Report Title:

Charter schools; private management

 

Description:

Allows charter schools to be managed by for-profit organizations.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1632

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to charter schools.

 

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

SECTION 1. The legislature finds that it adopts a policy of growth for charter schools in the public school system. To encourage this growth, this Act allows charter schools to be managed or operated by for-profit organizations.

SECTION 2. Section 302A-1182, Hawaii Revised Statutes, is amended to read as follows:

"302A-1182 New century charter schools; establishment. (a) Up to a total of twenty-five schools may be established as new century charter schools. These new century charter schools may be established by:

(1) The creation of a new school pursuant to section 302A-1183;

(2) An existing public school pursuant to subsection (b); or

(3) The creation of a new school, comprising programs or sections of existing public school populations and using existing public school facilities pursuant to section 302A-1183.

(b) Any public school or schools may form a new century charter school by establishing a local school board as its governing body composed of, at a minimum, one representative from each of the following participant groups:

(1) Principals;

(2) Instructional staff members selected by the school instructional staff;

(3) Support staff selected by the support staff of the school;

(4) Parents of students attending the school selected by the parents of the school;

(5) Student body representatives selected by the students of the school; and

(6) The community at-large.

(c) The local school board shall formulate and develop a detailed implementation plan, which shall include but not be limited to the following:

(1) A description of the administrative and educational framework, and which provides for the basic protection of employees and their reasonable academic freedoms;

(2) A plan for identifying, recruiting, and selecting students to make certain that student participation is not exclusive, elitist, or segregationalist;

(3) A plan for a comprehensive assessment and accountability system that meets or exceeds the established state educational content and performance standards as well as any other specific student outcomes to be achieved, and making this plan accountable to the general public;

(4) The curriculum, instructional framework, and assessment mechanisms to be used to achieve student outcomes;

(5) A plan to hold the school, its faculty, and staff (collectively and individually) accountable in at least an equivalent manner as are other public schools throughout the State;

(6) A governance structure of the school;

(7) A facilities management plan that is consistent with the state facilities plan; provided that if the facilities management plan includes use of existing school facilities, the new century charter school shall receive authorization from the administrator responsible for the facilities; provided further that the final determination of use shall be under the discretion of the board; and

(8) A system of financial accountability that includes annual financial and program audits.

The detailed implementation plan shall be approved by sixty per cent of the school's existing administrative, support, and teaching personnel, and parents; provided that the school personnel may request their bargaining unit representative to certify and conduct the elections for their respective bargaining units. Once approved, the detailed implementation plan shall be submitted to the board for review.

(d) The board shall have sixty days to review the completed implementation plan for the proposed new century charter school to assure its compliance with subsection (c) and section 302A-1184. Unless the board finds that the plan conflicts with subsection (c) or section 302A-1184, the governor, the superintendent, and the board shall issue a charter designating the proposed new century charter school as a new century charter school within thirty days, and the proposed implementation plan shall be converted to a written performance contract between the school and the board. If, within thirty days after the submission of the plan, the board finds a conflict with subsection (c) or section 302A-1184, it shall notify the local school board of the finding in writing to enable the local school board to appropriately amend the plan to resolve the conflict.

(e) The new century charter schools shall not charge tuition. The State shall afford the local school board of any new century charter school the same protections as the State affords to the board.

(f) The new century charter schools may be managed or operated by for-profit organizations."

SECTION 3. Section 302A-1183, Hawaii Revised Statutes, is amended to read as follows:

"302A-1183 New century charter schools; request for establishment and designation. (a) As an alternative to section 302A-1182(b), any community, group of teachers, or any program within an existing school may submit a letter of intent to the board for the establishment of a new century charter school.

(b) The authors of the letter of intent shall then develop a detailed implementation plan, pursuant to section 302A-1182(c); provided that the plan shall also include the appointment of an interim school board, address issues of personnel management, and align any funding for the design and construction costs of building or renovating the new century charter school with the state facilities plan. The superintendent shall provide support and guidance to the community in formulating a detailed implementation plan which is compliant with sections 302A-1182(c) and 302A-1184. Once completed, the detailed implementation plan shall be submitted to the board for review.

(c) The board shall have sixty days to review the completed implementation plan for the proposed new century charter school to ensure its compliance with sections 302A-1182(c) and 302A-1184. Unless the board finds that the plan conflicts with section 302A-1182(c) or 302A-1184, the governor, the superintendent, and the board shall issue a charter designating the proposed new century charter school as a new century charter school within sixty days, and the proposed implementation plan shall be converted into a written performance contract between the school and the board. The interim local school board shall establish the local school board pursuant to section 302A-1182(b) no later than ninety days after the governor, the superintendent, and the board have designated the school a new century charter school by charter. If, within sixty days after the submission of the plan, the board finds a conflict with section 302A-1182(c) or 302A-1184, it shall notify the authors of the letter of intent of the finding in writing to enable the authors of the letter of intent to appropriately amend the plan to resolve the conflict.

(d) New century charter schools may be managed or operated by for-profit organizations."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

 

 

INTRODUCED BY:

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