Report Title:

Education; New Century Charter Schools

Description:

Subjects new century charter school accountings for goods and services expenditures to audit and inspection by the charter school administrative office. Exempts new century charter schools from compliance with state land use laws and specifically requires compliance with county health and safety and land use laws and requirements.

HOUSE OF REPRESENTATIVES

H.B. NO.

1400

TWENTY-THIRD LEGISLATURE, 2005

 

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. Section 302A-1184, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Schools designated as new century charter schools shall be exempt from all applicable state laws, except [those regarding]:

(1) [Collective] The collective bargaining law 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 new century 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 new century charter school; and

(D) These agreements may differ from the master contracts;

(2) [Discriminatory practices] The discriminatory practices law under section 378-2; [and]

(3) Health and safety requirements[.]; and

(4) Land use laws;

provided that new century charter schools shall be subject to county laws, codes, and rules governing land use and public health and safety.

New century charter schools shall be exempt from the state procurement code, chapter 103D, but shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices. However, where possible, the new century 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 new century charter school to any other provision of chapter 103D. New century charter schools shall account for funds expended for the procurement of goods and services, and this accounting shall be available to the public[.] and be subject to audit and inspection by the charter school administrative office. In addition, notwithstanding any law to the contrary, as public schools and entities of the State, new century public charter schools shall not bring suit against any other entity or agency of the State of Hawaii."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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