reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 4 - REVOCATION OF CHARTER CONTRACT › Section 8-505-16 - Notification of prospect of revocation

Current through June, 2024
Whenever the commission has reason to believe that a
					 charter contract should be revoked, the commission shall notify the charter
					 contract holder in writing of the prospect of revocation. The notification
					 shall be served by registered or certified mail with return receipt requested
					 and shall include the following:
(1)
				  The reason why revocation is contemplated;
(2) The date by which the charter contract
				  holder shall respond, which date shall be not less than thirty days from the
				  date of notification;
(3) A
				  statement that the charter contract holder may, in its response, request a
				  hearing conducted in accordance with section 8-505-20; and
(4) A statement that the charter contract
				  holder may request legal representation subject to section
				  28-8.3,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 4 - REVOCATION OF CHARTER CONTRACT › Section 8-505-17 - Revocation decision by the commission

Current through June, 2024
(a) The commission
				  shall make a final decision on whether or not to revoke the charter contract:
(1) Within thirty days following receipt of
				  the response from the charter school of the notice of prospect of revocation if
				  no hearing is held; or
(2) Within
				  thirty days of the close of the hearing if a hearing is held.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 5 - HEARINGS › Section 8-505-20 - Hearing

Current through June, 2024
(a) If requested by the charter contract
				  holder pursuant to section 8-505-12(b)(2) or 8-505-16(3), or if deemed
				  advisable by the commission, the commission shall hold a hearing prior to
				  taking action on the revocation or nonrenewal of a charter contract.
(b) The commission shall notify the charter
				  contract holder in writing, served by registered or certified mail with return
				  receipt requested, of the date, time, and place of a hearing; provided that the
				  hearing shall take place no less than fifteen days from the date of the written
				  notification.
(c) At the hearing,
				  the charter contract holder:
(1) Shall have
				  the opportunity to submit documents and give testimony challenging the
				  rationale for revocation or nonrenewal and supporting the continuation of the
				  charter school;
(2) May be
				  represented by counsel in accordance with section
				  28-8.3,
				  Hawaii Revised Statutes; and
(3)
				  May present evidence and call witnesses on its behalf; provided, however, that
				  the commission may exclude irrelevant or unduly repetitious evidence.
The hearing shall be recorded.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 510 - APPEALS › Section 8-510-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning clearly
				  appears in the context:
"Appellant" means the party taking an appeal.
"Applicant" means the applicant who submits a charter
				  application to an authorizer.
"Authorizer" means an authorizer as defined in section
				  302D-1, Hawaii
				  Revised Statutes.
"Board" means the board of education.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 510 - APPEALS › Section 8-510-3 - When appeal allowed

Current through June, 2024
An appeal may only be taken from a decision by an authorizer
				  as provided by law to:
(1) Deny
				approval of a start-up or conversion charter school application;
(2) Deny renewal of a charter contract;
				or
(3) Revoke a charter contract.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 510 - APPEALS › Section 8-510-4 - When appeal taken

Current through June, 2024
An appeal shall be filed with the board within twenty-one
				  days after the applicant's or the charter school's receipt of the notification
				  of the authorizer's decision. For these purposes, an authorizer's notification
				  of decision shall be deemed received three days after the date of mailing to
				  the applicant or charter school as computed in accordance with section
				  8-510-14.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 510 - APPEALS › Section 8-510-5 - Notice of appeal

Current through June, 2024
An appeal shall commence by the filing of a notice of appeal
				  which shall clearly identify the appellant, contact information for the
				  appellant, and the decision being appealed. The appellant shall file the notice
				  of appeal with the board in accordance with section
				  8-2-2, and shall serve a copy upon
				  the authorizer at the office of the authorizer.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 510 - APPEALS › Section 8-510-6 - Record on appeal

Current through June, 2024
Within seven days of the filing of the notice of appeal, the
				  authorizer shall transmit to the board the entire record relating to the
				  decision being appealed, and shall transmit to the appellant an index of the
				  record which was transmitted to the board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 510 - APPEALS › Section 8-510-7 - Opening brief

Current through June, 2024
Within ten days after the filing of the notice of appeal,
				  the appellant shall file with the board and serve upon the authorizer an
				  opening brief, which shall contain the following:
(1) A concise statement of the case, setting
				forth the nature of the case, the course and disposition of the proceedings by
				the authorizer, and the facts material to consideration of the questions and
				points presented. In presenting those material facts, the appellant shall
				clearly set forth all supporting and contradictory evidence that was presented
				to, or considered by, the authorizer;
(2) The argument, containing contentions of
				the appellant on the points presented and the reasons therefor, with citations
				to the authorities, rules, statutes, and parts of the record relied upon;
				and
(3) A conclusion, stating with
				particularity the relief sought.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 510 - APPEALS › Section 8-510-9 - Reply brief

Current through June, 2024
(a) Within seven days of being served with
				the authorizer's answering brief, the appellant may, but is not required to,
				file with the board and serve upon the authorizer a reply brief in response to
				the answering brief.
(b) The reply
				brief shall respond only to arguments raised in the answering brief. Any
				argument raised for the first time in the reply brief shall be disregarded.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 510 - APPEALS › Section 8-510-11 - Decision on appeal

Current through June, 2024
(a) Upon review of
				the record, the board may affirm the decision of the authorizer, remand the
				case with instructions for further proceedings, or reverse or modify the
				decision if the substantial rights of the appellant may have been prejudiced
				because the authorizer's decision is:
(1) In
				violation of statutory or regulatory provisions;
(2) In excess of the authority or
				jurisdiction of the authorizer;
(3)
				Made upon unlawful procedure;
(4)
				Affected by other error of law;
(5)
				Clearly erroneous in view of the reliable, probative, and substantial evidence
				on the whole record; or
(6)
				Arbitrary or capricious, or characterized by abuse of discretion or clearly
				unwarranted exercise of discretion.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 510 - APPEALS › Section 8-510-12 - Page limits for briefs

Current through June, 2024
(a) An opening or
				answering brief shall not exceed thirty double-spaced pages, and a reply brief
				shall not exceed fifteen double-spaced pages, exclusive of indexes and
				appendices.
(b) An authorizer or
				appellant may request an increase in the number of pages beyond the limits
				defined in subsection (a) which may be granted by the board at its discretion,
				provided that any such request shall not toll the time for filing of the brief.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 510 - APPEALS › Section 8-510-14 - Computation of time

Current through June, 2024
The time in which any act provided in this chapter is to be
				  done is computed by excluding the first day and including the last, unless the
				  last day is a Saturday, Sunday, or holiday and then it is also excluded. When
				  the prescribed period of time is less than seven days, Saturdays, Sundays, or
				  legal holidays within the designated period shall be excluded in the
				  computation.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 8-515-1 - Purpose

Current through June, 2024
This chapter governs the application process to become a
					 charter school authorizer, oversight and evaluation of authorizers and the
					 commission, renewal or nonrenewal of chartering authority, and revocation of
					 chartering authority pursuant to chapter 302D, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 8-515-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning clearly
					 appears in the context: "Applicant" means the applicant who submits an
					 application for chartering authority to the board.
"Authorizer" means an entity with chartering authority
					 established pursuant to section
					 302D-4,
					 Hawaii Revised Statutes. For purposes of this chapter, this term does not
					 include the commission.
"Authorizing contract" means a fixed-term, renewable
					 contract between an authorizer and the board that outlines the performance
					 expectations of the authorizer and the roles, powers, and responsibilities for
					 each party to the contract.
"Board" means the board of education.
"Commission" means the state public charter school
					 commission established pursuant to section
					 302D-3,
					 Hawaii Revised Statutes, with statewide chartering authority.
"Chartering authority" means the authority to review
					 charter applications, decide whether to approve or deny charter applications,
					 enter into charter contracts with charter applicants, oversee public charter
					 schools, and decide whether to authorize, renew, deny renewal of, or revoke
					 charter contracts in accordance with chapter 302D, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 1 - GENERAL PROVISIONS › Section 8-515-3 - Computation of time

Current through June, 2024
The time in which any act provided in this chapter is to be
					 done is computed by excluding the first day and including the last, unless the
					 last day is a Saturday, Sunday, or state holiday and then it is also excluded.
					 When the prescribed period of time is less than seven days, Saturdays, Sundays,
					 or state holidays within the designated period shall be excluded in the
					 computation.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 2 - APPLICATIONS FOR CHARTERING AUTHORITY › Section 8-515-5 - Applications, generally

