reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-3.5 Rules.

§302D-3.5 Rules.
Unless otherwise provided for in this chapter or chapter 302A, the commission may adopt rules pursuant to chapter 91 to administer and implement this chapter; provided that the board shall maintain exclusive rule-making authority over state educational policy. [L 2013, c 159, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-5 Authorizer powers, duties, and liabilities.

§302D-5 Authorizer powers, duties, and liabilities.
(a) Authorizers are responsible for executing the following essential powers and duties:
(1) Soliciting and evaluating charter applications;
(2) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;
(3) Declining to approve weak or inadequate charter applications;
(4) Negotiating and executing sound charter contracts with each approved charter applicant and with existing public charter schools;
(5) Monitoring, in accordance with charter contract terms, the performance and legal compliance of public charter schools; and
(6) Determining whether each charter contract merits renewal, nonrenewal, or revocation.
(b) An authorizer shall:
(1) Act as a point of contact between the department and a public charter school it authorizes;
(2) Be responsible for and ensure the compliance of a public charter school it authorizes with all applicable state and federal laws, including reporting requirements;
(3) Be responsible for the receipt of applicable federal funds from the department and the distribution of funds to the public charter school it authorizes; and
(4) Be responsible for the receipt of per-pupil funding from the department of budget and finance and distribution of the funding to the public charter school it authorizes.
(c) An authorizer shall have the power to make and execute contracts and all other instruments necessary or convenient for the exercise of its duties and functions under this chapter.
(d) An authorizer may delegate its duties to officers, employees, and contractors.
(e) Regulation by authorizers shall be limited to the powers and duties set forth in this section, and shall be consistent with the spirit and intent of this chapter.
(f) An authorizer, members of the board of an authorizer acting in their official capacity, and employees or agents of an authorizer are immune from civil and criminal liability with respect to all activities related to a public charter school authorized by that authorizer, except for any acts or omissions constituting wilful misconduct. Members of the commission shall be afforded the same protection afforded the members of the board pursuant to section 26-35.5.
(g) An authorizer shall not provide technical support to a prospective charter school applicant, an applicant governing board, or a charter school it authorizes in cases in which the technical support will directly and substantially impact any authorizer decision related to the approval or denial of the charter application or the renewal, revocation, or nonrenewal of the charter contract. This subsection shall not apply to technical support that an authorizer is required to provide to a charter school pursuant to federal law. [L 2012, c 130, pt of §2; am L 2013, c 159, §5; am L 2014, c 99, §5; am L 2015, c 114, §3; am L 2016, c 113, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-6 Principles and standards for charter authorizing.

§302D-6 Principles and standards for charter authorizing.
All authorizers shall be required to follow nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including:
(1) Organizational capacity and infrastructure;
(2) Soliciting and evaluating charter applications;
(3) Performance contracting;
(4) Ongoing public charter school oversight and evaluation; and
(5) Charter and charter contract renewal decision-making.
Authorizers shall carry out all their duties under this chapter in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this chapter. Evidence of material or persistent failure to do so shall constitute grounds for losing charter authorizing powers. [L 2012, c 130, pt of §2; am L 2013, c 159, §6]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-7 Authorizer reporting.

§302D-7 Authorizer reporting.
Every authorizer shall be required to submit to the board and the legislature an annual report summarizing:
(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;
(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) 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) 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) The services purchased from the authorizer by the public charter schools under its purview;
(7) 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) Any concerns regarding equity and recommendations to improve access to and distribution of federal funds to public charter schools. [L 2012, c 130, pt of §2; am L 2014, c 99, §6]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-8 Conflict of interests.

§302D-8 Conflict of interests.
(a) A member of the state public charter school commission shall not be eligible to serve on the commission if the member was affiliated with any public charter school within one year preceding appointment to the commission.
As used in this subsection, "affiliated" means attached or connected as a current or previous employee, governing board member, vendor, contractor, agent, or representative.
(b) An employee, trustee, agent, or representative of an authorizer shall not simultaneously serve as an employee, trustee, agent, representative, vendor, or contractor of a public charter school authorized by that authorizer. Authorizer members shall disclose to the authorizer a list of all charter schools in which the member has previously been an employee, governing board member, vendor, contractor, agent, or representative. [L 2012, c 130, pt of §2; am L 2014, c 99, §7; am L 2019, c 269, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-9 Exclusivity of authorizing functions and rights.

§302D-9 Exclusivity of authorizing functions and rights.
No governmental or other entity, other than those expressly granted chartering authority as set forth in this chapter, may assume any charter authorizing function or duty in any form, unless expressly allowed by law. [L 2012, c 130, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-10 Services purchased from authorizer; itemized accounting.

§302D-10 Services purchased from authorizer; itemized accounting.
(a) No public charter school shall be required to purchase services from its authorizer as a condition of charter approval or renewal or of executing a charter contract, nor may any such condition be implied.
(b) A public charter school may, at its discretion, choose to purchase services from its authorizer. In such event, the public charter school and authorizer shall execute an annual service contract, separate from the charter contract, stating the parties' mutual agreement concerning any services to be provided by the authorizer and any service fees to be charged to the public charter school. An authorizer may not charge more than market rates for services provided to a public charter school. [L 2012, c 130, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-11 Oversight of public charter school authorizers.

§302D-11 Oversight of public charter school authorizers.
(a) The board shall be responsible for overseeing the performance and effectiveness of all authorizers established under this chapter.
(b) In accordance with section 302D-7, every authorizer shall submit to the board and the legislature an annual report. The board shall communicate to every authorizer the requirements for the format, content, and submission of the annual report.
(c) Persistently unsatisfactory performance of an authorizer's portfolio of public charter schools, a pattern of well-founded complaints about the authorizer or its public charter schools, or other objective circumstances may trigger a special review by the board. In reviewing or evaluating the performance of authorizers the board shall apply nationally recognized principles and standards for quality charter authorizing. If at any time the board finds that an authorizer is not in compliance with an existing charter contract, its authorizing contract with the board, or the requirements of all authorizers under this chapter, the board shall notify the authorizer in writing of the identified problems, and the authorizer shall have reasonable opportunity to respond to and remedy the problems.
(d) If an authorizer persists, after due notice from the board, in violating a material provision of a charter contract or its authorizing contract with the board, or fails to remedy other identified authorizing problems, the board shall notify the authorizer, within a reasonable amount of time under the circumstances, that it intends to revoke the authorizer's chartering authority unless the authorizer demonstrates a timely and satisfactory remedy for the violation or deficiencies.
(e) In the event of revocation of any authorizer's chartering authority, the board shall manage the timely and orderly transfer of each charter contract held by that authorizer to another authorizer in the State, with the mutual agreement of each affected public charter school and proposed new authorizer. The new authorizer shall enter into a new charter contract with the charter school for the remainder of the charter term. [L 2012, c 130 pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-14.5 Approved charter applications; start-up period; pre-opening charter schools.

§302D-14.5 Approved charter applications; start-up period; pre-opening charter schools.
(a) The authorizer may require an applicant governing board whose charter application is approved by the authorizer pursuant to section 302D-13 to satisfactorily meet pre-contracting criteria set by the authorizer before being allowed to enter into a charter contract.
(b) An approved applicant governing board that fails to satisfactorily meet the pre-contracting criteria and enter into a charter contract with its authorizer within the period initially established or subsequently extended by the authorizer shall be considered to have withdrawn its application.
(c) An applicant governing board shall not be considered an entity of the State, but shall have the authority to execute the initial charter contract; provided that the term of duration of the initial charter contract shall not exceed five years, not including the pre-opening period. Upon the execution of the initial charter contract, the applicant governing board shall become the governing board of the newly established pre-opening charter school. A pre-opening charter school that is a conversion charter school shall be a separate entity of the State from the department school from which it is converting during the start-up period.
(d) The authorizer shall establish pre-opening criteria in order to ensure that a pre-opening charter school is prepared to successfully open and operate as a charter school. Until such time as the pre-opening school satisfactorily meets such pre-opening criteria and commences operations in its first full academic year, the pre-opening charter school:
(1) Shall not be entitled to receive funding under section 302D-26, 302D-28, 302D-29, or 302D-29.5;
(2) Shall employ no employees but may engage independent contractors;
(3) Shall not be subject to the performance framework under section 302D-16; and
(4) May be granted temporary exemptions from provisions of the charter contract by the authorizer.
(e) The charter contract of a pre-opening charter school that fails to satisfactorily meet its pre-opening criteria within the start-up period initially established or subsequently extended by the authorizer shall be void. The pre-opening charter school shall thereupon be considered an approved charter applicant that has withdrawn its application.
(f) An approved applicant governing board that withdraws its application shall not be allowed to execute a charter contract unless it reapplies and has its charter application approved by an authorizer in accordance with this chapter. [L 2014, c 99, pt of §1; am L 2015, c 114, §6]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-15 Appeals; charter applications, renewals, or revocations.

§302D-15 Appeals; charter applications, renewals, or revocations.
(a) The board shall have the power to decide appeals of decisions by an authorizer to deny the approval of a charter application, deny renewal of a charter contract, or revoke a charter school's charter contract. An appeal shall be filed with the board within twenty-one calendar days of the receipt of the notification of denial or revocation. Only a party whose charter application has been denied, whose charter contract renewal has been denied, or whose charter contract has been revoked may initiate an appeal under this section for cause. The board shall review an appeal and issue a final decision within sixty calendar days of the filing of the appeal.
(b) The board shall serve as the final arbitrator of appeals authorized by subsection (a).
(c) A party shall not be entitled to a hearing before the board under this section until it has exhausted all available administrative remedies.
(d) The board shall adopt rules pursuant to chapter 91 to implement this section. [L 2012, c 130, pt of §2; am L 2013, c 159, §10]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-16 Performance framework.

§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;
(5) Enrollment variance;
(6) Postsecondary readiness, as applicable for high schools;
(7) Financial performance and sustainability;
(8) Performance and stewardship, including compliance with all applicable laws, rules, and terms of the charter contract; and
(9) 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) 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) 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. [L 2012, c 130, pt of §2; am L 2013, c 159, §11; am L 2014, c 99, §11]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-19 School closure and dissolution.

§302D-19 School closure and dissolution.
(a) Prior to any public charter school closure decision, an authorizer shall have developed a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accor ­dance with the requirements of this chapter. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer. In the event of a public charter school closure for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol.
(b) In the event of a public charter school closure for any reason, the assets of the school, excluding facilities, shall be distributed first to satisfy outstanding payroll obligations for employees of the school, then to creditors of the school, and then to the state treasury to the credit of the general fund. If the assets of the school are insufficient to pay all parties to whom the school owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law.
(c) In the event of a public charter school closure for any reason, if the public charter school received an appropriation for capital improvements to its facilities, the charter school or its authorizer shall negotiate with the expending agency for a lump sum or installment repayment to the State of the amounts appropriated. This restriction shall be registered, recorded, and indexed in the bureau of conveyances or with the assistant registrar of the land court as an encumbrance on the property. Amounts received from the repayment under this subsection shall be deposited into the general fund.
(d) In the event of a public charter school closure for any reason, other public charter schools shall have the right of first refusal for the closed public charter school's facilities, if the facilities are owned by the State. If no other public charter school exercises the right of first refusal, the facilities shall revert back to the department and the State. [L 2012, c 130, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-20 Charter transfers.

§302D-20 Charter transfers.
(a) Transfer of a charter contract, and of oversight of that public charter school, from one authorizer to another before the expiration of the charter term shall not be permitted except by special petition to the board by a public charter school or its authorizer. The board shall review such petitions on a case-by-case basis and may grant transfer requests in response to special circumstances and evidence that such a transfer would serve the best interests of the public charter school's students.
(b) The board may adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2012, c 130, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-21 Annual board report.

