| 47 | | - | SECTION 1. The legislature finds that public charter schools and their authorizers play a vital role in Hawaii's public education system. The purpose of this Act is to: (1) Clarify the grounds for an appeal of non-renewal or revocation of a charter contract; and (2) Authorize public charter schools to appeal directly to the board of education on matters that materially affect the school's operation, governance, or funding. SECTION 2. Section 302D-15, Hawaii Revised Statutes, is amended to read as follows: "§302D-15 Appeals; charter applications, renewals, or revocations. (a) The board [shall have the power to] may 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charter application has been denied, whose charter contract renewal has been denied, or whose charter contract has been revoked may initiate an appeal under this section for cause. Grounds for an appeal of non-renewal of a charter contract or revocation of a charter contract may include the authorizer's allegation of procedural errors, statutory violations, or lack of compliance with contractual obligations by the charter school. The board shall review an appeal and issue a final decision within sixty calendar days of the filing of the appeal. (b) The board may decide appeals of an adverse decision by an authorizer regarding a charter school's operation, governance, or funding; provided that matters regarding negative performance reviews are not subject to appeal to the board. An appeal of an adverse decision under this section shall be filed with the board within twenty-one calendar days of the receipt of the notification of the adverse decision. Only a charter school that is subject to the adverse decision may initiate an appeal under this section for cause. The board shall review an appeal of an adverse decision and issue a final decision within sixty calendar days of the filing of the appeal. [(b)] (c) The board shall serve as the final arbitrator of appeals authorized by [subsection] subsections (a)[.] and (b). [(c)] (d) [A] Except as otherwise provided in subsection (b), a party shall not be entitled to a hearing before the board under this section until it has exhausted all available administrative remedies. [(d)] (e) The board shall adopt rules pursuant to chapter 91 to implement this section." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that public charter schools and their authorizers play a vital role in Hawaii's public education system. The purpose of this Act is to authorize public charter schools to appeal directly to the board of education on matters that materially affect the school's operation, governance, or funding. SECTION 2. Section 302D-15, Hawaii Revised Statutes, is amended to read as follows: "§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) Any public charter school shall be entitled to initiate an administrative appeal directly to the board on matters regarding adverse action taken by a charter school authorizer or any decision within the jurisdiction of the board that affects the school's operation, governance, or funding; provided that a public charter school shall not be entitled to appeal to the board on matters regarding negative performance reviews, or non-renewal decisions except in cases where the authorizer alleges procedural errors, statutory violations, or lack of compliance with contractual obligations related to the non-renewal or revocation decision. [(b)] (c) The board shall serve as the final arbitrator of appeals authorized by [subsection] subsections (a)[.] and (b). [(c)] (d) [A] Except as otherwise provided in subsection (b), a party shall not be entitled to a hearing before the board under this section until it has exhausted all available administrative remedies. [(d)] (e) The board shall adopt rules pursuant to chapter 91 to implement this section." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 3000. |
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