Bill Text: HI SB3104 | 2016 | Regular Session | Amended
Bill Title: Department of Education; Public Charter Schools; Authorizers
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-02-18 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB3104 Detail]
Download: Hawaii-2016-SB3104-Amended.html
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THE SENATE |
S.B. NO. |
3104 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC CHARTER SCHOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. In 2011, the legislature established the charter school governance, accountability, and authority task force pursuant to section 7 of Act 130, Session Laws of Hawaii 2011. The task force developed proposed legislation for creating a governance structure for Hawaii's charter school system with clear lines of authority and accountability to foster improved student outcomes. The legislature adopted many of the recommendations of the task force in Act 130, Session Laws of Hawaii 2012, including the recommendation that the State allow for multiple entities, known as "authorizers," to approve or deny organizations seeking to become a charter school and existing charter schools seeking to continue operating.
Multiple authorizers, as recommended by the National Association of Charter School Authorizers, act as a check against the unnecessary growth of a single authorizer. Under a single authorizer system, as a state increases the number of charter schools, the authorizer receives more funds. This causes the authorizer to hire more staff and generate more charter school regulations, ultimately decreasing charter schools' abilities to innovate and excel. With multiple authorizers, charter schools can switch authorizers if one becomes too overbearing.
Hawaii currently has only one authorizer, the state public charter school commission. The commission has jurisdiction over all thirty-four charter schools in Hawaii, which is far beyond the ten to twelve schools recommended by the National Association of Charter School Authorizers. This expansive jurisdiction has been attributed, in part, to the commission's use of a one-size-fits-all model for all charter schools, difficulty encountered by charter school staff in communicating with commissioners, and excessive charter school compliance requirements that consume administrators' time and attention that could be spent on students and teachers. Charter school employees have also voiced concern that the commission tends to focus on charter school compliance through a negative and reactionary manner, instead of encouraging, supporting, and providing a framework for each charter school to innovate, develop, grow, and succeed.
These criticisms concerning the commission have led a board of education member at the January 2016 board of education meeting, to call for board action to designate members to an investigative committee to determine if a special review of the state public charter school commission is warranted.
Simplifying the process for an entity to become an authorizer will help to develop multiple authorizers in the State and will ultimately strengthen Hawaii's charter school system by accommodating unique missions, providing a more intimate understanding of school community needs, and enabling authorizers and the department of education to collaborate on establishing best practices.
The University of Hawaii-West Oahu and the county of Hawaii have submitted formal commitments of interest to become authorizers. The legislature finds the process to create additional authorizers established under chapter 302D, Hawaii Revised Statutes, requires simplification.
The legislature also understands that public-private partnerships are critical to charter school communities for operational and facilities supports. The legislature finds that all funding for charter schools that pass through an authorizer should be transferred to the charter school as soon as possible for the original intended purpose, no later than thirty days after receipt. The legislature further finds that the financial position of a school should include all funding supports from public and private partners.
The legislature believes that it is critical that charter schools and their governing boards have the authority to employ and retain access to legal counsel for charter contract negotiation, charter revocation, and the charter nonrenewal processes. While a deputy attorney general represents all the charter schools, this deputy attorney general does not attend the charter school commission meetings, despite requests from charter school staff. Further, the deputy attorney general does not respond to all legal questions asked by the schools. Schools have requested the authority to retain pro bono attorneys, but have been denied this authority.
The purpose of this Act is to:
(1) Simplify the process for an entity to become an authorizer; and
(2) Require the department of education to submit a report on the status of the policies, criteria, or guidelines for evaluating applications for an entity to become an authorizer.
PART II
SECTION 2. The purpose of this part is to simplify the process for an entity to become an authorizer.
SECTION 3. Section 302D-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§302D-4[]]
Chartering authority application for eligible entities. (a) The
commission created under section 302D-3 may authorize public charter schools
anywhere in the State.
(b) Governing boards of accredited public and private postsecondary institutions, including community colleges, technical colleges, and four-year universities may apply to the board, pursuant to this section, for statewide, regional, or local chartering authority, in accordance with each institution's regular operating jurisdiction.
