SB807 SD1.DOC

SECTION 1. Section 302B-3, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:

"(i) The powers and duties of the panel shall be to:

(1) Appoint and evaluate the executive director and approve staff and salary levels for the charter school administrative office;

(2) Review, approve, or deny charter applications for new charter schools in accordance with section 302B-5 for the issuance of new charters; provided that applicants that are denied a charter may appeal to the board for a final decision pursuant to section 302B-3.5;

(3) Review, approve, or deny significant amendments to detailed implementation plans to maximize the school's financial and academic success, long-term organizational viability, and accountability. Charter schools that are denied a significant amendment to their detailed implementation plan may appeal to the board for a final decision pursuant to section 302B-3.5;

(4) Pursuant to section 302B-3.6, compile and submit prioritized lists of charter schools to the department and enter into necessary agreements with the department to authorize charter schools to use and occupy vacant public school facilities or portions of school facilities;

(5) Adopt reporting requirements for charter schools;

(6) Review annual self-evaluation reports from charter schools and take appropriate action;

(7) Adopt a clear process and rigorous organizational and educational criteria, including student achievement as a significant factor, for the authorization and reauthorization of school charters;

(8) Evaluate each school charter, for the purpose of determining reauthorization, no later than four years following the initial issue of a charter and every six years thereafter; provided that charter schools that are denied reauthorization may appeal to the board for a final decision pursuant to section 302B-3.5;

(9) Evaluate any aspect of a charter school that the panel may have concerns with and take appropriate action, which may include probation or revocation; provided that charter schools that have their charter revoked may appeal to the board for a final decision pursuant to section 302B‑3.5;

(10) Periodically adopt improvements in the panel's monitoring and oversight of charter schools;

(11) Periodically adopt improvements in the office's support of charter schools and management of the charter school system;

(12) Review, modify, and approve charter schools' all means of finance budget, based upon criteria and an approval process established by the panel;

(13) Survey all charter school facilities prior to, and in preparation for, determining recommendations to allocate non-per-pupil facilities funds to charter schools with facilities needs. The survey shall include, at minimum, for each charter school facility:

(A) The current status of the facility;

(B) Facilities costs, including all rents, leases, purchases, and repair and maintenance for lands and buildings;

(D) Any capital improvement projects underway or scheduled; and

(E) Whether the facility is a conversion or start-up charter school, and current and projected enrollment; and

(14) Evaluate and investigate charter schools when concerns arise that necessitate the resolution or assistance with the resolution of legal, fiscal, health, safety, and other serious issues."

SECTION 2. Section 302B-3.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302B‑3.5[]] Appeals; charter school applications, revocations, or detailed implementation plan amendments. The board shall have the power to decide appeals from decisions of the panel to deny the approval of a charter school application, deny reauthorization of a charter school, revoke a charter school's charter, or deny the approval of an amendment to a charter school's detailed implementation plan. An appeal shall be filed with the board within twenty-one calendar days of the receipt of the notification of denial or revocation. Only a party whose charter school application has been denied, whose charter has been revoked, or whose amendment to a detailed implementation plan has been denied may initiate an appeal under this section for cause. The board shall review an appeal and issue a final decision within sixty calendar days of the filing of the appeal. The board may adopt applicable rules and procedures pursuant to chapter 91 for implementing the appeals process."

SECTION 3. Section 302B-7, Hawaii Revised Statutes, is amended as follows:

"§302B-7 Charter school local school boards; powers and duties. (a) All local school boards, with the exception of those of conversion charter schools that are managed and operated by a nonprofit organization pursuant to section 302B‑6(e), shall be composed of, at a minimum, one representative from each of the following participant groups:

(1) Principals;

(2) Instructional staff members selected by the school instructional staff;

(3) Support staff selected by the support staff of the school;

(4) Parents of students attending the school selected by the parents of the school;

(5) Student body representatives selected by the students of the school; and

(6) The community at large.

(b) No chief executive officer, chief administrative officer, executive director, [or] otherwise designated head of a school, relative of a designated head of a school, or employee of a school may serve as the chair of the local school board.

(c) The local school board shall be the autonomous governing body of its charter school and shall be responsible for the financial and academic viability of the charter school, implementation of the charter, and the independent authority to determine the organization and management of the school, the curriculum, virtual education, and compliance with applicable federal and state laws. The local school board shall have the power to negotiate supplemental collective bargaining agreements with the exclusive representatives of their employees.

(d) Local school boards shall be exempt from chapter 103D, but shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices. Charter schools are encouraged to use the provisions of chapter 103D wherever possible; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption from chapter 103D and shall not subject the charter school to any other provision of chapter 103D.

(e) Charter schools and their local school boards shall be exempt from the requirements of chapters 91 and 92. The local school boards shall:

(1) Make available the notices and agendas of public meetings:

(A) At a publicly accessible area in the local school board's office or the charter school administrative office so as to be available for review during regular business hours;

(B) On the local school board's or charter school's internet website not less than six calendar days prior to the public meeting, unless a waiver is granted by the executive director in the case of an emergency; and

(2) Make available the minutes from public meetings on a timely basis in:

(A) The local school board's office or the charter school administrative office so as to be available for review during regular business hours; and

(B) On the local school board's or charter school's internet website.

(f) Charter schools and their local school boards shall develop internal policies and procedures consistent with ethical standards of conduct, pursuant to chapter 84.

[~~(f)~~] (g) The State shall afford the local school board of any charter school the same protections as the State affords the board."

SECTION 4. Section 302B-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The panel shall conduct a multi-year evaluation of each charter school on its fourth anniversary year and every [~~five~~] six years thereafter. The panel may from time to time establish a schedule to stagger the multi-year evaluations."

SECTION 5. (a) There is established within the department of education for administrative purposes only, a task force on charter school governance, accountability, and authority. The purpose of the task force shall be to provide clarity to the relationships, responsibilities, and lines of accountability and authority among stakeholders of the charter school system.

(b) The task force shall consist of the following members:

(1) The chair of the senate committee on education;

(2) The chair of the house of representatives committee on education;

(3) A representative from the office of the governor;

(4) The state ethics commissioner, or the commissioner's designee;

(5) A member of the board of education;

(6) The superintendent of education, or the superintendent's designee;

(7) The executive director of the charter school administrative office, or the executive director's designee;

(8) The chair of the charter school review panel, or the chair's designee;

(9) A representative from Kamehameha Schools;

(10) A representative from the Ho‘okako‘o Corporation; and

(11) A representative from a start-up charter school.

(1) Develop legislation or administrative rules that clearly and definitively designate the governance structure and authority between and among key charter school organizations and the department of education, the board of education, and the office of the governor; and

(2) Identify how the governance structure connects and relates to the state education agency and local education agency.

(d) The charter school administrative office shall be designated to provide administrative support, if necessary, to the task force.

(e) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2012.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	807
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII