Report Title:

Host Culture Charter School District

 

Description:

Establishes a noncontiguous host culture charter school district under the board of education to be monitored by a host culture district council. Establishes host culture charter schools.

HOUSE OF REPRESENTATIVES

H.B. NO.

2598

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to education.

 

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

SECTION 1. Article X, section 4, of the state constitution states that the State shall promote the study of Hawaiian culture, history, and language and provide for a Hawaiian education program consisting of 1anguage, culture, and history in public schools. Furthermore, the use of community expertise shall be encouraged as a suitable and essential means in the furtherance of the Hawaiian education program.

The legislature finds that twenty-five years after the passage of article X, section 4, of the state constitution, no data exists demonstrating that Hawaii's public school graduates, regardless of ethnic background, have even minimal knowledge of Hawaiian culture, history, and language, which is a clear indication that the State of Hawaii in general and the department of education in particular have not complied satisfactorily with this constitutional mandate.

The legislature further finds that according to the latest research by the Kamehameha Schools, there has been a forty-four per cent increase in the last twenty years in public school students who have one or more ancestors who inhabited the Hawaiian Islands prior to Western contact in 1778. According to Census 2000 data, ethnic Hawaiians comprise thirty-two per cent of Hawaii's public school students, making them the single largest ethnic group in the department of education.

The legislature also finds that a June 2003 report by the Kamehameha Schools entitled "Left Behind? – The Status of Hawaiian Students in Hawaii Public Schools", verifies that Hawaiian students rank among the lowest of all major ethnic groups in the State's public school system by nearly every measure of educational engagement and success. The report finds that compared to other major ethnic groups, Hawaiian children have the lowest test scores, consistently lagging behind total department of education averages by at least nine per cent. Moreover, the gap between Hawaiian student scores and total department of education averages increases as students move through the system. Ethnic Hawaiians also have the highest dropout and lowest graduation rates in the department of education and are over represented in special education and subsidized lunch programs. For example, among Hawaiian public school students, thirteen per cent are classified both as low income and in need of special education, compared to just five per cent of non-Hawaiian students, and eighteen per cent of Hawaiian students are classified as requiring special education, compared to eleven per cent of non-Hawaiian students. In addition, Hawaiian students also have disproportionately higher rates of retention and absenteeism than do non-Hawaiian students. For example, one in five Hawaiian students is retained between grades nine to twelve and nearly ten per cent of Hawaiian students miss more than twenty days in a semester, compared to just six per cent of non-Hawaiians.

The legislature further finds that according to the latest Kamehameha Schools research, Hawaiian students are more likely than their non-Hawaiian peers to attend low quality schools, with seventy-nine per cent of predominantly Hawaiian schools in corrective action compared to just seventeen per cent of predominantly non-Hawaiian schools. Inequitably distributed educational and teaching resources and disproportionately high numbers of special education referrals further compound the existing social and economic disadvantages experienced by Hawaiian students, leaving Hawaiian public school students deprived of opportunities for intellectual engagement, social growth, and other aspects of a quality education that help to pave the way to fulfilling futures. The Kamehameha Schools report concludes that Hawaiian children are left behind in our state public school system.

The legislature finds a direct correlation between the dismal educational performance of ethnic Hawaiians within Hawaii's public school system and the subsequent socio economic failure of ethnic Hawaiian adults. For many decades, ethnic Hawaiians have led the State in the percentage of welfare recipients, unemployed or underemployed, incarcerated men, women, and youth, and homeless families. In addition, ethnic Hawaiians have the highest drug, alcohol, and physical abuse rates, and the worst health statistics in the State.

The legislature finds that there is overwhelming evidence that the knowledge structure of Hawaii's host culture differs significantly from the knowledge structure supported by Hawaii's current public school system. The legislature further finds that the documented educational failure of Hawaii's indigenous public school population is a direct reflection of the incompatibility of Hawaii's host culture with the current public school system. Data gathered by Hawaiian focused charter schools shows that when Hawaiian language, culture, and values are incorporated into the pedagogical process at all levels as mandated by article X, section 4 of the state constitution, education suddenly has relevance and meaning for Hawaiian children. As a result, Hawaiian students are able to 1earn, grow, and excel, both in academic settings and in life thereafter.

