§302B-3 - Charter school review panel; establishment; powers and duties.

§302B-3 Charter school review panel;
establishment; powers and duties. (a) There is established the charter
school review panel, that shall be placed within the department for
administrative purposes only. The panel shall be accountable to the charter
schools and the board. Notwithstanding section 302B-9 and any other law to the
contrary, 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 in
teaching; 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 one
educational officer is employed at a start-up charter school, and one educational
officer is employed at a conversion charter school;

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

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

(5) A representative of Hawaiian culture-focused
charter schools;

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

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

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

(9) A representative from the Hawaii Association of
Independent Schools;

provided that the initial appointments for
representatives 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, five
members of the panel shall constitute a quorum to conduct business and a
concurrence of at least five members shall be necessary to make any action of
the panel valid; provided that, upon filling the twelve seats as required under
this subsection, a majority of the panel shall constitute a quorum to conduct
business, and the concurrence of a majority of all the members to which the
panel is entitled shall be necessary to make any action of the panel valid.

(d) Appointed panel members shall serve not
more than three consecutive three-year terms, with each term beginning on July
1; provided that the initial terms of the appointed members that commence after
June 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, the
board may add panel members at any time and replace panel members at any time
when their positions become vacant through resignation, through non-participation,
upon request of a majority of panel members, or upon termination by the board
for cause.

(f) Panel members shall receive no
compensation. When panel duties require that a panel member take leave of the
panel member's duties as a state employee, the appropriate state department
shall allow the panel member to be placed on administrative leave with pay and
shall provide substitutes, when necessary, to perform that panel member's
duties. Panel members shall be reimbursed for necessary travel expenses
incurred in the conduct of official panel business.

(g) The panel shall establish operating
procedures that shall include conflict of interest provisions for any member
whose school of employment or local school board membership is before the
panel.

(h) The chair of the panel shall be designated
by the members of the panel for each school year beginning July 1 and whenever
there is a vacancy. If the panel does not designate its chair for the next
school year by July 1, the board shall designate the panel chair. When the
panel chair is vacant, the board shall designate an interim chair to serve
until the panel designates its chair.

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

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

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

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

(4) Adopt reporting requirements for charter schools;

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

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

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

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

(9) Review, modify, and approve charter schools' all
means of finance budget, based upon criteria and an approval process
established by the panel; and

(10) Survey all charter school facilities prior to,
and in preparation for, determining recommendations to allocate non-per-pupil
facilities funds to charter schools with facilities needs. The survey shall
include, 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;

(D) Any capital improvement projects underway
or scheduled; and

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

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

(k) The office shall provide for the staff
support 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 effective
date of this Act".