THE SENATE

S.B. NO.

833

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC CHARTER SCHOOLS.

 

 

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

 


SECTION 1. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"302D- Financial insolvency. (a) In the event that any public charter school becomes financially insolvent, the school shall be deemed to have surrendered its charter contract.

(b) If an authorizer determines that school closure is necessary, the authorizer shall develop a public charter school closure protocol as required under section 302D-19(a). The authorizer shall, in its sole discretion, determine whether to keep the school open to students and personnel for a set period of time for any reason, including to provide for a transition period for students or personnel."

SECTION 2. Section 302A-1143, Hawaii Revised Statutes, is amended to read as follows:

"302A-1143 Attending school in what service area. A person of school age shall be required to attend the school of the service area, as determined by the department, in which the person resides, unless:

(1) The person is enrolled in a Hawaiian language medium education program or charter school;

(2) A geographic exception to attend a school in another service area is requested and granted at the discretion of the department; [or]

(3) Out-of-service-area attendance is mandated by the department or by federal law[.]; or

(4) The person attends a public charter school and has been notified of the prospect of charter revocation or nonrenewal in accordance with section 302D-18 or of closure in accordance with section 302D-19."

SECTION 3. Section 302D-17, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) The authorizer shall have the authority to direct the governing board and the charter school to take appropriate action to immediately address serious health and safety issues that may exist at a charter school in order to ensure the health and safety of students and employees or mitigate significant liability to the State.

The board shall have the authority to direct the authorizer to take appropriate action to immediately address serious health and safety issues that may exist at a charter school in order to ensure the health and safety of students and employees and mitigate significant liability to the State.

The authorizer shall, in its sole discretion, determine whether the health and safety issues require school closure. If an authorizer determines that school closure is necessary, the authorizer shall develop a public charter school closure protocol as required under section 302D-19(a). The authorizer shall, in its sole discretion, determine whether to keep the school open to students and personnel for a set period of time for any reason, including to provide for a transition period for students or personnel."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.


 


 

Report Title:

Public Charter Schools; Financial Insolvency; Health and Safety; Closure; Public School Service Area; Geographic Exceptions

 

Description:

Establishes protocol for public charter schools in the event a school becomes financially insolvent. Authorizes school closure if determined necessary by an authorizer in the event of financial insolvency or due to health and safety issues. Allows a public charter school student who has been notified of the prospect of charter revocation or nonrenewal or school closure to enroll in a school outside of the student's service area. (SD1)

 

 

 

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