STAND. COM. REP. NO. 2227

Honolulu, Hawaii

RE:    S.B. No. 2780

       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 S.B. No. 2780 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)  Authorize the State Public Charter School Commission to adopt interim rules;

     (2)  Establish requirements for meeting minutes; 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 Schools Commission.  Your Committee received testimony in opposition to this measure from Kamehameha Schools, Connections Public Charter School, Hawaii Academy of Arts and Science Public Charter School, Council for Hawaiian Advancement, Kua o ka La Public Charter School, and sixteen individuals.  Your Committee received comments on this measure from the Hawaii Public Charter Schools Network 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.  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 section 1 of the measure authorizing the State Public Charter School Commission to adopt interim rules;

     (2)  Clarifying that the calculation of when governing boards must post their meeting minutes shall be in calendar days;

     (3)  Clarifying that revocation and nonrenewal proceedings shall be governed by section 302D-18, Hawaii Revised Statutes, and not additionally subject to chapter 91, Hawaii Revised Statutes;

     (4)  Clarifying that the exemption to part I of chapter 92, Hawaii Revised Statutes, shall only apply to matters in which the State Public Charter School Commission has already rendered a decision in a public meeting; and

     (5)  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 S.B. No. 2780, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2780, 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