Hawaii-2021-HB1161-Introduced

SECTION 1. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

(1) Elected or appointed official;

(2) Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school[~~, on the state public charter school commission,~~] or as a charter school authorizer established under chapter 302D;

(3) Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

(4) Secretary to top-level managerial and administrative personnel under paragraph (3);

(5) Individual concerned with confidential matters affecting employee-employer relations;

(6) Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);

(7) Temporary employee of three months' duration or less;

(8) Employee of the executive office of the governor or a household employee at Washington Place;

(9) Employee of the executive office of the lieutenant governor;

(10) Employee of the executive office of the mayor;

(11) Staff of the legislative branch of the State;

(12) Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

(13) Any commissioned and enlisted personnel of the Hawaii national guard;

(14) Inmate, kokua, patient, ward, or student of a state institution;

(15) Student help;

(16) Staff of the Hawaii labor relations board;

(17) Employees of the Hawaii national guard youth challenge academy; or

(18) Employees of the office of elections."

SECTION 2. Section 89C-1.5, Hawaii Revised Statutes, is amended by amending the definition of "appropriate authority" to read as follows:

""Appropriate authority" means the governor, the respective mayors, the chief justice of the supreme court, the board of education, the board of regents, [~~the state public charter school commission,~~] the Hawaii health systems corporation board, the auditor, the ombudsman, and the director of the legislative reference bureau. These individuals or boards may make adjustments for their respective excluded employees."

SECTION 3. Section 302A-1004.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"[[]§302A-1004.5[]] Accurate data reporting. (a) The department shall establish a standardized data collection process for schools and complex areas to maintain records and report data to the department. The department shall implement a process to:

(1) Review the accuracy of data reported by schools and complex areas;

(2) Coordinate with [~~the state~~] public charter school [~~commission~~] authorizers regarding the collection, analysis, and dissemination of this data from public charter schools; and

(3) Analyze and publish the data collected."

SECTION 4. Section 302A-1101, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The board shall [~~appoint the state public charter school commission which~~] approve authorizers [~~shall serve as the statewide charter authorizer for charter schools,~~] with the power and duty to issue charters, oversee and monitor charter schools, hold charter schools accountable for their performance, and revoke charters."

SECTION 5. Section 302A-1403, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1403 Authority to secure federal funds. The department, [~~the state public charter school commission,~~] a charter school authorizer, director of finance, and governor may take such steps and perform such acts as may be necessary or proper to secure any such federal funds for the purposes specified in sections 302A-1401 and 302A-1402."

SECTION 6. Section 302A-1404, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department and [~~the state public charter school commission or~~] an authorizer, as appropriate, may retain and expend federal indirect overhead reimbursements for discretionary grants in excess of the negotiated rate for such reimbursements as determined by the director of finance and the superintendent or the director of finance and [~~the state public charter school commission or~~] an authorizer, as appropriate."

SECTION 7. Section 302A-1165, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, and [~~public charter school commission~~] authorizers to the extent not otherwise prohibited by administrative rule or law."

SECTION 8. Section 302A-1166, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

SECTION 9. Section 302D-1, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "authorizer" to read:

""Authorizer" means an entity established under this chapter with chartering authority to review charter applications, decide whether to approve or deny charter applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to authorize, renew, deny renewal of, or revoke charter contracts. [~~The term may include the commission when appropriate.~~]"

2. By repealing the definition of "commission".

["~~"Commission" means the state public charter school commission established pursuant to [section] 302D-3 as a statewide authorizer.~~"]

3. By repealing the definition of "executive director".

["~~"Executive director" means the executive director of the state public charter school commission.~~"]

SECTION 10. Section 302D-3, Hawaii Revised Statutes, is amended to read as follows:

"§302D-3 State public charter [~~school commission; establishment; appointment.~~] schools; authorizers; mission. (a) [There is established the state public charter school commission with statewide chartering jurisdiction and authority. The commission shall be placed within the department for administrative purposes only. Notwithstanding section 302D-25 and any law to the contrary, the commission shall be subject to chapter 92.

~~(b)~~] The mission of [~~the commission~~] an authorizer shall be to authorize high-quality public charter schools throughout the State.

