SB1643 CD1 CCR119

CONFERENCE COMMITTEE REP. NO. 119

Honolulu, Hawaii

, 2005

RE: S.B. No. 1643

S.D. 2

H.D. 2

C.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

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. 1643, S.D. 2, H.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 measure is to make various clarifying amendments to the charter school statutes including the following:

(1) Creating a Task Force on Charter School Governance;

(2) Ensuring more equitable and stable funding for the basic operations of new century charter schools, including:

(a) Establishing and providing funding for a per pupil allocation funding mechanism;

(b) Requiring that funds be requested for fringe benefit costs and collective bargaining increases for charter school employee members of collective bargaining units;

(d) Providing charter schools with access to federal education funds;

(3) Allowing charter school employees to participate in the State's workers' compensation system;

(4) Ensuring compliance with federal regulations under the Individuals with Disabilities Education Act;

(5) Clarifying administrative hearing procedures relating to the education of handicapped children; and

(6) Appropriating funds for these various purposes.

Your Committee on Conference finds ambiguities and discrepancies in the current charter school statutes. This measure assists in resolving many of the problematic issues by clarifying statutory language. Some of these issues were brought to light in the Auditor's report regarding the Na Wai Ola Waters of Life Charter School audit, while other issues have become apparent when employees requested transfers between the Department of Education schools and new century charter schools.

It is the intention of your Committee on Conference to assist new century charter schools to achieve a more equitable and fair administrative structure to encourage their growth and assistance to the State in education.

Upon further consideration, your Committee on Conference has made the following amendments:

(1) Clarifying the definitions for public schools and new century charter schools;

(2) Replacing the authority over appointing a business community member to the new century charter school review panel from the executive director to the chairperson of the board of education;

(3) Clarifying that new century charter schools are exempt from chapter 92;

(4) Changing the authority and establishing the process of the Board of Education to conduct necessary evaluations and a probationary system;

(5) Amending the definition of "organizational viability";

(6) Requiring approval from the charter school administrative office for deductions to per-pupil allocations;

(7) Clarifying the funding and appropriation process for new century charter schools;

(8) Appropriating $50,000 for the task force;

(9) Appropriating $1.2 million for fiscal year 2005-2006 and $1.5 million for fiscal year 2006-2007;

(10) Deleting language relating to the Individuals with Disabilities Act;

(11) Changing the effective date; and

(12) Making technical, nonsubstantive amendments for the purposes of clarity and style.

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. 1643, 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. 1643, 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

____________________________ ROY TAKUMI, Co-Chair		____________________________ NORMAN SAKAMOTO, Chair
____________________________ KIRK CALDWELL, Co-Chair		____________________________ RUSSELL S. KOKUBUN, Co-Chair
____________________________ DWIGHT TAKAMINE, Co-Chair