Report Title:

Charter Schools; Hawaii; Authorize

Description:

Establishes the noncontiguous Hawaiian charter school district to be administered by the Hawaiian charter school council. Provides for up to 25 Hawaiian charter schools.

HOUSE OF REPRESENTATIVES

H.B. NO.

1557

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HAWAIIAN EDUCATION.

 

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

SECTION 1. The legislature finds that compared to Hawaii's other ethnic groups, Hawaiians have the worst educational statistics. In each socio-economic setting, Hawaii's native public school students have higher rates of absences, retention at grade level, and dropouts than their non-Hawaiian counterparts. Furthermore, from sixth grade on, Hawaiians far exceed all other major ethnic groups in retention at each grade level. This high level of grade retention among Hawaiian students accounts for the large number of students who reach age eighteen and then drop out without completing school. Standardized achievement tests also consistently show Hawaiian students scoring lower than Hawaii's other major ethnic groups, as well as lower than the national norms.

While Hawaiians are underrepresented in gifted and talented programs and at Hawaii's colleges and universities, Hawaiians are drastically overrepresented among Hawaii's special education population. Approximately thirty-six per cent of all public school students of Hawaiian ancestry are currently classified as being in need of special education. Over half of these special education students are classified as learning disabled or severely emotionally disturbed. Data reflects that most of the latter are students initially labeled learning disabled. They experienced such frustration with school that they ended up as severely emotionally disturbed cases, when the core problem may originally have been the inability to integrate into a system not just different but diametrically opposed to the student's culture, values, traditions, and practices. This educational failure of Hawaii's native population is directly related to the fact that Hawaiians have the highest percentage of welfare recipients and un- or under-employed, the highest amount of incarcerated men, women, and youth, the highest drug, alcohol, and physical abuse rates, the most homeless families, and the worst health statistics in the State.

The legislature also finds that, as an indigenous people, the native people of Hawaii have a right to all levels and forms of education, including access to education in their own language, and the right to establish their educational systems and institutions according to their own customs and traditions. Furthermore, according to article 1.7.1 of the Coolangatta Statement, ratified by thousands of indigenous educators at the 1999 World Indigenous Peoples Conference on Education in Hilo,

...meaningful, empowering and culturally sustainable education for indigenous people will be possible only when indigenous people have the control (a fundamental right) and the resources (an inarguable responsibility of states/governments) to develop educational theories, curriculum, and practices that are indigenous and determine the environment within which this education can best occur.

The legislature further finds according to article X of the state constitution, the State shall promote the study of Hawaiian culture, history, and language and provide for a Hawaiian education program consisting of language, culture, and history in public schools, and that the use of community expertise shall be encouraged as a suitable and essential means in furtherance of the Hawaiian education program. Data indicates minimal compliance in some instances and outright violation in others by the department of education regarding the provisions mandated in article X.

The legislature also finds that there is overwhelming evidence that the Hawaiian knowledge structure differs significantly from the western system of education and that the lower educational achievement of Hawaiians from kindergarten to the university level is a direct reflection of their cultural and educational incompatibility with the current educational system. Data also shows that when Hawaiian language, culture, and values are incorporated into the pedagogical process at all levels, education suddenly has relevance and meaning for Hawaiian children. As a result, Hawaiian students are able to learn, grow, and excel, both in academic settings and in life thereafter.

Since the passage of Act 62, Session Laws of Hawaii 1999, which allowed for start-up charter schools, a dozen Hawaiian communities stretching from Kaua`i to Hawai`i came together to utilize the charter school law to create successful models of Hawaiian education, which demonstrate that Hawaiian communities are able to design and control quality models of education. This Hawaiian charter school alliance, called Na Lei Na`auao, has already procured millions of federal education dollars to collaborate on gifted and talented programs, curriculum development, a teacher certification cohort and a comprehensive action research project.

Data relating to these Hawaiian-designed and controlled public schools confirm that culturally driven education significantly improves the educational achievement of Hawaiians. During the 2000-2001 school year, Kanu o ka Aina New Century Public Charter School had the highest attendance in the State, with a student population that is over ninety-one per cent Hawaiian. Other data such as increases in grade point averages, parent and student satisfaction, success in college, and mainstreaming of special education students further support the notion that Hawaiian students prefer a culturally driven approach to education. The vast majority of Na Lei Na`auao schools are located in rural communities with high concentrations of Hawaiians, all of which also have high percentages of welfare recipients, adult prisoners, and incarcerated juveniles. Although resources are especially limited in these areas, Hawaiian educators and parents have taken on the tremendous challenge of starting these culturally driven charter schools because of the direct and profound needs of Hawaiian public school students in these areas.

