STAND. COM. REP. NO. 234

Honolulu, Hawaii

, 2005

RE: S.B. No. 1643

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Education and Military Affairs, to which was referred S.B. No. 1643 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

The purpose of this measure is to clarify and strengthen the laws governing new century charter schools.

Specifically, this measure:

(1) Changes the funding mechanisms for calculating charter school appropriations;

(2) Enables employees to move between public schools and charter schools;

(3) Authorizes the executive director to adopt administrative policies and procedures; and

(4) Allows new century charter schools to propose their own weighted student formula.

Testimony in support of the measure was submitted by the Charter School Administrative Office, Kualapuu Elementary School, Waimea Middle School, Kamehameha Schools, Hookakoo Corporation, and Hawaii League of Women Voters. The Hawaii State Teachers Association submitted testimony in opposition. Comments on the measure were submitted by the Department of Education, Department of Human Resources Development, Hawaii Government Employees Association, Office of Information Practices, the Governor, and Halau Ku Mana.

Your Committee finds that there are ambiguities and discrepancies in the current charter school statutes. This measure attempts to resolve 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 this Committee 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 much discussion and collaboration among the affected parties, your Committee has amended this measure by:

(1) Specifying that only the Board of Education can charter a new century charter school;

(2) Deleting the provision that the implementation plan shall include provisions for special education services;

(3) Requiring the Board of Education to clearly state its reasons for not issuing a charter;

(4) Clarifying that the local school board may resubmit the implementation plan addressing the Board of Education's concerns;

(5) Establishing appropriate policies regarding the movement of personnel between the department and new century charter schools;

(6) Clarifying accountability and probationary issues regarding the revocation of a charter;

(7) Requiring the board to initiate independent evaluations of the schools in a specific time frame;

(8) Specifying that no designated head of school shall serve as an officer on the local school board;

(9) Establishing a working group to determine the appropriate laws from which a new century charter school shall be exempt; and

    (10) Making technical, nonsubstantive amendments.

As affirmed by the record of votes of the members of your Committee on Education and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1643, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1643, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Education and Military Affairs,

____________________________

NORMAN SAKAMOTO, Chair