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HOUSE OF REPRESENTATIVES

H.B. NO.

2482

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO NEW CENTURY CHARTER SCHOOLS.

 

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

SECTION 1. Section 302A-1185, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) New century charter schools shall receive an allocation of state general funds based upon the operational and educational funding requirements of the schools; provided that:

(1) Beginning in fiscal year 1999-2000, and every year thereafter, the auditor shall determine the appropriate allocation based on the total department general fund appropriation and per pupil [expenditure] allocation for the [previous] current fiscal year; provided that the per pupil allocation to any new century charter school shall not exceed the department's average per pupil [expenditure] allocation based upon the inclusion of similar cost items, in the [previous] current fiscal year; and provided further that in setting the allocation, the auditor shall explicitly consider the advice of the superintendent and representatives of local school superintendent and representatives of local school boards and indicate in the final determination the manner in which that advice was accommodated;

(2) Small schools with fewer than one hundred twenty students may be given a state subsidy or small school allotment, as determined by the department, to augment the per pupil allocation given; provided that if additional federal grant moneys are received, the auditor shall determine the appropriate portion of the federal grant moneys to be used to offset the small school allotment; provided further that the federal grant moneys shall not include federal impact aid;

(3) The department may provide a limited start-up and planning grant formulated by the auditor to a charter school upon the issuance of its charter;

(4) The auditor shall take into consideration any changes to the department's budget made by the legislature or the governor and any applicable collective bargaining negotiated amounts;

(5) The allocation for self-contained special education students and for other special education students shall be adjusted appropriately to reflect the additional expenses incurred for students in these programs; provided that any increment to the per pupil allocation made in this paragraph shall not exceed the increment available to all other public schools; and

(6) The auditor shall develop a methodology for allocating funds that can be applied to alternative forms of public schools, including but not limited to new century charter schools."

SECTION 2. Section 302A-1186, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1186 New century charter schools; accountability. (a) Every new century charter school shall conduct self-evaluations annually. The self-evaluation process shall include but not be limited to:

(1) The identification and adoption of benchmarks to measure and evaluate administrative and instructional programs as provided in this section;

(2) The identification of any administrative and legal barriers to meeting the benchmarks, as adopted, and recommendations for improvements and modifications to address the barriers;

(3) The impact of any changes made upon the students of the new century charter school; and

(4) A profile of the charter school's enrollment and community it serves.

Every new century charter school shall submit a report of its self-evaluation to the board within sixty working days after the completion of the school year; provided that the department shall have thirty working days to respond to any recommendation regarding improvements and modifications that would directly impact the department.

(b) The board shall initiate an independent evaluation of each new century charter school annually for the first two years after its establishment and every four years thereafter to assure compliance with statewide student content and performance standards and fiscal accountability; provided that each new century charter school established prior to July 1, 1998, shall be evaluated four years after July 1, 1998, and every four years thereafter. Upon a determination by the board that student achievement within a new century charter school does not meet the student performance standards, or that the new century charter school is not fiscally responsible, a new century charter school shall be placed on probationary status and shall have one year to bring student performance into compliance with statewide standards and improve the school's fiscal accountability. If a new century charter school fails to meet its probationary requirements, or fails to comply with any of the requirements of this section, the board, upon a two-thirds majority vote, may then deny the continuation of the new century charter school.

(c) The board of education may adopt guidelines to supplement accountability measures incorporated in the written performance contracts required under section 302A-1182. The board of education may adopt guidelines under which new century charter schools shall be reviewed on an annual basis by the board for the first two years upon their formation under section 302A-1182. The review guidelines may include:

(1) Minimum school size;

(2) Assurance that each school will be able to account for the funds allocated;

(3) Assurance that each school will be held accountable for student performance;

(4) Assurance that each school will meet legal standards for the expenditure of state and federal funds; and

(5) Assurance that each school will be in compliance with applicable state and federal laws.

(d) If the board's annual review finds that a school is not in compliance with this section or any other requirements of this subpart, the board shall direct the local school board to develop a compliance plan to be submitted to the board within sixty calendar days. Upon review of the compliance plan, the board at a public meeting shall set a deadline by which the school shall be required to achieve compliance. If a school fails to achieve compliance by the deadline, as determined by the board, the board at a public meeting may revoke the charter. The department shall assume operation of the school if the board, in consultation with the department, finds that it is financially feasible and if the parents and students of the former new century charter school make such request to the board in writing within thirty days after the revocation."

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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