The legislature acknowledges that Hawaii's public school system is too large and that decentralization has been recommended by various studies for over two decades. In an effort to initiate more community-based models of education, Act 62, Session Laws of Hawaii 1999, allowed for the establishment of twenty-five start-up charter schools. The purpose of these schools is to provide alternative frameworks with regard to curriculum, facilities management, instructional approach, length of the school day, week, or year, and personnel management, in order to meet the needs of our diverse student population.

While the existing law resulted in the chartering of a total of twenty-five charter schools, revisions to the law are necessary in order to further its intended success. According to On the Level? Policy, Law, and the Charter School Movement, Report No. 4, 2002, Legislative Reference Bureau, in response to Resolution 113 (2001), the current charter school law needs clarification pertaining to resources, such as the impact on the department of education budget, paying for facilities and utilities, and withdrawing school funds directly; governance, including giving schools more independence, the legal status of schools, the employment status of staff, and legal representation for schools; compliance, including special education issues and monitoring schools for compliance; and start-up and shut-down issues, such as appealing the denial of a charter, revoking a school's charter, and converting existing schools. Clarification is also necessary regarding funding methodologies, allocations and procurement, and defining the relationship between charters, the State, the board of education, and the department of education.

The legislature supports a separate Hawaiian charter school district, which establishes and maintains schools that operate independently from the existing school district structure, as a method to accomplish all of the following:

(1) Improve native pupil learning;

(2) Increase learning opportunities for all pupils, with special emphasis on expanded cultural learning experiences for all pupils who are interested and responsive to culturally driven methods of teaching;

(3) Encourage the use of different and innovative teaching methods based on indigenous educational paradigms;

(4) Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system; and

(5) Provide vigorous competition to stimulate continual improvements in Hawai`i's public school system.

The legislature also finds that the federal government strongly supports charter schools. However, due to the restriction in the existing charter school law that caps the number of start-up charter schools at twenty-five, a capacity which has already been reached, the existence of only one chartering agency, and the fact that Hawai`i has only one local education agency, the State is consequently ineligible for millions of dollars of federal school funding.

The purpose of this Act is to create a noncontiguous Hawaiian charter school district of education under a Hawaiian charter school council that focuses on the establishment of twenty-five culturally-driven, family-oriented, and community-based public schools in areas with high concentrations of Hawaiians. This Act will potentially double Hawaii's existing start-up charter schools, therewith assuring additional federal funding. At the same time, it will provide communities that have already submitted letters of intent to the board of education the opportunity to begin the process of becoming start-up charter schools.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new subpart to part IV to be appropriately designated and to read as follows:

"HAWAIIAN CHARTER SCHOOLS

§302A-A Hawaiian charter school district; estab1ished. There is established a noncontiguous Hawaiian charter school district that may consist of existing Hawaiian charter schools established pursuant to subpart D, as well as other Hawaiian charter schools, within all counties of the State. This noncontiguous Hawaiian charter school district shall have local education agency status, in order to qualify for federal funding.

The Hawaiian charter school district shall be exempt from chapter 103D, but shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices. The Hawaiian charter school district shall account for funds expended for the procurement of goods and services, and this accounting shall be available to the public.

Neither the board of education nor the superintendent of education shall have the power to supervise or control the Hawaiian charter school district, the schools contained within, or the Hawaiian charter school council in the exercise of their functions, duties, and powers.

§302A-B Funding for the Hawaiian charter schoo1 district. (a) The Hawaiian charter school district shall receive a flat per pupil allocation set as follows:

(1) Beginning in fiscal year 2003-2004, and each year thereafter, the allocation shall be based on the previous year's department of education financial report, including general funds, federal funds, special funds, and trust funds; provided further that the per pupil allocation to the Hawaiian charter school district shall be equal to the average per pupil expenditure for all public school children; and

(2) Upon receipt of the allocation, the Hawaiian charter school district shall retain not more than ten per cent of each Hawaiian charter school's allocation for administrative functions and forward the remainder in lump sum payments to each Hawaiian charter school.

(b) To enable the Hawaiian charter school district to access state funding prior to the start of each school year, foster their fiscal planning, and enhance their accountability, the department of accounting and general services shall:

(1) Provide fifty per cent of a Hawaiian charter school's per pupil allocation based on the Hawaiian charter school's projected student enrollment not later than July 15 of each year; provided that the Hawaiian charter schools shall submit to the department of accounting and general services a projected student enrollment no later than May 15 of each year; and

(2) Provide the remaining per pupil allocation based on the Hawaiian charter schools' verified student enrollment not later than October 15 of each year; provided that the Hawaiian charter schools shall submit to the department a verified student enrollment no later than September 15 of each year.

(c) The Hawaiian charter school district shall receive a separate, equitable allocation for self-contained special education students and for other special education students to reflect the additional expenses incurred for students in these programs; provided that any increment to the per pupil allocation made in this subsection shall not exceed the increment available to all other public schools. This allocation shall be provided to the Hawaiian charter school district no later than July 1 of each year.

(d) All federal financial support for Hawaiian charter schools allocated to the Hawaiian charter school district shall be not less than all other districts; provided that if administrative services are provided to the Hawaiian charter school district by the department, the Hawaiian charter school district shall reimburse the department for the actual costs of the administrative services in an amount that does not exceed six and one-half per cent of the Hawaiian charter school district's allocation.

(e) As a local education agency, the Hawaiian charter school district shall be eligible to receive any supplementary financial grant or award for which any other local education agency may submit a proposal, or any supplemental federal grants limited to local education agencies.

(f) All additional funds that are generated by the Hawaiian charter school district, not from a supplementary grant, shall be separate and apart from allotted funds and may be expended at the discretion of the Hawaiian charter school district.

(g) If, at any time, the Hawaiian charter school district dissolves or is denied continuation, the State shall have first right, at no cost to the State, to all the assets and facilities of the Hawaiian charter school district.

§302A-C Hawaiian charter school council; established. (a) The Hawaiian charter school district shall be monitored by an eight member Hawaiian charter school council, exempt from section 26-34. The members shall initially be appointed as follows: two members from a list of not less than five educators submitted by the Hawaiian studies and language section of the department of education, four members from a list of not less than nine names submitted by existing Hawaiian charter schools, one kupuna from a list of not less than four names submitted by existing Hawaiian charter schools, and one non-voting student representative elected by the students of the existing Hawaiian charter schools.

(b) The Hawaiian charter school council shall elect its own chairperson and develop guidelines by which successor council members are to be appointed, elected, and removed.

(c) The Hawaiian charter school council shall constitute a second chartering agency under the board of education. All powers heretofore exercised by the board of education with regard to the chartering of Hawaiian charter schools shall be transferred to the Hawaiian charter school council. All charter schools contained within this Hawaiian charter school district shall be required to meet both statewide and cultural student performance standards.

(d) The Hawaiian charter school council may hire staff to assist in its mandated purpose and to carry out administrative functions as it deems appropriate. To the extent practicable, the Hawaiian charter school council shall utilize the staff and resources of the board of education to carry out its intended purpose.

§302A-D Hawaiian charter schools; establishment. (a) In addition to the charter schools authorized under section 302A-1182, up to a total of twenty-five schools may be established as Hawaiian charter schools. Hawaiian charter schools may be established by:

(1) The creation of a new school pursuant to subsection (d);

(2) An existing public school pursuant to subsection (c); 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 (d).

(b) As a prerequisite to the establishment of or conversion to a Hawaiian charter school under subsection (a), applicants for Hawaiian charter school status shall assert in writing, in addition to any other requirements of this section, that the curriculum is based on culturally-driven approaches to education.

(c) Any public school may submit a letter of intent to the Hawaiian charter school council to form a Hawaiian charter school, establish a local school board as its governing body, and develop a detailed implementation plan pursuant to subsection (e); provided that:

(1) The local school board as its governing body shall be composed of, at a minimum, one representative from each of the following participant groups:

(A) Administration;

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

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

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

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

(F) The community at-large; and

(2) 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.

