STAND. COM. REP. NO.2384
RE: S.B. No. 2512
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committees on Education and Labor, to which was referred S.B. No. 2512 entitled:
"A BILL FOR AN ACT RELATING TO CHARTER SCHOOLS,"
beg leave to report as follows:
The purposes of this measure are to:
(1) Change per pupil funding allocation; and
(2) Provide for probationary status, tenure, and seniority comparable to other Department of Education (DOE) teachers.
Your Committees received testimony in favor of this measure from Lanikai School, Waialae New Century Charter School, and 310 individuals. Your Committees received testimony opposing this measure from the Superintendent of Education and Hawaii State Teachers Association. Your Committees received comments from Hawaii Government Employees Association.
Your Committees find that new century charter schools routinely receive as little as half of the per pupil allocations of other public schools. This puts the learners at new century charter schools at a severe disadvantage and sends a powerful and inappropriate message that these learners are second class citizens.
Your Committees further find that it would be unfair and discriminatory to deny to teachers at new century charter schools the same probationary status, tenure, and seniority available to their other colleagues in the DOE. This is especially unfair as teachers at new century charter schools are still bound by collective bargaining agreements.
Your Committees have amended this measure by:
(1) Increasing flexibility by deleting specific references to general funds;
(2) Deleting the provision requiring that per-pupil allocations be set for the upcoming school year by the first day of each fiscal year;
(3) Deleting the provision calling for the allocation for self-contained special education students and for other special education students to be adjusted appropriately to reflect the additional expenses incurred for students in these programs; in favor of language stating that the DOE shall determine and provide the appropriate level of special education staff and services necessary to ensure that the student's educational needs as indicated in the individualized educational plans are met;
(4) Adding a provision allowing the DOE to retain up to 6.5 per cent of federal grants and subsidies for administrative services if such are provided related to the grant and subsidy; and
(5) Adding a timetable requiring the DOE to provide 50 per cent of a new century charter school's per pupil allocation based on the new century charter school's projected student enrollment no later than August 1 of each year; provided that the new century charter school shall submit to the DOE a projected student enrollment no later than May 15 of each year; provided the remaining per pupil allocation of a new century charter school based on the new century charter school's verified student enrollment no later than October 15 of each year; and provided that the new century charter school shall submit to the DOE a verified student enrollment no later than September 15 of each year.
As affirmed by the records of votes of the members of your Committees on Education and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2512, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2512, S.D. 1, and be referred to the Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Education and Labor,
BOB NAKATA, Chair
NORMAN SAKAMOTO, Chair