Approved charter applications; start-up period; pre-opening charter schools
HRS §302D-14.5
in effect302D-14.5. Approved charter applications; start-up period; pre-opening charter schools
(a) The authorizer may require an applicant governing board whose charter application is approved by the authorizer pursuant to section 302D-13 to satisfactorily meet pre-contracting criteria set by the authorizer before being allowed to enter into a charter contract.
(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subsequently extended by the authorizer shall be considered to have withdrawn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 section 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be considered an approved charter applicant that has withdrawn its application.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.
[L 2014, c 99, pt of §1; am L 2015, c 114, §6]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302D/HRS_0302D-0014_0005.htmFetched: 11/10/2026