(d) As an alternative to subsection (c), any community, group of teachers, group of teachers and administrators, entity recognized as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or any program within an existing school may submit a letter of intent to the Hawaiian charter school council to form a Hawaiian charter school, establish a local school board as its governing

body, and develop a detailed implementation plan pursuant to subsection (e).

(e) The local school board, with the support and guidance of the superintendent, shall formulate and develop a detailed implementation plan that meets the requirements of this subsection and of section 302A-E. The plan shall include the following:

(1) A description of employee rights and management issues and a framework for addressing those issues that protect the rights of employees;

(2) A plan for identifying, recruiting, and selecting students that is not exclusive, elitist, or segregationist;

(3) The curriculum and instructional framework to be used to achieve student outcomes, including an assessment plan;

(4) A comprehensive plan for the assessment of student, administrative support, and teaching personnel performance, that:

(A) Recognizes the interests of the general public;

(B) Incorporates or exceeds state educational content and performance standards;

(C) Includes a system of faculty and staff accountability that holds faculty and staff both individually and collectively accountable for their performance, and that is at least equivalent to the average system of accountability in public schools throughout the State; and

(D) Provides for program audits and annual financial audits;

(5) The governance structure of the school; and

(6) A plan for any necessary design, construction, renovation, and management of facilities that is consistent with the state facilities plan; provided that if the facilities management plan includes use of existing school facilities, the Hawaiian charter school shall receive authorization from the administrator responsible for the facilities; provided further that the final determination of use shall fall within the board's discretion.

(f) The detailed implementation plan shall be submitted to the Hawaiian charter school council.

Review procedures shall be as provided in this section. The Hawaiian charter school council may adopt rules pursuant to chapter 91 to further guide the review process.

(g) The Hawaiian charter school council shall have sixty working days to review the completed implementation plan for a proposed Hawaiian charter school to ensure that it meets the requirements of this chapter. Within forty-five working days, the Hawaiian charter school council shall issue a report of its preliminary findings to the local school board. If the Hawaiian charter school council subsequently determines that the implementation plan:

(1) Meets the requirements of this chapter, the Hawaiian charter school council shall by the sixtieth working day issue a charter, and the implementation plan shall be converted to a written performance contract between the school and the Hawaiian charter school council; or

(2) Fails to meet the requirements of this chapter, then the panel:

(A) 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; and

(B) May issue a provisional approval for a charter if the Hawaiian charter school council determines that the applicant may reasonably be expected to expeditiously resolve any remaining conflict or conflicts impeding the issuance of a charter. The provisional approval shall be effective for one year. The Hawaiian charter school council may extend the provisional approval beyond a period of one year. If a charter is subsequently issued, the amended implementation plan shall be converted to a written performance contract between the school and the Hawaiian charter school council.

(h) An amended implementation plan shall be submitted within thirty working days of notification pursuant to subsection (g)(2)(A). The Hawaiian charter school council shall deny the issuance of a charter if the school board does not submit an amended implementation plan within the thirty working day period. The Hawaiian charter school council shall have thirty working days to review the amended implementation plan. If the amended implementation plan:

(1) Meets the requirements of this chapter, the Hawaiian charter school council, by the thirtieth working day, shall issue a charter to the proposed Hawaiian charter school. If a charter is issued, the amended implementation plan shall be converted to a written performance contract between the school and the Hawaiian charter school council; or

(2) Fails to resolve any conflicts to the Hawaiian charter school council's satisfaction or involves new and different issues of conflict with this chapter, the panel shall deny issuance of a charter.

(i) A local school board may file an appeal of the denial of an application for a charter with the Hawaiian charter school council. Within thirty working days, the Hawaiian charter school council shall issue a report of its findings and final determination to the local school board. If the implementation plan is approved, the Hawaiian charter school council shall issue a charter and the implementation plan shall be converted to a written performance contract between the school and the Hawaiian charter school council.

(j) Hawaiian charter schools shall not charge tuition. The State shall afford the local school board of any Hawaiian charter school the same protections as the State affords to the board of education.

§302A-E Funding for the Hawaiian charter schools. (a) As provided in section 302A-B, Hawaiian charter schools shall receive a flat per pupil allocation set by statute, excluding Hawaiian charter school district administrative withholdings of no more than ten per cent. This allocation shall be disbursed by the Hawaiian charter school district to the Hawaiian charter schools within fifteen working days of receipt of the funds.

