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 HD3)

THE SENATE

S.B. NO.

3148

TWENTY-SECOND LEGISLATURE, 2004

S.D. 2

STATE OF HAWAII

H.D. 3


 

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 the charter school movement has gained momentum nationwide as a way to encourage innovation and excellence in public education. Accountable directly to the students, parents, and communities they serve, charter schools are constantly developing novel ways to improve student achievement while providing an educational atmosphere that cannot be duplicated in a traditional public school.

Article X, section 4, of the Hawaii state constitution requires the State to 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. In Hawaii, many charter schools help to fulfill this mandate by engaging their students in Hawaiian history, culture, and language.

The purpose of this Act is to increase charter school autonomy, and empower them to obtain federal funding and other grants by establishing a host culture charter school district and a charter school district.

SECTION 2. 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 3 of this Act, charter school district council established under section 4 of this Act, 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 3. There is established as a five-year pilot demonstration project the host culture charter school district, to be monitored by a host culture district council. The host culture charter school district shall consist of host culture-focused charter schools from throughout the state that:

(1) Elect to become members of the district; and

(2) Are not members of the charter school district established under section 4 of this Act.

The host culture charter school district shall work in collaboration with the board of education, the superintendent of education, and the executive director of the charter school administrative office, but shall act as an independent entity in the exercise of its functions, duties, and powers as set forth in this Act.

For purposes of this Act:

"Charter school" shall have the same meaning as "new century charter school" in section 302A-101, Hawaii Revised Statutes.

"Host culture-focused charter school" means a new century charter school or new century conversion charter school that:

(1) Reflects programs initiated by Hawaiian communities;

(2) Works from a community-defined educational plan;

(3) Demonstrates support from the Hawaiian community in which the school is located;

(4) Commits to perpetuating Hawaiian culture, language, values, and traditions;

(5) Offers Hawaiian culture-based curriculum, instruction, and assessment;

(6) Supports charter schools ideals, including compliance with the Hawaii content and performance standards, promotion of a strengths-based focus, and encouragement of family and community involvement;

(7) Serves communities with high needs; and

(8) Shares, participates, and collaborates with other

charter schools.

The host culture charter school district shall not conduct operations unless at least four host culture-based charter schools elect to join the district.

There is established the host culture district council which shall have oversight responsibilities over the host culture charter school district. The host culture district council shall consist of one representative from each host culture-focused charter school electing membership in the host culture charter school district. The council shall elect a chairperson and develop guidelines for council operations.

The host culture charter school district, under the direction of the host culture district council, may:

(1) Hire staff to perform administrative functions, as deemed appropriate by the council;

(2) Develop course curricula and provide professional development opportunities, especially with regard to requirements under the federal No Child Left Behind Act of 2001;

(3) Pursue economies of scale to achieve cost-savings for schools within the district;

(4) Coordinate applications for federal, state, and nonprofit grants that further the purposes of the district;

(5) Research and pursue innovative approaches to accomplishing administrative functions within the district;

(6) Purchase services from the department of education through negotiated memoranda of understanding, or provide services through programs initiated by the district, including services related to:

(A) Personnel;

(B) Grant writing and administration;

(C) Technological systems;

(D) Curriculum development;

(E) Teacher training and certification programs; and

(F) Other programs deemed necessary by the council;

(7) Advise member schools regarding contracts and interpretation of statutes;

(8) Assist member schools in communicating with the charter school administrative office, department of education, board of education, and other federal, state, and county offices;

(9) Actively participate in educational reform efforts, including helping member schools develop programs that provide quality educational instruction and enable students to meet challenging academic standards;

(10) Monitor, evaluate, and assess student improvement and teacher and staff development; and

(11) Evaluate other duties to undertake to further the goals of the district, including determining requirements to attain and maintain local educational agency status.

After the first year of the pilot demonstration project, the host culture charter school district may seek local educational agency status for the purpose of obtaining additional federal funding.

All funds 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. The host culture charter school district shall retain seventy-five per cent of any funds provided for administrative expenses for federal grants initiated and obtained by the host culture charter school district.

