedures, is financially sound and fiscally responsible in its use of public funds, maintains accurate and comprehensive financial records, operates in accordance with generally accepted accounting practices, and maintains a sound financial plan;

(9) Operates within the scope of its charter contract and fulfills obligations and commitments of its charter;

(10) Complies with all health and safety laws and requirements;

(11) Complies with all authorizer directives, policies, and procedures; and

(12) Complies with all board policies deemed applicable to charter schools by the board.

"Pre-opening charter school" means a charter school that has not yet satisfactorily fulfilled the authorizer's pre-opening assurance as required under section 302D-14.5 or has not yet commenced full operations as a charter school during its first full academic year.

"Start-up charter school" means a new charter school established under section 302D-13 that is not a conversion charter school. [L 2012, c 130, pt of 2; am L 2013, c 159, 3; am L 2014, c 99, 3; am L 2015, c 114, 1]



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