CONFERENCE COMMITTEE REP. NO. 113-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 3148

S.D. 2

H.D. 3

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

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. 3148, S.D. 2, H.D. 3, 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 measure is to:

(1) Allow the establishment of a noncontiguous host culture charter school district under the Board of Education to be monitored by a host culture district council as a five year pilot demonstration project; and

(2) Allow the establishment of a noncontiguous charter school district under the Board of Education.

Your Committee finds that charter schools are a valuable reform model that effectively educate a diverse array of students who may not be best served by traditional public schools. One such group of students includes the youth of the host culture of the State of Hawaii. Schools that serve them could become eligible for additional federal funding if a consortium of such schools were to be recognized as a noncontiguous charter school district, thus gaining credentials as a local educational authority.

However, these advantages should be made equally available to other charter schools, including those not focused on serving host culture students. Nevertheless, the creation of one or more noncontiguous charter school districts would be a major change in the policy environment affecting charter schools. This has the potential to significantly alter the relationships between government agencies, charter schools, and other key stakeholders in ways that may be unanticipated or counterproductive. In order to maximize the potentially positive results of creating one or more noncontiguous charter school districts, a careful study should be conducted first.

Your Committee has amended the measure by requiring the Legislative Reference Bureau to conduct a feasibility study to be submitted to the Legislature no later than twenty days prior to the regular session of 2005:

(1) Regarding the establishment of a noncontiguous host culture charter school district and noncontiguous charter school district; and

(2) Examining and clarifying the relationships between government agencies, charter schools, and other key stakeholders that may be altered by creating such a district.

Your Committee has further amended the measure by exempting the Legislative Reference Bureau from chapter 103D of the Hawaii Revised Statutes for the purposes of this measure.

In conducting the study, the Legislative Reference Bureau shall review and consider, but not be limited to, the proposals set forth in Senate Bill 3148, S.D. 2 and Senate Bill 3148, S.D. 2, H.D. 3.

If the Legislative Reference Bureau is unable to conduct the study by itself out of available resources, the Legislature urges the Office of Hawaiian Affairs to work with the Legislative Reference Bureau to secure the necessary resources. This may include working with consultants or other entities deemed appropriate by the Legislative Reference Bureau.

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. 3148, S.D. 2, H.D. 3, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 3148, S.D. 2, H.D. 3, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

ROY TAKUMI, Co-Chair

____________________________

NORMAN SAKAMOTO, Co-Chair

____________________________

EZRA KANOHO, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair

____________________________

BERTHA C. KAWAKAMI, Co-Chair

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BRIAN T. TANIGUCHI, Co-Chair