(a) No person may serve on the governing board of a charter school if the person is an employee or former employee of any charter school under the jurisdiction of that governing board, a relative of an employee or former employee of any charter school under the jurisdiction of that governing board, or any vendor or contractor providing goods or services to any charter school under the jurisdiction of that governing board, unless:

Terms Used In Hawaii Revised Statutes 302D-12

  • Authorizer: means an entity established under this chapter with chartering authority to review charter applications, decide whether to approve or deny charter applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to authorize, renew, deny renewal of, or revoke charter contracts. See Hawaii Revised Statutes 302D-1
  • Board: means the board of education. See Hawaii Revised Statutes 302D-1
  • charter: means a fixed-term, bilateral, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See Hawaii Revised Statutes 302D-1
  • Charter application: means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status. See Hawaii Revised Statutes 302D-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Conversion charter school: means :

    (1) Any existing department school that converts to a charter school and is managed and operated in accordance with section 302D-13; or

    (2) Any existing department school that converts to a charter school and is managed and operated by a nonprofit organization in accordance with section 302D-13. See Hawaii Revised Statutes 302D-1

  • Executive director: means the executive director of the state public charter school commission. See Hawaii Revised Statutes 302D-1
  • Governing board: means the independent board of a public charter school that is party to the charter contract with the authorizer that:

    (1) Is responsible for the financial, organizational, 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, and virtual education;

    (3) Has the power to negotiate supplemental collective bargaining agreements with exclusive representatives of their employees and is considered the employer of charter school employees for purposes of chapters 76, 78, and 89; and

    (4) Ensures compliance with applicable state and federal laws. See Hawaii Revised Statutes 302D-1

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nonprofit organization: means a private, nonprofit, tax-exempt entity that:

    (1) Is recognized as a tax-exempt organization under the Internal Revenue Code; and

    (2) Is registered to do business in this State in accordance with chapter 414D. See Hawaii Revised Statutes 302D-1

  • Oversight: Committee review of the activities of a Federal agency or program.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(1) The person is a former employee of a charter school under the jurisdiction of that governing board and at least one year has passed since the conclusion of the former employee’s employment with that charter school;
(2) The person is a relative of a former employee of a charter school under the jurisdiction of that governing board and at least one year has passed since the conclusion of the former employee’s employment with that charter school;
(3) The person is a vendor or contractor and at least one year has passed since the conclusion of the vendor or contractor’s service to a charter school under the jurisdiction of that governing board; or
(4) The person serving on the governing board shall not cause more than one-third of the voting members of the governing board to be made up of:

(A) Employees or former employees of any charter school that is under the jurisdiction of that governing board; provided that this subparagraph shall not include persons who are covered under paragraph (1);
(B) Relatives of employees or of former employees of any charter school that is under the jurisdiction of that governing board; provided that this subparagraph shall not include persons who are covered under paragraph (2); and
(C) Vendors or contractors who are providing goods or services to any charter school that is under the jurisdiction of that governing board; provided that this subparagraph shall not include persons who are covered under paragraph (3).
(b) In selecting governing board members, consideration shall be given to persons who:

(1) Provide the governing board with a diversity of perspective and a level of objectivity that accurately represent the interests of the charter school students and the surrounding community;
(2) Demonstrate an understanding of best practices of nonprofit governance; and
(3) Possess strong financial and academic management and oversight abilities, as well as human resource and fundraising experience.
(c) No employee or former employee of a charter school, relative of an employee or former employee of a charter school, or any vendor or contractor providing goods or services to a charter school may serve as the chair of the governing board of that charter school unless at least one year has elapsed since the conclusion of the employee’s employment with the school or the conclusion of a vendor’s or contractor’s service to the school; provided that an authorizer may grant an exemption from the provisions of this subsection based upon a determination by the authorizer that an exemption is in the best interest of the charter school.
(d) A nonprofit organization that has been approved by an authorizer to operate and manage a conversion charter school and serve as the conversion charter school’s governing board shall establish the nonprofit organization’s board of directors as the governing board and shall not be selected pursuant to subsections (a), (b), and (c); provided that:

(1) The nonprofit organization may also appoint advisory groups of community representatives for each conversion charter school managed by the nonprofit organization; provided that these groups shall not have governing authority over the conversion charter school and shall serve only in an advisory capacity to the nonprofit organization;
(2) The board of directors of the nonprofit organization, as the governing board of the conversion charter school that it operates and manages, shall have the same protections that are afforded to all other governing boards in its role as the conversion charter school governing body;
(3) Any conversion charter school that is managed and operated by a nonprofit organization shall be eligible for the same federal and state funding as other public schools; provided that nothing in this section shall prohibit a nonprofit organization from making a contribution toward the operation of a conversion charter school; and
(4) If, at any time, the board of directors of the nonprofit organization governing the conversion charter school votes to discontinue its relationship with the charter school as the charter contract holder, the conversion charter school’s administrators, teachers, or community may submit a charter application to the authorizer, in accordance with section 302D-13 to continue as a conversion charter school without the participation of the nonprofit organization.
(e) Section 78-4 shall not apply to members of governing boards; provided that no governing board member shall be allowed to serve on more than two governing boards simultaneously. For purposes of this subsection, a governing board that governs more than one charter school shall be considered one board.
(f) The governing board shall be the independent governing body of its charter school and shall have oversight over and be responsible for the financial, organizational, and academic viability of the charter school, implementation of the charter, and the independent authority to determine the organization and management of the school, the curriculum, virtual education, and compliance with applicable federal and state laws. The governing board shall ensure its school complies with the terms of the charter contract between the authorizer and the school. The governing board shall have the power to negotiate supplemental collective bargaining agreements with the exclusive representatives of their employees.
(g) Governing boards and charter schools shall be exempt from chapter 103D, but shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices. Governing boards and charter schools are encouraged to use the provisions of chapter 103D wherever possible; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption from chapter 103D and shall not subject the charter school to any other provision of chapter 103D.
(h) Charter schools and their governing boards shall be exempt from the requirements of chapters 91 and 92. The governing boards shall:

(1) Hold meetings open to the public;
(2) Post the notices and agendas of public meetings:

(A) At a publicly accessible area in the charter school’s office so they are available for review during regular business hours; and
(B) On the charter school’s internet website,

not less than six calendar days prior to the public meeting, unless a waiver is granted by the authorizer or authorizer’s designee in the case of an emergency;

(3) Keep written minutes of all public meetings that shall include:

(A) The date, time, and place of the meeting;
(B) The members of the governing board recorded as either present or absent;
(C) The substance of all matters proposed, discussed, and decided;
(D) The views of the participants;
(E) A record, by individual member, of any votes taken; and
(F) Any other information that any member of the governing board requests be included or reflected in the minutes;
(4) Not be required to produce a full transcript or audio or video recording of any public meeting, unless otherwise required by law;
(5) Post the written minutes from public meetings:

(A) At a publicly accessible area in the charter school’s office so the minutes are available for review during regular business hours; and
(B) On the charter school’s internet website,

within sixty calendar days after the public meeting or five calendar days after the next public meeting, whichever is sooner; and

(6) Maintain a list of the current names and contact information of the governing board’s members and officers:

(A) In the charter school’s office so it is available for review during regular business hours; and
(B) On the charter school’s internet website.
(i) All charter school employees and members of governing boards shall be subject to chapter 84.
(j) Governing boards shall be exempt from §§ 26-34 and 26-36. The State shall afford the governing board of any charter school the same protections as the State affords the board in accordance with section indemnification for civil liability; defense of members” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>26-35.5.
(k) For purposes of this section:

“Employees” shall include but not be limited to:

(1) The chief executive officer, chief administrative officer, executive director, or otherwise designated head of a charter school; and
(2) Any person under an employment contract to serve as the chief executive officer, chief administrative officer, executive director, or designated head of a charter school.

“Relative” means a spouse, fiance, or fiancee of the employee; any person who is related to the employee within four degrees of consanguinity; or the spouse, fiance, or fiancee of such person.

(l) Governing boards shall have the power to make and execute contracts and all other instruments necessary or convenient for the exercise of their duties and functions under this chapter.

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