CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. NO.138-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 2512

S.D. 2

H.D. 2

C.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2512, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CHARTER SCHOOLS,"

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 purposes of this measure are to:

(1) Change the per pupil funding allocation;

(2) Establish transitional funding for conversion charter schools;

(3) Request the auditor to develop an allocation methodology for conversion charter schools; and

(4) Determine a calendar for the disbursement of allocations.

Your Committee finds that charter schools remain a viable model of education reform. However, as with all reform efforts in their early stages, certain modifications are needed to ensure their ongoing viability. This measure addresses those concerns. Your Committee also intends for this measure to improve the funding situation for charter schools by creating a clearer method of establishing funding allocations. With greater clarity, these allocations can be processed and disbursed to charter schools more promptly by the Department of Education (DOE).

Your Committee has amended the measure by inserting certain amended portions of S.B. No. 2036, S.D. 1, H.D. 2. These include:

(1) Lowering the cap from 25 charter schools to 23;

(2) Adding "organizational viability" and "compliance with applicable state laws" to those elements the Board of Education must consider when conducting independent evaluations;

(3) Defining "organizational viability"; and

(4) Adjusting section 302A-1182(a), Hawaii Revised Statutes, to reflect the amendments made by Act 2, Session Laws of Hawaii 2002.

Your Committee has further amended the measure by:

(1) Inserting language prohibiting charter schools from suing the State or its political subdivisions;

(2) Inserting language excluding from the per pupil allocation funds for:

(A) Services that must be provided at the state level;

(B) Specific programs or projects that target individual schools, complexes, or districts;

(D) Resources of new facilities that target specific, new construction projects;

(3) Adding language allowing charter schools to enter into an annual memorandum of agreement for centralized services to be provided by the DOE prior to the beginning of each school year, provided that:

(A) The allocation of the charter school shall be reduced in an amount based upon the per pupil amount expended by the department for such services; and

(B) The DOE may not retain new century charter school funds in excess of the actual cost of the service;

(4) Allowing charter school students the same opportunity to participate in athletics provided to students at other public schools, including the right to participate in a sport at any public school in the complex the charter school is located in if there is no comparable program at the charter school; and

(5) Changing the effective date to upon approval.

Your Committee notes that the measure passed the Senate with, and as recently in the legislative process as S.B. No. 2512, S.D. 2, H.D. 1, contained, language allowing teachers employed at charter schools to receive probationary and tenure status, and acquire seniority; provided that they fulfilled the requirements set forth for regular DOE school teachers. Your Committee considered proposed conference drafts of this measure reinstating this language. However, based upon assurances provided by collective bargaining agents and the Board of Education (BOE), tenure and seniority will be provided to former DOE teachers teaching in charter schools through agreements reached with the DOE based on policies approved by the BOE. In light of these policies and agreements, this issue can be resolved without legislative remedy.

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 S.B. No. 2512, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2512, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ KEN ITO, Co-Chair		____________________________ NORMAN SAKAMOTO, Chair
____________________________ SCOTT K. SAIKI, Co-Chair		____________________________ BOB NAKATA, Co-Chair
____________________________ NATHAN SUZUKI, Co-Chair		____________________________ BRIAN T. TANIGUCHI, Co-Chair