Report Title:

Hawaiian Focused Charter Schools

Description:

Establishes a noncontiguous Hawaiian charter school district under the Board of Education to be monitored by a Hawaiian charter school council. (SD1)

THE SENATE

S.B. NO.

1597

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

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, native 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 over represented among Hawaii’s special education population. Approximately thirty-six per cent of all public school students of Hawaiian ancestry are currently classified as special education. Over half of these special education students are classified as learning disabled or severely emotionally disturbed, for whom the data reflects that most are 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 native 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 further 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 that according to section 4 of 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 1anguage, 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 out right violation in others by the department of education regarding the constitutional mandate.

The legislature further 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 native 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 1earn, 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 Kauai to Hawaii came together to utilize Hawaii’s 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 Native 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 confirms 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 eighty-five 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 native 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 native 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 a decade. 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 Report No. 4, 2002 authored by the Legislative Reference Bureau in response to senate concurrent resolution 113 (2001), the current charter school law needs clarification pertaining to resources (for example, impact on the department of education budget, paying for facilities and utilities, 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 (for example, assistance without compliance, special education issues and monitoring schools for compliance), and start-up/shut-down (including, 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 legislature further finds that the Hawaiian system of public education has been one of the worst in the nation for decades and is in desperate need of bold synergistic solutions, out-of-the-box thinking, and greatly enhanced public-private partnerships. In spite of abiding concerns regarding a wide variety of issues, charter schools offer one promising means of educational reform. As they permanently reside at the bottom of all indices of socio-economic welfare, few sectors within Hawaiian society could benefit as much from enhanced educational opportunities as the host culture of these islands – Hawaiians, as defined in section 10-2, Hawaii Revised Statutes. A Hawaiian charter school district, with adequate autonomy, could be a vehicle to help the Hawaiians and other people to help themselves by achieving self-determination of their own educational future.

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 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 Hawaii's public school system.

Finally, the legislature finds that the federal government strongly supports charter schools. However, due to the restriction in the existing charter school law which caps the number of start-up charter schools at twenty-five; a capacity which has already been reached, the existence of only one charter agency, and the fact that Hawaii has only one local educational agency, the State of Hawaii is consequently ineligible for millions of dollars of federal charter 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 all areas with high concentrations of native 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 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 FOCUSED CHARTER SCHOOLS

§302A-A Hawaiian charter school district; established. (a) There is established a noncontiguous Hawaiian charter school district that may consist of existing Hawaiian focused charter schools established pursuant to subpart D, as well as other Hawaiian focused charter schools, within all counties of the State.

(b) This noncontiguous Hawaiian charter school district shall have local educational agency status, in order to qualify for federal funding.

(c) The Hawaiian charter school district shall be exempt from the provisions of chapter 103D, but shall develop rules 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 its records shall be subject to chapter 92F.

(d) The Hawaiian charter school district, the schools contained within, and the Hawaiian charter school council shall be independent of and shall not be subject to the authority or control of the department of education, the board of education, and the superintendent of education pursuant to sections 302A-1101 and 302A-1102.

§302A-B Hawaiian charter school council; established.

(a) The noncontiguous Hawaiian charter school district shall be monitored by an eight member Hawaiian charter school council whose members initially shall be appointed by the governor. The council's voting members shall be subject to section 26-34; provided that the governor 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, four members from a list of not less than nine names submitted by existing Hawaiian focused charter schools, one kupuna from a list of not less than four names submitted by existing Hawaiian focused charter schools, and one non-voting student representative elected by the students of the existing Hawaiian focused charter schools. For purposes of this subsection, "kupuna" means a person with in-depth knowledge of the Hawaiian culture and history who can articulate that knowledge through stories, song, and dance.

(b) Once constituted, the Hawaiian charter school council shall elect its own chairperson and develop rules by which successor council members are to be appointed, elected, or removed.

(c) The Hawaiian charter school council shall be attached to the department for administrative purposes only, and 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 focused charter schools shall be transferred to the Hawaiian charter school council. All charter schools contained within this noncontiguous Hawaiian charter school district shall meet both statewide and cultural student performance standards as developed and adopted by the Hawaiian charter school council.

(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-C Funding for the Hawaiian charter school district.

(a) The Hawaiian charter school district shall receive a flat per-pupil allocation set by statute to be provided in a separate appropriation; provided that:

(1) Beginning in fiscal year 2003-2004, and every year thereafter, the allocation shall be based on the department of education's previous year financial report, and include 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, and no less than the average per-pupil expenditure for all public school children; and

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

(b) Prior to the start of each school year, the department of accounting and general services shall:

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

(c) In accordance with the federal No Child Left Behind program, the Hawaiian charter school district shall receive a separate, equitable allocation from the department's program identification EDN 150 and other special education funding, for special education students attending a Hawaiian focused charter school and for students from the community with special education needs who do not attend a Hawaiian focused charter school; provided that any increment to the per-pupil allocation made pursuant to this paragraph 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 focused charter schools allocated to the Hawaiian charter school district shall be no less than all other school 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 districts allocation.

