206E-1 Findings and purpose
206E-2 Definitions
206E-3 Hawaii community development authority; established
206E-4 Powers; generally
206E-4.1 Assignment of powers and duties prohibited
206E-4.2 Reserved and workforce housing units; transfer to qualified nonprofit housing trust
206E-4.5 Urban gardening programs
206E-5 Designation of community development districts; community development plans
206E-5.5 Community and public notice requirements; posting on the authority’s website; required
206E-5.6 Public hearing for decision-making; separate hearings required; contested case hearing; judicial review
206E-6 District-wide improvement program
206E-7 Community development rules
206E-8 Use of public lands; acquisition of state lands
206E-8.5 Developments within special management areas and shoreline setback
206E-9 Acquisition of real property from a county
206E-10 Condemnation of real property
206E-10.5 Relocation
206E-11 Construction contracts
206E-12 Dedication for public facilities as condition to development
206E-13 Public projects
206E-14 Sale or lease of redevelopment projects
206E-15 Residential projects; cooperative agreements
206E-16.5 Expenditures of special funds under the authority exempt from appropriation and allotment
206E-17 Exemption from taxation
206E-18 Assistance by state and county agencies
206E-19 Annual report
206E-20 Court proceedings; preferences; venue
206E-21 Issuance of bonds
206E-22 Violations and penalty

Terms Used In Hawaii Revised Statutes > Chapter 206E > Part I - General Provisions

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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 § 302D-13; and

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

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authority: means the Hawaii community development authority established by § 206E-3. See Hawaii Revised Statutes 206E-2
  • 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
  • Commercial project: means an undertaking involving commercial or light industrial development, which includes a mixed-use development where commercial or light industrial facilities may be built into, adjacent to, under, or above residential units;

         (2)  "Redevelopment project" means an undertaking for the acquisition, clearance, replanning, reconstruction, and rehabilitation, or a combination of these and other methods, of an area for a residential project, for an incidental commercial project, and for other facilities incidental or appurtenant thereto, pursuant to and in accordance with this chapter. See Hawaii Revised Statutes 206E-2

  • Commission: means the state public charter school commission established pursuant to [section] 302D-3 as a statewide authorizer. See Hawaii Revised Statutes 302D-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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 § 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 § 302D-13. See Hawaii Revised Statutes 302D-1

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: means any county of the State. See Hawaii Revised Statutes 206E-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of education. See Hawaii Revised Statutes 302D-1
  • Department school: means any school that falls within the definition of "public schools" as defined in § 302A-101 and that is not a charter school. See Hawaii Revised Statutes 302D-1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the state public charter school commission. See Hawaii Revised Statutes 302D-1
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local governing body: means the county council. See Hawaii Revised Statutes 206E-2
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Organizational viability: means that a charter school:

         (1)  Has been duly constituted and operates in accordance with its charter;

         (2)  Has a governing board established in accordance with law and the charter school's charter;

         (3)  Employs sufficient faculty and staff to provide the necessary educational program and support services to operate the facility in accordance with its charter;

         (4)  Maintains accurate and comprehensive records regarding students and employees as determined by its authorizer;

         (5)  Meets appropriate standards of student achievement as defined by the board pursuant to its duties under article X, § 3, of the Constitution of the State of Hawaii;

         (6)  Cooperates with board and authorizer requirements in conducting its functions;

         (7)  Complies with applicable federal, state, and county laws and requirements;

         (8)  In accordance with authorizer guidelines and procedures, is financially sound and fiscally responsible in its use of public funds, maintains accurate and comprehensive financial records, operates in accordance with generally accepted accounting practices, and maintains a sound financial plan;

         (9)  Operates within the scope of its charter contract and fulfills obligations and commitments of its charter;

        (10)  Complies with all health and safety laws and requirements;

        (11)  Complies with all authorizer directives, policies, and procedures; and

        (12)  Complies with all board policies deemed applicable to charter schools by the board. See Hawaii Revised Statutes 302D-1

  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Pre-opening charter school: means a charter school that has not yet satisfactorily fulfilled the authorizer's pre-opening assurance as required under § 302D-14. See Hawaii Revised Statutes 302D-1
  • Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, a redevelopment project, or a residential project, all as defined as follows, or any combination thereof, which combination shall hereinafter be called and known as a "multipurpose project". See Hawaii Revised Statutes 206E-2
  • Public agency: means any office, department, board, commission, bureau, division, public corporation agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206E-2
  • public charter school: refers to those public schools and their respective governing boards, as defined in this section, that are holding current charter contracts to operate as charter schools under this chapter, including start-up and conversion charter schools, and that have the flexibility and independent authority to implement alternative frameworks with regard to curriculum, facilities management, instructional approach, virtual education, length of the school day, week, or year, and personnel management. See Hawaii Revised Statutes 302D-1
  • Public facilities: includes streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the district, sites for schools, parks, parking garage, sidewalks, pedestrian ways, and other community facilities. See Hawaii Revised Statutes 206E-2
  • Qualified nonprofit housing trust: means a corporation, association, or other duly chartered organization that is registered and in good standing with the State; is recognized by the Internal Revenue Service as a charitable or otherwise tax-exempt organization under § 501(c)(3) of the Internal Revenue Code of 1986, as amended; and has the capacity and resources as determined by the authority to carry out the requirements of the reserved housing and workforce housing programs. See Hawaii Revised Statutes 206E-2
  • Quorum: The number of legislators that must be present to do business.
  • Real property: means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 206E-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Reserved housing: means housing designated for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule. See Hawaii Revised Statutes 206E-2
  • Residential project: means a project or that portion of a multipurpose project, including residential dwelling units, designed and intended for the purpose of providing housing and any facilities as may be incidental or appurtenant thereto. See Hawaii Revised Statutes 206E-2
  • solicitation: includes :

         (1)  Any request for a proxy, whether or not accompanied by or included in a form of proxy;

         (2)  Any request to execute or not to execute, or to revoke a proxy; or

         (3)  The furnishing of a proxy or other communication to stockholders under circumstances reasonably calculated to result in the procurement, withholding, or revocation of a proxy. See Hawaii Revised Statutes 431:4-237

  • Start-up charter school: means a new charter school established under § 302D-13 that is not a conversion charter school. See Hawaii Revised Statutes 302D-1
  • Statute: A law passed by a legislature.
  • Surplus funds: means the excess of the insurer's assets over its liabilities, including its capital stock as a liability. See Hawaii Revised Statutes 431:4-101
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Venue: The geographical location in which a case is tried.
  • Workforce housing: means new residential projects where at least seventy-five per cent of the residential units are set aside for purchase or rent for residents in the low-income or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rules and that do not require financial assistance for design and construction from federal, state, or county government agencies. See Hawaii Revised Statutes 206E-2