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THE SENATE |
S.B. NO. |
1085 |
TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NEW CENTURY CHARTER SCHOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 302A-1181, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302A-1181[]] New century charter schools[.]; sunset. All schools previously designated as student-centered schools shall be designated as new century charter schools[.]; provided that any new century charter school established pursuant to section 302A-1183 shall be repealed on June 30, 2005."
SECTION 2. Section 302A-1183, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1183 New century charter schools; request for establishment and designation. (a) As an alternative to section 302A-1182(b), any community, group of teachers, or any program within an existing school may submit a letter of intent to the board for the establishment of a new century charter school.
(b) The authors of the letter of intent shall then develop a detailed implementation plan, pursuant to section 302A-1182(c); provided that the plan shall also include the appointment of an interim school board, address issues of personnel management, and align any funding for the design and construction costs of building or renovating the new century charter school with the state facilities plan. The superintendent shall provide support and guidance to the community in formulating a detailed implementation plan which is compliant with sections 302A-1182(c) and 302A-1184. Once completed, the detailed implementation plan shall be submitted to the board for review.
(c) The board shall have sixty days to review the completed implementation plan for the proposed new century charter school to ensure its compliance with sections 302A-1182(c) and 302A-1184. Unless the board finds that the plan conflicts with section 302A-1182(c) or 302A-1184, the governor, the superintendent, and the board shall issue a charter designating the proposed new century charter school as a new century charter school within sixty days, and the proposed implementation plan shall be converted into a written performance contract between the school and the board. The interim local school board shall establish the local school board pursuant to section 302A-1182(b) no later than ninety days after the governor, the superintendent, and the board have designated the school a new century charter school by charter. If, within sixty days after the submission of the plan, the board finds a conflict with section 302A-1182(c) or 302A-1184, it shall notify the authors of the letter of intent of the finding in writing to enable the authors of the letter of intent to appropriately amend the plan to resolve the conflict.
(d) This section shall be repealed on June 30, 2005."
SECTION 3. Section 302A-1185, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1185 New century charter schools; funding; allocations. (a) [New century charter schools shall receive an allocation of state general funds based upon the operational and educational funding requirements of the schools; provided that:
(1) Beginning in fiscal year 1999-2000, and every year thereafter, the auditor shall determine the appropriate allocation based on the total department general fund appropriation and per pupil expenditure for the previous year; provided that in setting the allocation, the auditor shall explicitly consider the advice of the superintendent and representatives of local school boards and indicate in the final determination the manner in which that advice was accommodated;
(2) Small] Beginning in fiscal year 2001-2002, each new century charter school shall receive an annual allocation of state general funds to be determined by the superintendent. Each school's annual allocation shall be based upon the total department general fund appropriation and per pupil expenditure for the previous year; provided that the superintendent shall take into consideration any changes to the department's budget made by the legislature or the governor and any applicable collective bargaining negotiated amounts; and provided further that the total allocation for any new century charter school shall not exceed the total amount that would have been allocated to any other public school. If administrative services are provided to the new century charter school by the department, the charter school shall reimburse the department for the actual costs of the administrative services in an amount that does not exceed six and one-half per cent of the charter school's annual allocation.
(b) Within available resources, the department may provide a limited start-up grant to a charter school upon the issuance of its charter, and schools with less than one hundred twenty students [shall] may be given a [state subsidy or] small school allotment, as determined by the department[, to augment the per pupil allocation given; provided that if additional federal grant moneys are received, the auditor shall determine the appropriate portion of the federal grant moneys to be used to offset the small school allotment; provided further that the federal grant moneys shall not include federal impact aid;
(3) The department may provide a limited start-up and planning grant formulated by the auditor to a charter school upon the issuance of its charter;
(4) The auditor shall take into consideration any changes to the department's budget made by the legislature or the governor and any applicable collective bargaining negotiated amounts;
(5) The allocation for self-contained special education students and for other special education students shall be adjusted appropriately to reflect the additional expenses incurred for students in these programs; provided that any increment to the per pupil allocation made in this paragraph shall not exceed the increment available to all other public schools; and
(6) The auditor shall develop a methodology for allocating funds that can be applied to alternative forms of public schools, including but not limited to new century charter schools].
[(b)] (c) All federal [and other financial support] funds allocated for new century charter schools shall be [no less than all other public schools; provided that if administrative services are provided to the charter school by the department, the charter school shall reimburse the department for the actual costs of the administrative services in an amount that does not exceed six and one-half per cent of the charter school's allocation. Any] determined by the superintendent based upon the types of funding received and the respective eligibility requirements; provided that any new century charter school shall be eligible to receive any supplementary financial grant or award for which any other public school may submit a proposal, or any supplemental federal grants limited to new century charter schools; provided further that if department administrative services, including funds management, budgetary, fiscal accounting, or other related services, are provided with respect to these supplementary grants, the charter school shall reimburse the department for the actual costs of the administrative services in an amount that does not exceed six and one-half per cent of the supplementary grant for which the services are used.
All additional funds that are generated by the local school boards, not from a supplementary grant, shall be separate and apart from allotted funds and may be expended at the discretion of the local school boards.
[(c)] (d) If, at any time, the new century charter school dissolves or is denied continuation, the State of Hawaii shall have first right, at no cost to the State, to all the assets and facilities of the new century charter school."
SECTION 4. Statutory material to be repealed is bracketed. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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