(b) Any additional funding for special education or any other purposes received by the Hawaiian charter school district shall be disbursed to the Hawaiian charter schools, excluding, if applicable, no more that ten per cent administrative costs, within fifteen working days of receipt of the funds.

(c) All federal financial support for Hawaiian charter schools allocated to the Hawaiian charter schools shall be not less than that allocated to all other public schools; provided that if administrative services are provided by the Hawaiian charter school district, the Hawaiian charter schools shall reimburse the Hawaiian charter school district for the actual costs of the administrative services in an amount that does not exceed ten per cent of the Hawaiian charter school district's allocation.

(d) All additional funds that are generated by the Hawaiian charter schools, and not from a supplementary grant, shall be separate and apart from allotted funds and may be expended at the discretion of the Hawaiian charter schools.

(e) If a Hawaiian charter school dissolves or is denied continuation, the State shall have first right, at no cost to the State, to all the assets and facilities of the Hawaiian charter school district.

(f) Facility subsidies shall be made available to Hawaiian charter schools on the basis of equity and equality:

(1) Hawaiian charter schools that pay rental fees shall receive facilities subsidies to pay their actual rental fees. Except as provided in paragraph (2), Hawaiian charter schools that do not pay rental fees shall not receive facilities subsidies; and

(2) Notwithstanding paragraph (1), facility subsidies may be applied to mortgage payments if Hawaiian charter schools build their own facilities or substantially renovate rental facilities.

(g) Hawaiian charter schools shall be eligible to receive capital improvement funds using the same process as other public schools.

(h) Hawaiian charter schools shall be eligible to participate in tax-exempt bond programs.

§302A-F Hawaiian district charter schools; exemptions. Schools designated as Hawaiian charter schools shall be exempt from all applicable civil laws, except those regarding:

(1) Collective bargaining under chapter 89, provided that:

(A) The exclusive representatives defined in chapter 89 may enter into agreements that contain cost and noncost items to facilitate decentralized decisionmaking;

(B) The exclusive representatives and the local school board of the Hawaiian charter school may enter into agreements that contain cost and noncost items;

(C) The agreements shall be funded from the current allocation or other sources of revenue received by the Hawaiian charter school; and

(D) These agreements may differ from the master contracts.

(2) Discriminatory practices under section 378-2; and

(3) Health and safety requirements.

Hawaiian charter schools shall be exempt from chapter 103D, but shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices. However, where possible, the Hawaiian charter schools are encouraged to use the provisions of chapter 103D; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption of chapter 103D and shall not subject the Hawaiian charter school to any other provision of chapter 103D. Hawaiian charter schools shall account for funds expended for the procurement of goods and services, and this accounting shall be available to the public.

§302A-G Hawaiian charter schools; accountability. (a) Each Hawaiian charter school shall conduct self-evaluations annually. The self-evaluation process shall include:

(1) The identification and adoption of benchmarks to measure and evaluate administrative and instructional programs as provided in this section;

(2) The identification of any administrative and legal barriers to meeting the benchmarks, as adopted, and recommendations for improvements and modifications to address the barriers;

(3) The impact of any changes made upon the students of the Hawaiian charter schools; and

(4) A profile of the charter school's enrollment and community it serves.

Each Hawaiian charter school shall submit a report of its self-evaluation to the Hawaiian charter school council within sixty working days after the completion of the school year; provided that the Hawaiian charter school council shall have thirty working days to respond to any recommendation regarding improvements and modifications that would directly impact the Hawaiian charter school.

(b) Beginning in 2005 and every five years thereafter, the Hawaiian charter school council shall conduct an evaluation of the effectiveness of the Hawaiian charter school system approach authorized under this section. Based on this evaluation, the Hawaiian charter school council shall directly report to the legislature and the governor with recommendations to modify, expand, or terminate the Hawaiian charter school district. The evaluation of the effectiveness of the Hawaiian charter school district shall include the following:

(1) If available, the pre- and post Hawaiian charter school test scores of pupils attending charter schools and other pupil assessment tools;

(2) The level of parental satisfaction with the charter school district compared with schools within the district in which the charter school is located;

(3) The impact of required parental involvement;

