Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Education and Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1021, H.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure, as received by your Committees, is to allow the University of Hawaii Board of Regents to establish new century charter schools using the Hawaiian language as their primary instructional mode through the University of Hawaii at Hilo College of Hawaiian Language.

Testimony in support of this measure was submitted by Ke Kula 'o Samuel M. Kamakau Laboratory Public Charter School, the President of the Faculty Senate of the University of Hawaii at Hilo College of Hawaiian Language, the Director of the University of Hawaii at Hilo College of Hawaiian Language, and Ka Lahui Hawaii. Testimony in opposition to this measure was submitted by the Board of Education and the Department of Education. The Hawaii Government Employees Association Local 152 submitted comments.

Your Committees find that the Legislature authorized the creation of public charter schools to provide students and parents with a choice of educational philosophies and learning environments within the public school system. Your Committees further find that this measure will expand the charter school concept in Hawaii by providing another means to engage in the study of the Hawaiian language, and the College of Hawaiian Language would serve as a good incubator for a laboratory school program using Hawaiian as its primary medium of education.

Your Committees further note that while many charter schools have been established, the method of determining funding for the schools has been an ongoing challenge, to the extent that it threatens the continuing existence of the public charter schools. Additionally, placing the responsibility for administrative support and oversight of the charters with the Department of Education has only provided an increased burden on the department at a time when it is faced with looming budget cuts and special education requirements that are taxing its infrastructure. Thus, your Committees agree that in order for the charter schools to succeed, adequate resources and support must be provided to assure that the legislative intent of school choice for Hawaii's students and families is fulfilled.

Your Committees have amended this measure by inserting the provisions of S.B. No. 1700, S.D. 1, as it was transmitted to the House of Representatives to ensure that any conflicts of law that would occur if the provisions contained in both H.B. No. 1021, H.D. 1, and S.B. No. 1700, S.D. 1, were adopted, can be resolved during the conference period.

As affirmed by the records of votes of the members of your Committees on Education and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1021, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1021, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.