STAND

STAND. COM. REP. NO.2793

Honolulu, Hawaii

, 2002

RE: S.B. No. 2919

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2919, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HAWAIIAN EDUCATION,"

begs leave to report as follows:

The purpose of this measure is to establish a new law for Hawaiian charter schools.

Specifically, this bill:

(1) Establishes a noncontiguous Hawaiian charter school district, a Hawaiian (charter) school board, and a District Superintendent for the Hawaiian charter school district; and

(2) Authorizes the establishment of up to twenty-five Hawaiian charter schools.

In addition, this measure appropriates an unspecified sum for fiscal year 2002-2003 for the purpose of funding the establishment of a noncontiguous Hawaiian school district and the hiring of necessary staff.

Your Committee finds that this measure replicates many features of the new century charter school law (chapter 302A, Hawaii Revised Statutes, part IV, subpart D). The most notable exceptions are that:

(1) Hawaiian charter schools are not exempt from the Hawaii Public Procurement Code (chapter 103D, Hawaii Revised Statutes) like new century charter schools;

(2) Applicants for Hawaiian charter school status must assert that:

(A) The majority of the student population are residents of Hawaii;

(B) The majority of the local school board of the school are residents of Hawaii; and

(3) The Hawaiian charter school review panel consists of nine members whereas the new century charter school review panel consists of seven members; and

(4) The financial requirements for state funds of Hawaiian charter schools are to be submitted through the Board of Education in a budget request separate from the Department of Education whereas the financial requirements of new century charter schools are included in the budget for the Department of Education.

Your Committee has amended this measure by:

(1) Deleting all references to a Hawaiian school board and referring instead to the Board of Education;

(2) Requiring funding for Hawaiian charter schools to be determined pursuant to the law that governs funding for new century charter schools (i.e., section 302A-1185(a) and (b), Hawaii Revised Statutes);

(3) Making sections 26-35.5 (members of boards and commissions; immunity from or indemnification for civil liability; defense of members), 302A-1302 (school-based budget flexibility), and 302A-1505 (prioritization of repair and maintenance), Hawaii Revised Statutes, applicable to Hawaiian charter schools and the local school boards of Hawaiian charter schools to the same extent that they apply to new century charter schools and the local school boards of new century charter schools; and

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

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2919, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2919, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

		____________________________ BRIAN T. TANIGUCHI, Chair