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

(f) All additional funds that are generated by the Hawaiian charter school district, except funds 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 of Hawaii shall have first right, at no cost to the State, to all the assets and facilities of the Hawaiian charter school district.

§302A-D Hawaiian focused charter schools; establishment.

(a) Up to a total of twenty-five schools may be established as Hawaiian focused charter schools. Hawaiian focused 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 or conversion to a Hawaiian focused charter school under subsection (a), applicants for Hawaiian focused 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 or schools may submit a letter of intent to the Hawaiian charter school council to form a Hawaiian focused 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 focused 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-F. The plan shall include but not be limited to 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 educational standards, 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 focused 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 focused charter school to ensure that it meets the requirements of subsection (e) and section 302A-F. 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 subsection (e) and section 302A-F, the Hawaiian charter school council, by the sixtieth working day, 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; or

(2) Fails to meet the requirements of subsection (e) or section 302A-F, the Hawaiian charter school council:

(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 local 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 subsection (e) and section 302A-F, the Hawaiian charter school council, by the thirtieth working day, shall issue a charter to the proposed Hawaiian focused 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 subsection (e) or section 302A-F, 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 focused charter schools shall not charge tuition.

§302A-E Funding for the Hawaiian charter school district schools. (a) Hawaiian focused 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 focused charter schools within fifteen working days of receipt of the funds from the department of accounting and general services.

(b) Any additional funding for special education or funding for any other purposes received by the Hawaiian charter school district shall be disbursed to the Hawaiian focused charter schools, excluding, if applicable, no more than ten per cent of administrative costs, within 15 working days of receipt of the funds.

(c) All federal financial support for Hawaiian focused charter schools allocated to the Hawaiian focused charter schools shall be no less than all other public schools; provided that if administrative services are provided by the Hawaiian charter school district, the Hawaiian focused charter schools shall reimburse the Hawaiian charter school district for the actual costs of the administrative services in an amount not to exceed ten per cent of the Hawaiian charter school district's allocation.

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

(e) If, at any time, the Hawaiian focused 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) Facilities subsidies shall be made available to Hawaiian focused charter schools on the basis of equity and equality; provided that:

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

(2) Notwithstanding paragraph (1), facilities subsidies may be applied to mortgage payments if Hawaiian focused charter schools build their own facilities or substantially renovate rental facilities. Hawaiian focused charter schools that build their own facilities or that substantially renovate rented facilities shall receive facilities subsidies to pay their actual mortgage payment.

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

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

§302A-F Hawaiian district charter schools; exemptions. Schools designated as Hawaiian focused 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 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 focused 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 focused 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 focused charter schools shall be exempt from chapter 103D, but shall develop rules pursuant to chapter 91 for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices. Where possible, however, the Hawaiian focused 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 Hawaiian focused charter school to any other provision of chapter 103D. Hawaiian focused charter schools shall account for funds expended for the procurement of goods and services, and its records shall be subject to chapter 92F.

§302A-G Hawaiian focused charter schools; accountability. (a) Each Hawaiian focused 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 Hawaiian focused charter school; and

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

Each Hawaiian focused 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 council.

(b) Every five years, the Hawaiian charter school council shall conduct an evaluation of the effectiveness of the Hawaiian focused charter 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 focused charter school approach. The evaluation of the effectiveness of the Hawaiian focused charter school approach shall include the following factors:

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

(2) The level of parental satisfaction with the 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 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 approach has resulted in increased innovation and creativity;

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

(7) Whether or nor 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 compliance with the conditions, standards, and procedures entered into under a charter are 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 focused charter school does not meet student performance standards, or that the Hawaiian focused charter school is not fiscally responsible, a Hawaiian focused 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 focused 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 focused charter school.

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

§302A-H Hawaiian focused charter schools; administrative supervision. Whenever any Hawaiian focused 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 focused charter school, the Hawaiian charter school council shall represent the Hawaiian focused charter school in communications with the governor and with the legislature;

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

(3) The approval of all policies and rules adopted by the Hawaiian focused charter school shall be preceded by an open public meeting pursuant 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 focused charter school shall be determined by the Hawaiian focused 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 the Hawaiian focused 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 Representation by attorney general. The Hawaiian charter school council, Hawaiian charter school district and Hawaiian focused 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 provided to public schools, the department, and the board of education.

§302A-J Hawaiian focused 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 in the department, and representatives from other departments providing related services, to include but not limited to the department of health, department of accounting and general services, and representative from the unions, as well as individuals from the Hawaiian charter school district and Hawaiian focused charter schools shall collaborate together on a system of technical assistance that will provide a baseline for success of each Hawaiian focused 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 focused 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 Hawaiian charter school council, 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, 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, for the purpose of funding the establishment of a noncontiguous Hawaiian school district, a Hawaiian charter school council, and the hiring of necessary staff for the Hawaiian charter school district and council.

SECTION 5. The sum 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. This Act shall take effect upon its approval; provided that sections 3 and 4 shall take effect on July 1, 2003.