Bill Text: HI SB3037 | 2020 | Regular Session | Introduced
Bill Title: Relating To Charter Schools.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2020-03-13 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on LAB with none voting aye with reservations; none voting no (0) and Representative(s) Gates, McDermott, Thielen excused (3). [SB3037 Detail]
Download: Hawaii-2020-SB3037-Introduced.html
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THE SENATE |
S.B. NO. |
3037 |
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THIRTIETH LEGISLATURE, 2020 |
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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. Section 302D-7, Hawaii Revised Statutes, is amended to read as follows:
"§302D-7
Authorizer reporting. Every
authorizer shall be required to submit to the board and the legislature an
annual report [summarizing:] that includes:
(1) The authorizer's strategic vision for
chartering and progress toward achieving that vision;
(2) [The academic performance of all operating
public charter schools overseen by the authorizer, according to the performance
expectations for public charter schools set forth in this chapter, including a
comparison of the performance of public charter school students with public
school students statewide;] The
performance report for each public charter school it oversees, in accordance
with the performance framework set forth in the charter contract and section
302D-16;
[(3) The financial performance of all operating
public charter schools overseen by the authorizer, according to the performance
expectations for public charter schools set forth in this chapter;
(4)] (3) The
status of the authorizer's public charter school portfolio, identifying all
public charter schools and applicants in each of the following categories: approved (but not yet open), approved (but
withdrawn), not approved, operating, renewed, transferred, revoked, not
renewed, or voluntarily closed;
[(5)] (4) The
authorizing functions provided by the authorizer to the public charter schools
under its purview, including the authorizer's operating costs and expenses
detailed in annual audited financial statements that conform with generally
accepted accounting principles;
[(6)] (5) The services purchased from the
authorizer by the public charter schools under its purview;
[(7)] (6) A line-item breakdown of the federal
funds received by the department and distributed by the authorizer to public
charter schools under its control; and
[(8)] (7) Any concerns regarding equity and
recommendations to improve access to and distribution of federal funds to
public charter schools."
SECTION 2. Section 302D-13, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The charter school application process and schedule shall be determined by the authorizer, and shall provide for and include, at a minimum, the following elements:
(1) The issuance and publication of a request for proposals by the authorizer on the authorizer's internet website that, at a minimum:
(A) Solicits charter applications and presents the authorizer's strategic vision for chartering;
(B) Includes or directs applicant governing boards to the performance framework developed by the authorizer in accordance with section 302D-16;
(C) Includes criteria that will guide the authorizer's decision to approve or deny a charter application;
(D) States clear, appropriately detailed questions and provides guidelines concerning the format and content essential for applicant governing boards to demonstrate the capacities necessary to establish and operate a successful charter school; and
(E) Requires charter applications to provide or describe all essential elements, as determined by the authorizer, of proposed school plans;
(2) The submission of a letter of intent to open and operate a start-up charter school or to convert a department school to a conversion charter school;
(3) The timely submission of a completed charter application to the authorizer; provided that a charter application for a conversion charter school shall include certification and documentation that the charter application was approved by a majority of the votes cast by existing administrative, support, and teacher personnel, and parents of students at the existing department school; provided that:
(A) This vote shall be considered by the authorizer to be the primary indication of the existing administrative, support, and teaching personnel, and parents' approval to convert to a charter school;
(B) The balance of stakeholders represented in the vote and the extent of support received in support of the conversion shall be key factors, along with the applicant's proposed plans, to be considered by the authorizer when deciding whether to award a charter; and
(C) A breakdown of the number of administrative, support, and teaching personnel, and parents of students who constitute the existing department school and the number who actually participated in the vote shall be provided to the authorizer;
[(4) The timely
review of the charter application by the authorizer for completeness, and
notification by the authorizer to the applicant governing board that the
charter application is complete;
(5)] (4) Upon receipt of a completed charter
application, the review and evaluation of the charter application by qualified
persons including but not limited to:
(A) An in-person interview with representatives from the applicant governing board; and
(B) An opportunity in a public forum for the public to provide input on each charter application;
[(6)] (5) Following the review and evaluation of
a charter application, approval or denial of the charter application by the
authorizer in a meeting open to the public;
[(7)] (6) A provision for a final date by which a
decision to approve or deny a charter application must be made by the
authorizer, upon receipt of a complete charter application; and
[(8)] (7) A provision that no charter school may
begin operation before obtaining authorizer approval of its charter application
and charter contract and fulfilling pre-opening requirements that may be
imposed by the authorizer, pursuant to section 302D-14.5."
SECTION 3. Section 302D-16, Hawaii Revised Statutes, is amended to read as follows:
"§302D-16 Performance framework. (a) The performance provisions within the charter contract shall be based on a performance framework that clearly sets forth the academic, financial, organizational, and operational performance indicators, measures, and metrics that will guide the authorizer's evaluations of each public charter school. The performance framework, as established by the authorizer, shall include indicators, measures, and metrics for, at a minimum:
(1) Student academic proficiency;
(2) Student academic growth;
(3) Achievement gaps [in
proficiency and growth] between major student subgroups;
(4) [Attendance;]
Post-secondary readiness;
(5) [Enrollment]
Budget variance;
[(6) Postsecondary
readiness, as applicable for high schools;
(7)] (6) Financial performance and
sustainability;
[(8)] (7) Performance and stewardship, including
compliance with all applicable laws, rules, and terms of the charter contract;
and
[(9)] (8) Organizational viability.
(b) Annual academic performance targets shall be set by each public charter school in conjunction with its authorizer, and shall be designed to track each school in meeting applicable federal, state, and authorizer expectations.
(c) The performance framework shall allow the inclusion of additional rigorous, valid, and reliable indicators proposed by a public charter school to augment external evaluations of its performance; provided that the authorizer approves the quality and rigor of such school-proposed indicators, and the indicators are consistent with the purposes of this chapter and the charter contract.
[(d) The performance framework shall require the
disaggregation of all student performance data by major student subgroups.
(e)] (d)
For each public charter school it oversees, the authorizer shall be
responsible for verifying and either maintaining or having access to all
charter school data upon which the performance framework relies.
[(f)] (e)
Multiple schools overseen by a single governing board shall be required
to report their performance as separate, individual charter schools, and each
charter school shall be held independently accountable for its performance."
SECTION 4. Section 302D-17, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) [Each authorizer shall annually publish
and provide, as part of its annual report to the board and the legislature, a
performance report for each public charter school it oversees, in accordance
with the performance framework set forth in the charter contract and section
302D-16.] The authorizer may require
each public charter school it oversees to submit an annual report to assist the
authorizer in gathering complete information about each school. The annual report may include the status of
the charter school's compliance with annual performance targets, as determined
by the charter contract."
SECTION 5. Section 302D-32, Hawaii Revised Statutes, is amended to read as follows:
"§302D-32
Annual audit. Each charter school shall annually complete
an independent financial audit that complies with the requirements of its
authorizer and the department. The
authorizer shall [select three independent auditors,] provide to each
charter school it oversees a list of approved independent auditors, from
which the charter school shall select one independent auditor to comply with
this section."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Charter Schools; Performance Framework; Authorizer; Annual Report; Annual Audit
Description:
Amends the performance framework requirements for charter schools. Amends authorizers' reporting and audit requirements. Amends authorizers' responsibilities in reviewing charter applications.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
