Report Title:

Host Culture Charter Sch. Dist.; Noncontiguous Charter Sch. Dist.; Pilot Demonstration Proj.

Description:

Allows the establishment of a noncontiguous host culture charter school district under the board of education to be monitored by a host culture district council as a 5-year pilot demonstration project. Allows the establishment of a noncontiguous charter school district under the board of education. (SB3148 HD2)

THE SENATE

S.B. NO.

3148

TWENTY-SECOND LEGISLATURE, 2004

S.D. 2

STATE OF HAWAII

H.D. 2


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. The legislature finds that Article X, section 4 of the Hawaii 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 language, culture, and history in public schools. The constitution further states that the use of community expertise shall be encouraged as a suitable and essential means in furtherance of the Hawaiian education program.

The purpose of this Act is to provide opportunities to solidify existing host culture-focused charter schools by re-allocating current funding and providing opportunities for additional federal funding with 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 may be established as a five-year pilot demonstration project the noncontiguous host culture charter school district monitored by a host culture district council. This district may consist of existing host culture-focused charter schools within all counties of this State. There shall be no discrimination in these host culture-focused public charter schools on the basis of race, religion, sex, or ancestry. The noncontiguous host culture charter school district shall have local educational agency status, 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, and 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; fiscal management. (a) All funds that are generated by the host culture charter school district, which 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.

(b) If at any time the host culture 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 of the host culture charter school district.

(c) Host culture-focused charter schools shall be eligible to participate in tax-exempt bond programs.

§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; provided that the governor shall include the superintendent of education, 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 focused charter schools, one kupuna from a list of not less than four names submitted by existing host culture focused charter schools, and one student representative elected by the students of the existing host culture focused charter schools. The voting members of the host culture district council shall be subject to section 26-34.

(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 focused charter schools; accountability. (a) Each host culture-focused 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.

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

(1) If available, the pre- and post-host culture-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 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 school approach has resulted in increased innovation and creativity;

(6) The opportunities for teachers under the charter school approach;

(7) Whether or not there is an increased focus on low-achieving and gifted pupils;

(8) Any discrimination and segregation in host culture-focused 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 the compliance of 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 host culture district council that student achievement within a host culture-focused charter school does not meet the student performance standards, or that the host culture-focused charter school is not fiscally responsible, a host culture-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 host culture-focused 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 of the entire council, may then deny the continuation of the host culture-focused charter school.

(d) The host culture district council may adopt guidelines to supplement accountability measures.

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

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

(2) The financial requirements for state funds of the host culture focused 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 subpart, 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-focused charter schools in the exercise of its functions, duties, and powers; and

(4) Local school boards of host culture focused 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-F Host culture district council, host culture charter school district, and host culture-focused charter schools; representation by attorney general. The host culture district council, host culture charter school district, and host culture focused charter schools shall be 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 them 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-G Host culture-focused charter schools; mandate to support. The chair of the board of education charter school committee, the superintendent of education, the charter school executive director, as well as key representatives of the major divisions of the department of education, and representatives from other departments providing related services, including but not limited to:

(1) The department of health;

(2) The department of accounting and general services;

(3) The department of budget and finance;

(4) Representatives from public employee unions; and

(5) Individuals from the host culture charter school district and host culture focused charter schools

shall collaborate on a system of technical assistance that will provide a baseline for success of each host culture-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 growth of host culture-focused charter schools and the host culture charter school district."

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

"    . Charter School District

§302A-H Charter school district; established. There may be established as a five-year pilot demonstration project the noncontiguous charter school district. This district may consist of existing charter schools within all counties of this State. There shall be no discrimination in these host culture-focused public charter schools on the basis of race, religion, sex, or ancestry. This noncontiguous charter school district shall have local educational agency status, to qualify for equitable federal funding.

The noncontiguous 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 subpart, the board of education, the superintendent of education, or the charter school executive director shall not have the power to supervise or control the noncontiguous charter school district in the exercise of its functions, duties, and powers.

§302A-I Funding for the noncontiguous charter school district; fiscal management. (a) All additional funds that are generated by the noncontiguous charter school district, 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.

(b) If at any time the noncontiguous 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 of the noncontiguous charter school district.

(c) The noncontiguous charter school district shall be eligible to participate in tax-exempt bond programs.

§302A-J Noncontiguous charter school district; accountability. (a) Each charter school in the noncontiguous charter school district shall submit a report of its self-evaluation to the noncontiguous charter school district within sixty working days after the completion of the school year; provided that the noncontiguous charter school district shall have thirty working days to respond to any recommendation regarding improvements and modifications.

(b) During the fourth year, the noncontiguous charter school district shall conduct an evaluation of the effectiveness of the noncontiguous charter school district authorized under this subpart. Based on this evaluation, the noncontiguous charter school district shall directly report to the legislature and the governor with recommendations to modify, expand, or terminate the noncontiguous charter school district. The evaluation of the effectiveness of the noncontiguous charter school district shall include the following factors:

(1) If available, the pre- and post-host culture-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 other non-charter 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) The opportunities for teachers under the charter school approach;

(7) Whether or not there is an increased focus on low-achieving and gifted pupils;

(8) Any discrimination or segregation in the noncontiguous charter school district;

(9) The governance, fiscal, liability, and accountability practices and related issues between charter schools and the board of education;

(10) The manner in which the compliance of the conditions, standards, and procedures entered into under a charter are monitored;

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

(d) The noncontiguous charter school district may adopt guidelines to supplement accountability measures.

§302A-K Noncontiguous charter school district; representation by attorney general. The noncontiguous charter school district is 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 them 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-L Noncontiguous charter school district; mandate to support. The chair of the board of education charter school committee, the superintendent of education, the charter school executive director, as well as key representatives of the major divisions of the department of education, and representatives from other departments providing related services, to include but not limited to:

(1) The department of health;

(2) The department of accounting and general services;

(3) The department of budget and finance;

(4) Representatives from public employee unions; and

(5) Individuals from the noncontiguous charter school district and their member charter schools

shall collaborate on a system of technical assistance that will provide a baseline for success of each member 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 growth of the noncontiguous charter school district and their member schools."

SECTION 4. 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 host culture district council established under section 302A-C, 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 5. 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 establishment of a noncontiguous host culture charter school district and hiring of necessary staff and council.

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 sections 2 and 3 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 on July 1, 2020, and shall be repealed on July 1, 2010; provided that section 26-35.5, Hawaii Revised Statutes, is reenacted in the form in which it read on June 30, 2004.