Report Title:

New Century Conversion Charter Schools; Hawaiian Language

Description:

Establishes a means for nonprofit organizations to establish a Hawaiian medium in new century charter schools.

THE SENATE

S.B. NO.

2695

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to new century conversion charter schools.

 

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

SECTION 1. The legislature finds that it is imperative to revitalize the Hawaiian language for all the people of Hawaii through the use and study of the language. An instructional program in which children are taught the content of the regular education program through the medium of the Hawaiian language is vital to meet the goal of revitalizing the Hawaiian language. Such an instructional program would also help promote, strengthen, and maintain the Hawaiian language.

State promotion and use of Hawaiian would be served by facilitating the creation of new century conversion charter schools that use Hawaiian as the medium of instruction.

SECTION 2. Section 302A-1191, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) As used in this section:

"New century conversion charter school" means:

(1) Any existing department school that is managed and operated in accordance with subsection (d); [or]

(2) Any existing department school that is managed and operated by a nonprofit organization in accordance with this section, excluding subsection (d)[.]; or

(3) Any entity that meets the special Hawaiian language criteria of section (b)(7) and that is: an existing department school; an existing charter school; a portion of an existing department school or existing charter school; or a new school.

"Nonprofit organization" means a private, nonprofit, tax-exempt entity that:

(1) Is recognized as a tax exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended;

(2) Is domiciled in this State; and

(3) Makes a minimum annual contribution of $1 per pupil toward the operation of a new century conversion charter school for every $4 per pupil allocated by the charter school administrative office for the operation of the charter school.

(b) A nonprofit organization may submit a letter of intent to the board of education to operate and manage an existing public school as a new century conversion charter school, establish a local school board as its governing body, and develop a detailed implementation plan pursuant to section 302A-1182(c); provided that:

(1) The local school board as the governing body of the new century conversion charter school shall be composed of the board of directors of the nonprofit organization and not the participants specified in subsection (d)(1). The nonprofit organization may also appoint advisory panels of community representatives for each school managed by the organization, with whom the organization may consult; provided that these panels shall not have governing authority over the school and shall serve only in an advisory capacity to the nonprofit organization;

(2) The detailed implementation plan for each new century conversion charter school to be operated by the nonprofit organization shall be formulated, developed, and submitted by the local school board. The detailed implementation plan shall be approved by a majority of the votes cast by 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;

(3) After the detailed implementation plan for a new century conversion charter school operated and managed by the nonprofit organization has been approved by the new century charter school review panel and the board of education as provided in section 302A-1182(d) to (g), the board of education shall issue a charter, and the implementation plan shall be converted to a written performance contract between the nonprofit organization and the board of education, under which the new century conversion charter school shall be managed and operated as a division of the nonprofit organization;

(4) The board of directors of the nonprofit organization, as the governing body for the new century conversion charter school that it operates and manages, shall have the same protections that are afforded to the state board of education;

(5) Any new century conversion charter school that is managed and operated by a nonprofit organization shall be eligible for the same federal and state funding as other public schools; provided that the nonprofit organization may allocate federal and state funds among two or more of the new century conversion charter schools that it operates and manages to the extent permitted by law; [and]

(6) If, at any time, the new century conversion charter school dissolves or the charter is revoked, the State of Hawaii shall have first right, at no cost to the State, to all the assets and facilities of the new century conversion charter school, except as provided in the detailed implementation plan[.]; and

(7) When a new century conversion charter school that focuses on Hawaiian language achievement and is managed through the Hawaiian language by a qualifying nonprofit organization that is managed through the Hawaiian language, the following special conditions also shall apply:

(A) An existing department school or existing charter school may be converted to a new century charter school when approved by the applying nonprofit organization and by the department school's or existing charter school's governing board and by a majority of votes cast by existing administrative, support, and teaching personnel, and parents of the existing department school or existing charter school; provided that the school personnel may request their bargaining unit representative to certify and conduct the elections for their respective bargaining units;

(B) A portion of an existing department school or existing charter school conducted through the Hawaiian language may be converted to a new century charter school when approved by the applying nonprofit organization and by a majority of votes cast by existing affected 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;

(C) A new century charter school may consist of a new school serving students subject to public education services;

(D) A new century conversion charter school may consist of geographically noncontiguous classes, boarding schools, or cyber schools and may share facilities, programs, resources, administration, and funding with other public, charter, and private schools and colleges, as appropriate;

(E) All employees, including new and returning employees in new century charter schools in regular established job classifications, shall become members of an appropriate collective bargaining unit and accrue rights and benefits of their position, including return rights, tenure, and service rights accrued to their particular position in the agency to which they are assigned;

(F) A qualifying nonprofit organization may subcontract to a public or private college, an advisory panel as described under paragraph (1), other nonprofit and public entities, or a consortium, including one or more of these for aspects of management and operation of one or more of the new century conversion charter schools that it manages and operates; and

(G) Funds appropriated for the management and operation of the new century conversion charter school by either the department of education or other entities may be used for the purpose of teacher training, including training in skills in Hawaiian language and culture, for curriculum development, for joint administration, and for research, evaluation, and planning among other purposes appropriate for a laboratory school of the Hawaiian language college."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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