(4) The fiscal structure and practices of charter schools, as well as the relationship of these structures and practices to school districts including the amount of revenue received from various public sources;

(5) An assessment of whether or not the charter school district has resulted in increased innovation and creativity;

(6) Opportunities for teachers under the charter school district;

(7) Whether or not there is an increased focus on low-achieving and gifted pupils;

(8) Any discrimination and segregation in charter schools;

(9) The governance, fiscal, liability, and accountability practices and related issues between charter schools and the board of education;

(10) The manner in which the compliance of the conditions, standards, and procedures entered into under a charter is monitored;

(11) The assessment of how the exemption from laws governing schools allows charter schools to operate differently than schools operating under those laws; and

(12) The role and impact of collective bargaining on charter schools.

(c) Upon a determination by the Hawaiian charter school council that student achievement within a Hawaiian charter school does not meet the student performance standards, or that the Hawaiian charter school is not fiscally responsible, a Hawaiian 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 Hawaiian charter school fails to meet its probationary requirements, or fails to comply with any of the requirements of this section, the Hawaiian charter school council, upon a two-thirds majority vote, may then deny the continuation of the Hawaiian charter school.

(d) The Hawaiian charter school council may adopt rules under chapter 91 to supplement accountability measures incorporated in the written performance contracts required under section 302A-D.

§302A-H Hawaiian charter schools; administrative supervision. Whenever any Hawaiian charter school is established under section 302A-D, the following provisions shall apply except as otherwise specifically provided by this chapter:

(1) Following consultation with the Hawaiian charter school, the Hawaiian charter school council shall represent the Hawaiian charter school in communications with the governor and with the legislature;

(2) The financial requirements for state funds of the Hawaiian charter school shall be submitted through the Hawaiian charter school council and be included in a budget request separate from the department;

(3) The approval of all policies and rules adopted by the Hawaiian charter school shall be preceded by an open public meeting and shall not be subject to chapter 91;

(4) The employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the Hawaiian charter school shall be determined by the Hawaiian charter school and applicable personnel laws and collective bargaining agreements;

(5) Except as set forth in this section, the board of education, the superintendent of education, or the Hawaiian charter school council shall not have the power to supervise or control a Hawaiian charter school in the exercise of its functions, duties, and powers; and

(6) Local school boards may enter into an annual business contract for centralized services to be provided by the department prior to the beginning of each school year.

§302A-I Hawaiian charter school council, Hawaiian charter school district, and Hawaiian charter schools; representation by attorney general. The Hawaiian charter school council, Hawaiian charter school district, and Hawaiian charter schools are entitled to legal services and representation from the attorney general in state and federal courts. The attorney general, upon request, shall provide legal services and representation in the same manner and to the same extent as the attorney general provides legal services and representation to public schools, the department of education, and the board of education.

§302A-J Hawaiian charter schools; mandate to support. The chair of the board of education charter school committee, the superintendent of education, as well as key representatives of the major divisions of the department of education, and representatives from other departments providing related services, including the department of health, department of accounting and general services, and department of budget and finance, representatives from the unions, as well as individuals from the Hawaiian charter school district and Hawaiian charter schools shall collaborate on a system of technical assistance that will provide a baseline for success of each Hawaiian charter school. In addition, the department, through the board of education and its superintendent, shall provide any other information and technical assistance upon request necessary to support the establishment and expansion of Hawaiian charter schools and the Hawaiian charter school district."

SECTION 3. Section 26-35.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) For purposes of this section, "member" means any person who is appointed, in accordance with the law, to serve on a temporary or permanent state board, including members of the local school board of any new century charter school established under section 302A-1182 or new century conversion charter school established under section 302A-1191, members of the Hawaiian charter school council established under section 302A-C, council, authority, committee, or commission, established by law or elected to the board of education or the board of trustees of the employees' retirement system under section 88-24; provided that "member" shall not include any person elected to serve on a board or commission in accordance with chapter 11 other than a person elected to serve on the board of education."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2003-2004, and the same sum, or so much thereof as may be necessary for fiscal year 2004-2005, for funding the establishment of the Hawaiian school district and the Hawaiian charter school council, including the hiring of necessary staff.

SECTION 5. The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval; provided that sections 4 and 5 shall take effect on July 1, 2003.

INTRODUCED BY:

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