HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2020
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. The legislature finds that the Center for Education Reform has noted that the creation of multiple charter school authorizers is one of the most important components of a strong charter school law. Approximately seventy-eight per cent of the nation's charter schools are located in states with multiple charter school authorizers. These states are also home to the highest quality charter schools, as evidenced by test scores, numerous credible research studies, and continuous observation.
The purpose of this Act is to require the legislature, should the board of education grant chartering authority to authorizers other than the state public charter school commission, to appropriate funds to the commission and all other authorizers based on a per-pupil allocation.
SECTION 2. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Multiple authorizers; funding. (a) If the board, pursuant to section 302D-4, grants chartering authority to an authorizer other than the commission, the legislature shall appropriate funds to each authorizer based on a per-pupil allocation and in the same manner as allocations are made to the charter schools pursuant to section 302D-28.
(b) Beginning with the 2020-2021 fiscal year, the legislature shall make an appropriation to each authorizer that is separate from and in addition to any appropriation made to charter schools pursuant to sections 302D-28 and 302D-29.5.
(c) The board shall adopt rules pursuant to chapter 91 to implement this section.
(d) As used in this section, "authorizer" means an entity to whom the board has granted chartering authority pursuant to section 302D-4."
SECTION 3. Section 302D-20, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Transfer of a charter contract, and of oversight of that public charter school, from one authorizer to another before the expiration of the charter term shall not be permitted except by special petition to the board by a public charter school or its authorizer. The board shall review such petitions on a case-by-case basis and may grant transfer requests in response to special circumstances and evidence that such a transfer would serve the best interests of the public charter school's students. If the board grants the transfer request, the board shall manage the timely and orderly transfer of the charter contract and all applicable funding from the former authorizer to the new authorizer within ten calendar days of its granting of the transfer request."
SECTION 4. Section 302D-29.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Beginning with the 2016-2017 fiscal year, and
each fiscal year thereafter, the legislature shall consider making an
appropriation and bond authorization to [
the commission] each
authorizer for the design, planning, construction, repair, and maintenance
of public charter school improvements to address issues of health, safety, and
legal compliance; expand or improve instructional space; provide for food
services; or provide restroom facilities.
The appropriation and bond authorization for charter schools shall be
separate from, and in addition to, any appropriation made to charter schools
pursuant to this section and section 302D-28.
These amounts shall be prioritized for allocation by the charter school
facilities funding working group."
2. By amending subsections (d) and (e) to read:
"(d) There is established a charter school facilities funding working group within the department of education, which shall consist of the following members, or their designees:
(1) The chairperson of
the commission;] each authorizer;
(2) The executive
director of [
the commission;] each authorizer, as applicable;
(3) The director of finance;
(4) The comptroller;
(5) The superintendent of education;
(6) An individual with
expertise in real estate, to be appointed by the chairperson of the [
(7) An individual with
expertise in finance, to be appointed by the chairperson of the [
shall develop criteria to determine the distribution of funds appropriated
pursuant to subsection (a) to the charter schools. The criteria shall include distribution based
on the need and performance of the charter schools, overall benefit to the
surrounding community, amount of risk and availability of recourse to the
State, and whether a particular charter school received facilities funding
through other state funding, including grants-in-aid or a separate
The charter school facilities
funding working group shall be exempt from chapter 92 and shall act in an
advisory capacity to prioritize the allocation of general fund appropriations
and bond proceeds for public charter schools to expend based on the criteria
established by the [
Nothing in this section shall be construed as restricting the authority
the commission] each authorizer to support the facilities
needs of the charter schools through other means."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Charter Schools; Multiple Authorizers; Funding; Transfers
Provides that if BOE grants chartering authority to an authorizer other than the State Public Charter School Commission, the Legislature must appropriate funds to the Commission and any other authorizer based on a per-pupil allocation. Beginning with FY2020-2021, requires the Legislature to make an appropriation to the Commission and any other authorizer that is separate from and in addition to any appropriation made to charter schools pursuant to sections 302D-28 and 302D-29.5, HRS. Requires the transfer of the charter contract and all applicable funding from a former authorizer to a new authorizer within 10 calendar days of board approval. Makes conforming amendments.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.