§302D-1 Definitions. Whenever used in this chapter, unless the context otherwise requires:
"Authorizer" means an entity established under this chapter with chartering authority to review charter applications, decide whether to approve or deny charter applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to authorize, renew, deny renewal of, or revoke charter contracts. The term may include the commission when appropriate.
"Board" means the board of education.
"Charter" means a charter application as approved by an authorizer.
"Charter application" means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status.
"Charter contract" means a fixed-term, bilateral, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract.
"Charter school" or "public charter school" refers to those public schools and their respective governing boards, as defined in this section, that are holding charter contracts to operate as charter schools under this chapter, including start-up and conversion charter schools, and that have the flexibility and independent authority to implement alternative frameworks with regard to curriculum, facilities management, instructional approach, virtual education, length of the school day, week, or year, and personnel management.
"Commission" means the state public charter school commission established pursuant to [section] 302D-3 as a statewide authorizer.
"Conversion charter school" means:
(1) Any existing department school that converts to a charter school and is managed and operated in accordance with section 302D-14;
(2) Any existing department school that converts to a charter school and is managed and operated by a nonprofit organization in accordance with section 302D-14; or
(3) A newly created school consisting of programs or sections of existing public school populations that are funded and governed independently and may include part of a separate Hawaiian language immersion program using existing public school facilities.
"Department" means the department of education.
"Governing board" means the independent board of a public charter school that is party to the charter contract with the authorizer that:
(1) Is responsible for the financial, organizational, and academic viability of the charter school and implementation of the charter;
(2) Possesses the independent authority to determine the organization and management of the school, the curriculum, and virtual education;
(3) Has the power to negotiate supplemental collective bargaining agreements with exclusive representatives of their employees and is considered the employer of charter school employees for purposes of chapters 76, 78, and 89; and
(4) Ensures compliance with applicable state and federal laws.
"Nonprofit organization" means a private, nonprofit, tax-exempt entity that:
(1) Is recognized as a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code; and
(2) Is domiciled in this State.
"Organizational viability" means that a charter school:
(1) Has been duly constituted and operates in accordance with its charter;
(2) Has a governing board established in accordance with law and the charter school's charter;
(3) Employs sufficient faculty and staff to provide the necessary educational program and support services to operate the facility in accordance with its charter;
(4) Maintains accurate and comprehensive records regarding students and employees as determined by its authorizer;
(5) Meets appropriate standards of student achievement as defined by the board pursuant to its duties under article X, section 3, of the Constitution of the State of Hawaii;
(6) Cooperates with board and authorizer requirements in conducting its functions;
(7) Complies with applicable federal, state, and county laws and requirements;
(8) In accordance with authorizer guidelines and procedures, is financially sound and fiscally responsible in its use of public funds, maintains accurate and comprehensive financial records, operates in accordance with generally accepted accounting practices, and maintains a sound financial plan;
(9) Operates within the scope of its charter contract and fulfills obligations and commitments of its charter;
(10) Complies with all health and safety laws and requirements;
(11) Complies with all authorizer directives, policies, and procedures; and
(12) Complies with all board policies deemed applicable to charter schools by the board.
"Start-up charter school" means a new school established under section 302D-13. [L 2012, c 130, pt of §2; am L 2013, c 159, §3]