§302D-21 Annual board report.
No later than the opening day of each regular session of the legislature, the board shall issue to the governor, the legislature, and the public, an annual report on the State's public charter schools, drawing from the annual reports submitted by every authorizer, as well as any additional relevant data compiled by the board, for the school year ending in the preceding calendar year. The annual report shall include:
(1) The board's assessment of the successes, challenges, and areas for improvement in meeting the purposes of this chapter, including the board's assessment of the sufficiency of funding for public charter schools, and any suggested changes in state law or policy necessary to strengthen the State's public charter schools;
(2) A line-item breakdown of all federal funds received by the department and distributed to authorizers;
(3) Any concerns regarding equity and recommendations to improve access to and distribution of federal funds to public charter schools;
(4) A summary of the criteria used by the charter school facilities funding working group, established pursuant to section 302D-29.5, in allocating facilities funding;
(5) A detailed breakdown of the allocation of funding through general funds and bond funds;
(6) A detailed list of the projects funded by general funds and bond funds;
(7) The status of funding for projects previously awarded; and
(8) A discussion of all board policies adopted in the previous year, including a detailed explanation as to whether each policy is or is not applicable to charter schools. [L 2012, c 130, pt of §2; am L 2013, c 159, §13; am L 2014, c 99, §14; am L 2015, c 114, §8 and c 234, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-23 Minimum educational data reporting standards.

§302D-23 Minimum educational data reporting standards.
The board shall establish educational reporting standards that shall include minimum standards for reporting fiscal, personnel, and student data, by means of electronic transfer of data files from charter schools to the department. The minimum standards established by the board shall include but not be limited to data required for the department, as the state education agency, to meet all applicable federal reporting requirements. [L 2012, c 130, pt of §2]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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.
(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.
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-38 Prior early learning programs attendance disclosure.

§302D-38 Prior early learning programs attendance disclosure.
(a) At least one parent or guardian of each child entering kindergarten shall disclose to the public charter school at which the child is enrolled the name and address of the early learning program that the child attended during the previous academic year. Each public charter school shall provide to the commission the information disclosed pursuant to this section. The commission may also require the disclosure of any other information not otherwise prohibited by law that would assist the department, the department of human services, and the executive office on early learning in developing, assessing, and implementing strategies to meet the early learning needs of children in the State. The commission and the executive office on early learning shall use the information to assist the department of human services and executive office on early learning in determining the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children and shall provide the information to the department of human services.
(b) The commission may include a request for the information required by subsection (a) on a kindergarten enrollment form or any other appropriate form used at all public charter schools.
(c) The commission shall share the information gathered 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]
Note
The effective date note at this section in the main volume is amended to read as follows: "Section effective July 1, 2023". L 2021, c 210, §9.
Cross References
Prior early learning program information, see §346-186.
Prior early learning programs attendance disclosure, see §302A-1166.
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-40 Computer science.

§302D-40 Computer science.
(a) Beginning with the 2024-2025 school year, each public charter school that serves elementary, middle, intermediate, or high school students shall offer computer science courses or computer science content at a frequency that allows a student to enroll in a computer science course or receive computer science content at least once while the student is at each of the elementary school, middle or intermediate school, and high school levels.
(b) For the purpose of this section, "offer" shall have the same meaning as in section 302A-323. [L 2021, c 158, §4]
2023 Hawaii Revised Statutes › Title 18. Education › 302H. Hawaiian Language Medium Education › 302H-1 Hawaiian language medium education program; established.

§302H-1 Hawaiian language medium education program; established.
The Hawaiian language medium education program may be established as a complete educational program or schooling experience provided to students in the medium of the Hawaiian language. The educational objectives of this program shall take into consideration how its content integrates with Hawaiian language and culture curricula and Hawaiian language medium curricula offered at the preschool and college levels, may be the same as the English language medium program, and may fulfill unique Hawaiian language medium education program goals. [L 2004, c 133, pt of §2]