If the host culture charter school district dissolves or is denied continuation, the State shall have first right to obtain, at no cost to the State, the assets of the host culture charter school district.

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 the host culture district council and host culture charter school district in the same manner and to the same extent as the attorney general provides legal services and representation to the board of education, department of education, and public schools.

The host culture district council shall submit an annual report to the legislature no later than twenty days before the convening of each regular session that includes:

(1) Accomplishments of the host culture charter school district and individual schools within the district;

(2) Plans and goals for the district, including:

(A) Any plans to seek local educational agency status; and

(B) The status of any federal grants or funding opportunities;

and

(3) Any proposed changes to the host culture charter school district, including suggested legislation.

SECTION 4. There is established as a five-year pilot demonstration project the charter school district, to be monitored by a charter school district council. The charter school district shall consist of new century charter schools from throughout the State that:

(1) Elect to become members of the district; and

(2) Are not members of the host culture charter school district established under section 3 of this Act.

The charter school district shall work in collaboration with the board of education, the superintendent of education, and the executive director of the charter school administrative office, but shall act as an independent entity in the exercise of its functions, duties, and powers as set forth in this Act.

The charter school district shall not conduct operations unless at least four charter schools elect to join the district.

There is established the charter school district council which shall have oversight responsibilities over the charter school district. The charter school district council shall consist of one representative from each charter school electing membership in the charter school district. The council shall elect a chairperson and develop guidelines for council operations.

The charter school district, under the direction of the charter school district council, may:

(1) Hire staff to perform administrative functions, as deemed appropriate by the council;

(2) Develop course curricula and provide professional development opportunities, especially with regard to requirements under the federal No Child Left Behind Act of 2001;

(3) Pursue economies of scale to achieve cost-savings for schools within the district;

(4) Coordinate applications for federal, state, and nonprofit grants that further the purposes of the district;

(5) Research and pursue innovative approaches to accomplishing administrative functions within the district;

(6) Purchase services from the department of education through negotiated memoranda of understanding, or provide services through programs initiated by the district, including services related to:

(A) Personnel;

(B) Grant writing and administration;

(C) Technological systems;

(D) Curriculum development;

(E) Teacher training and certification programs; and

(F) Other programs deemed necessary by the council;

(7) Advise member schools regarding contracts and interpretation of statutes;

(8) Assist member schools in communicating with the charter school administrative office, department of education, board of education, and other federal, state, and county offices;

(9) Actively participate in educational reform efforts, including helping member schools develop programs that provide quality educational instruction and enable students to meet challenging academic standards;

(10) Monitor, evaluate, and assess student improvement and teacher and staff development; and

(11) Evaluate other duties to undertake to further the goals of the district, including determining requirements to attain and maintain local educational agency status.

After the first year of the pilot demonstration project, the charter school district may seek local educational agency status for the purpose of obtaining additional federal funding.

All funds generated by the 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 charter school district. The charter school district shall retain seventy-five per cent of any funds provided for administrative expenses for federal grants initiated and obtained by the charter school district.

If the charter school district dissolves or is denied continuation, the State shall have first right to obtain, at no cost to the State, the assets of the host culture charter school district.

The charter school district council, charter school district, and charter schools within the charter school district 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 the charter school district council, charter school district, and charter schools within the charter school district in the same manner and to the same extent as the attorney general provides legal services and representation to the board of education, department of education, and public schools.

The charter school district council shall submit an annual report to the legislature no later than twenty days before the convening of each regular session that includes:

(1) Accomplishments of the charter school district and individual charter schools within the district;

(2) Plans and goals for the district, including:

(A) Any plans to seek local educational agency status; and

(B) The status of any federal grants or funding opportunities;

and

(3) Any proposed changes to the charter school district, including suggested legislation.

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 host culture charter school district, including hiring staff and paying for the operating expenses of the host culture district council.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 6. 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 charter school district, including hiring staff and paying for the operating expenses of the charter school district council.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2020, and shall be repealed on July 1, 2010; provided that on July 1, 2010, section 26-35.5, Hawaii Revised Statutes, shall be reenacted in the form in which it read on June 30, 2004.