Bill Text: HI HB2067 | 2016 | Regular Session | Introduced
Bill Title: Public Charter School Authorizers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to EDN, JUD, referral sheet 2 [HB2067 Detail]
Download: Hawaii-2016-HB2067-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2067 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public charter school authorizers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The nation's first charter school law was enacted by Minnesota in 1991, allowing teachers and educators to explore alternative, results-oriented, and student-centered educational approaches without the restrictions of most state and local laws and regulations. Hawaii's first alternative-model schools, Waialae elementary school and Lanikai elementary school, were established pursuant to Act 272, Session Laws of Hawaii 1994, which created an opportunity for existing department of education schools to convert to "student-centered" schools. In 1999, the legislature passed Act 62, which allowed new and existing department of education public schools to be established as "new century" public charter schools, with the goal of dramatically improving the State's educational standards for the twenty-first century. The legislature decided in 1999 that as long as a public charter school complies with the requirements that it be free for all attending students, that its admissions policy be nondiscriminatory, and that it meet statewide performance standards, it should be able to make decisions relating to the provision of educational services free from other statutory and regulatory requirements. Thus, Act 62, Session Laws of Hawaii 1999, nurtured the ideal of more autonomous and flexible decision-making at the school level and sought to explore alternative frameworks regarding curriculum, facilities management, instructional methods, and personnel management.
Under Act 62, Session Laws of Hawaii 1999, new century charter schools would be governed by individual school boards accountable to the board of education. Charter schools that did not meet student performance standards or were not fiscally responsible had two years to improve, or face closure by a two-thirds' majority vote of the board of education. Notably, all funds generated by individual school boards, which were not from supplementary grants, were deemed separate and apart from allotted public funds and could be expended at the discretion of the individual school boards. New century charter schools were also exempted from all applicable state laws, except laws regarding collective bargaining and discriminatory practices.
After several revisions, Hawaii's charter school laws were last reorganized by Act 130, Session Laws of Hawaii 2012, an omnibus bill based on recommendations developed by the task force on charter school governance, accountability, and authority. Among other provisions, Act 130, Session Laws of Hawaii 2012, replaced the charter school review panel with the state public charter school commission as the authorizer of public charter schools. The state public charter school commission is responsible for reviewing charter school applications and negotiating and approving performance-based charter contracts that ensure accountability in academic, financial, and organizational outcomes for each school.
Act 130, Session Laws of Hawaii 2012, also expressly provided for the establishment of additional authorizers, a first in Hawaii's charter school history. This provision was consistent with specific recommendations made by the National Association of Charter School Authorizers, which had warned against relying too long upon only a single charter school authorizer.
According to the National Association of Charter School Authorizers, a single authorizer may have a tendency to create unnecessarily bureaucratic and overly burdensome regulations over time, particularly as more charter schools are established and overseen by the authorizer. Such regulations and requirements may eventually result in the loss of charter schools' intended freedom to be innovative in their development of class curricula, instructional practices, and school administrative approaches. Additional authorizers would provide a check against the development of overly burdensome and bureaucratic requirements by giving charter schools more individualized oversight as well as the option to seek charter approval or renewal from alternative regulatory entities. Accordingly, the National Association of Charter School Authorizers specifically recommended that an additional authorizer for charter schools in Hawaii be established by July 2013.
Notwithstanding the National Association of Charter School Authorizers' specific recommendation for Hawaii, the state public charter school commission remains the State's sole public charter school authorizer. Accordingly, the commission must now oversee thirty-four public charter schools--over twice the maximum number generally recommended by the National Association of Charter School Authorizers--as well as review and decide upon all new charter school applications. Despite the statutory rulemaking authority granted by Act 130, Session Laws of Hawaii 2012, the board of education has still not begun the comprehensive rulemaking process necessary for the creation of an additional charter school authorizer. Given that four years have already passed without any action by the board of education in this regard, it seems that legislative action is necessary to facilitate the establishment of additional charter school authorizers.
The purpose of this Act is to require the board of education:
(1) By December 1, 2016, to establish the annual application and approval process and the policies, criteria, or guidelines for evaluating applications for chartering authority, via board action at a publicly noticed hearing held in accordance with chapter 92, Hawaii Revised Statutes, and in lieu of the rulemaking process under chapter 91, Hawaii Revised Statutes; and
(2) To submit to the legislature a report on the status of its policies, criteria, or guidelines for evaluating chartering authority applications no later than twenty days prior to the convening of the regular session of 2017.
SECTION 2. 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 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) [The] By December 1, 2016, 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.], and the policies,
criteria, or guidelines for evaluating applications for chartering authority.
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.
Notwithstanding the public notice and hearing requirements of chapter 91, the annual application and approval process, and the policies, criteria, or guidelines for evaluating applications for chartering authority, shall be established and may be amended from time to time by a majority vote of the board at a meeting held in accordance with chapter 92. 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] high-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) 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) In the event that an application is denied, the board shall notify the applicant in writing, via registered or certified mail with return receipt requested, stating the reason or reasons therefor, with specific references to the adopted policies, criteria, or guidelines.
[(g)] (h) 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)] (i) This section shall not
apply to the commission."
SECTION 3. No later than twenty days prior to the convening of the regular session of 2017, the board of education shall prepare and submit a report to the legislature on the status of the policies, criteria, or guidelines for evaluating applications for chartering authority.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Public Charter School Authorizers
Description:
Requires the Board of Education to establish, by December 1, 2016, policies, criteria, or guidelines for evaluating applications for chartering authority to allow additional public charter school authorizers in Hawaii.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
