State public charter school commission; establishment; appointment
HRS §302D-3
in effect302D-3. State public charter school commission; establishment; appointment
(a) There is established the state public charter school commission with statewide chartering jurisdiction and authority. The commission shall be placed within the department for administrative purposes only. Notwithstanding section 302D-25 and any law to the contrary, the commission shall be subject to chapter 92.
(b) The mission of the commission shall be to
authorize high-quality public charter schools throughout the State.
(c) The commission shall consist of nine
members to be appointed by the board. The board shall appoint members who will
be tasked with authorizing public charter schools that serve the unique and
diverse needs of public school students. The chair of the commission shall be
designated by the members of the commission for each school year beginning July
1, and whenever there is a vacancy. The board shall consider the combination
of abilities, breadth of experiences, and characteristics of the commission, including
but not limited to reflecting the diversity of the student population,
geographical representation, and a broad representation of education-related
stakeholders. Members of the commission shall collectively possess experience
and expertise in public or nonprofit governance; management and finance;
assessment; and public education. The commission shall be exempt from sections
26-34 and 26-36.
(d) Understanding that the role of the
commission is to ensure a long-term strategic vision for Hawaii's public
charter schools, each nominee to the commission shall meet the following
minimum qualifications:
(1) Commitment to education. Each nominee's record
should demonstrate a deep and abiding interest in education, and a dedication
to the social, academic, and character development of young people through the
administration of a high performing charter school system;
(2) Record of integrity, civic virtue, and high
ethical standards. Each nominee shall demonstrate integrity, civic virtue, and
high ethical standards and be willing to hold fellow commission members to the
same;
(3) Availability for constructive engagement. Each
nominee shall commit to being a conscientious and attentive commission member;
and
(4) Knowledge of best practices. Each nominee shall
have an understanding of best practices in charter school educational
governance or shall be willing to be trained in such.
(e) Each nominee to the commission shall
ideally meet the following recommended qualifications:
(1) Experience governing complex organizations. Each
nominee should possess experience with complex organizations, including but not
limited to performance contract management, and a proven ability to function
productively within them; and
(2) Collaborative leadership ability. Each nominee
should have substantial leadership experience that ideally illustrates the
nominee's ability to function among diverse colleagues as an effective team
member, with the ability to articulate, understand, and help shape consensus
surrounding commission policies.
(f) Five members of the commission shall
constitute a quorum to conduct business. Any action taken by the commission
shall be by a simple majority of the members of the commission who are present;
provided that any action of the commission that may be appealed pursuant to
section 302D-15 shall require a concurrence of at least five members to be
valid.
(g) Commission members shall serve not more
than three consecutive three-year terms, with each term beginning on July 1;
provided that the initial terms that commence after June 30, 2012, shall be
staggered as follows:
(1) Three members, including the chairperson, to
serve three-year terms;
(2) Three members to serve two-year terms; and
(3) Three members to serve one-year terms.
(h) Notwithstanding the terms of the members,
the board may fill vacancies in the commission at any time when a vacancy
occurs due to resignation, non-participation, the request of a majority of the
commission members, or termination by the board for cause.
(i) Commission members shall receive no
compensation. When commission duties require that a commission member take
leave of the member's duties as a state employee, the appropriate state
department shall allow the commission member to be placed on administrative
leave with pay and shall provide substitutes, when necessary, to fulfill that
member's departmental duties. Members shall be reimbursed for necessary travel
expenses incurred in the conduct of official commission business.
(j) The commission shall operate with
dedicated resources and staff qualified to execute the day-to-day
responsibilities of the commission pursuant to this chapter. Beginning with
the 2015-2016 fiscal year, the legislature shall make an appropriation to the
commission separate from, and in addition to, any appropriation made to charter
schools pursuant to sections 302D-28 and 302D-29.5.
(k) The commission shall have the power to
hire staff without regard to chapters 76 and 89. The commission shall
determine staff wages, hours, benefits, and other terms and conditions for
employment in accordance with chapter 89C.
[L 2012, c 130, pt of §2; am L 2013,
c 159, §4; am L 2014, c 99, §4; am L 2015, c 114, §2; am L 2021, c 167, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302D/HRS_0302D-0003.htmFetched: 11/10/2026