reglab/housing_qa huggingface dataset:
HI Rev Stat § 302D-25 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-25 Applicability of state laws.

  §302D-25 Applicability of state laws. (a) Charter schools shall be exempt from chapters 91 and 92 and 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 governing 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's authorizer for distribution to the charter school; and  (C) These supplemental agreements may differ from the master contracts negotiated with the department;  (2) Discriminatory practices under section 378-2; and  (3) Health and safety requirements.  (b) Charter schools, the commission, and authorizers shall be exempt from chapter 103D, but shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices. Charter schools, the commission, and authorizers are encouraged to use the provisions of chapter 103D where possible; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption from chapter 103D and shall not subject the charter school, commission, or authorizer to any other provision of chapter 103D. Charter schools, the commission, and authorizers shall account for funds expended for the procurement of goods and services, and this accounting shall be available to the public.  (c) Charter schools and their employees, the commission and its employees, and governing boards and their members shall be subject to chapter 84.  (d) Any charter school, prior to the beginning of the school year, may enter into an annual contract with any department for centralized services to be provided by that department.  (e) Notwithstanding any law to the contrary, as public schools and entities of the State, a charter school, including its governing board, the commission, and any authorizer may not bring suit against any other entity or agency of the State.  (f) Charter schools, the commission, and authorizers shall be exempt from section 302A-1401.  (g) For purposes of statutory delegation of authority to department heads by other state agencies, the executive director shall be deemed the department head of the commission and charter schools unless otherwise specifically provided. [L 2012, c 130, pt of §2; am L 2014, c 99, §16]
HI Rev Stat § 302D-26 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-26 Civil service status; employee rights.

 §302D-26 Civil service status; employee rights. (a) Civil service employees of department schools shall retain their civil service status upon the conversion of their school to a conversion charter school. Positions in a conversion charter school that would be civil service in a department school shall be civil service positions and subject to chapter 76. An employee with civil service status at a conversion charter school who transfers, is promoted, or takes a voluntary demotion to another civil service position shall be entitled to all of the rights, privileges, and benefits of continuous, uninterrupted civil service. Civil service employees of a conversion charter school shall have civil service status in the department's civil service system and shall be entitled to all rights, privileges, and benefits as other civil service employees employed by the department. Exempt employees as provided in section 76-16(b)(11)(B) of a conversion charter school shall have support services personnel status in the department's support services personnel system and shall be entitled to all rights, privileges, and benefits as other exempt employees employed by the department in their support services personnel system.  (b) The State shall afford administrative, support, and instructional employees in charter schools full participation in the State's systems for retirement, workers' compensation, unemployment insurance, temporary disability insurance, and health benefits in accordance with the qualification requirements for each.  (c) The department, to the extent possible, shall provide its position listings to authorizers and any interested governing board of any charter school.  (d) The department, in conjunction with authorizers, shall facilitate the movement of instructional personnel between the department and charter schools; provided that:  (1) Comparable and verifiable professional development and employee evaluation standards and practices, as determined and certified by the authorizers, are in place in charter schools for instructional staff;  (2) Licensed charter school teachers, as determined by the Hawaii teacher standards board, who are not yet tenured in the department and are entering or returning to the department after employment at a charter school, shall be subject to a probationary period in the department pursuant to policies and practices as determined by the department, the board, and collective bargaining agreements; and  (3) Tenured department licensed teachers, as determined by the department, who transfer to charter schools shall be subject to the appropriate collective bargaining agreement.  (e) The department shall establish a process that permits employees of department public schools that become conversion charter schools pursuant to section 302D-13 to transfer to a department public school governed by chapter 302A. [L 2012, c 130, pt of §2; am L 2014, c 99, §17; am L 2015, c 112, §2 and c 114, §9]
HI Rev Stat § 302D-27 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-27 Administration of workers' compensation.

 §302D-27 Administration of workers' compensation. The department of human resources development shall administer workers' compensation claims for employees of charter schools, who shall be covered by the same self-insured workers' compensation system as other public employees. The department of human resources development shall process, investigate, and make payments on claims; provided that:  (1) Charter schools shall compile the preliminary claim form and forward it to the department of human resources development; and  (2) The department of human resources development shall receive no more than 0.07 per cent of the EDN 600 appropriation to process these workers' compensation claims. [L 2012, c 130, pt of §2]
HI Rev Stat § 302D-28.5 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-28.5 Financial insolvency.

  §302D-28.5 Financial insolvency. (a) In the event that any public charter school becomes financially insolvent, the school shall be deemed to have surrendered its charter. For purposes of this section, a school shall be determined to be financially insolvent when it is unable to pay its staff when payroll is due.  (b) In the event that any public charter school becomes financially insolvent, the authorizer shall adopt a closure protocol as described under section 302D-19(a). [L 2015, c 110, §1]
HI Rev Stat § 302D-29 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-29 Weighted student formula

 §302D-29 Weighted student formula. (a) Notwithstanding section 302D-28, charter schools shall elect whether to receive allocations calculated according to the department's procedures and methodology used to calculate the weighted student formula allocation adopted pursuant to section 302A-1303.6; provided that:  (1) All charter schools, as a group, with each governing board being accorded one vote, shall elect, by greater than two-thirds agreement among the governing boards, whether to receive allocations calculated through the department's procedures and methodology for the weighted student formula; provided that a nonprofit organization that governs more than one conversion charter school may cast one vote representing each school it governs; and  (2) Any election by charter schools to receive allocations, or not to receive allocations, calculated through the procedures and methodology for 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.  (b) The charter schools, through their authorizer, may propose to the board an alternative weighted student formula, approved by more than two-thirds of the governing boards, with each governing board being accorded one vote, to be administered by the commission and to apply to the per-pupil allocation for charter schools. [L 2012, c 130, pt of §2]
HI Rev Stat § 302D-29.5 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-29.5 Facilities funding.

  §302D-29.5 Facilities funding. (a) Beginning with the 2016-2017 fiscal year, and each fiscal year thereafter, the legislature shall consider making an appropriation and bond authorization to the commission for the design, planning, construction, repair, and maintenance of public charter school improvements to address issues of health, safety, and legal compliance; expand or improve instructional space; provide for food services; or provide restroom facilities. The appropriation and bond authorization for charter schools shall be separate from, and in addition to, any appropriation made to charter schools pursuant to this section and section 302D-28. These amounts shall be prioritized for allocation by the charter school facilities funding working group.  (b) The governor, pursuant to chapter 37, may impose restrictions or reductions on appropriations for charter schools similar to those imposed on department schools.  (c) This section shall not limit the ability of the director of finance to modify or amend any allotment pursuant to chapter 37.  (d) There is established a charter school facilities funding working group within the department of education, which shall consist of the following members, or their designees:  (1) The chairperson of the commission;  (2) The executive director of the commission;  (3) The director of finance;  (4) The comptroller;  (5) The superintendent of education;  (6) An individual with expertise in real estate, to be appointed by the chairperson of the commission; and  (7) An individual with expertise in finance, to be appointed by the chairperson of the commission.  The commission shall develop criteria to determine the distribution of funds appropriated pursuant to subsection (a) to the charter schools. The criteria shall include distribution based on the need and performance of the charter schools, overall benefit to the surrounding community, amount of risk and availability of recourse to the State, and whether a particular charter school received facilities funding through other state funding, including grants-in-aid or a separate appropriation.  The charter school facilities funding working group shall be exempt from chapter 92 and shall act in an advisory capacity to prioritize the allocation of general fund appropriations and bond proceeds for public charter schools to expend based on the criteria established by the commission.  (e) Nothing in this section shall be construed as restricting the authority of the commission to support the facilities needs of the charter schools through other means. [L 2013, c 159, pt of §1; am L 2014, c 99, §19; am L 2015, c 234, §4]
HI Rev Stat § 302D-30 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-30 Responsibilities of the department; special education services.

 §302D-30 Responsibilities of the department; special education services. (a) The department shall collaborate with each authorizer to develop a system of technical assistance related to compliance with federal and state laws and access to federal and state funds. The department shall collaborate with each authorizer to develop a list of central services that the department may offer for purchase by a charter school at an annual cost to be negotiated between an individual charter school and the department. The department shall enter into a contract with a charter school to provide these services, which shall be renegotiated on an annual basis.  (b) The department shall be responsible for the provision of a free appropriate public education. Any charter school that enrolls special education students or identifies one of its students as eligible for special education shall be responsible for providing the educational and related services required by a student's individualized education program. The programs and services for the student shall be determined collaboratively by the student's individualized education program team, which includes the student's parents or legal guardians.  If the charter school is unable to provide all of the required services, then the department shall provide the student with services as determined by the student's individualized educational program team. The department shall collaborate with the commission to develop guidelines related to the provision of special education services and resources to each charter school. The department shall review all of the current individualized education programs of special education students enrolled in a charter school and may offer staff, funding, or both, to the charter school based upon a per-pupil weighted formula implemented by the department and used to allocate resources for special education students in the department schools. [L 2012, c 130, pt of §2; am L 2014, c 99, §20]
HI Rev Stat § 302D-31 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-31 Athletics.

  §302D-31 Athletics. The department shall provide students at charter schools, including students enrolled at charter schools whose curriculum incorporates virtual education, with the same opportunity to participate in athletics as is provided to students at department schools. If a student at any charter school wishes to participate in a sport for which there is no program at the charter school, the department shall allow that student to participate in a comparable program at the department school in the service area in which the student resides. All charter school students participating in athletics shall abide by all rules, regulations, and policies of the athletic league, association, and program applicable to the department school in whose athletic program the student is participating. [L 2012, c 130, pt of §2; am L 2013, c 159, §14; am L 2014, c 99, §21]
HI Rev Stat § 302D-32 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-32 Annual audit.

  §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 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. [L 2013, c 159, pt of §1; am L 2014, c 99, §22; am L 2019, c 269, §4; am L 2021, c 166, §1]
HI Rev Stat § 302D-33 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-33 Criminal history record checks.

 §302D-33 Criminal history record checks. (a) The authorizer shall require charter schools to obtain verifiable information regarding the criminal history of persons who are employed or seeking employment in any position, including teacher trainees, that places them in close proximity to children, including criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the charter school for the purpose of determining whether a person is suitable for working in close proximity to children. All such decisions shall be subject to applicable federal laws and regulations.  (b) The employer or prospective employer may:  (1) Refuse to allow or continue to allow teacher training;  (2) Terminate the employment of any employee; or  (3) Deny employment to an applicant, if the person has committed a crime, and if the employer or prospective employer finds by reason of the nature and circumstances of the crime, that the person poses a risk to the health, safety, or well-being of children. Refusal, termination, or denial may occur only after appropriate investigation and notification to the employee or applicant of the results and planned action and after the employee or applicant is given an opportunity to meet and rebut the findings. Nothing in this subsection shall abrogate any applicable rights under chapter 76 or 89, or any administrative rule of the commission.  (c) Notwithstanding any other law to the contrary, for purposes of this section, the commission shall be exempt from section 831-3.1 and shall not be required to conduct investigations, notifications, or hearings in accordance with chapter 91. [L 2013, c 159, pt of §1; am L 2015, c 114, §10]
HI Rev Stat § 302D-35 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-35 Use of vacant department facilities.

  §302D-35 Use of vacant department facilities. (a) When any department considers whether to close any particular facility, it shall give reasonable consideration to making all or portions of the facility available to public charter schools and early learning programs that are affiliated with a public charter school.  (b) Each department shall provide notice to the superintendent and state public charter school commission identifying suitable unused facilities that may be appropriate for:  (1) Public charter schools; and  (2) Early learning programs, including the pre-plus program, that are affiliated with a public charter school.  The department of accounting and general services shall inventory the suitable facilities, and, in determining suitability for educational reuse, priority shall be given to facilities on sites with sufficient space for three or more classrooms.  (c) The department of accounting and general services shall conduct biennial surveys of all departments concerning any unused facilities, or in the case of the department of education any under utilized department schools, that meet the conditions under subsection (b) and maintain an inventory of all such unused or under utilized facilities. The department of accounting and general services shall provide biennial reports on the inventory maintained under this subsection to the state public charter school commission.  (d) The department of accounting and general services shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.  (e) For purposes of this section, "department" means all of the departments listed in section 26-4.  (f) Upon receipt of a notice pursuant to subsection (b), the state public charter school commission shall:  (1) Solicit applications from public charter schools or early learning programs that are affiliated with a public charter school, respectively, that are interested in using and occupying all or portions of the facilities; and  (2) Submit a prioritized list of public charter schools or early learning programs that are affiliated with a public charter school, respectively, to the department of accounting and general services for final determination of which public charter schools or early learning programs that are affiliated with a public charter school, if any, shall be authorized to use and occupy the facilities. [L 2015, c 234, §2; am L 2018, c 85, §1]
HI Rev Stat § 302D-36 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-36 Youth suicide awareness and prevention protocol.

  §302D-36 Youth suicide awareness and prevention protocol. (a) Each charter school shall provide a youth suicide awareness and prevention training program and risk referral protocol to school personnel who work directly with students in kindergarten through grade twelve on an annual basis in accordance with section 302A-856.  (b) By September 15 of each year, each charter school shall report to the department on prior school year training prevention activities completed as described under section 302A-856.  (c) Neither the department nor any of its agencies, boards, members, personnel, designees, agents, or volunteers shall be liable in civil damages to any party for any act or omission of an act relating to the provision of, participation in, or implementation of the components of the training program or protocol required by this section unless that act or omission amounts to gross negligence, wilful and wanton conduct, or intentional wrongdoing. [L 2019, c 270, §2] Note  Section applies beginning with the 2019-2020 school year. L 2019, c 270, §4.
HI Rev Stat § 302D-37 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302D. Public Charter Schools|302D-37 Standardized assessment for students entering kindergarten.

  §302D-37 Standardized assessment for students entering kindergarten. [Section effective July 1, 2023.] (a) The commission shall adopt the kindergarten entry assessment adopted by the board pursuant to section 302A-1165(a) to assess all charter school students entering kindergarten within the first thirty days of admission into kindergarten.  (b) The commission may waive the requirements of the uniform kindergarten entry assessment on a case-by-case basis.  (c) The commission shall share the information gathered from public charter schools pursuant to this section with the department, department of human services, and executive office on early learning to the extent not otherwise prohibited by administrative rule or law. [L 2020, c 46, pt of §3; am L 2021, c 210, §9] Cross References  Prior early learning program information, see §346-186.  Standardized assessment for students entering kindergarten, see §302A-1165.