Report Title:

New Century Charter Schools

Description:

Reduces from 25 to 23 the number of new centuty charter schools which may be established pursuant to law. Allows BOE to place a charter school on probation under certain conditions. (SB2036 HD2)

HOUSE OF REPRESENTATIVES

S.B. NO.

2036

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

H.D. 2


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. Section 302A-1182, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Up to a total of [twenty-five] twenty-three 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 subsection (c);

(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 subsection (c)."

SECTION 2. Section 302A-1186, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The board shall initiate an independent evaluation of each new century charter school annually for the first two years after its establishment and every four years thereafter to assure compliance with applicable state laws, applicable board of education policies, statewide student content and performance standards, and fiscal accountability requirements; provided that each new century charter school established prior to July 1, 1998, shall be evaluated four years after July 1, 1998, and every four years thereafter. [Upon a determination by the board that student] The board of education shall place a new century charter school on probation under any of the following conditions:

(1) The school violates applicable state laws;

(2) The school fails to adhere to applicable board of education policies;

(3) Student achievement [within a new century charter school] does not meet [the] statewide student performance standards[,];

(4) The school has incurred a spending deficit; or [that the]

(5) The new century charter school is not in other ways fiscally responsible[,

a new century charter school shall be placed on probationary status and shall have one year to bring student performance into compliance with statewide standards and improve the school's fiscal accountability. If a new century charter school fails to meet its probationary requirements, or fails to comply with any of the requirements of this section, the board, upon a two-thirds majority vote, may then deny the continuation of the new century charter school].

In placing a new century charter school on probationary status, the board of education may require the school to take any corrective action, including adopting a repayment schedule if the school has incurred a spending deficit. The school shall submit a corrective action plan to the board of education within thirty days of being notified of any corrective action to be taken. Within thirty days of receiving the plan, the board shall review the plan and may accept the plan and extend the school's probationary period for up to one year. The board of education may, upon a two-thirds majority vote, immediately revoke the school's charter if:

(1) The board determines that the corrective action plan is unsatisfactory;

(2) The school is unable to repay the department on a schedule determined by the board; or

(3) The school fails to meet any other probationary requirements."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.