Hawaii-2010-HB1686-Introduced

SECTION 1. Chapter 302B, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

"§302B-A Base budget for charter school operations. (a) The department shall determine the per-pupil allocation for charter school operations by adding all other expenses to the appropriation for charter schools, and dividing that sum by the number of public school students including charter school students projected to be enrolled for the upcoming school year.

For the purposes of this subsection, "all other expenses" means the department's general fund appropriation for the department's operations for the current fiscal year, minus the following:

(1) State-level expenses, such as expenses relating to collecting and reporting state-level data to federal agencies and national organizations;

(2) Special education expenses;

(3) Expenses relating to programs outside the kindergarten to grade twelve curriculum, such as the after-school plus program and adult education; and

(4) Facility maintenance expenses.

(b) Beginning with fiscal year 2009-2010, and each fiscal year thereafter, the base budget for charter school operations shall be the per-pupil allocation for charter school operations determined pursuant to subsection (a), multiplied by the total number of charter school students projected to be enrolled for the upcoming school year.

(c) There is established within the department of education a committee to review and confirm the accuracy of the department's determination of the per-pupil allocation for charter school operations pursuant to subsection (a). The committee shall submit a report of its review to the superintendent of education and executive director of the office. If the committee determines that the per-pupil allocation for charter school operations is inaccurate pursuant to subsection (a), the department shall adjust the per-pupil allocation for charter school operations accordingly.

(d) The composition of the committee shall be determined by the board of education based on recommendations from the superintendent of education and executive director of the office and shall include:

(1) Members with the appropriate professional skills, experiences, and qualifications needed to facilitate the work of the committee; and

(2) Members who are representatives of the department and the charter schools.

The shall chair the committee.

(e) The members of the committee shall serve at the pleasure of the board of education and shall not be subject to section 26-34. Members of the committee shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

§302B-B Base budget adjustments for charter school operations. (a) If the verified student enrollment for the upcoming school year, as determined in September of each year, exceeds the projected student enrollment used in determining the base budget for charter school operations pursuant to section 302B-A, the department shall transfer sufficient funds to the office for distribution to the charter schools. If the verified student enrollment for charter schools is less than the projected student enrollment used in determining the base budget for charter school operations pursuant to section 302B-A, the office shall transfer sufficient funds to the department.

(b) The base budgets for departmental school operations and for charter school operations, if reduced, shall be reduced by the same proportion.

§302B-C Base budget for start-up charter school facilities. Beginning with fiscal year 2009-2010, and each fiscal year thereafter, the base budget for start-up charter school facilities shall be equal to:

(1) The general fund appropriation for facility maintenance expenses for departmental schools and conversion charter schools, in addition to the amount of debt service allocated therefor;

(2) Divided by the total number of students projected to be enrolled in departmental schools and conversion charter schools for the upcoming school year; and

(3) Multiplied by the projected start-up charter school student enrollment for the upcoming school year.

§302B-D Base budget adjustments for start-up charter school facilities. (a) If the verified student enrollment for the upcoming school year, as determined in September of each year, exceeds the projected student enrollment used in determining the base budget for start-up charter school facilities pursuant to section 302B-C, the department shall transfer sufficient funds to the office for distribution to the charter schools. If the verified student enrollment for charter schools is less than the projected student enrollment used in determining the base budget for start-up charter school facilities pursuant to section 302B-C, the office shall transfer sufficient funds to the department.

(b) The base budgets for departmental school and conversion charter school facilities, and for start-up charter school facilities, if reduced, shall be reduced by the same proportion."

SECTION 2. Section 302B-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The executive director, under the direction of the panel and in consultation with the charter schools, shall be responsible for the internal organization, operation, and management of the charter school system, including:

(1) Preparing and executing the budget for the charter schools, including submission of the budget request to the board, the governor, and the legislature;

(2) Allocating annual appropriations to the charter schools pursuant to sections 302B-A to 302B-D, and distribution of federal funds to charter schools;

(3) Complying with applicable state laws related to the administration of the charter schools;

(4) Preparing contracts between the charter schools and the department for centralized services to be provided by the department;

(5) Preparing contracts between the charter schools and other state agencies for financial or personnel services to be provided by the agencies to the charter schools;

(6) Providing independent analysis and recommendations on charter school issues;

(7) Representing charter schools and the charter school system in communications with the board, the governor, and the legislature;

(8) Providing advocacy, assistance, and support for the development, growth, progress, and success of charter schools and the charter school system;

(9) Providing guidance and assistance to charter applicants and charter schools to enhance the completeness and accuracy of information for panel review;

(10) Assisting charter applicants and charter schools in coordinating their interactions with the panel as needed;

(11) Assisting the panel to coordinate with charter schools in panel investigations and evaluations of charter schools;

(12) Serving as the conduit to disseminate communications from the panel, the board, and the department to all charter schools;

(13) Determining charter school system needs and communicating those needs to the panel, the board, and the department;

(14) Establishing a dispute resolution and mediation process; and

(15) Upon request by one or more charter schools, assisting in the negotiation of a collective bargaining agreement with the exclusive representative of its employees."

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2009.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1686
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII