(a) The authorizer may require an applicant governing board whose charter application is approved by the authorizer pursuant to section charter schools; establishment” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>302D-13 to satisfactorily meet pre-contracting criteria set by the authorizer before being allowed to enter into a charter contract.

Terms Used In Hawaii Revised Statutes 302D-14.5

  • Applicant governing board: means the initial governing board that is:

    (1) Established by an eligible group or entity to submit a charter application pursuant to section 302D-13; and

    (2) Not subject to section 302D-12. See Hawaii Revised Statutes 302D-1

  • 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

  • Department: means the department of education. 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

  • Pre-opening charter school: means a charter school that has not yet satisfactorily fulfilled the authorizer's pre-opening assurance as required under section 302D-14. See Hawaii Revised Statutes 302D-1
(b) An approved applicant governing board that fails to satisfactorily meet the pre-contracting criteria and enter into a charter contract with its authorizer within the period initially established or subsequently extended by the authorizer shall be considered to have withdrawn its application.
(c) An applicant governing board shall not be considered an entity of the State, but shall have the authority to execute the initial charter contract; provided that the term of duration of the initial charter contract shall not exceed five years, not including the pre-opening period. Upon the execution of the initial charter contract, the applicant governing board shall become the governing board of the newly established pre-opening charter school. A pre-opening charter school that is a conversion charter school shall be a separate entity of the State from the department school from which it is converting during the start-up period.
(d) The authorizer shall establish pre-opening criteria in order to ensure that a pre-opening charter school is prepared to successfully open and operate as a charter school. Until such time as the pre-opening school satisfactorily meets such pre-opening criteria and commences operations in its first full academic year, the pre-opening charter school:

(1) Shall not be entitled to receive funding under section 302D-26, 302D-28, 302D-29, or 302D-29.5;
(2) Shall employ no employees but may engage independent contractors;
(3) Shall not be subject to the performance framework under § 302D-16; and
(4) May be granted temporary exemptions from provisions of the charter contract by the authorizer.
(e) The charter contract of a pre-opening charter school that fails to satisfactorily meet its pre-opening criteria within the start-up period initially established or subsequently extended by the authorizer shall be void. The pre-opening charter school shall thereupon be considered an approved charter applicant that has withdrawn its application.
(f) An approved applicant governing board that withdraws its application shall not be allowed to execute a charter contract unless it reapplies and has its charter application approved by an authorizer in accordance with this chapter.

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