Bill Text: HI HB1321 | 2012 | Regular Session | Introduced

Hawaii House Bill 1321 (Prior Session Legislation)

Introduced

Bill Title: Charter School Review Panel; Appointment; Selection Advisory Council

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1321 Detail]

Download: Hawaii-2012-HB1321-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1321
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CHARTER SCHOOLS.

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

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

"§302B-A Charter school review panel members; appointment; terms; quorum and meetings; compensation. (a) The panel shall consist of ten members as follows:

(1) Nine voting members who shall represent and reside in the specified geographic areas as follows:

(A) One member from the county of Hawaii;

(B) One member from the county of Maui;

(D) Six members from the city and county of Honolulu; and

(2) One nonvoting member who shall be a charter school student at the time of the initial appointment.

The members shall be appointed by the governor, with the advice and consent of the senate, and may be removed by the governor.

Except as otherwise provided by law, state officers shall be eligible for appointment and membership.

(b) Except for the student member, the governor shall set the terms of those initially appointed under this section to each seat on the panel as follows:

(1) Three members shall serve one-year terms;

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

(3) Three members, including the chairperson of the panel, shall serve three-year terms.

(1) The term of each member shall be three years, except as provided for the initial appointment in subsection (b); and

(2) Members shall serve no more than two consecutive three-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to subsection (b) may be reappointed to two ensuing, consecutive three-year terms. If a member is to be appointed to a second consecutive term of three years, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the expiration of a member�s first three-year term; provided that if the senate is not in session after the member's reappointment and prior to the one-hundred-twenty-day deadline by which the senate shall have considered the question of reconfirmation, the member shall continue to serve until the senate takes final action on the reconfirmation when it convenes for the next regular session or the next special session during which the senate is authorized to consider the question of reconfirmation.

(d) The term of the student member shall be two years. The student member may be reappointed for one additional consecutive term even though the member is no longer a student at the time of reappointment; provided that the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the expiration of the member's first term; provided further that if the senate is not in session after the member's reappointment and prior to the one-hundred-twenty-day deadline by which the senate shall have considered the question of reconfirmation, the member shall continue to serve until the senate takes final action on the reconfirmation when it convenes for the next regular session or the next special session during which the senate is authorized to consider the question of reconfirmation.

(e) Every member may serve beyond the expiration date of the member�s term of appointment until the member�s successor has been appointed by the governor and confirmed by the senate.

(f) The panel shall select a chairperson from among its voting members.

The panel shall select a vice chairperson from among its voting members, who shall serve as interim chairperson if the chairperson's seat becomes vacant.

(g) A majority of all the voting members to which the panel is entitled shall constitute a quorum to conduct business. At any time the panel has fewer than six voting members, three voting members of the panel shall constitute a quorum to conduct business and the concurrence of three voting members shall be necessary to make any action of the panel valid.

Notwithstanding chapter 92, from the convening of the legislature in regular session to adjournment sine die of each regular session, and during each special session of the legislature, the panel may file any notice that specifies only legislation or legislation-related agenda items, no fewer than two calendar days before the meeting.

(h) The governor shall notify the charter school review panel selection advisory council in writing within ten days of:

(1) Removing a member of the panel; or

(2) Receiving notification that a member of the panel is resigning or has died.

(i) The members of the panel shall serve without pay but shall be entitled to their travel expenses within the State when attending meetings of the panel or when actually engaged in business relating to the work of the panel.

§302B-B Charter school review panel selection advisory council. (a) There is established the charter school review panel selection advisory council to present to the governor lists of qualified candidates from which the members of the panel shall be nominated and, with the advice and consent of the senate, appointed by the governor. The council shall be attached to the department for administrative purposes.

(b) The council shall present a list of qualified candidates to the governor for each vacant seat on the panel as provided by law, with no fewer than two and no more than four qualified candidates for each seat on the panel:

(1) Within thirty days of convening its first meeting; and

(2) For all subsequent presentations to the governor:

(A) Within sixty days of a vacancy that arises by resignation, death, or removal by the governor; or

(B) Within one hundred fifty days prior to the expiration of a panel member's term.

The council shall be deemed to have fulfilled its obligation under this section upon presentation of the names of the minimum number of candidates required to be presented for each seat on the panel.

