HOUSE OF REPRESENTATIVES

H.C.R. NO.

3

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

requesting the state public charter school commission to report on the criteria developed and prioritization advised for charter school facilities funding pursuant to section 302D-29.5, Hawaii Revised Statutes.

 

 


     WHEREAS, there are thirty-seven public charter schools in Hawaii serving nearly twelve thousand students statewide; and

 

     WHEREAS, these public charter schools are part of the state public education system under the authority of the Board of Education and the State Public Charter School Commission; and

 

     WHEREAS, public charter schools provide unique and valuable educational opportunities by exploring, developing, and implementing innovative education strategies, such as the integration of Hawaiian language, values, and history into culturally enriched curricula; and

 

     WHEREAS, the role of public charter schools as "innovation labs" for public education informs their potential to improve education standards in schools throughout Hawaii's public education system; and

 

     WHEREAS, there are two types of public charter schools in Hawaii: start-up charter schools that must procure their own operating facilities; and conversion charter schools that were converted from traditional Department of Education schools with pre-existing facilities; and

 

     WHEREAS, according to the State Public Charter School Commission's past testimonies to the Legislature, lease or rental payments constitute a substantial portion of the facilities expenses incurred by public start-up charter schools, who collectively spent over $5,300,000 on rent or lease payments for school facilities during the 2015-2016 school year; and

 

     WHEREAS, during the 2016-2017 school year, both start-up and conversion public charter schools spent an approximate total of $10,400,000 on rent and lease payments, repair and maintenance, and utilities payments; and

 

     WHEREAS, while section 302D-28, Hawaii Revised Statutes, mandates that the non-facility general fund per-pupil funding amount for public charter school students be equivalent to the non-facility general fund per-pupil base funding amount provided for traditional Department of Education schools, there is no provision to ensure equitable state funding for public charter schools' unique facilities expenses; and

 

     WHEREAS, accordingly, public charter schools, particularly start-up public charter schools, have had to use a significant amount of their already stretched per-pupil operational funds to pay for their facilities expenses; and

 

     WHEREAS, the lack of consistent state funding for public charter school facilities expenses may significantly limit their capacity to develop and provide innovative curricula for their students, as well as to serve as "innovation labs" for traditional Department of Education schools; and

 

WHEREAS, section 302D-29.5, Hawaii Revised Statutes, requires the Legislature to consider making an appropriation and bond authorization to the State Public Charter School Commission for the: design, planning, construction, repair, and maintenance of public charter school improvements; expansion or improvement of instructional space; provision of food services; and provision of restroom facilities; and

 

WHEREAS, despite the plain language of section 302D-29.5, Hawaii Revised Statutes, contemplating appropriations for the costs of instructional space, restroom facilities, and other improvements necessary or incidental to a public charter school's educational mission, questions have been raised regarding whether the scope of section 302D-29.5, Hawaii Revised Statutes, includes appropriations for lease or rental payments; and

 

     WHEREAS, section 302D-29.5, Hawaii Revised Statutes, tasks the State Public Charter School Commission to develop criteria to determine the distribution of any funds appropriated for public charter school facilities expenses, to include distribution based on the need and performance of the charter schools, overall benefit to the surrounding community, amount of risk and availability of recourse to the State, and whether a particular charter school received facilities funding through other state funding, including grants-in-aid or a separate appropriation; and

 

     WHEREAS, section 302D-29.5, Hawaii Revised Statutes, further establishes a Charter School Facilities Funding Working Group within the Department of Education, to act in an advisory capacity to prioritize the allocation of general fund appropriations and bond proceeds for public charter schools to expend based on the criteria established by the State Public Charter School Commission; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the Senate concurring, that the State Public Charter School Commission is requested to report on the criteria developed by the Commission, and prioritization advised by the Charter School Facilities Funding Working Group, for charter school facilities funding pursuant to section 302D-29.5, Hawaii Revised Statutes; and

 

     BE IT FURTHER RESOLVED that the State Public Charter School Commission, with input from the Charter School Facilities Funding Working Group, is requested to provide a report with recommendations, including any proposed legislation and any recommendations related to funding expenditures for lease and rental payments under section 302D-29.5, Hawaii Revised Statutes; and

 

BE IT FURTHER RESOLVED that the State Public Charter School Commission is requested to submit its report to the Legislature no later than twenty days prior to the convening of the Regular Session of 2020; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the State Public Charter School Commission, the Executive Director of the State Public Charter School Commission, the Chairperson of the Board of Education, the Superintendent of Education, the Comptroller, the Director of Finance, and the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

 

 

 

 

OFFERED BY:

_____________________________

 

By Request

Report Title: 

Requesting the State Public Charter School Commission to report on the criteria developed and prioritization advised for charter school facilities funding