(c) A county or state agency may apply to the board, pursuant to this section, for chartering authority.
(d) Governing boards of non-profit or
charitable organizations, [which] that are exempt from federal
taxes under section 501(c)(3) or 501(c)(6) of the Internal Revenue Code, may
apply to the board, and may be granted statewide chartering authority.
Nonpublic sectarian or religious organizations and any other charitable
organization [which] that in their federal Internal Revenue
Service Form 1023, Part IV, describe activities indicating a religious purpose,
are not eligible to apply to become an authorizer under this chapter.
(e) The board shall establish[, through
administrative rules, the annual application and] an annual approval
process for all entities eligible to apply for chartering authority pursuant to
this section[; provided that the board shall not approve any application for
chartering authority until July 1, 2014, or until the board adopts rules,
whichever is later. By June 30 of each year, the]. The board shall
make available information and guidelines for all eligible entities concerning
the opportunity to apply for chartering authority under this chapter. The
application process shall require each interested eligible entity to submit [an
application] an official letter of intent that clearly explains or
presents the following elements:
(1) Written notification of intent to serve as an authorizer in accordance with this chapter;
[(2) The applicant entity's strategic vision
for chartering;
(3) A plan to support the vision presented,
including explanation and evidence of the applicant entity's budget and
personnel capacity and commitment to execute the responsibilities of quality
charter authorizing, in accordance with this chapter;
(4) A draft or preliminary outline of the
request for proposals that the applicant entity, if approved as an authorizer,
would issue to solicit public charter school applicants;
(5) A draft of the performance framework
that the applicant entity, if approved as an authorizer, would use to guide the
establishment of a charter contract and for ongoing oversight and evaluation of
public charter schools, consistent with the requirements of this chapter;
(6) A draft of the applicant entity's
renewal, revocation, and nonrenewal processes, consistent with section 302D-18;
(7)] (2) A statement of assurance that
the applicant [entity] seeks to serve as an authorizer in fulfillment of
the expectations, spirit, and intent of this chapter, and that if approved as an
authorizer, the entity will fully participate in any authorizer training
provided or required by the State; and
[(8)] (3) A statement of assurance that
the applicant will ensure public accountability and transparency in all matters
concerning its charter-authorizing practices, decisions, and expenditures.
(f) [By June 30 of each year,] Within
sixty days of receipt of an official letter of intent by an eligible applicant,
the board shall conduct a meeting in accordance with chapter 92 to decide
whether to grant or deny chartering authority to [each] the eligible
applicant. [The board shall make its decisions on the merits of each
applicant's proposal and plans.]
(g) If the board denies chartering authority to an eligible applicant, the board shall notify the applicant in writing of the reason for the denial and serve that document to the applicant by registered or certified mail with return receipt requested.
[(g)] (h) Within sixty days of
the board's decision[,] to grant chartering authority to an eligible
applicant, the board shall execute a renewable authorizing contract with
each entity it has approved for chartering authority. [The initial term of
each authorizing contract shall be six years.] The authorizing contract
shall specify each approved entity's agreement to serve as an authorizer in
accordance with the expectations of this chapter[, and shall specify
additional performance terms based on the applicant's proposal and plan for
chartering]. No approved entity shall commence charter authorizing without
an authorizing contract in effect. An approved entity may apply for grant
funding and begin planning, implementation, and development to become an
authorizer without an authorizing contract in effect.
[(h)] (i) This section shall not
apply to the commission."
PART III
SECTION 4. No later than twenty days prior to the convening of the regular session of 2017, the board of education shall submit a report to the legislature on the status of the policies, criteria, or guidelines for evaluating official letters of intent for chartering authority.
PART IV
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
Department of Education; Public Charter Schools; Authorizers
Description:
Simplifies the process for an entity to become an authorizer (an entity that approves or denies applications to become a charter school). Establishes a shortened timeline for the release of charter school funds. Effective July 1, 2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
