STAND. COM. REP. NO. 3032

Honolulu, Hawaii

RE:    H.B. No. 2205

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Education, to which was referred H.B. No. 2205, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHARTER SCHOOLS,"

begs leave to report as follows:

     The purpose and intent of this measure is to, among other things:

     (1)  Establish requirements for meeting minutes;

     (2)  Clarify that revocation and renewal proceedings shall not be subject to chapter 91, Hawaii Revised Statutes; and

     (3)  Authorize charter schools to assess fees and charges for co-curricular activities.

     Your Committee received testimony in support of this measure from the State Public Charter School Commission.  Your Committee received testimony in opposition to this measure from the Department of Education, Kamehameha Schools, Hawaii Public Charter School Network, Aha Punana Leo, Connections Public Charter School, Ke Kula ‘O Nāwahīokalani‘ōpu‘u Iki Laboratory Public Charter School, Hawaii Academy of Arts and Sciences Public Charter School, and two individuals.  Your Committee received comments on this measure from the Office of Information Practices and Office of Hawaiian Affairs.

     Your Committee finds that incremental but important refinements to the statutory framework governing Hawaii's public charter school sector are necessary.  Your Committee further finds that the Legislature did not intend the charter school law to include provisions for a contested case hearing between a school and its authorizer when Act 130 was enacted in 2012.  The State Public Charter School Commission, as an authorizer of charter schools, is expected to oversee and regulate charter schools to ensure that they are providing a quality education and that they are being responsibly managed.  For that reason, the Commission should have the authority to revoke or not renew contracts with charter schools who fail to meet the State's expectations on how public funds are spent.

     Your Committee has amended this measure by:

     (1)  Removing language exempting the Public Charter School Commission from the requirements of section 92-6, Hawaii Revised Statutes; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2205, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2205, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Education,

________________________________

MICHELLE N. KIDANI, Chair