The legislature finds that Hawaii's native people are currently the only indigenous people in the United States that do not have some form of self determination in education. The legislature further finds that as an indigenous people, ethnic Hawaiians 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 and governments) to develop educational theories, curriculum, and practices that are indigenous and determine the environment within which this education can best occur."

The legislature finds that while there is currently no formal process for Hawaii's indigenous people to assert native self determination in education in Hawaii, Act 62, Session Laws of Hawaii 1999, provided opportunities for native communities to join together to utilize Hawaii's charter school law to create models that address the poor outcomes of Hawaiian public school students. These Hawaiian focused charter schools, which are located in some of Hawaii's most destitute areas, comprise fifty-seven per cent of Hawaii's existing twenty-three start up charter schools and welcome students of all ethnic backgrounds. All of the models incorporate Hawaiian culture and language and community expertise at a very high level and demonstrate that Hawaiian communities are able to design and implement quality models of twenty-first century education, which dramatically improves ethnic Hawaiian student learning.

The legislature further finds that since its formation in January 2000, the Hawaiian Charter School Alliance, called Na Lei Na'auao, made up of a dozen Hawaiian focused start up charter schools, has demonstrated an impressive ability to collaborate according to the Hawaiian value of kukulu kumuhana. For example, Na Lei Na'auao has procured millions of federal education dollars to collaborate on gifted and talented programs, curriculum development, teacher certification, and a comprehensive action research project. Furthermore, Na Lei Na'auao has successfully initiated viable, long term partnerships with entities like the Kamehameha Schools, who through their Ho'olako like program, match one dollar for every four dollars of state funds allocated. In addition, the Kamehameha Schools is providing professional development, including principal's training, support with conferences, and other assistance to Na Lei Na'auao schools.

The legislature further finds, that the twelve Na Lei Na'auao communities located on three islands have successfully utilized technology to overcome challenges of physical separation, and have demonstrated over the past years that they can work together even with minimal resources. Furthermore, the alliance has proven that Na Lei Na'auao communities can respect each other's autonomy, while at the same time supporting the mission of Na Lei Na'auao to "nurture and grow models of education throughout the Hawaiian Islands, which are community designed and controlled and reflect, respect and embrace Hawaiian cultural values, philosophies and ideologies."

The legislature also finds that data relating to these Hawaiian designed and controlled public charter schools confirm that culturally driven education significantly improves the educational achievement of Hawaiians. For example, 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 per cent Hawaiian. During school year 2001-2002, indigenous Hawaiian students attending Na Lei Na'auao schools scored better on the Hawaii content and performance standards II than indigenous Hawaiian students attending department of education schools. 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 native Hawaiian students prefer a culturally driven approach to education and that such an approach increases student interest and subsequently educational success.

The legislature, the governor, the board of education and countless citizens acknowledge that Hawaii's public school system is too large. The legislature further acknowledges that decentralization has been recommended by various studies for over three decades. To date, the most significant effort to initiate more community control in education, has been the passage of Act 62, Session Laws of Hawaii 1999, that allowed for the establishment of a maximum of twenty-three 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 the State's diverse student population.

The legislature finds that the federal government strongly supports charter schools, however, due to restrictions in Hawaii's existing charter school law, which caps the number of charter schools and allows for only one chartering agency, the State is consequently ineligible for millions of dollars of federal school funding. The legislature further finds that national authorities agree that Hawaii's current charter school law is among the weakest in the nation. Furthermore, according to a report by the legislative reference bureau entitled "On the Level? Policy, Law and the Charter School Movement", requested by House Resolution No. 113, in the 2001 regular session, Hawaii's current charter school law, needs extensive clarification in numerous areas including allocation of resources (impact on the department of education budget, paying for facilities and utilities, withdrawing school funds directly), governance (giving schools more independence, the legal status of schools, the employment status of staff, and legal representation for schools), compliance (assistance without compliance, special education issues, and monitoring schools for compliance), and start up or shut down (appealing the denial of a charter, revoking a school's charter, and converting existing schools). Clarifications are 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 purpose of this Act is to create a noncontiguous host culture charter school district as a five-year demonstration project. The legislature supports the creation of such a pilot host culture charter school district to be made up of no more than twelve host culture public charter schools. This district will operate independently from existing or future school district structures. The intent of this Act is to:

(1) Promote the successful development of models of education that truly fulfill the mandate of article X, section 4, of the state constitution;

(2) Pilot an independent school district that will provide a model for future decentralization and data that will build confidence among Hawaii's legislators to lift the cap on charter schools and allow for multiple charter agencies, that in turn will increase federal charter school funding for Hawaii;

(3) Improve the educational success for a pilot group of about one thousand students attending existing host culture public charter schools who are interested in and responsive to culturally driven methods of teaching;

(4) Develop culturally appropriate curriculum, instruction, and assessment methods and resources that can increase educational success for tens of thousands of Hawaiian public school students;

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

(6) Monitor the impact of culturally based, family oriented, and community designed education on student performance; and

(7) Provide vigorous competition to stimulate continual improvements in Hawaii's public school system.

