HB946 CD1 HCCR157

CONFERENCE COMMITTEE REP. NO.157

Honolulu, Hawaii

, 2001

RE: H.B. No. 946

S.D. 2

C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 946, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to:

(1) Streamline the application process for charter schools by establishing a charter school review panel (panel) and submittal process timeline;

(2) Provide for provisional approval of charters;

(3) Establish the Board of Education (BOE) as final appeal and charter approval authority;

(4) Provide that the per pupil allocation to any charter school shall not exceed the Department of Education's (DOE's) average per pupil expenditure based upon a school of 320 students or less;

(5) Authorize rather than mandate the State to subsidize small schools with fewer than 100 students

(6) Require the panel and BOE to give priority in the consideration of proposals for new century charter schools to proposals submitted by schools which existed prior to the approval of the bill; and

(7) Appropriate funds for charter schools.

Your Committee on Conference finds that charter schools are important to the future of our educational system and our State, as a whole. This bill is intended to facilitate excellence in charter schools and give them the best opportunity to succeed.

While your Committee on Conference fully understands and believes that charter schools must be afforded significant freedom if they are to perform optimally, there have been significant problems with the charter approval process and the administration of these schools that require legislative action. As currently written, the charter school law makes the enforcement of even the most basic issues of health and safety difficult. These issues are of the utmost importance to your Committee on Conference. Charter schools should comply with all state and county laws and rules, and be open to inspection to demonstrate compliance.

Furthermore, your Committee on Conference finds that the accountability of charter schools must be ensured, especially with regard to fiscal matters. This bill makes significant improvements to the existing charter school law in the area of accountability. Your Committee on Conference also notes that with regard to financial accountability, audited financial statements that are provided at least annually and conform to generally accepted accounting principles are preferred.

Your Committee on Conference has amended this bill by:

(1) Clarifying that the panel shall review amended implementation plans;

(2) Lowering from 60 to 30 the number of days the panel has to review amended implementation plans;

(3) Eliminating the provision allowing applicants a second opportunity to amend their implementation plan;

(4) Calling for independent evaluations annually for the first 2 years instead of after 4 years of operation;

(5) Requiring that the per pupil allocation for charter schools be no greater than the DOE's average per pupil allocation, instead of basing the allocation on that for a public school with 320 students;

(6) Lowering the probationary period from 2 years to 1 year;

(7) Deleting the appropriation;

(8) Changing the effective date from July 1, 2010, to July 1, 2001; and

(9) Making technical, nonsubstantive changes for purposes of style and clarity.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 946, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 946, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ NORMAN SAKAMOTO, Chair		____________________________ KEN ITO, Co-Chair
		____________________________ NOBU YONAMINE, Co-Chair