Current through June, 2024
(a) The board shall
				  develop an application form, process, and processing schedule for applying to
				  become an authorizer pursuant to section
				  302D-4,
				  Hawaii Revised Statutes. The application form shall include a description of
				  the application process and the application processing schedule.
(b) The board shall develop policies,
				  criteria, or guidelines for evaluating applications for chartering authority
				  based on nationally recognized principles and standards for quality charter
				  authorizing, as applicable to local conditions. At a minimum, the policies,
				  criteria, or guidelines included in the application form shall be evaluated in
				  the following areas:
(1) Satisfactory
				  responses to elements of the application for chartering authority, including
				  responses that clearly explain or present:
(A) The applicant's strategic vision for
				  chartering;
(B) A plan to support
				  the vision presented, including an explanation and evidence of the applicant's
				  budget and personnel capacity and commitment to execute the responsibilities of
				  a quality authorizer, in accordance with chapter 302D, Hawaii Revised
				  Statutes;
(C) A draft or
				  preliminary outline of the request for proposals that the applicant, if
				  approved as an authorizer, would issue to solicit charter school
				  applicants;
(D) A draft of the
				  performance framework that the applicant, if approved as an authorizer, would
				  use to guide the establishment of a charter contract and for ongoing oversight
				  and evaluation of charter schools, consistent with the requirements of chapter
				  302D, Hawaii Revised Statutes;
(E)
				  A draft of the applicant's renewal, revocation, and nonrenewal processes,
				  consistent with section
				  302D-18,
				  Hawaii Revised Statutes;
(F) A
				  statement of assurance that the applicant seeks to serve as an authorizer in
				  fulfillment of the expectations, spirit, and intent of chapter 302D, Hawaii
				  Revised Statutes, and that if approved as an authorizer, the applicant will
				  fully participate in any authorizer training provided or required by the State;
				  and
(G) A statement of assurance
				  that the applicant will ensure public accountability and transparency in all
				  matters concerning its charter-authorizing practices, decisions, and
				  expenditures;
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 2 - APPLICATIONS FOR CHARTERING AUTHORITY › Section 8-515-6 - Application and approval procedure

Current through June, 2024
(a) The annual
				  application and approval cycle for chartering authority shall be no longer than
				  twelve months.
(b) The application
				  and approval procedure shall provide for and include the following:
(1) The submission of a notice of intent to
				  apply for chartering authority to the board from each interested eligible
				  entity;
(2) The timely review of
				  the notice of intent to apply by the board to determine eligibility, and
				  notification by the board to the interested entity of its eligibility to submit
				  an application for chartering authority;
(3) The timely submission of a completed
				  application for chartering authority to the board;
(4) The timely review of the application by
				  the board for completeness, and notification by the board to the applicant that
				  the application is complete or incomplete;
(5) If board deems the application
				  incomplete, an opportunity for the applicant to make corrections and submit a
				  completed application; provided that corrections are made expeditiously and no
				  wholesale changes to the application are made;
(6) Upon receipt of a completed application,
				  the review and evaluation of the application by qualified persons, including
				  but not limited to an in-person interview with representatives from the
				  applicant to assess the capacity of the applicant;
(7) An opportunity in a public forum for the
				  public, including the applicant, to provide input on each application for
				  chartering authority;
(8) Following
				  the review and evaluation of an application for chartering authority by
				  qualified persons, issuance of a written report by the evaluators with a
				  recommendation to either approve or deny the application;
(9) An opportunity for the applicant to
				  submit a written response to the written report from the evaluators, and an
				  opportunity for the evaluators to reply, in writing, to the applicant's written
				  response, if applicable;
(10)
				  Following the written report, response, and reply, as applicable, approval or
				  denial of the application by the board in a meeting open to the
				  public.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 2 - APPLICATIONS FOR CHARTERING AUTHORITY › Section 8-515-7 - Eligible entities

Current through June, 2024
(a) Governing
				  boards of accredited public and private postsecondary institutions, including
				  community colleges, technical colleges, and four-year universities shall be
				  eligible to submit an application to the board for statewide, regional, or
				  local chartering authority, in accordance with each institution's regular
				  operating jurisdiction; provided that any private postsecondary institution is
				  registered to do business in this State in accordance with state law.
(b) A state or county agency shall be
				  eligible to submit an application to the board for statewide, regional, or
				  local chartering authority.
(c)
				  Governing boards of nonprofit or charitable organizations, which are exempt
				  from federal taxes under section 501(c)(3) or 501(c)(6) of the Internal Revenue
				  Code, shall be eligible to submit an application to the board for statewide
				  chartering authority; provided that the organization is registered to do
				  business in this State in accordance with state law. 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 pursuant to section
				  302D-4(d),
				  Hawaii Revised Statutes.
(d) For
				  purposes of this subchapter:
"Local chartering authority" means chartering authority
					 within one or more designated department of education complex areas.
"Regional chartering authority" means chartering authority
					 within a county or an island-wide geographic area.
(e) The board may disqualify any application
				  as provided by law.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 3 - OVERSIGHT AND EVALUATION OF AUTHORIZERS › Section 8-515-10 - Performance evaluation system

Current through June, 2024
(a) The board shall
				  develop a performance evaluation system to assess the effectiveness of all
				  authorizers and the commission using the procedures described in sections
				  8-515-11 and 8-515-12. The performance evaluation system shall, at a minimum:
(1) Assess the effectiveness of an authorizer
				  or the commission in carrying out its duties in a manner consistent with the
				  purpose of charter schools, as determined by the board, and the spirit and
				  intent of chapter 302D, Hawaii Revised Statutes;
(2) Apply nationally recognized principles
				  and standards for quality charter authorizing, as applicable to local
				  conditions, in assessing performance; and
(3) Assess the compliance of each authorizer
				  and the commission with existing charter contracts, its authorizing contract,
				  board policies, rules, and laws, as applicable.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 3 - OVERSIGHT AND EVALUATION OF AUTHORIZERS › Section 8-515-11 - Performance evaluations

Current through June, 2024
(a) Any performance
				  evaluation of an authorizer shall use all performance indicators, measures, and
				  metrics set forth in the performance evaluation system pursuant to section
				  8-515-10.
(b) The board shall
				  develop a response form for performance evaluations, which shall be made
				  available to each authorizer who will be evaluated at least ninety days prior
				  to the performance evaluation response being due. The performance evaluation
				  response form shall also include a description of the performance evaluation
				  process,the performance evaluation processing schedule, and the performance
				  indicators, measures, and metrics set forth in the performance evaluation
				  system pursuant to section 8-515-10.
(c) The performance evaluation shall provide
				  for and include the following:
(1) At least
				  ninety days prior to the performance evaluation response being due, a written
				  notice from the board notifying the authorizer that a performance evaluation
				  will be conducted;
(2) The timely
				  submission of a completed performance evaluation response to the
				  board;
(3) Upon receipt of a
				  completed performance evaluation response, the review and evaluation of the
				  authorizer by qualified persons;
(4) An in-person interview with
				  representatives from the authorizer;
(5) A survey or interview of representatives
				  from charter schools within the authorizer's portfolio of charter
				  schools;
(6) An opportunity in a
				  public forum for the public, including the authorizer, to provide input on each
				  authorizer being evaluated;
(7)
				  Following the review and evaluation of the authorizer by qualified persons,
				  issuance of a draft of the written report by the evaluators to the authorizer,
				  and an opportunity for the authorizer to provide written comments on the draft
				  of the written performance evaluation report; and
(8) Approval of the final draft of the
				  written performance evaluation report by the board, and transmittal of the
				  report to the authorizer.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 3 - OVERSIGHT AND EVALUATION OF AUTHORIZERS › Section 8-515-12 - Special reviews

Current through June, 2024
(a) The board may
				  conduct a special review of an authorizer using some or all of the performance
				  indicators, measures, and metrics set forth in the performance evaluation
				  system pursuant to section 8-515-10 for the following reasons:
(1) Persistently unsatisfactory performance
				  of the authorizer's portfolio of charter schools;
(2) A pattern of well-founded complaints
				  about the authorizer or its charter schools; or
(3) Other objective circumstances.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 3 - OVERSIGHT AND EVALUATION OF AUTHORIZERS › Section 8-515-13 - Noncompliance

Current through June, 2024
(a) If at any time the board finds that an
				  authorizer or the commission is not in compliance with a material provision of
				  existing charter contracts, its authorizing contract, board policies, rules,
				  and laws, as applicable, the board shall notify the authorizer or commission in
				  writing of the identified problems. The notice shall be served upon the
				  authorizer or commission by registered or certified mail. In addition, the
				  board may also notify the authorizer or commission by electronic
				  mail.
(b) The authorizer or
				  commission shall have thirty days from the date of mailing of the notice to
				  respond to the identified problems and submit to the board for approval a
				  corrective action plan for remedying the problems in a reasonable
				  time.
(c) If the authorizer fails
				  to submit a corrective action plan or does not make significant progress in
				  remedying the identified problems in a reasonable time, the board shall notify
				  the authorizer that it intends to revoke the authorizer's chartering authority
				  pursuant to section
				  302D-11(d),
				  Hawaii Revised Statutes, and in accordance with subchapter 5.
(d) If the commission fails to submit a
				  corrective action plan or does not make significant progress in remedying the
				  identified problems in a reasonable time, the board may terminate the terms of
				  some or all of the members of the commission pursuant to section
				  302D-3(h),
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 4 - Renewal or Nonrenewal of Chartering Authority › Section 8-515-14 - Reasons for nonrenewal

Current through June, 2024
An authorizing contract may not be renewed for any of the
					 following reasons:
(1) Persistently
				  unsatisfactory performance of the authorizer's portfolio of public charter
				  schools;
(2) Persistent, regular,
				  or substantial violations of material provisions of a charter contract or the
				  authorizer's authorizing contract;
(3) Failure to meet or make sufficient
				  progress toward performance expectations set forth in the authorizing contract;
				  or
(4) Failure to remedy other
				  authorizing problems identified by the board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 4 - Renewal or Nonrenewal of Chartering Authority › Section 8-515-15 - Application for chartering authority renewal

Current through June, 2024
(a) The board shall
				  develop a chartering authority renewal application form, which shall be made
				  available to each authorizer whose authorizing contract will expire the
				  following calendar year. The renewal application form shall also include a
				  description of the renewal application process, the renewal application
				  processing schedule, and the policies, criteria, or guidelines described in
				  subsection (b).
(b) The board shall
				  develop policies, criteria, or guidelines for evaluating chartering authority
				  renewal applications; provided that an authorizer's performance shall be
				  determined by a performance evaluation using the performance evaluation system,
				  pursuant to section 8-515-11.
(c)
				  An authorizer seeking renewal shall submit a renewal application to the board
				  pursuant to the renewal procedures in sections 8-515-16 and 8-515-17, and the
				  renewal policies, criteria, or guidelines adopted by the board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 4 - Renewal or Nonrenewal of Chartering Authority › Section 8-515-16 - Performance report; notification of the prospect of nonrenewal

Current through June, 2024
(a) The board shall prepare a performance
				  report for each authorizer whose authorizing contract will expire the following
				  calendar year. The performance report shall summarize the authorizer's
				  performance record to date, shall be in writing, and shall be served upon the
				  authorizing contract holder by registered or certified mail. In addition, the
				  board may also notify the authorizing contract holder by electronic
				  mail.
(b) If applicable, the
				  performance report shall notify the authorizing contract holder of any
				  weaknesses, deficiencies, or concerns which may result in nonrenewal of the
				  contract and shall include but not be limited to the following:
(1) A clear and specific statement of the
				  authorizer's weaknesses or deficiencies, with references to the applicable
				  contract terms or performance standards that have not been met; and
(2) A statement that the board will make its
				  final decision on whether or not to renew the authorizing contract at a public
				  meeting, including the date, time, and place of the meeting, following the
				  opportunity for public comment.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 4 - Renewal or Nonrenewal of Chartering Authority › Section 8-515-17 - Nonrenewal decision by the board

Current through June, 2024
(a) The board shall
				  make a final decision on whether or not to renew the authorizing contract
				  within sixty days following receipt of the application for contract
				  renewal.
(b) Within fifteen days of
				  making its decision to renew or not renew the authorizing contract, the board
				  shall issue its decision in writing, served upon the authorizing contract
				  holder by registered or certified mail with return receipt requested. In
				  addition, the board may also notify the authorizing contract holder by
				  electronic mail. The decision shall set forth, with reasonable specificity, the
				  reason for its decision.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 5 - REVOCATION OF CHARTERING AUTHORITY › Section 8-515-19 - Reasons for revocation

Current through June, 2024
Chartering authority may be revoked if an authorizer
					 persists, after due notice from the board pursuant to section
					 302D-11(c),
					 Hawaii Revised Statutes, and section 8-515-13 in violating a material provision
					 of a charter contract or its authorizing contract with the board, or fails to
					 remedy other authorizing problems identified by the board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 5 - REVOCATION OF CHARTERING AUTHORITY › Section 8-515-20 - Notification of prospect of revocation