[~~(c) The commission shall consist of nine members to be appointed by the board.~~] (b) The board shall accept applications for and [~~appoint members~~] approve authorizers who will be tasked with authorizing public charter schools that serve the unique and diverse needs of public school students. [~~The chair of the commission shall be designated by the members of the commission for each school year beginning July 1, and whenever there is a vacancy.~~] The board shall consider the combination of abilities, breadth of experiences, and characteristics of [~~the commission,~~] an authorizer, including but not limited to reflecting the diversity of the student population, geographical representation, and a broad representation of education-related stakeholders. [~~The commission shall be exempt from sections 26‑34 and 26-36.~~

~~(d) Understanding that the role of the~~ ~~commission~~ ~~is to ensure a long-term strategic vision for Hawaii's public charter schools, each nominee to the commission shall meet the following minimum qualifications:~~

~~(1)~~ Commitment to education. Each nominee's record should demonstrate a deep and abiding interest in education, and a dedication to the social, academic, and character development of young people through the administration of a high performing charter school system;

~~(2)~~ Record of integrity, civic virtue, and high ethical standards. Each nominee shall demonstrate integrity, civic virtue, and high ethical standards and be willing to hold fellow commission members to the same;

~~(3)~~ ~~Availability for constructive engagement. Each nominee shall commit to being a conscientious and attentive commission member; and~~

~~(4)~~ ~~Knowledge of best practices. Each nominee shall have an understanding of best practices in charter school educational governance or shall be willing to be trained in such.~~

~~(e) Each nominee to the commission shall ideally meet the following recommended qualifications:~~

~~(1)~~ Experience governing complex organizations. Each nominee should possess experience with complex organizations, including but not limited to performance contract management, and a proven ability to function productively within them; and

~~(2)~~ Collaborative leadership ability. Each nominee should have substantial leadership experience that ideally illustrates the nominee's ability to function among diverse colleagues as an effective team member, with the ability to articulate, understand, and help shape consensus surrounding commission policies.

(f) Five members of the commission shall constitute a quorum to conduct business. Any action taken by the commission shall be by a simple majority of the members of the commission who are present; provided that any action of the commission that may be appealed pursuant to section 302D-15 shall require a concurrence of at least five members to be valid.

(g) Commission members shall serve not more than three consecutive three-year terms, with each term beginning on July 1; provided that the initial terms that commence after June 30, 2012, shall be staggered as follows:

~~(1)~~ ~~Three members, including the chairperson, to serve three-year terms;~~

~~(2)~~ ~~Three members to serve two-year terms; and~~

~~(3)~~ ~~Three members to serve one-year terms.~~

(h) Notwithstanding the terms of the members, the board may fill vacancies in the commission at any time when a vacancy occurs due to resignation, non-participation, the request of a majority of the commission members, or termination by the board for cause.

(i) Commission members shall receive no compensation. When commission duties require that a commission member take leave of the member's duties as a state employee, the appropriate state department shall allow the commission member to be placed on administrative leave with pay and shall provide substitutes, when necessary, to fulfill that member's departmental duties. Members shall be reimbursed for necessary travel expenses incurred in the conduct of official commission business.

(j) The commission shall operate with dedicated resources and staff qualified to execute the day-to-day responsibilities of the commission pursuant to this chapter. Beginning with the 2015-2016 fiscal year, the legislature shall make an appropriation to the commission separate from, and in addition to, any appropriation made to charter schools pursuant to sections 302D-28 and 302D-29.5.

(k) The commission shall have the power to hire staff without regard to chapters 76 and 89. The commission shall determine staff wages, hours, benefits, and other terms and conditions for employment in accordance with chapter 89C.] (c) For non-state and non-county authorizers, the salary of an authorizer's executive director and staff shall be set by the authorizer based upon the recommendation of the charter schools within the authorizer's portfolio; provided that the salaries and operational expenses of an authorizer shall be paid from the annual charter school appropriation and shall not exceed two per cent of the total general fund allocation at an amount to be determined annually by the authorizer."

SECTION 11. Section 302D-3.2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302D-3.2[]] Fees. (a) In administering its responsibilities, [~~the commission~~] an authorizer may assess fees on non-state entities and individuals to help offset its operating costs.

