Bill Text: HI HB1686 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Charter Schools; Funding

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1686 Detail]

Download: Hawaii-2010-HB1686-Amended.html

Report Title:

Charter Schools; Funding

 

Description:

Improves the charter school funding mechanism to ensure that charter schools receive fair and equitable funding.  (HB1686 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1686

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

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

     "(i)  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)  Adopt reporting requirements for charter schools;

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

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

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

     (8)  Periodically adopt improvements in the office's support of charter schools and management of the charter school system[.]; and

     (9)  Act upon the capital improvement projects budget for charter school facilities pursuant to section 302B-8(b)(1)."

     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; provided that a separate capital improvement projects budget for charter school facilities shall be prepared and submitted to the panel for approval and, upon approval, submitted directly to the department of budget and finance;

     (2)  Allocating annual appropriations to the charter schools 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.  Section 302B-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Beginning with fiscal year 2006-2007, and each fiscal year thereafter, the office shall submit a request for general fund appropriations for each charter school based upon:

     (1)  The actual and projected enrollment figures in the current school year for each charter school;

     (2)  A per-pupil amount for each regular education and special education student, which shall be equivalent to the total per-pupil cost based upon average enrollment in all regular education cost categories, including comprehensive school support services but excluding special education services, and for all means of financing except federal funds, as reported in the most recently-approved executive budget recommendations for the department; provided that in preparing the budget the executive director shall include a report of all means of financing and an analysis of the proposed budget in relationship to the most recently published department consolidated annual financial report; provided further that the legislature may make an adjustment to the per-pupil allocation for the purposes of this section; and

     (3)  Those fringe benefit costs requested shall be included in the department of budget and finance's annual budget request.  No fringe benefit costs shall be charged directly to or deducted from the charter school per-pupil allocations unless they are already included in the funds distributed to the charter school.

     The legislature shall make an appropriation based upon the budget request; provided that the legislature may make additional appropriations for fringe, workers' compensation, and other employee benefits, facility costs, and other requested amounts.

     The governor, pursuant to chapter 37, may impose restrictions or reductions on charter school appropriations similar to those imposed on other public schools."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

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