Report Title:

Education; Charter Schools

Description:

Requires accountings conducted by new century charter schools to be subject to audit and inspection by the department and the auditor. Requires disclosure of certain financial records and policies and procedures. Requires compliance with health and safety requirements, county laws and requirements, and state and county land use laws. (HB2911 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

2911

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

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. Section 302A-1184, Hawaii Revised Statutes, is amended to read as follows:

"302A-1184 New century charter schools; exemptions. Schools designated as new century charter schools shall be exempt from all applicable state laws, except [those regarding]:

(1) [Collective] The collective bargaining law 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 new century 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 new century charter school; and

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

(2) [Discriminatory practices] The discriminatory practice law under section 378-2;

(3) Health and safety requirements[.];

(4) Land use laws; and

(5) The Uniform Information Practices Act.

New century charter schools shall be subject to county laws, codes, and rules governing land use and public health and safety to the extent that those laws, codes, and rules apply to other public schools.

New century charter schools shall be exempt from the state procurement code, 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 new century charter school is 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 new century charter school to any other provision of chapter 103D. New century charter schools shall account for funds expended for the procurement of goods and services, and this accounting shall be available to the public[.] and be subject to audit and inspection by the department and the state auditor. In addition, notwithstanding any law to the contrary, as public schools and entities of the State, new century public charter schools shall not bring suit against any other entity or agency of the State of Hawaii."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2010.