(b) Fees collected by [~~the commission~~] an authorizer shall be deposited into insured checking or savings accounts and shall be expended by the [~~commission.~~] the authorizer.

(c) [~~The commission~~] An authorizer shall adopt rules pursuant to chapter 91 to implement this section; provided that, notwithstanding this section or any other law to the contrary, the [~~commission~~] authorizer may set the initial amount of fees authorized pursuant to this section at any time without regard to chapter 91, if the [~~commission:~~] authorizer:

(1) Holds at least one public hearing to take and discuss public testimony on the proposed fee amount; and

(2) Provides public notice at least thirty days prior to the date of the public hearing."

SECTION 12. 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)~~] (b) A county or state agency may apply to the board, pursuant to this section, for chartering authority.

[~~(d)~~] (c) Governing boards of non-profit or charitable organizations, which 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 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)~~] (d) The board shall establish, through administrative rules, the annual application and 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 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 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) 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) 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)~~] (e) By June 30 of each year, the board shall decide whether to grant or deny chartering authority to each applicant. The board shall make its decisions on the merits of each applicant's proposal and plans.

[~~(g)~~] (f) Within sixty days of the board's decision, 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.

[~~(h) This section shall not apply to the commission.~~]"

SECTION 13. Section 302D-5, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) An authorizer, members of the board of an authorizer acting in their official capacity, and employees or agents of an authorizer are immune from civil and criminal liability with respect to all activities related to a public charter school authorized by that authorizer, except for any acts or omissions constituting wilful misconduct. [~~Members of the commission shall be afforded the same protection afforded the members of the board pursuant to section 26-35.5.~~]"

SECTION 14. Section 302D-8, Hawaii Revised Statutes, is amended to read as follows:

"§302D-8 Conflict of interests. [(a) A member of the state public charter school commission shall not be eligible to serve on the commission if the member was affiliated with any public charter school within one year preceding appointment to the commission.

~~As used in this subsection, "affiliated" means attached or connected as a current or previous employee, governing board member, vendor, contractor, agent, or representative.~~

~~(b)~~] An employee, trustee, agent, or representative of an authorizer shall not simultaneously serve as an employee, trustee, agent, representative, vendor, or contractor of a public charter school authorized by that authorizer. Authorizer members shall disclose to the authorizer a list of all charter schools in which the member has previously been an employee, governing board member, vendor, contractor, agent, or representative."

SECTION 15. Section 302D-25, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (b) and (c) to read:

"(b) Charter schools[~~, the commission,~~] and authorizers shall be exempt from 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. Charter schools[~~, the commission,~~] and authorizers are encouraged to use the provisions of chapter 103D where possible; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption from chapter 103D and shall not subject the charter school[~~, commission,~~] or authorizer to any other provision of chapter 103D. Charter schools[~~, the commission,~~] and authorizers shall account for funds expended for the procurement of goods and services, and this accounting shall be available to the public.

(c) Charter schools and their employees[~~, the commission and its employees,~~] and governing boards and their members shall be subject to chapter 84."

2. By amending subsections (e) through (g) to read:

"(e) Notwithstanding any law to the contrary, as public schools and entities of the State, a charter school, including its governing board, [~~the commission,~~] and any authorizer may not bring suit against any other entity or agency of the State.

(f) Charter schools[~~, the commission,~~] and authorizers shall be exempt from section 302A-1401.

(g) For purposes of statutory delegation of authority to department heads by other state agencies, the [~~executive director~~] superintendent shall be deemed the department head of the [~~commission and~~] charter schools unless otherwise specifically provided."

SECTION 16. Section 302D-29, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The charter schools, through their authorizer, may propose to the board an alternative weighted student formula, approved by more than two-thirds of the governing boards, with each governing board being accorded one vote, to be administered by the [~~commission~~] authorizer and to apply to the per-pupil allocation for charter schools."

SECTION 17. Section 302D-29.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Beginning with the 2016-2017 fiscal year, and each fiscal year thereafter, the legislature shall consider making an appropriation and bond authorization to the [~~commission~~] board for the design, planning, construction, repair, and maintenance of public charter school improvements to address issues of health, safety, and legal compliance; expand or improve instructional space; provide for food services; or provide restroom facilities. The appropriation and bond authorization for charter schools shall be separate from, and in addition to, any appropriation made to charter schools pursuant to this section and section 302D-28. These amounts shall be prioritized for allocation by the charter school facilities funding working group."

2. By amending subsections (d) and (e) to read:

"(d) There is established a charter school facilities funding working group within the department of education, which shall consist of the following members, or their designees:

(1) The [~~chairperson of the commission;~~] head of every authorizer;

(2) [~~The executive director of the commission;~~

~~(3)~~] The director of finance;

[~~(4)~~] (3) The comptroller;

[~~(5)~~] (4) The superintendent of education;

[~~(6)~~] (5) An individual with expertise in real estate, to be appointed by the chairperson of the [~~commission;~~] board; and

[~~(7)~~] (6) An individual with expertise in finance, to be appointed by the chairperson of the [~~commission.~~] board.

The [~~commission~~] board shall develop criteria to determine the distribution of funds appropriated pursuant to subsection (a) to the charter schools. The criteria shall 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.

The charter school facilities funding working group shall be exempt from chapter 92 and shall 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 commission.

(e) Nothing in this section shall be construed as restricting the authority of the [~~commission~~] board to support the facilities needs of the charter schools through other means."

SECTION 18. Section 302D-30, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall be responsible for the provision of a free appropriate public education. Any charter school that enrolls special education students or identifies one of its students as eligible for special education shall be responsible for providing the educational and related services required by a student's individualized education program. The programs and services for the student shall be determined collaboratively by the student's individualized education program team, which includes the student's parents or legal guardians.

If the charter school is unable to provide all of the required services, then the department shall provide the student with services as determined by the student's individualized educational program team. The department shall collaborate with [~~the commission~~] authorizers to develop guidelines related to the provision of special education services and resources to each charter school. The department shall review all of the current individualized education programs of special education students enrolled in a charter school and may offer staff, funding, or both, to the charter school based upon a per-pupil weighted formula implemented by the department and used to allocate resources for special education students in the department schools."

SECTION 19. Section 302D-33, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The employer or prospective employer may:

(1) Refuse to allow or continue to allow teacher training;

(2) Terminate the employment of any employee; or

(3) Deny employment to an applicant,

if the person has committed a crime, and if the employer or prospective employer finds by reason of the nature and circumstances of the crime, that the person poses a risk to the health, safety, or well-being of children. Refusal, termination, or denial may occur only after appropriate investigation and notification to the employee or applicant of the results and planned action and after the employee or applicant is given an opportunity to meet and rebut the findings. Nothing in this subsection shall abrogate any applicable rights under chapter 76 or 89, or any administrative rule of the [~~commission.~~] authorizer.

(c) Notwithstanding any other law to the contrary, for purposes of this section, the [~~commission~~] authorizer shall be exempt from section 831-3.1 and shall not be required to conduct investigations, notifications, or hearings in accordance with chapter 91."

SECTION 20. Section 302D-35, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (b) and (c) to read:

"(b) Each department shall provide notice to the superintendent and [~~state public charter school commission~~] each authorizer identifying suitable unused facilities that may be appropriate for:

(1) Public charter schools; and

(2) Early learning programs, including the pre-plus program, that are affiliated with a public charter school.

The department of accounting and general services shall inventory the suitable facilities, and, in determining suitability for educational reuse, priority shall be given to facilities on sites with sufficient space for three or more classrooms.

(c) The department of accounting and general services shall conduct biennial surveys of all departments concerning any unused facilities, or in the case of the department of education any under utilized department schools, that meet the conditions under subsection (b) and maintain an inventory of all such unused or under utilized facilities. The department of accounting and general services shall provide biennial reports on the inventory maintained under this subsection to [~~the state public charter school commission.~~] each authorizer."

2. By amending subsection (f) to read:

"(f) Upon receipt of a notice pursuant to subsection (b), [~~the state public charter school commission~~] an authorizer shall:

(1) Solicit applications from public charter schools or early learning programs that are affiliated with a public charter school, respectively, that are interested in using and occupying all or portions of the facilities; and

(2) Submit a prioritized list of public charter schools or early learning programs that are affiliated with a public charter school, respectively, to the department of accounting and general services for final determination of which public charter schools or early learning programs that are affiliated with a public charter school, if any, shall be authorized to use and occupy the facilities."

SECTION 21. Section 302D-37, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302D-37[]] Standardized assessment for students entering kindergarten. (a) [~~The commission~~] Each authorizer shall adopt the student assessment model adopted by the board pursuant to section 302A‑1165(a) to assess all charter school students entering kindergarten.

(b) Within the first thirty days of each school year, [~~the commission~~] each authorizer shall ensure that all charter school kindergarten students are assessed by public charter schools with the student assessment model; provided that any assessment administered pursuant to this subsection shall be conducted in either English or Hawaiian.

(c) [~~The commission~~] Each authorizer shall share the information gathered from public charter schools pursuant to this section with the department, department of human services, and executive office on early learning to the extent not otherwise prohibited by administrative rule or law."

SECTION 22. Section 302D-38, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302D-38[]] Prior early learning programs attendance disclosure. (a) At least one parent or guardian of each child entering kindergarten shall disclose to the public charter school at which the child is enrolled the name and address of the early learning program that the child attended during the previous academic year. Each public charter school shall provide to [~~the commission~~] their authorizer the information disclosed pursuant to this section. [~~The commission~~] An authorizer may also require the disclosure of any other information not otherwise prohibited by law that would assist the department, the department of human services, and the executive office on early learning in developing, assessing, and implementing strategies to meet the early learning needs of children in the State. [~~The commission~~] All authorizers and the executive office on early learning shall use the information to assist the department of human services and executive office on early learning in determining the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children and shall provide the information to the department of human services.

(b) [~~The commission~~] An authorizer may include a request for the information required by subsection (a) on a kindergarten enrollment form or any other appropriate form used at all public charter schools.

(c) [~~The commission~~] All authorizers shall share the information gathered pursuant to this section with the department, department of human services, and executive office on early learning to the extent not otherwise prohibited by administrative rule or law."

SECTION 23. Section 302D-39, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302D-39[]] Public early learning and preschool programs; administrative authority. (a) [~~The commission~~] Appropriate authorizers shall have administrative authority over all state-funded early learning programs and private partnership-funded preschool programs in public charter schools within their portfolio except for special education and Title I-funded prekindergarten programs.

(b) The early learning programs in charter schools shall enroll no more than a maximum of twenty children per classroom who are three- or four-years-old on or before July 31 of the school year, as aligned with the department's kindergarten age entry requirements.

(c) Subject to the availability of funding, [~~the commission~~] authorizers shall implement an application process for schools to establish an early learning program.

(d) Each early learning program and preschool program shall meet the following requirements:

(1) The availability of a classroom and outdoor play area that meet department of human services requirements for the health and safety of three- and four-year-old children and is exempt from section 346-161 as a public preschool provider;

(2) The commitment of the principal to implementing an early learning program, including through active participation in professional development sessions offered through the [~~commission,~~] authorizer for that principal's school, and promoting continuity and alignment between and across other early learning programs in the community and other grade levels in the school to ensure the positive outcomes of children are sustained;

(3) The inclusion of students with disabilities based on individualized education program placement; provided that:

(A) The in-classroom ratio of students with disabilities shall be based on the inclusion of children with disabilities in proportion to the general population of the school;

(B) Subparagraph (A) does not anticipate or permit imposing caps or quotas on the number of children with disabilities in a program or not individualizing services for children with disabilities under the Individuals with Disabilities Education Act of 2004 (20 U.S.C. 1400 et seq., as amended);

(C) The department shall collaborate with the charter school to coordinate services for students with disabilities who are placed in the classroom offered through the program; and

(D) Funding for all costs associated with the implementation of the individualized education program of students shall be provided through the department;

(4) Enrollment in the program shall be free and voluntary;

(5) The enrollment shall not exceed twenty children per classroom; and

(6) The incorporation of standards that are research-based and developmentally-appropriate practices associated with improved educational outcomes for children, such as:

(A) Positive teacher-child interactions that shall be evaluated through observations conducted by the [~~commission~~] authorizer of the charter school using a research-based tool at least twice a year, for the purposes of professional development; provided that the observations shall not be used for the purposes of teacher evaluation;

(B) The early learning environment shall be assessed using a tool that measures its effectiveness and shall be conducted at least two times per school year by a certified observer who is employed or contracted by the [~~commission~~;] authorizer of the school; provided that the teaching staff shall use the assessment data and feedback to improve the quality of the learning environment; provided further that observations shall be used for the purposes of professional development and shall not be used for the purposes of teacher evaluation;

(C) Use of individual child formative assessments that are used for ongoing planning relating to all areas of child development and learning including cognitive, linguistic, social emotional approaches to learning, and health and physical development;

(D) Family engagement in partnership with charter schools, including conducting outreach for enrollment and engagement of families in their children's education in recognition of families' role as their child's first and most important teacher;

(E) Alignment with the Hawaii early learning and development standards, department standards, state content and performance standards, and general learner outcomes for grades kindergarten to twelve to facilitate a seamless educational experience for children;

(F) Requirements that any teacher shall have coursework in early childhood education pursuant to Hawaii teacher standards board licensing requirements for a prekindergarten teacher or be enrolled in a state-approved teacher education program and be working toward satisfying the Hawaii teacher standards board licensing requirements; and

(G) Requirements that any educational assistant has a current child development associate credential, coursework for a certificate that meets the requirements for child development associate credential preparation, or be enrolled in and working toward completing a program that prepares the individual to obtain the credential.

(e) [~~The commission~~] Authorizers shall monitor the implementation of the educational experience for children.

(f) [~~The commission~~] Authorizers shall provide support to incorporate the standards developed pursuant to subsection (d), including support related to teacher-child interactions, early childhood learning environment, individual child assessments, and family engagement.

(g) Teaching staff participating in a program established pursuant to this section shall participate in coaching and mentoring and professional development opportunities offered through the [~~commission;~~] authorizer of the charter school provided that the [~~commission~~] authorizer shall cover the associated travel and substitute teacher costs, contingent upon funding availability. The [~~commission~~] authorizer may extend this support, excluding travel and substitute teacher costs, to individuals who are not participating in the program to promote alignment between all grade levels, programs, and settings.

(h) School leaders shall attend professional development sessions related to P-3 (preschool to grade three) alignment offered through the [~~commission.~~] authorizer of the charter school. The [~~commission~~] authorizer shall cover the costs associated with travel and substitute teacher expenditures, contingent upon the availability of funding. The [~~commission~~] authorizer may extend this support, excluding travel and substitute teacher costs, to individuals who are not participating in the program to promote alignment between all grade levels, programs, and settings.

(i) [~~The commission~~] An authorizer shall work with each charter school within its portfolio to develop and annually update a written three-year plan that promotes, within the school and community, alignment of and transitions between learning experiences, and report on the progress made toward the plan by the end of the school year.

(j) [~~The commission~~] Authorizers shall coordinate with other agencies and programs to facilitate comprehensive services for early learning.

(k) [~~The commission~~] Authorizers shall promote the development of a cohesive, comprehensive, and sustainable early learning system. [~~The commission~~] Authorizers shall coordinate with other early learning providers, including those providing the programs and services, to promote alignment between prekindergarten and elementary school programs and to support children and their families in making successful transitions from prekindergarten into kindergarten.

(l) The [~~commission~~] board shall adopt rules pursuant to chapter 91 for the purpose of this section.

(m) [~~The commission~~] Authorizers shall submit a report to the legislature no later than twenty days prior to the convening of each regular session regarding state-funded early learning programs in charter schools[.] for which they have authorized. The report shall include, as related to each type of program:

(1) The number and location of classrooms;

(2) Sources of funding for each classroom;

(3) Aggregated data reflecting the quality of teacher-child interactions relating to emotional support, classroom organization, and instructional support;

(4) Aggregated data reflecting the quality of the early learning environment and the teacher-child interactions that maximize the learning opportunities of the environment; and

(5) Aggregated student outcomes related to all areas of child development and learning, including cognitive, linguistic, social and emotional approaches to learning and health and physical development, as assessed using a formative assessment tool selected or approved by the commission.

This reported data shall be compiled from the previously state-funded school year."

