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| 1 | - | HOUSE OF REPRESENTATIVES H.B. NO. 1294 THIRTY-FIRST LEGISLATURE, 2021 H.D. | |
| 1 | + | HOUSE OF REPRESENTATIVES H.B. NO. 1294 THIRTY-FIRST LEGISLATURE, 2021 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO EDUCATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
| 2 | 2 | ||
| 3 | 3 | HOUSE OF REPRESENTATIVES H.B. NO. 1294 | |
| 4 | - | THIRTY-FIRST LEGISLATURE, 2021 H.D. | |
| 4 | + | THIRTY-FIRST LEGISLATURE, 2021 H.D. 1 | |
| 5 | 5 | STATE OF HAWAII | |
| 6 | 6 | ||
| 7 | 7 | HOUSE OF REPRESENTATIVES | |
| 8 | 8 | ||
| 9 | 9 | H.B. NO. | |
| 10 | 10 | ||
| 11 | 11 | 1294 | |
| 12 | 12 | ||
| 13 | 13 | THIRTY-FIRST LEGISLATURE, 2021 | |
| 14 | 14 | ||
| 15 | - | H.D. | |
| 15 | + | H.D. 1 | |
| 16 | 16 | ||
| 17 | 17 | STATE OF HAWAII | |
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| 30 | 30 | ||
| 31 | 31 | A BILL FOR AN ACT | |
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| 35 | 35 | ||
| 36 | 36 | ||
| 37 | 37 | RELATING TO EDUCATION. | |
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| 39 | 39 | ||
| 40 | 40 | ||
| 41 | 41 | ||
| 42 | 42 | ||
| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. The legislature finds that the special education per pupil allocation is an annual process in which special education funds are allocated to individual public schools | |
| 47 | + | SECTION 1. The legislature finds that the special education per pupil allocation is an annual process in which special education funds are allocated to individual public schools in the department of education. The department of education shares an initial spreadsheet in December of each year with a preliminary projection of the numbers of special education eligible students that are projected for the next school year and associated funding with regard to the projected number. The preliminary projection is based off of a child verification freeze date from the prior school year. Based on the preliminary projection and a final projection, the projection for the number of special education eligible students for the next school year is made. The legislature further finds that the methodology driving the special education per pupil allocation is based on an assumption that each year, student populations and special education eligible student percentages are relatively stable. The legislature also finds that this funding methodology does not account for special education students transferring from a department of education school to a charter school, in which case funding does not follow the student. This creates a situation where special education funding is lower than the actual enrolled number of students at the charter school. The purpose of this Act is to require transfer of non‑facility general fund per-pupil allocations of special education students of a department of education school to a charter school upon receipt of the completed intent to enroll form of the student at the charter school subject to certain conditions, including parent or guardian confirmation and notice of intent of the student's transfer to and enrollment in the charter school. SECTION 2. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302D- Special education per pupil allocation; allocation to charter schools upon transfer from a department school. (a) Notwithstanding any law to the contrary, any non‑facility general fund per-pupil allocation under section 302D-28 of a special education student of a department school shall be transferred to the charter school upon receipt of the completed intent to enroll form of the student at the charter school; provided that the parent or guardian of the special education student shall submit prior to the school year in which the student will be enrolled in the charter school, confirmation to the department of the student's application, acceptance, and intent to attend the charter school; provided further that the allocation transferred shall be used for special education services. (b) Upon enrollment of the special education student in the charter school, the student shall be added to the projected count for special education eligible students for the charter school in which the student attends. (c) This section shall apply only to charter schools that are approved for an expansion of grades or the number of students in their charter." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. | |
| 48 | 48 | ||
| 49 | - | SECTION 1. The legislature finds that the special education per pupil allocation is an annual process in which special education funds are allocated to individual public schools | |
| 49 | + | SECTION 1. The legislature finds that the special education per pupil allocation is an annual process in which special education funds are allocated to individual public schools in the department of education. The department of education shares an initial spreadsheet in December of each year with a preliminary projection of the numbers of special education eligible students that are projected for the next school year and associated funding with regard to the projected number. The preliminary projection is based off of a child verification freeze date from the prior school year. Based on the preliminary projection and a final projection, the projection for the number of special education eligible students for the next school year is made. | |
| 50 | 50 | ||
| 51 | - | The legislature further finds that the methodology driving the special education per pupil allocation is based on an assumption that each year, student populations and special education eligible student percentages are relatively stable. | |
| 51 | + | The legislature further finds that the methodology driving the special education per pupil allocation is based on an assumption that each year, student populations and special education eligible student percentages are relatively stable. The legislature also finds that this funding methodology does not account for special education students transferring from a department of education school to a charter school, in which case funding does not follow the student. This creates a situation where special education funding is lower than the actual enrolled number of students at the charter school. | |
| 52 | 52 | ||
| 53 | 53 | The purpose of this Act is to require transfer of non‑facility general fund per-pupil allocations of special education students of a department of education school to a charter school upon receipt of the completed intent to enroll form of the student at the charter school subject to certain conditions, including parent or guardian confirmation and notice of intent of the student's transfer to and enrollment in the charter school. | |
| 54 | 54 | ||
| 55 | 55 | SECTION 2. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: | |
| 56 | 56 | ||
| 57 | 57 | "§302D- Special education per pupil allocation; allocation to charter schools upon transfer from a department school. (a) Notwithstanding any law to the contrary, any non‑facility general fund per-pupil allocation under section 302D-28 of a special education student of a department school shall be transferred to the charter school upon receipt of the completed intent to enroll form of the student at the charter school; provided that the parent or guardian of the special education student shall submit prior to the school year in which the student will be enrolled in the charter school, confirmation to the department of the student's application, acceptance, and intent to attend the charter school; provided further that the allocation transferred shall be used for special education services. | |
| 58 | 58 | ||
| 59 | 59 | (b) Upon enrollment of the special education student in the charter school, the student shall be added to the projected count for special education eligible students for the charter school in which the student attends. | |
| 60 | 60 | ||
| 61 | 61 | (c) This section shall apply only to charter schools that are approved for an expansion of grades or the number of students in their charter." | |
| 62 | 62 | ||
| 63 | 63 | SECTION 3. New statutory material is underscored. | |
| 64 | 64 | ||
| 65 | - | SECTION 4. This Act shall take effect | |
| 65 | + | SECTION 4. This Act shall take effect upon its approval. | |
| 66 | 66 | ||
| 67 | - | Report Title: DOE; Charter Schools; Special Education Students; Funding Allocation Description: Transfers the non-facility general fund per-pupil allocation of a special education student of a department of education school to a charter school upon receipt of the completed intent to enroll form of the student at the charter school subject to certain conditions. | |
| 67 | + | Report Title: DOE; Charter Schools; Special Education Students; Funding Allocation Description: Transfers the non-facility general fund per-pupil allocation of a special education student of a department of education school to a charter school upon receipt of the completed intent to enroll form of the student at the charter school subject to certain conditions. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 68 | 68 | ||
| 69 | 69 | ||
| 70 | 70 | ||
| 71 | 71 | Report Title: | |
| 72 | 72 | ||
| 73 | 73 | DOE; Charter Schools; Special Education Students; Funding Allocation | |
| 74 | 74 | ||
| 75 | 75 | ||
| 76 | 76 | ||
| 77 | 77 | Description: | |
| 78 | 78 | ||
| 79 | - | Transfers the non-facility general fund per-pupil allocation of a special education student of a department of education school to a charter school upon receipt of the completed intent to enroll form of the student at the charter school subject to certain conditions. | |
| 79 | + | Transfers the non-facility general fund per-pupil allocation of a special education student of a department of education school to a charter school upon receipt of the completed intent to enroll form of the student at the charter school subject to certain conditions. (HD1) | |
| 80 | 80 | ||
| 81 | 81 | ||
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| 83 | 83 | ||
| 84 | 84 | ||
| 85 | 85 | ||
| 86 | 86 | ||
| 87 | 87 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |