Reconstituting schools
HRS §302A-1005
in effect302A-1005. Reconstituting schools
(a) Notwithstanding collective bargaining agreements, memorandums of agreement, or memorandums of understanding, the superintendent may reconstitute a public school, except a charter school, that has been in restructuring under the No Child Left Behind Act of 2001, Public Law 107-110, for four or more school years and has not made significant advancements toward improving academic performance as determined by a statistical analysis of academic data; provided that the following have been considered:
(1) Student proficiency in reading and math in the
period during which the school is in restructuring;
(2) Interventions and other programs being used by
the school to address student proficiency;
(3) The number of highly qualified or effective
teachers at the school;
(4) Professional development being conducted at the
school;
(5) Input from school faculty and staff, complex
specialists, and state office program specialists; and
(6) Input from the school community council;
provided further that the superintendent has made a
recommendation to the board to reconstitute the school, taking into
consideration the recommendation of the complex area superintendent, if any.
(b) In reconstituting a public school, the
superintendent may take actions that include:
(1) Replacing all or most of the staff, including
teachers, principals, and other support staff;
(2) Entering into a contract with a private entity to
manage the school; and
(3) Changing the membership of the school community
council.
(c) The department shall negotiate with the
respective unions the process of reassigning employees of the school to be
reconstituted to other positions within the department for which the employees
are qualified.
(d) The department shall follow the current
hiring and recruiting procedures for all employees to be employed at the
reconstituted school.
(e) The board shall adopt rules pursuant to
chapter 91 as may be necessary to implement this section.
[L 2011, c 148, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/HRS_0302A-1005.htmFetched: 11/10/2026