Report Title:
New Century Charter Schools; Funding, Regulation; LRB Study
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THE SENATE |
S.C.R. NO. |
113 |
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TWENTY-FIRST LEGISLATURE, 2001 |
H.D. 1 |
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STATE OF HAWAII |
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RESOLUTION
requesting the Legislative Reference Bureau to study the funding and regulation of new century charter schools.
WHEREAS, the concept of new century charter schools represented a new paradigm of reforming the public education system, improving student performance, and increasing accountability on the part of the community, parents, teachers, and school administration; and
WHEREAS, shortly after the law authorizing the establishment of new century charter schools (formerly known as student centered schools) took effect, there were complaints from charter schools about inadequate amount of funds being allocated by the Department of Education for their support; and
WHEREAS, shortly after the law authorizing the establishment of up to twenty-five new century charter schools took effect, there were complaints from the Department of Education about the inadequate amount of funds being appropriated by the Legislature for the support of these additional charter schools; and
WHEREAS, after the law authorizing the establishment of up to twenty-five new century charter schools took effect, there were no applications for conversions of existing public schools to charter schools; and
WHEREAS, since their inception, new century charter schools have been alternately praised as a meaningful departure from traditional pedagogics and "business as usual", and vilified as a drain on other schools' operating budgets and the equivalent of an underfunded legislative mandate; and
WHEREAS, the Department of Education, which has been characterized as being stingy, obstructionist, and unsupportive of the charter school movement, has itself complained about the burden that twenty-three additional charter schools will create for the rest of the public school system; and
WHEREAS, there is a need to identify incentives and remove disincentives to convert existing public schools to charter schools, especially those public schools with poor student performance or higher percentages of special needs, such as special education, higher rates of poverty, and immigrant and refugee populations; and
WHEREAS, dissatisfaction with the new century charter school law, the Department of Education, and the Legislature suggests that the funding and regulation of charter schools may need to be changed in order to better support charter schools and the rest of the public school system; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2001, the House of Representatives concurring, that the Legislative Reference Bureau is requested to study the funding and regulation of new century charter schools; and
BE IT FURTHER RESOLVED that in its study, the Legislative Reference Bureau is requested to consider the following issues:
(1) How much of a new century charter school's operating, capital investment, and research and development budgets should be raised by the local school board on its own and how much should the Department of Education fund;
(2) How the state general fund allocation to be received by a new century charter school can be computed so as to not adversely impact the overall budget of the Department of Education;
(3) How the Board of Education can provide technical assistance to a new century charter school without requiring the school to comply with the rules of the Department of Education;
(4) How an applicant for a charter to operate a new century charter school can appeal the decision of the Board of Education to not approve the applicant's completed implementation plan;
(5) How much of a new century charter school's repair and maintenance, and utilities budgets should a local school board raise on its own and how much should the Department of Education fund;
(6) How a new century charter school can comply with the requirements of the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Felix consent decree; and
(7) How a new century charter school can become more independent from the Department of Education, in terms of funding and regulation, while still remaining a "public school";
(8) Other issues raised in testimony on this Concurrent Resolution before legislative standing committees by the Superintendent of Education concerning the legal status, legal representation, funding, and oversight of charter schools;
and
BE IT FURTHER RESOLVED that the Legislative Reference Bureau and the Department of Education are requested to identify the most significant impediments to conversions of existing public schools; and
BE IT FURTHER RESOLVED that the Auditor, Department of Education, Department of Budget and Finance, Department of the Attorney General, Department of Health, and University of Hawaii College of Education, are requested to assist the Legislative Reference Bureau in studying the funding and regulation of new century charter schools and the issuance of charters to operate new century charter shcools; and
BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit its findings and recommendations to the Legislature not less than twenty days prior to the convening of the Regular Session of 2002; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of the Legislative Reference Bureau, Auditor, Chairperson of the Board of Education, Superintendent of Education, Director of Finance, Attorney General, Director of Health, Chairperson of the Board of Regents of the University of Hawaii, President of the University of Hawaii, and Dean of the University of Hawaii College of Education.