Current through June, 2024
Whenever the board has reason to believe that chartering
					 authority should be revoked, the board shall notify the authorizing contract
					 holder in writing of the prospect of revocation. The notification shall be
					 served by registered or certified mail with return receipt requested and shall
					 include the following:
(1) The reason
				  why revocation is contemplated;
(2)
				  The date by which the authorizing contract holder shall respond, which date
				  shall be not less than thirty days from the date of notification; and
(3) A statement that the board will make its
				  final decision on whether or not to revoke chartering authority at a public
				  meeting, including the date, time, and place of the meeting, following the
				  opportunity for public comment.
In addition, the board may also notify the authorizing
					 contract holder by electronic mail.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 515 - DEPARTMENT OF EDUCATION › Subchapter 5 - REVOCATION OF CHARTERING AUTHORITY › Section 8-515-21 - Revocation decision by the board

Current through June, 2024
(a) The board shall
				  make a final decision on whether or not to revoke chartering authority within
				  thirty days following receipt of the response from the authorizing contract
				  holder of the notice of prospect of revocation.
(b) Within fifteen days of making its
				  decision on whether or not to revoke chartering authority, the board shall
				  issue a report notifying the authorizing contract holder in writing, served by
				  registered or certified mail with return receipt requested, of its final
				  decision. In addition, the board may also notify the authorizing contract
				  holder by electronic mail. The report shall set forth, with reasonable
				  specificity, the reason for its decision.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 517 - CHARTER CONTRACT TRANSFERS › Section 8-517-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning clearly
				  appears in the context: "Authorizer" means an authorizer as defined in section
				  302D-1, Hawaii
				  Revised Statutes, and includes the state public charter school commission.
				  "Board" means the board of education.
"Charter contract" means a charter contract as defined in
				  section
				  302D-1, Hawaii
				  Revised Statutes.
"Chartering authority" means the authority to review charter
				  applications, decide whether to approve or deny charter applications, enter
				  into charter contracts with charter applicants, oversee public charter schools,
				  and decide whether to authorize, renew, deny renewal of, or revoke charter
				  contracts in accordance with chapter 302D, Hawaii Revised Statutes.
"Charter school" means a charter school as defined in section
				  302D-1, Hawaii
				  Revised Statutes.
"Charter transfer" means the transfer of a charter contract
				  and the oversight of the charter school whose governing board holds that
				  contract from one authorizer to another.
"Governing board" means a governing board as defined in
				  section
				  302D-1, Hawaii
				  Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 517 - CHARTER CONTRACT TRANSFERS › Section 8-517-3 - Transfer application and process

Current through June, 2024
(a) The board shall
				develop an application form and process for charter transfers in accordance
				with this chapter. The charter transfer application and approval process shall
				provide for and include, at a minimum, the following elements:
(1) The submission of a charter transfer
				application to the board;
(2) An
				opportunity for the public to comment on any proposed charter transfer;
				and
(3) A timely decision by the
				board on whether to allow the transfer. (b) The following requirements shall
				apply to any and all charter transfers:
(1)
				No charter school shall be allowed to transfer its charter contract to another
				authorizer in an attempt to reduce the level of oversight or accountability to
				which the charter school is currently subject or to avoid possible revocation
				or nonrenewal of its charter contract;
(2) No authorizer shall be allowed to
				transfer a charter contract to another authorizer in an attempt to improve the
				overall performance of its own portfolio of charter schools or to avoid
				possible revocation or nonrenewal of the charter contract;
(3) An authorizer shall not agree to accept a
				charter transfer nor shall it deny a charter transfer based on any financial
				incentives a larger portfolio of schools may provide to that
				authorizer;
(4) A charter school
				whose authorizer has initiated a closure of the school shall not be allowed to
				secure a charter contract from another authorizer;
(5) Existing charter schools shall not be
				allowed to apply for a charter school under another authorizer as a way of de
				facto transferring oversight of the school from one authorizer to another and
				circumventing the charter transfer process; provided that nothing in this
				chapter shall be construed to prevent existing charter schools from applying to
				another authorizer for replication or expansion purposes;
(6) Authorizers shall share among themselves
				information on charter schools that are transferring between them;
				and
(7) All charter transfers shall
				be in the best interest of students.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 517 - CHARTER CONTRACT TRANSFERS › Section 8-517-4 - Transfers at the end of a charter contract term