SECTION 24. Section 302L-8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302L-8[]] Public prekindergarten classrooms; annual report to the legislature. The office shall submit to the legislature an annual report regarding State-funded prekindergarten programs and private partnership-funded prekindergarten programs in the public schools, except special education and Title I-funded prekindergarten programs, to include, as related to each type of program:

(1) The number and location of classrooms;

(2) Numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken;

(3) Sources of funding for each classroom;

(4) Quality of teacher-child interactions relating to social emotional support, classroom structure, and quality of learning experiences, as assessed using a formative assessment tool selected by the office; and

(5) Child outcomes relating to all areas of childhood development and learning, including cognitive, linguistic, social, and emotional approaches to learning and health and physical development, as assessed using a formative assessment tool selected by the office.

The department and [~~state public charter school commission~~] all charter school authorizers shall share data with the office necessary for the purposes of this report."

SECTION 25. Section 346-186, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The department shall establish or augment an existing database to collect and analyze information it receives from the department of education pursuant to sections 302A-1165 and 302A-1166 and the [~~state~~] public charter school [~~commission~~] authorizers pursuant to sections 302D-37 and 302D-38 and any other information the department may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year.

(b) To the extent not prohibited by administrative rule or law, the department, department of education, public charter school [~~commission,~~] authorizers, and executive office on early learning shall share any information gathered pursuant to sections 302A-1165, 302A-1166, 302D‑37, and 302D-38 with each other, along with any other information the department, department of education, or public charter school [~~commission~~] authorizers may collect on all children in the State who are three to four years old and children who will not be at least five years of age on or before July 31 of the current school year."

SECTION 26. Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Criminal history record checks may be conducted by:

(1) The department of health or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;

(2) The department of health or its designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health or health care services as provided by section 321-171.5;

(3) The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in section 321-15.2;

(4) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;

(5) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;

(6) The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;

(7) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;

(8) The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;

(9) The department of human services on prospective adoptive parents as established under section 346‑19.7;

(10) The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;

(11) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;

(12) The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;

(13) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;

(14) The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;

(15) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;

(16) The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;

(17) The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;

(18) Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;

(19) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A‑601.5;

(20) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;

(21) The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;

(22) The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult protective and community services branch, as provided by section 346-97;

(23) The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;

(24) The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;

(25) The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;

(26) The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;

(27) The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;

(28) The department of commerce and consumer affairs on:

(A) Each principal of every non-corporate applicant for a money transmitter license;

(B) Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and

(C) Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,

as provided by sections 489D-9 and 489D‑15;

(29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;

(30) The Hawaii health systems corporation on:

(A) Employees;

(B) Applicants seeking employment;

(D) Current or prospective volunteers, providers, or contractors,

in any of the corporation's health facilities as provided by section 323F-5.5;

(31) The department of commerce and consumer affairs on:

(A) An applicant for a mortgage loan originator license, or license renewal; and

(B) Each control person, executive officer, director, general partner, and managing member of an applicant for a mortgage loan originator company license or license renewal,

as provided by chapter 454F;

(32) [~~The state public charter school commission~~] Public charter school authorizers or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;

(33) The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;

(34) The counties on prospective employees for fire department positions which involve contact with children or vulnerable adults;

(35) The counties on prospective employees for emergency medical services positions which involve contact with children or vulnerable adults;

(36) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;

(37) The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;

(38) The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;

(39) The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;

(40) The department of commerce and consumer affairs on:

(A) Applicants for real estate appraiser licensure or certification as provided by chapter 466K;

(B) Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466L-7; and

(C) Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466L-7;

(41) The department of health or its designee on all license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities as provided under sections 329D-15(a)(4) and 329D‑16(a)(3);

(42) The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;

(43) The county police departments on applicants for permits to acquire firearms pursuant to section 134-2 and on individuals registering their firearms pursuant to section 134-3;

(44) The department of commerce and consumer affairs on:

(A) Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and

(B) Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of such application,

as provided by chapter 449;

(45) The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;

(46) The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;

(47) The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 346-2.5;

(48) The child support enforcement agency on current or prospective employees, or contractors who have access to federal tax information in order to comply with federal law, regulation, or procedure, as provided by section 576D-11.5; and

(49) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."

SECTION 27. All appropriations made, used, acquired, or held by the state public charter school commission may be transferred to the board of education to be utilized by public charter school authorizers.

SECTION 28. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 29. This Act shall take effect on July 1, 2022.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1161
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII