HB 901: Charter Schools; BOE; Appeals

A BILL FOR AN ACT

RELATING TO PUBLIC CHARTER SCHOOLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that public charter schools and their authorizers play a vital role in Hawaii's public education system.

     The purpose of this Act is to:

     (1)  Clarify the grounds for an appeal of non-renewal or revocation of a charter contract; and

     (2)  Authorize public charter schools to appeal directly to the board of education on matters that materially affect the school's operation, governance, or funding.

     SECTION 2.  Section 302D-15, Hawaii Revised Statutes, is amended to read as follows:

     "§302D-15  Appeals; charter applications, renewals, or revocations.  (a)  The board [shall have the power to] may decide appeals of decisions by an authorizer to deny the approval of a charter application, deny renewal of a charter contract, or revoke a charter school's charter contract.  An appeal shall be filed with the board within twenty-one calendar days of the receipt of the notification of denial or revocation.  Only a party whose charter application has been denied, whose charter contract renewal has been denied, or whose charter contract has been revoked may initiate an appeal under this section for cause.  Grounds for an appeal of non-renewal of a charter contract or revocation of a charter contract may include the authorizer's allegation of procedural errors, statutory violations, or lack of compliance with contractual obligations by the charter school.  The board shall review an appeal and issue a final decision within sixty calendar days of the filing of the appeal.

     (b)  The board may decide appeals of an adverse decision by an authorizer regarding a charter school's operation, governance, or funding; provided that matters regarding negative performance reviews are not subject to appeal to the board.  An appeal of an adverse decision under this section shall be filed with the board within twenty-one calendar days of the receipt of the notification of the adverse decision.  Only a charter school that is subject to the adverse decision may initiate an appeal under this section for cause.  The board shall review an appeal of an adverse decision and issue a final decision within sixty calendar days of the filing of the appeal.

     [(b)] (c)  The board shall serve as the final arbitrator of appeals authorized by [subsection] subsections (a)[.] and (b).

     [(c)] (d)  [A] Except as otherwise provided in subsection (b), a party shall not be entitled to a hearing before the board under this section until it has exhausted all available administrative remedies.

     [(d)] (e)  The board shall adopt rules pursuant to chapter 91 to implement this section."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Charter Schools; BOE; Appeals

Description:

Clarifies the grounds for an appeal of non-renewal or revocation of a charter contract.  Authorizes public charters schools to appeal directly to the Board of Education on matters regarding the schools' operations, governance, or funding, with certain exceptions.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PUBLIC CHARTER SCHOOLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that public charter schools and their authorizers play a vital role in Hawaii's public education system.

     The purpose of this Act is to authorize public charter schools to appeal directly to the board of education on matters that materially affect the school's operation, governance, or funding.

     SECTION 2.  Section 302D-15, Hawaii Revised Statutes, is amended to read as follows:

     "§302D-15  Appeals; charter applications, renewals, or revocations.  (a)  The board shall have the power to decide appeals of decisions by an authorizer to deny the approval of a charter application, deny renewal of a charter contract, or revoke a charter school's charter contract.  An appeal shall be filed with the board within twenty-one calendar days of the receipt of the notification of denial or revocation.  Only a party whose charter application has been denied, whose charter contract renewal has been denied, or whose charter contract has been revoked may initiate an appeal under this section for cause.  The board shall review an appeal and issue a final decision within sixty calendar days of the filing of the appeal.

     (b)  Any public charter school shall be entitled to initiate an administrative appeal directly to the board on matters regarding adverse action taken by a charter school authorizer or any decision within the jurisdiction of the board that affects the school's operation, governance, or funding; provided that a public charter school shall not be entitled to appeal to the board on matters regarding negative performance reviews, or non-renewal decisions except in cases where the authorizer alleges procedural errors, statutory violations, or lack of compliance with contractual obligations related to the non-renewal or revocation decision.

     [(b)] (c)  The board shall serve as the final arbitrator of appeals authorized by [subsection] subsections (a)[.] and (b).

     [(c)] (d)  [A] Except as otherwise provided in subsection (b), a party shall not be entitled to a hearing before the board under this section until it has exhausted all available administrative remedies.

     [(d)] (e)  The board shall adopt rules pursuant to chapter 91 to implement this section."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Charter Schools; BOE; Appeals

Description:

Authorizes public charters schools to appeal directly to the Board of Education on matters regarding the schools' operations, governance, or funding, with certain exceptions.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to public charter schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that public charter schools and their authorizers play a vital role in Hawaii's public education system.

     The purpose of this Act is to authorize public charter schools to appeal directly to the board of education on matters that materially affect the school's operation, governance, or funding.

     SECTION 2.  Section 302D-15, Hawaii Revised Statutes, is amended to read as follows:

     "§302D-15  Appeals; charter applications, renewals, or revocations.  (a)  The board shall have the power to decide appeals of decisions by an authorizer to deny the approval of a charter application, deny renewal of a charter contract, or revoke a charter school's charter contract.  An appeal shall be filed with the board within twenty-one calendar days of the receipt of the notification of denial or revocation.  Only a party whose charter application has been denied, whose charter contract renewal has been denied, or whose charter contract has been revoked may initiate an appeal under this section for cause.  The board shall review an appeal and issue a final decision within sixty calendar days of the filing of the appeal.

     (b)  Any public charter school shall be entitled to initiate an administrative appeal directly to the board on matters regarding adverse action taken by a charter school authorizer or any decision within the jurisdiction of the board that affects the school's operation, governance, or funding; provided that a public charter school shall not be entitled to appeal to the board on matters regarding negative performance reviews, or non-renewal decisions except in cases where the authorizer alleges procedural errors, statutory violations, or lack of compliance with contractual obligations related to the non-renewal or revocation decision.

     [(b)] (c)  The board shall serve as the final arbitrator of appeals authorized by [subsection] subsections (a) and (b).

     [(c)] (d)  [A] Except as otherwise provided in subsection (b), a party shall not be entitled to a hearing before the board under this section until it has exhausted all available administrative remedies.

     [(d)] (e)  The board shall adopt rules pursuant to chapter 91 to implement this section."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Charter Schools; BOE; Appeals

Description:

Authorizes public charters schools to appeal directly to the Board of Education on matters regarding the schools' operations, governance, or funding, with certain exceptions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1073

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 901

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 901, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC CHARTER SCHOOLS,"

begs leave to report as follows:

     The purpose of this measure is to authorize public charter schools to appeal directly to the Board of Education on matters that materially affect the school's operation, governance, or funding.

     Your Committee received testimony in support of this measure from the Hawaii Public Charter Schools Network.  Your Committee received comments on this measure from the Department of the Attorney General; Board of Education; and State Public Charter School Commission.

     Your Committee finds that public charter schools are key components of Hawaii's education system, offering diverse learning opportunities for students.  However, charter schools currently have restricted options for addressing disputes that impact their governance, funding, or daily operations.  This measure enhances their ability to seek fair resolution by permitting direct appeals to the Board of Education on significant matters affecting their functioning.

     Your Committee has amended this measure by:

     (1)  Clarifying the grounds for an appeal of non-renewal or revocation of a charter contract;

     (2)  Clarifying the process for public charter schools to appeal directly to the Board of Education on matters that materially affect the school's operation, governance, or funding; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 901, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 901, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  561

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 901

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Education, to which was referred H.B. No. 901 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC CHARTER SCHOOLS,"

begs leave to report as follows:

     The purpose of this measure is to authorize public charter schools to appeal directly to the Board of Education on matters that materially affect the school's operation, governance, or funding.

     Your Committee received testimony in support of this measure from Waiʻalae Elementary Public Charter School; Hawaii Public Charter Schools Network; Hawaii Academy of Arts & Science Public Charter School; and one individual.  Your Committee received comments on this measure from the Department of the Attorney General; Board of Education; and State Public Charter School Commission.

     Your Committee finds that this measure creates a vital avenue of recourse for charter schools faced with adverse actions or decisions made by charter school authorizers that impact their operations.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 901, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 901, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Education,