Report Title:

Education; Facilities; Charter Schools

Description:

Requires the department of education to consider making public school facilities available to charter schools, when public schools are closed.

HOUSE OF REPRESENTATIVES	H.B. NO.	907
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the department of education is considering closing certain non-charter public schools due to departmental financial constraints.  At the same time, some public charter schools face daunting obstacles such as the high cost of rent and less-than-desirable location of their facilities.  The purpose of this Act is to require the department of education to incorporate into its school-closing process an opportunity for public charter schools to relocate into the facilities formerly occupied by any non-charter public school that is being closed.

     SECTION 2.  Chapter 302B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302B-  Occupancy and use of facilities of public schools. (a)  When the department begins to consider whether to close any particular public school that is not a charter school, it shall simultaneously give reasonable consideration to making the facilities of the public school, if closed, available for occupancy and use by a charter school.

(b)  For purposes of this section:

"Reasonable consideration" includes but is not limited to:

(1) Promptly notifying all charter schools that the public school is being considered for closure;

(2) Affording each charter school an opportunity to submit a written explanation and justification of why the charter school should be considered for possible occupancy and use of the facilities of the public school if it is closed;

(3) Fully considering the charter school's submission; and

(4) Providing a written response to each charter school's submission after the submission has been fully considered.

As used in this section, "public school" means any school that falls within the definition of public schools in section 302A-101, except for charter schools."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request