Signed by Governor Neil Abercrombie

Vote Smart's Synopsis:

Vote to pass a bill that amends the public charter school system.

Highlights:

• Establishes a state public charter school commission, which replaces the charter school review panel (Secs. 2 & 17).

• Requires the public charter school commission to establish an application and approval process for charter schools (Sec. 2).

• Requires public charter school authorizers to establish performance measures for charter schools which include, but are not limited to, the following perforance measures (Sec. 2):
• Student academic proficiency and growth;
• Achievement gaps in proficiency and growth;
• Financial performance and sustainability; and
• Compliance with all laws, rules and terms of the charter contract.

• Defines “authorizer” as an entity with chartering authority to review charter applications, decide whether to approve or reject charter applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to authorize, reauthorize or reject charter contracts (Sec. 2).

• Authorizes charter contracts to be renewed for 5-year terms, contingent upon the authorizer's approval, based on the school's performance (Sec. 2).

• Authorizes a charter contract to be revoked at any time or not renewed in instances including, but not limited to, the following (Sec. 2):
• A material violation of any of the conditions required under this law or the charter contract;
• Failure to meet or make progress towards any of the performance expectations established in the contract; or
• Failure to meet standards of fiscal responsibility.

• Requires each authorizer of charter schools to report annually to the legislature and board of education on the performance of charter schools with information including, but not limited to, the following (Sec. 2):
• The academic and financial performance of charter schools overseen by the authorizer;
• The status of the authorizer's portfolio, including schools that were approved and unopened, not approved, in operation, renewed, transferred, revoked, not renewed, voluntarily closed, or never opened;
• A breakdown of federal funds received and distributed to charter schools under the authorizer's control; and
• Concerns and recommendations regarding equity in the distribution of federal funds.

• Requires the board of education to annually report to the governor, legislature, and public on the performance of all charter schools, with information including, but not limited to, the following (Sec. 2):
• A comparison between student performance in public charter schools and student performance in traditional public schools;
• A breakdown of all federal funds received by the Department of Education and distributed to authorizers; and
• Concerns and recommendations regarding equity in the distribution of federal funds.

• Establishes a charter school administrative office in the department of education that shall be administered by an executive director appointed by the public charter school commission (Sec. 3).

• Requires the charter school administrative office to perform tasks that include, but are not limited to, the following (Sec. 3):
• Preparing and executing the budget requests for charter schools;
• Providing independent recommendations on charter school issues;
• Establishing a system for dispute resolution and mediation; and
• Assisting in the negotiation of a collective bargaining agreement with employees.

• Transfers all money in the charter schools account to the general fund (Sec. 21).

• Requires the director of finance to determine a per-pupil allocation for non-facility costs for public charter schools (Sec. 2).

• Requires the director of finance to transfer from the general fund to the department of education and charter schools the determined per-pupil allocations for non-facility costs (Sec. 2).

Full Bill Text