This Act will also provide opportunities to solidify existing start up host culture charter schools by reallocating current funding to the school level and providing opportunities for additional federal funding via the creation of the host culture charter school district.

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:

"HOST CULTURE CHARTER SCHOOL DISTRICT

§302A-A Host culture charter school district; established. There is established as a five year pilot demonstration project, a noncontiguous host culture charter school district monitored by a host culture district council. This district may consist of existing host culture public charter schools within all counties of the State. There shall be no discrimination in these host culture public charter schools because of race, religion, sex, or ancestry. This noncontiguous host culture charter school district shall have local school board status in order to qualify for equitable federal funding.

The host culture charter school district shall work in collaboration with the board of education, the superintendent of education, and the charter school executive director. Except as set forth in this section, the board of education, the superintendent of education, or the charter school executive director shall not have the power to supervise or control the host culture charter school district in the exercise of its functions, duties, and powers.

§302A-B Funding for the host culture charter school district. The host culture 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 host culture charter school district shall account for funds expended for the procurement of goods and services, and this accounting information shall be available to the public.

The noncontiguous host culture charter school district shall establish a system of accountability that promotes transparency and the verification of spending allocations for its educational programs and operations.

(a) The host culture charter school district shall receive a flat per pupil allocation of $9,753 ($10,422 less debt service of $669 per pupil), based on the independent Cooper-Ouchi Report 2003, to be provided in a separate appropriation. In addition, the department of education's annual budget shall accommodate for all fringe benefit costs for state employees employed by the host culture charter school district at no additional charge to the district provided that:

(1) Beginning with the 2005-2007 fiscal biennium, cost of living adjustments shall be made annually at the rate of 11.2 per cent, based on the average department of education increase for the previous three years; and

(2) Upon receipt of the allocation, the host culture charter school district shall retain no more than ten per cent of each host culture focused charter school's allocation for administrative functions and forward the remainder in lump sum payments to each host culture focused charter school.

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

(1) Provide fifty per cent of a host culture charter school's per pupil allocation based on the host culture charter school's projected student enrollment no later than July 15 of each year; provided that the host culture charter school district 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 host culture charter schools' verified student enrollment no later than October 15 of each year; provided that the host culture charter schools shall submit to the department a verified student enrollment no later than September 15 of each year.

(c) In accordance with the mandates of the federal No Child Left Behind Act, the host culture charter school district shall receive a consistent per pupil amount for each regular education and special education student, including comprehensive school support services and all means of financing but excluding special education services that shall be provided by the department of education at the charter school.

(d) As clarified in the federal No Child Left Behind Act, the department of education shall allot, in a timely manner, a fair and equitable portion of any federal financial support provided for public school children in the State.

(e) The host culture charter school district shall be eligible to receive any supplementary financial grant or award or any supplemental federal grants.

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

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

(h) Host culture charter schools shall be eligible to receive capital improvement funds using the same process as other public schools for design, construction, and renovation of campuses.

(i) Host culture charter schools shall be eligible to participate in tax exempt bond programs of the State.

(j) Host culture charter schools shall have first option to occupy "underutilized" government facilities for educational purposes.

(k) Host culture charter schools shall have first option to occupy or liquidate any government seized real property. Liquidated property funds shall be equally divided among host culture charter schools for the purposes of facilities maintenance and development.

§302A-C Host culture district council; established. (a) The noncontiguous host culture charter school district shall be monitored by a nine member host culture district council initially appointed by the governor and for whom the voting members of the host culture district council shall be subject to section 26-34; provided that the governor shall include the superintendent and the charter school executive director, and shall appoint two members from a list of not less than five educators submitted by the Hawaiian studies and language section of the department of education, three members from a list of not less than seven names submitted by existing host culture charter schools, one kupuna (nonvoting) from a list of not less than four names submitted by existing host culture charter schools, and one student representative (nonvoting) elected by the students of the existing host culture charter schools.

(b) Once constituted, the host culture district council shall elect its own chairperson and develop guidelines by which successor council members are to be appointed, elected, or removed.

(c) The host culture district council may hire staff to assist it in its mandated purpose and to carry out administrative functions as it deems appropriate.

§302A-D Host-culture district charter schools; exemptions. Schools designated as host culture charter schools shall be exempt from all applicable state laws, except those regarding:

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

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

(B) The exclusive representatives and the local school boards of host culture charter schools shall enter into agreements that contain cost and noncost items;

(C) The agreements shall be jointly funded between the host culture charters schools and the unions; and

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

(2) Discriminatory practices under section 378-2;

(3) Health and safety requirements; and

(4) Host culture charter schools shall be exempt from the 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, host culture 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 host culture charter school to any other provision of chapter 103D. Host culture charter schools shall account for funds expended for the procurement of goods and services, and this accounting information shall be available to the public.

§302A-E Host culture charter schools; accountability. (a) Each host culture charter school shall conduct self evaluations annually. The self evaluation process shall include, but not be limited to:

(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 host culture charter school; and

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

(b) Each host culture charter school shall submit a report of its self evaluation to the host culture district council within sixty working days after the completion of the school year; provided that the host culture district council shall have thirty working days to respond to any recommendation regarding improvements and modifications.

(c) During the fourth year, the host culture district council shall conduct an evaluation of the effectiveness of the host culture charter school approach authorized under this part. Based on this evaluation, the host culture district council shall report to the legislature and the governor with recommendations to modify, expand, or terminate the host culture charter school approach. The evaluation of the effectiveness of the host culture charter school approach shall include the following:

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

(2) The level of parental satisfaction with the host culture charter school approach 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 structure and practices to school districts, including the amount of revenue received from various public sources;

(5) An assessment of whether or not the charter schools approach has resulted increased innovation and creativity;

(6) An assessment of opportunities for teachers under the host culture charter school approach;

(7) Whether there is an increased focus on low achieving and gifted pupils;

(8) An assessment on whether discrimination or segregation in host culture charter schools exists;

(9) An assessment on the effectiveness of the governance, fiscal, liability, accountability practices, and related relationships between charter schools and the board of education;

(10) How the conditions, standards, and procedures of host culture charter schools are complied with and monitored;

(11) An assessment of how the exemption from laws governing schools allows host culture charter schools to operate more effectively than schools operating under those laws; and

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

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

(d) The host culture district council may adopt guidelines to supplement accountability measures incorporated in the written performance contracts required under section 302A-C.

§302A-F Host culture charter schools; administrative supervision. The following shall apply to all host culture charter schools, except as otherwise specifically provided by this chapter:

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

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

(3) Except as set forth in this section, the board of education, the superintendent of education, or the host culture district council shall not have the power to supervise or control host culture charter schools in the exercise of its functions, duties, and powers; and

(4) Local school boards of host culture centered charter schools may enter into an annual business contract for centralized services to be provided by the department of education prior to the beginning of each school year.

§302A-G Host culture district council, host culture charter school district and host culture charter schools; representation by attorney general. The host culture district council, host culture charter school district and host culture 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 to the host culture council, host culture charter school district, and host culture charter schools 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-H Host culture charter schools; mandate to support. Together, the chair of the board of education charter school committee, the superintendent of education, the charter school executive director, key representatives of the major divisions of the department of education, and representatives from other departments providing related services that include but are not limited to, the departments of health, accounting and general services, and budget and finance, and representatives from public sector unions, as well as individuals from the host culture charter school district and host culture charter schools, shall collaborate on a system of technical assistance that will provide a baseline for success of each host culture charter school. In addition, the department, through the board of education and the superintendent, shall provide any other information and technical assistance upon request necessary to support the growth of host culture charter schools and the host culture charter school district."

SECTION 3. Section 26-35.5, Hawaii Revised Statutes, is amended 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, the host culture district council, 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 2004-2005, for the purpose of funding the establishment of a noncontiguous host culture charter school district, a host culture district council, and the hiring of necessary staff for the host culture charter school district and council.

SECTION 5. The sum appropriated shall be expended by the department of accounting and general services 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, 2004.

INTRODUCED BY:

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