(1) Establish the criteria for qualifying, screening, and presenting to the governor candidates for membership on the panel;

(2) Develop a statement that includes the selection criteria to be applied and a description of the responsibilities and duties of a member of the panel and distribute this statement to potential candidates;

(3) Screen and qualify candidates for membership on the panel based on their background, experience, and potential for discharging the responsibilities of a member of the panel;

(4) Publicly advertise pending vacancies and actively solicit and accept applications from potential candidates;

(5) Develop and implement a fair, independent, and nonpartisan procedure for selecting candidates to serve on the panel; and

(6) Require each candidate to disclose any existing or anticipated contracts with the department or any existing or anticipated financial transactions with the department.

No council member shall qualify to be a candidate.

Upon submission of the names of candidates to the governor, the council shall make available the names of candidates to the public through the department.

(d) For each panel seat to be filled, the governor shall select one appointee from among the candidates submitted by the council. The appointee selected by the governor shall serve as an interim panel member until the appointee has been confirmed by the senate; provided that the members initially appointed to the panel shall not serve until five voting members are appointed.

(e) The council shall consist of seven members to be appointed without regard to section 26-34 as follows:

(1) One member of the community appointed by the governor;

(2) One member of the community appointed by the president of the senate;

(3) One member of the community appointed by the speaker of the house of representatives; and

(4) Four members appointed by the Hawaii P-20 Council, of which:

(A) Two members shall be parents, one of whom shall be a currently-serving school community council parent representative;

(B) One member shall be from the business or nonprofit community; and

Individuals who are or have served as members of the Hawaii P-20 Council within the last two years immediately preceding the establishment of or a vacancy on the charter school review panel selection advisory council shall not be eligible to serve as members of the charter school review panel selection advisory council.

The charter school review panel selection advisory council shall be selected in a nonpartisan manner. Appointees to the council shall have a general understanding of the purposes of public education, the mission of the department, and the responsibilities of the panel. Appointees shall be individuals who are widely viewed as having placed the broad public interest ahead of special interests, having achieved a high level of prominence in their respective professions, and being respected members of the community.

If any member has not been appointed within one hundred eighty days of a vacancy on the council, the other members on the council shall make an interim appointment to fill the vacant seat. The interim appointee shall satisfy the requirements for appointment provided in this subsection and shall serve until the time when the appropriate appointing authority makes an appointment for the vacant seat as provided in this subsection.

(f) Members of the council shall serve four-year terms; provided that the three members initially appointed by the governor, president of the senate, and speaker of the house of representatives shall each serve for an initial term of two years; provided further that members shall serve no more than two consecutive four-year terms.

(g) If a vacancy occurs on the council, a successor shall be appointed in the same manner and subject to the same qualifications as the person�s predecessor. The person appointed to fill a vacancy shall serve for the remainder of the term of the person�s predecessor.

(h) The council shall operate in a nonpartisan manner. No individual, while a member of the council, shall run for or hold any elected office under the United States or the State or any of its political subdivisions.

(i) The council shall convene its first meeting when a majority of its members have been appointed and as early as practicable. The members of the council shall select a chairperson from among themselves. A majority of all the members to which the council is entitled shall constitute a quorum to conduct business. The concurrence of a majority of all the members to which the council is entitled shall be necessary to make any action of the council valid. The council shall meet annually and at other times as necessary. The council shall be exempt from part I of chapter 92.

(j) Members of the council shall serve without compensation but shall be entitled to reimbursement for expenses, including travel expenses, necessary for the performance of their duties.

(k) Notwithstanding chapter 92F or any other law to the contrary, all information required by the council shall be confidential, including all council information obtained, reviewed, or considered before and after a council decision making meeting. Confidential council information shall include documents, data, or other information that is not of public record, including:

(1) Personal financial information;

(2) The names of candidates;

(3) Applications and the personal, financial, and other information contained therein submitted by the candidates to the council;

(4) Interviews;

(5) Schedules;

(6) Reports;

(7) Studies;

(8) Background checks;

(9) Credit reports;

(10) Surveys and reports prepared for or on the council�s behalf;

(11) The results of any evaluations or assessments conducted by the council;

(12) The substance and details of any discussions with council members; and

(13) The substance and details of discussions and deliberations of the council and any of its committees during meetings."

SECTION 2. Section 302B-3, Hawaii Revised Statutes, is amended to read as follows:

"§302B-3 Charter school review panel; establishment; powers and duties. (a) There is established the charter school review panel[,] that shall be placed within the department for administrative purposes only. The panel shall be accountable to the charter schools and the board. Notwithstanding section 302B-9 and any other law to the contrary, the panel shall be subject to [~~chapter~~] chapters 91 and 92.

