Report Title:

Charter Schools

Description:

Amends the charter school law.

THE SENATE

S.B. NO.

1523

TWENTY-SECOND LEGISLATURE, 2003

 

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. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"302A- New century charter schools; new century conversion charter schools; purpose. New century and new century conversion charter schools may be established pursuant to this subpart to provide a learning environment that will improve pupil achievement. New century and new century conversion charter schools shall provide additional academic choices for parents and pupils. New century and new century conversion charter schools may consist of new schools or all or any portion of an existing school. New century and new century conversion charter schools are public schools that serve as alternatives to traditional public schools.

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

"302A- New century charter school review panel; membership.

(a) The new century charter school review panel shall consist of seven members consisting of:

(1) Four members of the general public who are appointed by the governor at least two of whom shall reside in a district complex where at least sixty per cent of the children who attend school in the district complex meet the eligibility requirements established under the national school lunch and child nutrition acts (42 U.S.C. 1751-1785), who appointed by the governor;

(2) Two members of the business community who are appointed by the governor;

(3) Two members of the charter school community selected by the chairperson of the board of education from a list of candidates submitted by existing charter schools; and

(4) One member shall be the superintendent of education or the superintendent's designee.

(b) The superintendent of education shall serve a term on the new century charter school review panel that runs concurrently with the superintendent's term of office. Members appointed pursuant to subsection (a), paragraphs 1, 2, and 3 of this section shall serve staggered two-year terms beginning and ending on the third Wednesday in January."

SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"302A- New century charter schools; vacant facilities list. (a) The department of education, in conjunction with the department of accounting and general services, shall annually publish a list of vacant and unused facilities, buildings, and portions of buildings that are owned by this state and may be suitable for the operation of a new century charter school.

(b) The department of education shall make the list available to applicants for new century charter schools and existing charter schools.

(c) The list shall include, but not be limited to:

(1) The address of each building;

(2) A short description of the building and facilities; and

(3) The name of the owner of the building.

SECTION 4. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"302A- Conversion charter schools; teachers; employment benefits. A teacher who is employed by or teaching at a conversion charter school, who has met the licensing requirements of the department of education, shall not lose any right of the department's probation, seniority, certification, retirement, tenure, salary status or any other benefit afforded to members of bargaining unit 5 as a result of being employed by a conversion charter school."

SECTION 5. Section 302A-1182, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Up to a total of [twenty-three] forty-six 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; or

(2) The creation of a new school, comprising programs or sections of existing public school populations and using existing public school facilities, pursuant to subsection (b)."

SECTION 6. Section 302A-1182, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

" (d) The detailed implementation plan shall be submitted to the new century charter school review panel[, which shall be composed of seven members as follows:

(1) Four of the members shall be board of education members or their designees appointed by the chairperson of the board of education;

(2) Two of the members shall be members of the new century charter school community approved by the chairperson of the board of education from a list submitted by existing new century charter schools; and

(3) One member shall be the superintendent of education or the superintendent's designee.].

Panel review procedures shall be as provided in this section. The [board] new century charter school review panel may adopt rules pursuant to chapter 91 to further guide the panel's review process."

SECTION 7. Section 302A-1185, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) New century charter schools shall receive an allocation of state funds based upon the operational and educational funding requirements of the schools; provided that:

(1) Beginning in fiscal year 2001-2002, and every year thereafter, the auditor shall determine the appropriate allocation based on the total department general fund allocation for EDN 100, 150, 200, 300, and 400 and projected per pupil allocation for the current fiscal year;

(2) Small schools with fewer than one hundred twenty students may be given a state subsidy or small school allotment, as determined by the department, to augment the per pupil allocation given; provided that if additional federal grant moneys are received, the auditor shall determine the appropriate portion of the federal grant moneys to be used to offset the small school allotment; provided further that the federal grant moneys shall not include federal impact aid;

(3) The department [may] shall provide a [limited] three-year start-up and planning grant formulated by the auditor to a new century charter school upon the issuance of its charter; provided further that the department shall provide appropriate transitional resources to a new century conversion charter school for its first [year] two years of operation as a charter school based on the department's allocation to the school for the year prior to conversion;

(4) The auditor shall take into consideration any changes to the department's budget made by the legislature, the governor, department-imposed restrictions, or any applicable collective bargaining negotiated amounts; provided that the auditor shall exclude from the per pupil allocation funds for:

(A) Services that must be provided at the state level;

(B) Specific programs or projects that target individual schools, complexes, or districts;

(C) Grants in aid; and

(D) Resources of new facilities that target specific, new construction projects.

(5) Any new century charter school may enter into an annual memorandum of agreement for centralized services to be provided by the department prior to the beginning of each school year, provided that:

(A) The allocation of the new century charter school shall be reduced in an amount based upon the per pupil amount expended by the department for such services; and

(B) The department may not retain new century charter school funds in excess of the actual cost of the service.

(6) The department 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[;], provided that the auditor shall include the cost of the special education staff and services provided to a new century or new century conversion charter school in the charter school allocation; [and]

(7) The auditor shall include a facilities and maintenance cost solely for new century charter schools, in the allocation for new century charter schools, which demonstrates parity with the facilities and maintenance cost of regular public schools except when the new century charter school resides in a state owned building.

(8) The auditor shall develop a methodology for allocating funds that can be applied to alternative forms of public schools, including but not limited to new century charter schools; and

(8)(9) The auditor shall develop a methodology for allocating funds for new century conversion charter schools, by basing the allocation for each newly converted school on the EDN 100, 150 and 200 program budgets, and upon written agreement between the new century conversion charter school's local school board and the department, specified sections of the EDN 300 and 400 program budgets the school received in the year prior to conversion; provided that the allocation may be adjusted to account for any changes that may be made by the legislature, the governor, department-imposed restrictions, or applicable collective bargaining negotiated amounts."

SECTION 8. Section 302A-1185, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) To enable new century charter schools to access state funding prior to the start of each school year, foster their fiscal planning, and enhance their accountability, the department shall:

(1) Provide fifty 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 department a projected student enrollment no later than May 15 of each year; [and]

(2) Provide 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; provided that the new century charter school shall submit to the department a verified student enrollment no later than September 15 of each year[.]; and

(3) Submit an annual charter school allotment report to new century charter schools and new century conversion charter schools no more than thirty days after October 15 which shall include, but not be limited to:

(A) Per-pupil allotment amounts for the current school year;

(B) Details on how the auditor calculated the charter school per-pupil allotment; and

(C) Details on what per-pupil costs are included and excluded from the charter school per-pupil allotment.

(4) Submit an annual report to the legislature no later

than twenty days before the convening of the regular

session which shall include, but not be limited to:

(A) The individual budgets for new century and new century conversion charter schools for the current school year;

(B) The allocation for each new century and new century conversion charter schools for the current school year; and

(C) The recommendations of the superintendent and local school boards for charter school funding for the current school year."

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1. 2003.

INTRODUCED BY:

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