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

"Board" means the board of education.

"Charter school" refers to thosepublic schools holding charters to operate as charter schools under thischapter, including start-up and conversion charter schools, and that have theflexibility and independent authority to implement alternative frameworks withregard to curriculum, facilities management, instructional approach, virtualeducation, 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 withthe powers and duties to issue and revoke charters, approve detailedimplementation plan revisions, and conduct charter school evaluations.

"Conversion charter school" means:

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

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

(3)  A newly created school, consisting of programs orsections of existing public school populations that are funded and governedindependently and may include part of a separate Hawaiian language immersionprogram using existing public school facilities.

"Department" means the department ofeducation.

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

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

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

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

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

(3)  Has the power to negotiate supplementalcollective bargaining agreements with exclusive representatives of theiremployees.

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

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

(2)  Is domiciled in this State.

"Office" means the charter schooladministrative office.

"Organizational viability" means thata charter school:

(1)  Has been duly constituted in accordance with itscharter;

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

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

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

(5)  Meets appropriate standards of studentachievement;

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

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

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

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

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

(11)  Complies with all panel directives, policies, andprocedures.

"Start-up charter school" means a newschool established under section 302B-5. [L 2006, c 298, pt of §2; am L 2007, c115, §6; am L 2009, c 86, §2]