[~~(b) The panel shall consist of twelve members, and shall include:~~

~~(1)~~ ~~Two licensed teachers regularly engaged in teaching; provided that one teacher is employed at a start-up charter school, and one teacher is employed at a conversion charter school;~~

~~(2)~~ ~~Two educational officers; provided that one educational officer is employed at a start-up charter school, and one educational officer is employed at a conversion charter school;~~

~~(3)~~ ~~One member or former member of a charter school local school board;~~

~~(4)~~ ~~The chair of the board of education or the chair's designee;~~

~~(5)~~ ~~A representative of Hawaiian culture-focused charter schools;~~

~~(6)~~ ~~Two representatives of the University of Hawaii who are not affiliated with charter schools;~~

~~(7)~~ ~~One member with a background in business or accounting who is not affiliated with charter schools;~~

~~(8)~~ ~~One member with a background in the building trades or real estate who is not affiliated with charter schools; and~~

~~(9)~~ ~~A representative from the Hawaii Association of Independent Schools;~~

provided that the initial appointments for representatives in paragraphs (7) to (9) shall be made by September 1, 2007. From June 1, 2007, until such time that the panel has twelve members, five members of the panel shall constitute a quorum to conduct business and a concurrence of at least five members shall be necessary to make any action of the panel valid; provided that, upon filling the twelve seats as required under this subsection, a majority of the panel shall constitute a quorum to conduct business, and the concurrence of a majority of all the members to which the panel is entitled shall be necessary to make any action of the panel valid.

~~(c) The board shall appoint the remaining members of the panel other than the chair of the board.~~

(d) Appointed panel members shall serve not more than three consecutive three-year terms, with each term beginning on July 1; provided that the initial terms of the appointed members that commence after June 30, 2006, shall be staggered as follows:

~~(1)~~ ~~Four members to serve three-year terms;~~

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

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

(e) Notwithstanding the terms of members, the board may add panel members at any time and replace panel members at any time when their positions become vacant through resignation, through non-participation, upon request of a majority of panel members~~, or upon termination by the board for cause.~~

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

~~(g) The panel shall establish operating procedures that shall include conflict of interest provisions for any member whose school of employment or local school board membership is before the panel.~~

(h) The chair of the panel shall be designated by the members of the panel for each school year beginning July 1 and whenever there is a vacancy. If the panel does not designate its chair for the next school year by July 1, the board shall designate the panel chair. When the panel chair is vacant, the board shall designate an interim chair to serve until the panel designates its chair.]

(b) The members of the panel shall be appointed pursuant to section 302B-A.

[~~(i)~~] (c) The powers and duties of the panel shall be to:

(1) Appoint and evaluate the executive director and approve staff and salary levels for the charter school administrative office;

(2) Review, approve, or deny charter applications for new charter schools in accordance with section 302B-5 for the issuance of new charters; provided that applicants that are denied a charter may appeal to the board for a final decision pursuant to section 302B-3.5;

(3) Review, approve, or deny significant amendments to detailed implementation plans to maximize the school's financial and academic success, long-term organizational viability, and accountability. Charter schools that are denied a significant amendment to their detailed implementation plan may appeal to the board for a final decision pursuant to section 302B-3.5;

(4) Pursuant to section 302B-3.6, compile and submit prioritized lists of charter schools to the department and enter into necessary agreements with the department to authorize charter schools to use and occupy vacant public school facilities or portions of school facilities;

(5) Adopt reporting requirements for charter schools;

(6) Review annual self-evaluation reports from charter schools and take appropriate action;

(7) Adopt a clear process and rigorous organizational and educational criteria, including student achievement as a significant factor, for the authorization and reauthorization of school charters;

(8) Evaluate each school charter, for the purpose of determining reauthorization, no later than four years following the initial issue of a charter and every six years thereafter;

(9) Evaluate any aspect of a charter school that the panel may have concerns with and take appropriate action, which may include probation or revocation;

(10) Periodically adopt improvements in the panel's monitoring and oversight of charter schools;

(11) Periodically adopt improvements in the office's support of charter schools and management of the charter school system;

(12) Review, modify, and approve charter schools' all means of finance budget, based upon criteria and an approval process established by the panel;

(13) Survey all charter school facilities prior to, and in preparation for, determining recommendations to allocate non-per-pupil facilities funds to charter schools with facilities needs. The survey shall include, at minimum, for each charter school facility:

(A) The current status of the facility;

(B) Facilities costs, including all rents, leases, purchases, and repair and maintenance for lands and buildings;

(D) Any capital improvement projects underway or scheduled; and

(E) Whether the facility is a conversion or start-up charter school, and current and projected enrollment; and

(14) Evaluate and investigate charter schools when concerns arise that necessitate the resolution or assistance with the resolution of legal, fiscal, health, safety, and other serious issues.

[~~(j)~~] (d) In the case that the panel decides not to issue a new charter, or to approve significant amendments to detailed implementation plans, the board may adopt rules for an appeals process pursuant to section 302B-3.5.

[~~(k)~~] (e) The office shall provide for the staff support and expenses of the panel."

SECTION 3. Section 302B-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Charter schools shall be [~~exempt from~~] subject to chapters 91 and 92 [~~and~~], but shall be exempt from all other state laws in conflict with this chapter, except those regarding:

(1) Collective bargaining under chapter 89; provided that:

(A) The exclusive representatives as defined in chapter 89 and the local school board of the charter school may enter into supplemental agreements that contain cost and noncost items to facilitate decentralized decision-making;

(B) The agreements shall be funded from the current allocation or other sources of revenue received by the charter school; provided that collective bargaining increases for employees shall be allocated by the department of budget and finance to the charter school administrative office for distribution to charter schools; and

(2) Discriminatory practices under section 378-2; and

(3) Health and safety requirements."

SECTION 4. Section 302B-13, Hawaii Revised Statutes, is amended to read as follows:

"§302B-13 Weighted student formula. [~~(a)~~] Notwithstanding section [[]302B-12[]] and beginning September 1, [~~2006,~~] 2011, charter schools shall [~~elect whether to~~] receive allocations according to the department's weighted student formula adopted pursuant to section 302A-1303.6[~~; provided that:~~

~~(1)~~ All charter schools, as a group, with each local school board being accorded one vote, shall elect, by greater than two-thirds agreement among the local school boards, whether to receive allocations through the department's weighted student formula; provided that the nonprofit that governs more than one conversion charter school may cast one vote representing each school it governs;

~~(2)~~ Any election by charter schools to receive department allocations, or not to receive allocations, through the department's weighted student formula shall be made by September 1 of each even-numbered year, and the election shall apply to the fiscal biennium beginning July 1 of the following year; provided that the appropriate funds shall be transferred by the department to the charter school administrative office for distribution to the charter schools; and

~~(3)~~ ~~The election to receive allocations, or not to receive allocations, through the department's weighted student formula shall be communicated to the department through the office.~~

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

SECTION 5. (a) Notwithstanding any law to the contrary, the members of the charter school review panel serving on the day of the effective date of this Act shall continue to serve until the appointment of five voting interim members of the charter school review panel, at which time the members are discharged from office; provided that any vacancy occurring between the effective date of this Act and the discharge from office of all the members of the charter school review panel, shall not be filled.

(b) Notwithstanding any provision in section 302B-B, Hawaii Revised Statutes, each member of the charter school review panel serving on the day of the effective date of this Act, if the member accepts, shall be included in the list of candidates to be presented to the governor for the initial appointment of the members of the panel, in addition to those candidates selected pursuant to section 302B-B, Hawaii Revised Statutes; provided that:

(1) A member of the panel serving on the day of the effective date of this Act shall only be a candidate for the seat in the geographic area in which the member resides, as provided in 302B-A(a), Hawaii Revised Statutes, except in the case of the student member of the panel serving on the day of the effective date of this Act; and

(2) The student member serving on the day of the effective date of this Act shall only be a candidate for the student member seat established in section 302B-A(a), Hawaii Revised Statutes.

(c) Terms for members initially appointed to the charter school review panel selection advisory council shall be deemed to begin on the day of the effective date of this Act, regardless of the actual date of appointment.

SECTION 6. 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 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Charter School Review Panel; Appointment; Selection Advisory Council

Description:

Requires the members of the charter school review panel to be nominated, and with the advice and consent of the senate, appointed by the governor from lists of qualified candidates presented to the governor by the charter school review panel selection advisory council. Establishes the advisory council.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.