§302B-3  Charter school review panel;establishment; powers and duties.  (a)  There is established the charterschool review panel, that shall be placed within the department foradministrative purposes only.  The panel shall be accountable to the charterschools and the board.  Notwithstanding section 302B-9 and any other law to thecontrary, the panel shall be subject to chapter 92.

(b)  The panel shall consist of twelve members,and shall include:

(1)  Two licensed teachers regularly engaged inteaching; provided that one teacher is employed at a start-up charter school,and one teacher is employed at a conversion charter school;

(2)  Two educational officers; provided that oneeducational officer is employed at a start-up charter school, and one educationalofficer is employed at a conversion charter school;

(3)  One member or former member of a charter schoollocal school board;

(4)  The chair of the board of education or thechair's designee;

(5)  A representative of Hawaiian culture-focusedcharter schools;

(6)  Two representatives of the University of Hawaiiwho are not affiliated with charter schools;

(7)  One member with a background in business oraccounting who is not affiliated with charter schools;

(8)  One member with a background in the buildingtrades or real estate who is not affiliated with charter schools; and

(9)  A representative from the Hawaii Association ofIndependent Schools;

provided that the initial appointments forrepresentatives in paragraphs (7) to (9) shall be made by September 1, 2007. From June 1, 2007, until such time that the panel has twelve members, fivemembers of the panel shall constitute a quorum to conduct business and aconcurrence of at least five members shall be necessary to make any action ofthe panel valid; provided that, upon filling the twelve seats as required underthis subsection, a majority of the panel shall constitute a quorum to conductbusiness, and the concurrence of a majority of all the members to which thepanel is entitled shall be necessary to make any action of the panel valid.

(c)  The board shall appoint the remainingmembers of the panel other than the chair of the board.

(d)  Appointed panel members shall serve notmore than three consecutive three-year terms, with each term beginning on July1; provided that the initial terms of the appointed members that commence afterJune 30, 2006, shall be staggered as follows:

(1)  Four members to serve three-year terms;

(2)  Four members to serve two-year terms; and

(3)  Three members to serve a one-year term.

(e)  Notwithstanding the terms of members, theboard may add panel members at any time and replace panel members at any timewhen their positions become vacant through resignation, through non-participation,upon request of a majority of panel members, or upon termination by the boardfor cause.

(f)  Panel members shall receive nocompensation.  When panel duties require that a panel member take leave of thepanel member's duties as a state employee, the appropriate state departmentshall allow the panel member to be placed on administrative leave with pay andshall provide substitutes, when necessary, to perform that panel member'sduties.  Panel members shall be reimbursed for necessary travel expensesincurred in the conduct of official panel business.

(g)  The panel shall establish operatingprocedures that shall include conflict of interest provisions for any memberwhose school of employment or local school board membership is before thepanel.

(h)  The chair of the panel shall be designatedby the members of the panel for each school year beginning July 1 and wheneverthere is a vacancy.  If the panel does not designate its chair for the nextschool year by July 1, the board shall designate the panel chair.  When thepanel chair is vacant, the board shall designate an interim chair to serveuntil the panel designates its chair.

(i)  The powers and duties of the panel shallbe to:

(1)  Appoint and evaluate the executive director andapprove staff and salary levels for the charter school administrative office;

(2)  Review, approve, or deny charter applications fornew charter schools in accordance with section 302B-5 for the issuance of newcharters; provided that applicants that are denied a charter may appeal to theboard for a final decision pursuant to section 302B-3.5;

(3)  Review, approve, or deny significant amendmentsto detailed implementation plans to maximize the school's financial andacademic success, long-term organizational viability, and accountability. Charter schools that are denied a significant amendment to their detailedimplementation plan may appeal to the board for a final decision pursuant tosection 302B-3.5;

(4)  Adopt reporting requirements for charter schools;

(5)  Review annual self-evaluation reports from charterschools and take appropriate action;

(6)  Evaluate any aspect of a charter school that thepanel may have concerns with and take appropriate action, which may includeprobation or revocation;

(7)  Periodically adopt improvements in the panel'smonitoring and oversight of charter schools;

(8)  Periodically adopt improvements in the office'ssupport of charter schools and management of the charter school system;

(9)  Review, modify, and approve charter schools' allmeans of finance budget, based upon criteria and an approval processestablished by the panel; and

(10)  Survey all charter school facilities prior to,and in preparation for, determining recommendations to allocate non-per-pupilfacilities funds to charter schools with facilities needs.  The survey shallinclude, at minimum, for each charter school facility:

(A)  The current status of the facility;

(B)  Facilities costs, including all rents,leases, purchases, and repair and maintenance for lands and buildings;

(C)  A prioritized list of facilities needs;

(D)  Any capital improvement projects underwayor scheduled; and

(E)  Whether the facility is a conversion orstart-up charter school, and current and projected enrollment.

(j)  In the case that the panel decides not toissue a new charter, or to approve significant amendments to detailedimplementation plans, the board may adopt rules for an appeals process pursuantto section 302B-3.5.

(k)  The office shall provide for the staffsupport and expenses of the panel. [L 2006, c 298, pt of §2; am L 2007, c 115,§7; am L 2008, c 16, §12; am L 2009, c 86, §3]

 

Revision Note

 

  "June 1, 2007" substituted for "the effectivedate of this Act".