Current through June, 2024
(a) The transfer of
				a charter contract that is in its final contract year shall only be allowed if
				the governing board has met the terms of its expiring charter contract with its
				current authorizer, including any performance requirements, to a degree that
				would have otherwise resulted in charter contract renewal with the current
				authorizer, and the proposed new authorizer agrees to accept the charter
				transfer; provided that the requirements in section 8-517-3(b) are met. The
				authorizer that is a party to the existing charter contract shall inform the
				proposed authorizer about the academic, financial, organizational, and
				operational performance status of the charter school, as well as any
				outstanding contractual obligations that exist.
(b) The governing board shall submit to the
				board and its current authorizer a written and signed letter of its intent to
				not renew the charter contract. The proposed authorizer and the governing board
				shall jointly submit to the board a charter transfer application. A proposed
				charter contract between the proposed authorizer and the governing board shall
				be submitted as part of the charter transfer application and shall identify and
				provide a plan to address any outstanding obligations from the existing charter
				contract.
(c) The charter transfer
				application shall be submitted and reviewed in accordance with the form and
				process establish pursuant to section 8-517-3(a); provided that the board shall
				make a final determination on the charter transfer application no later than
				sixty days before the expiration of the current charter contract.
(d) If the charter transfer is approved, the
				new authorizer and the governing board shall enter into a new charter contract
				effective upon the expiration of the charter contract between the current
				authorizer and governing board.
(e)
				If the charter transfer is not approved, the governing board may withdraw its
				letter of nonrenewal and proceed with its current authorizer's charter contract
				renewal process. If the charter transfer is not approved and the governing
				board does not withdraw its letter or enter into a new charter contract with
				its current authorizer, the charter contract shall be considered nonrenewed,
				and the charter school shall close in accordance with applicable law and the
				terms of the charter contract, unless the board requires a temporary extension
				of the charter contract, upon such terms and conditions it deems appropriate,
				for unique or extenuating circumstances.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 517 - CHARTER CONTRACT TRANSFERS › Section 8-517-5 - Transfers before the end of a charter contract term

Current through June, 2024
(a) The
				transfer of a charter contract that is not in its final contract year shall
				only be allowed under special circumstances pursuant to section
				302D-20, Hawaii
				Revised Statutes; provided that the requirements in section 8-517-3(b) are
				met.
(b) An authorizer or a
				governing board may submit to the board a written and signed letter requesting
				the transfer of a charter contract to another authorizer; provided that an
				authorizer may submit a letter only with the mutual consent of the governing
				board. The letter shall explain the reason for the request, provide evidence
				that the transfer is in the best interest of the charter school's students, and
				identify the proposed new authorizer that has agreed to the proposed transfer.
				The authorizer that is a party to the existing charter contract shall inform
				the proposed authorizer about the academic, financial, organizational, and
				operational performance status of the charter school, as well as any
				outstanding contractual obligations that exist.
(c) The proposed authorizer and the governing
				board shall jointly submit to the board a charter transfer application. A
				proposed charter contract between the proposed authorizer and the governing
				board shall be submitted as part of the charter transfer application and shall
				identify and provide a plan to address any outstanding obligations from the
				existing charter contract.
(d) The
				charter transfer application shall be submitted and reviewed in accordance with
				the form and process established pursuant to section 8-517-3(a); provided that
				the board shall make a final determination on the charter transfer application
				no later than May 1; provided further that the letter requesting the transfer
				and the charter transfer application are submitted by February 1 of the same
				school year.
(e) If the charter
				transfer is approved, the new authorizer and the governing board shall enter
				into a new charter contract effective July 1 of the next school year. The
				effectuation of the new charter contract shall terminate the previous charter
				contract.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 517 - CHARTER CONTRACT TRANSFERS › Section 8-517-6 - Transfers due to termination of authorizer's chartering authority

Current through June, 2024
(a) If an authorizer's chartering authority
				is terminated due to the revocation, nonrenewal, or voluntary surrender of its
				authorizing contract, the transfer of any charter contracts overseen by that
				entity shall be allowed; provided that the requirements in section 8-517-3(b)
				are met. The entity whose chartering authority is terminated shall inform the
				board about the academic, financial, organizational, and operational
				performance status of each charter school in its portfolio, as well as any
				outstanding contractual obligations that exist.
(b) Each governing board overseen by the
				entity whose chartering authority is terminated shall submit to the board a
				charter transfer application.
(c)
				The board shall solicit from the pool of existing authorizers a new authorizer
				for each charter school overseen by the entity whose chartering authority is
				terminated. Each proposed charter transfer shall be with the mutual agreement
				of the proposed new authorizer and governing board; provided that if no other
				authorizer agrees or is available to accept the transfer of a charter contract
				overseen by the entity whose chartering authority is terminated, the state
				public charter school commission shall be the new authorizer for that charter
				school.
(d) Each charter transfer
				application shall be submitted and reviewed in accordance with the form and
				process established pursuant to section 8-517-3(a) or a special expedited
				process developed and adopted by the board notwithstanding section 8-517-3(a);
				provided that the board shall make a final determination on each charter
				transfer application within forty-five days of the termination of the former
				authorizer's chartering authority but no later than sixty days before the start
				of the next school year.
(e) Upon
				the approval of each charter transfer, the new authorizer and the governing
				board shall enter into a new charter contract effective immediately. Any new
				charter contract shall be effective for the remainder of the contract term
				under the previous charter contract with the previous authorizer.
				Notwithstanding section 8-517-4, if the remaining term of the charter contract
				with the previous authorizer is less than a year, the new authorizer and
				governing board shall enter into a new charter contract with a contract term no
				less than a year.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 517 - CHARTER CONTRACT TRANSFERS › Section 8-517-7 - Computation of time

