Report Title:

Education; Charter Schools

Description:

Clarifies that new century charter schools are subject to state land use laws and county zoning laws; requires audit and inspection by the charter school administrative office.

HOUSE OF REPRESENTATIVES

H.B. NO.

995

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CHARTER SCHOOLS.

 

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

SECTION 1. Act 62, Session Laws of Hawaii 1999, enacted the new century charter schools law to provide for the creation of charter schools, provide procedures for their establishment and funding, and clarify the parameters of state and county regulation of charter schools. The concept of new century charter schools is to nurture the ideal of more autonomous and flexible decision-making at the school level. To accomplish this, Act 62 was intended to free charter schools from statutory and regulatory requirements that tend to inhibit or restrict a school's ability to make decisions relating to the provision of educational services to the students attending the school.

One area of controversy regarding regulatory exemptions for charter schools relate to county zoning laws. The legislature attempted to clarify this issue in H.B. No. 2911, C.D. 1, regular session of 2004. The measure provided that charter schools are subject to state land use laws and to county laws, codes, and rules governing land use. The measure also subjected charter schools to audit and inspection by the charter school administrative office. The measure was passed by the legislature and vetoed by the governor (Governor's Message No. 430) on the basis that "charter schools have had to struggle under laws that are unclear, incomplete, uncoordinated, and sometimes so oblique as to be unreasonable. ... [The] bill compounds the unfairness charter schools already suffer by singling charter schools out from all other state agencies and subjecting them to county zoning ordinances which other state agencies need not comply."

The legislature finds that the department of education schools are subject to county zoning ordinances and rules. The intent of H.B. No. 2911 was not to create an exemption from county zoning ordinances but instead to make charter schools comply with zoning ordinances to the same extent as all other department of education schools are required to comply. All other state agencies, including the department of education, are required to comply with county zoning ordinances and rules.

The purpose of this Act is to require new century charter schools to comply with state land use laws and county zoning laws and be subject to audit by the charter school administrative office.

SECTION 2. Section 302A-1184, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1184 New century charter schools; exemptions; civil service status. (a) Schools designated as new century charter schools shall be exempt from all applicable state laws[, except those regarding:]; provided that new century charter schools shall be subject to the state laws regarding:

(1) Collective bargaining under chapter 89; provided that:

(A) The exclusive representatives defined in chapter 89 may enter into agreements that contain cost and noncost items to facilitate decentralized decisionmaking;

(B) The exclusive representatives and the local school board of the new century charter school may enter into agreements that contain cost and noncost items;

(C) The agreements shall be funded from the current allocation or other sources of revenue received by the new century charter school; and

(D) These agreements may differ from the master contracts;

(2) Discriminatory practices under section 378-2; and

(3) Health and safety requirements.

(b) With regard to land use and zoning, new century charter schools shall be subject, in the same manner as other state departments and agencies without an applicable statutory exemption, to districting and classification of lands under section 205-2, county zoning under section 205-5, and any other county ordinance and rules regarding zoning.

(c) New century charter schools shall be exempt from the state procurement code, 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. However, where possible, the new century charter school is encouraged to use the provisions of chapter 103D; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption of chapter 103D and shall not subject the new century charter school to any other provision of chapter 103D. New century charter schools shall account for funds expended for the procurement of goods and services, and this accounting shall be available to the public[.] and be subject to audit and inspection by the charter school administrative office. In addition, notwithstanding any law to the contrary, as public schools and entities of the State, new century public charter schools shall not bring suit against any other entity or agency of the State of Hawaii.

[(b)] (d) Civil service employees of department of education schools shall retain their civil service status upon the conversion of their school to a new century conversion charter school. Positions in a new century conversion charter school that would be civil service in a department of education public school shall be civil service positions and subject to chapter 76. An employee with civil service status at a new century conversion charter school who transfers to another civil service position shall be entitled to all of the rights, privileges, and benefits of continuous, uninterrupted civil service."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:

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