Occupancy and use of facilities of department schools
HRS §302D-24
in effect302D-24. Occupancy and use of facilities of department schools
(a) When the department considers whether to close any particular department school, the department shall submit a notice of possible availability of a department school or notice of vacancy of a department school to the board pursuant to section 302A‑1151.5(b); provided that the department has not elected to use the department school to support education programs.
(b) If a charter school exclusively or jointly
occupies or uses buildings or facilities of a department school immediately
prior to converting to a charter school, upon conversion that charter school
shall be given continued exclusive or joint use of the buildings or facilities;
provided that:
(1) The State may reclaim some or all of the
buildings or facilities if it demonstrates a tangible and imperative need for
such reclamation; and
(2) The State and the conversion charter school
voluntarily enter into an agreement detailing the portion of those buildings or
facilities that shall be reclaimed by the State and a timetable for the
reclamation. If a timetable cannot be reached, the State may petition the
board for the reclamation, and the board may grant the petition only to the
extent that it is not possible for the conversion charter school and the State
to jointly occupy or use the buildings or facilities.
(c) Upon receipt of a notice pursuant to
section 302A‑1151.5(b), the board shall solicit applications from charter
schools interested in using and occupying all or portions of the facilities of
the department school by:
(1) Promptly notifying all charter schools that the
department school is being considered for closure; and
(2) Affording each charter school an opportunity to
submit an application with a written explanation and justification of why the
charter school should be considered for possible occupancy and use of the
facilities of the department school.
(d) After fully considering each charter
school's application and based on the applications received and on other
considerations, the board shall:
(1) Provide a written response to each charter
school's application after each application has been fully considered;
(2) Compile a prioritized list of charter schools;
and
(3) Make a final determination of which charter
school, if any, shall be authorized to use and occupy the department school
facilities.
(e) Upon the selection of a charter school to
use a vacant department school facility or portion of a department school
facility, the department and the charter school's authorizer shall enter into
necessary agreements within ninety days of the selection to carry out the
purposes of this section; provided that any agreement between the authorizer
and the department shall stipulate that a charter school that uses and occupies
a department school facility or portion of a department school facility shall
be responsible for the full or pro rata share of the repair and maintenance
costs for that facility or portion of the facility, as the case may be.
(f) The board shall adopt policies and
procedures necessary to carry out the purposes of this section, including but
not limited to:
(1) Procedures for charter schools to apply in
writing to use vacant department school facilities;
(2) Criteria for the board to use in determining
which charter schools to include on the prioritized list to be submitted to the
department; and
(3) Procedures for the board to notify charter school
applicants that are granted or denied the use of vacant department school
facilities.
[L 2012, c 130, pt of §2; am L 2014, c 99, §15]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302D/HRS_0302D-0024.htmFetched: 11/10/2026