Allows the DOE to contract out all or a portion of its after-school plus (A+) program. Establishes an after-school plus revolving fund. Exempts private providers of A+ services from civil service, compensation, and collective bargaining laws.

A BILL FOR AN ACT

SECTION 1. The legislature finds that there is a need to provide the department of education with increased flexibility in running its after-school plus (A+) program for children. This includes giving the department the option to contract out the entire program if it believes that privatization will provide the most efficient and economical service delivery while providing quality services. Accordingly, the purpose of this Act is to:

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- After-school plus (A+) revolving fund. There is established within the state treasury a revolving fund to be known as the after-school plus (A+) revolving fund, into which shall be deposited all fees collected pursuant to section 302A-408(b), and all other moneys received by the board in the form of appropriations, grants, or donations that are specifically earmarked for the purposes of the fund. The revolving fund shall be administered by the department and used only to pay for the costs of the after-school plus (A+) program administered by the department that have not been contracted out to private entities."

SECTION 3. Section 302A-408, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-408[]] After-school and weekend programs. (a) The department and the appropriate county agencies may establish and regulate programs of after-school and weekend community-school activities for children, including but not limited to day-care programs, arts and crafts, hula, ukulele, and other educational or recreational projects, wherever feasible, at public school and public park facilities. In addition to any appropriation of public funds, reasonable fees established by the agencies operating the programs may be collected from children enrolled, in the furtherance of particular programs. The appropriate agencies may obtain from time to time the services of persons in a voluntary or unpaid capacity, exempt from chapters 76 and 77, as may be necessary for carrying out the purposes of this section, and may regulate their duties, powers, and responsibilities when not otherwise provided by law. Any person whose services have been so accepted, while engaged in the performance of duty under this section, shall be deemed a state employee or an employee of a political subdivision, as the case may be, in determining the liability of the State or the political subdivision for the negligent acts of these persons.

(b) Notwithstanding any other law to the contrary, at the discretion of the department, the department may contract out pursuant to chapter 103D, either in whole or in part, the department's after-school plus (A+) program to private providers; provided that:

SECTION 4. Section 8 of Act 334, Session Laws of Hawaii 1990, is repealed.

["SECTION 8. Each respective school shall have the option to administer the pilot A+ program directly or to subcontract for services with a private entity; provided that any privately contracted services shall be substantially equivalent to or better in quality than those which are provided by other pilot A+ programs.

The procedures for contracting for private services shall be established by the department of education.

The monthly fees charged by the private provider shall be the same as charged by other pilot A+ programs. The private provider shall be reimbursed by the department of education on a monthly basis at a rate not to exceed the per pupil costs of pilot A+ programs at other department of education operated sites, after discounting for monthly fees collected from each appropriate pupil. The school shall provide the private contractor with appropriate school facilities at no cost.

Nothing shall restrict the private provider from providing before-school, vacation care, transportation, or other extra services at an additional fee."]

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.