§302B‑1  Definitions.  Whenever
used in this chapter, unless the context otherwise requires:



"Board" means the board of education.



"Charter school" refers to those
public schools holding charters to operate as charter schools under this
chapter, including start-up and conversion charter schools, and that have the
flexibility and independent authority to implement alternative frameworks with
regard to curriculum, facilities management, instructional approach, virtual
education, length of the school day, week, or year, and personnel management.



"Charter school review panel" or
"panel" means the panel established pursuant to section 302B-3 with
the powers and duties to issue and revoke charters, approve detailed
implementation plan revisions, and conduct charter school evaluations.



"Conversion charter school" means:



(1)  Any existing department school that converts to a
charter school and is managed and operated in accordance with section 302B-6;



(2)  Any existing department school that converts to a
charter school and is managed and operated by a nonprofit organization in
accordance with section 302B-6; or



(3)  A newly created school, consisting of programs or
sections of existing public school populations that are funded and governed
independently and may include part of a separate Hawaiian language immersion
program using existing public school facilities.



"Department" means the department of
education.



"Detailed implementation plan" means
the document that details the charter school's purpose, focus, operations,
organization, finances, and accountability, and becomes the basis for a
performance contract between the panel and the charter school.



"Executive director" means the
executive director of the charter school administrative office.



"Local school board" means the
autonomous governing body of a charter school that:



(1)  Receives the charter and is responsible for the
financial and academic viability of the charter school and implementation of
the charter;



(2)  Possesses the independent authority to determine
the organization and management of the school, the curriculum, virtual
education, and compliance with applicable federal and state laws; and



(3)  Has the power to negotiate supplemental
collective bargaining agreements with exclusive representatives of their
employees.



"Nonprofit organization" means a
private, nonprofit, tax-exempt entity that:



(1)  Is recognized as a tax-exempt organization under
section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and



(2)  Is domiciled in this State.



"Office" means the charter school
administrative office.



"Organizational viability" means that
a charter school:



(1)  Has been duly constituted in accordance with its
charter;



(2)  Has a local school board established in
accordance with law and the charter school's charter;



(3)  Employs sufficient faculty and staff to provide
the necessary educational program and support services to operate the facility
in accordance with its charter;



(4)  Maintains accurate and comprehensive records
regarding students and employees as determined by the office;



(5)  Meets appropriate standards of student
achievement;



(6)  Cooperates with board, panel, and office
requirements in conducting its functions;



(7)  Complies with applicable federal, state, and
county laws and requirements;



(8)  In accordance with office guidelines and
procedures, is financially sound and fiscally responsible in its use of public
funds, maintains accurate and comprehensive financial records, operates in
accordance with generally accepted accounting practices, and maintains a sound
financial plan;



(9)  Operates within the scope of its charter and
fulfills obligations and commitments of its charter;



(10)  Complies with all health and safety laws and
requirements; and



(11)  Complies with all panel directives, policies, and
procedures.



"Start-up charter school" means a new
school established under section 302B-5. [L 2006, c 298, pt of §2; am L 2007, c
115, §6; am L 2009, c 86, §2]