Bill Text: HI SB2778 | 2010 | Regular Session | Introduced
Bill Title: Charter Schools; Education Laboratory
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2010-01-27 - (S) Referred to HRE/EDH, WAM. [SB2778 Detail]
Download: Hawaii-2010-SB2778-Introduced.html
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THE SENATE |
S.B. NO. |
2778 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to clarify certain statutory provisions vis-a-vis the education laboratory school, which is a charter school within the meaning of chapter 302B, Hawaii Revised Statutes, whose charter was approved by the board of education on August 16, 2001. These sections regarding the education laboratory school which are being clarified by this Act exist in chapter 304A, Hawaii Revised Statutes. Other clarifications in those sections are needed in order to:
(1) Ensure that the State complies with the donative intent of the Castle family of Kaneohe when they donated certain buildings to the University of Hawaii with the explicit understanding that the donated buildings be utilized for elementary and secondary school educational purposes only; and
(2) Exempt the current provision in section 304A-2266, Hawaii Revised Statutes, which allows the education laboratory school to charge tuition for summer school from the general statutory provision in section 302B-12(f), Hawaii Revised Statutes, which prohibits charter schools from charging tuition. This is in line with the current public school policy of charging tuition for summer school classes while not charging tuition for classes that are conducted during the regular school year.
SECTION 2. Section 304A-1006, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-1006[]]
Compensation of education laboratory school cafeteria personnel. The
compensation of all cafeteria workers and the cafeteria manager at the
education laboratory school cafeteria, or any successor organization or unit,
shall be paid out of the general fund of the State. The university shall
include, in its budgetary request for each upcoming fiscal period, the amounts
necessary to carry out the purposes of this section. For purposes of this
section, "education laboratory school" mean the same school as in section
304A-2266. As used in this section, the education laboratory school cafeteria
means the cafeteria that prepares meals for the students of the educational
laboratory school, with that cafeteria being located in the multi-purpose
building, which is located in the mauka-ewa corner of the intersection of Dole
street and University avenue, and which is just makai of the concrete two-story
building which houses part of the education laboratory school. The cafeteria
and multi-purpose building, along with the adjacent portable classroom
building, some of which are located directly mauka of the multi-purpose
building and others of which are located mauka-ewa of the multi-purpose
building, Castle Memorial Hall which is located ewa of the multi-purpose
building, the athletic field and concomitant locker room, and the two
instructional staff offices/classroom buildings which are located mauka-ewa of
the multi-purpose building, or the replacement structures for all of the
foregoing buildings, which when built shall be located on the same footprint of
the current buildings or in close proximity thereto, shall be used exclusively
by the education laboratory school for its educational purposes, which shall
include but not be limited to physically and academically nourishing the
educational laboratory school students."
SECTION 3. Section 304A-2266, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-2266[]]
Education laboratory school summer programs revolving fund. There is
established the education laboratory school summer programs revolving fund,
from which shall be paid the cost of operations of the education laboratory
school summer programs. The education laboratory school may establish appropriate
charges for activities related to its summer programs, the proceeds from which
shall be deposited into this revolving fund. As used in this section, the
education laboratory school is the chapter 302A charter school that is
recognized by that name by the department of education, and whose charter was
approved by the board of education on August 16, 2001. Notwithstanding any
provision of law, including section 302B-12(f), prohibition against charter
schools charging tuition, Hawaii administrative rules, or the provisions,
memoranda, documents, policies, or writings of any part of the state
government, the education laboratory school:
(1) Shall have the authority to charge tuition for summer programs only; and
(2) Shall have a local school board, within the meaning of chapter 302B, which shall consist of members who are only within the categories stated in section 302A-7; provided that no member of that local school board who is either directly or indirectly affiliated with any part of the University of Hawaii, including but not limited to university employees, shall be a voting member of that local school board."
SECTION 4. In implementing the provisions in section 3 of this Act, the individuals who are education laboratory school local school board members and barred from holding positions on that local school board for three years, with the education laboratory school's then current by-laws being repealed and the initial by-laws of the education laboratory school being reinstated in its place, and with the individual who was the initial chair of that local school board being placed in that position of chair for a period of three years. Thereafter that initial chair shall appoint individuals to fill all of the vacancies on that local school board except for those vacant positions whose position holders must be selected by their constituent groups pursuant to section 302B-7, Hawaii Revised Statutes, with those replacements being selected pursuant to the selection process in section 302B-7, Hawaii Revised Statutes; provided that after the initial appointment of that local school board's members who hold appointed positions, whenever a vacancy in an appointed local school board member position occurs, the individual who is the chair of that local school board at the time the vacancy occurs shall appoint the individual to fill that vacancy.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Charter Schools; Education Laboratory
Description:
Clarifies certain statutory provisions relating to the education laboratory charter school.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
