Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Education and Military Affairs and Water, Land, and Agriculture and Intergovernmental Affairs, to which was referred S.B. No. 950 entitled:

beg leave to report as follows:

The purpose of this measure is to require new century charter schools to comply with state land use laws and county zoning laws and be subject to audit and inspection by the Charter School Administrative Office.

The Charter School Administrative Office and Kamehameha Schools submitted comments on this measure.

Your Committees find that the current statute provides an exemption to new century charter schools from applicable state laws. Though the original intent of the exemption was to free these schools from statutory and regulatory requirements that tend to inhibit a school's ability to make appropriate decisions for its students, there have been complications resulting from conflicting interpretations of this exemption. As all other state agencies, including the Department of Education, are subject to state land use laws and county zoning ordinances, this measure clarifies that new century charter schools shall not be exempt from these requirements.

As affirmed by the records of votes of the members of your Committees on Education and Military Affairs and Water, Land, and Agriculture and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 950 and recommend that it pass Second Reading and be referred to the Committee on Ways and Means.