Current through June, 2024
(a) The time in which any act provided in
				this chapter is to be done is computed by excluding the first day and including
				the last, unless the last day is a Saturday, Sunday, or state holiday and then
				it is also excluded. When the prescribed period of time is less than seven
				days, Saturdays, Sundays, or state holidays within the designated period shall
				be excluded in the computation.
(b) For the purposes of this chapter, "school
				year" means a year that begins on July 1 and ends on June 30 of the following
				calendar year.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 1 - GENERAL PROVISIONS › Section 10-1-1 - Purpose

Current through June, 2024
These rules are adopted under Chapter
				91, HRS, and implement the Hawaiian
				Homes Commission Act of 1920, as amended. They are adopted in accordance with
				section 222 of the Hawaiian Homes Commission Act of 1920, as amended,
				for:
(1) Effective execution of
			 functions vested in the department by the act;
(2) To provide for management of lands and
			 funds entrusted to the department; and
(3) To further rehabilitation of the Hawaiian
			 race as stated in article XII, section 2 of the constitution of the State of
			 Hawaii.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 1 - GENERAL PROVISIONS › Section 10-1-2 - Information

Current through June, 2024
(a) Information about the department,
			 submittals, or requests may be obtained from:
(1) The main office, P.O. Box 1879, Honolulu,
			 Hawaii 96805, 91-5420 Kapolei Parkway, Kapolei, Hawaii 96707; or
(2) Neighbor island district offices as
			 follows:
(A) West Hawaii: P.O. Box 125,
			 Kamuela, Hawaii 96743; 64-755 Mamalahoa Highway, Kamuela, Hawaii
			 96743;
(B) East Hawaii: 160 Baker
			 Avenue, Hilo, Hawaii 96720;
(C)
			 Kauai: 3060 Eiwa Street, Room 203, Lihue, Kauai 96766;
(D) Maui: 655 Kaumualii Street, Suite 1,
			 Wailuku, Maui 96793; or
(E)
			 Molokai: P.O. Box 2009, Kaunakakai, Hawaii 96748; 600 Maunaloa Highway, Suite
			 D-1, Kaunakakai, Hawaii 96848.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 1 - GENERAL PROVISIONS › Section 10-1-3 - Government records

Current through June, 2024
(a) All government
			 records will be available for inspection during working hours unless otherwise
			 provided by law.
(b) Copies of
			 government records will be made available to any person requesting same upon
			 payment of the fee imposed by law.
(c) Requests for copies of government records
			 shall be signed and made on department provided forms unless otherwise provided
			 by law.
(d) Personal data received
			 or recorded by the department shall be held in absolute confidence and no
			 release of information shall be made without written approval of the individual
			 concerned.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-1 - Office

Current through June, 2024
The office of the commission is at Kapolei, Hawaii. All
				  communications to the commission shall be addressed to the Hawaiian homes
				  commission, as provided in section
				  10-1-2(a)
				  (1).
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 2 - ORGANIZATION AND MANAGEMENT › Subchapter 1 - THE COMMISSION › Section 10-2-2 - Sessions

Current through June, 2024
The commission may meet and exercise its powers in any part
				  of the State. All meetings of the commission shall be open to the public,
				  except that the commission may meet in executive session as permitted under
				  chapter
				  92, HRS, from which the public may be
				  excluded by a recorded vote of not less than two-thirds of the total membership
				  of the commission. Unless otherwise permitted under chapter
				  92, HRS, no contract, appointment, or
				  decision shall be finally acted upon at any such executive
				  session.