Definitions
HRS §302D-1
in effect302D-1. Definitions
Whenever used in this chapter, unless the context otherwise requires:
"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 section 302D-13; and
(2) Not subject to section 302D-12.
"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. The term may include the commission when appropriate.
"Board" means the board of education.
"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.
"Charter contract" or
"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.
"Charter school" or "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.
"Commission" means the state public
charter school commission established pursuant to [section] 302D-3 as a
statewide authorizer.
"Conversion charter school" means:
(1) Any existing department school that converts to a
charter school and is managed and operated in accordance with section 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 section 302D-13.
"Computer science" shall have the
same meaning as in section 302A-101.
"Computer science content" shall have
the same meaning as in section 302A-101.
"Computer science courses" shall have
the same meaning as in section 302A-101.
"Department" means the department of
education.
"Department school" means any school
that falls within the definition of "public schools" as defined in
section 302A-101 and that is not a charter school.
"Executive director" means the
executive director of the state public charter school commission.
"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.
"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.
"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,
section 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.
"Pre-opening charter school" means a
charter school that has not yet satisfactorily fulfilled the authorizer's
pre-opening assurance as required under section 302D-14.5 or has not yet
commenced full operations as a charter school during its first full academic
year.
"Start-up charter school" means a new
charter school established under section 302D-13 that is not a conversion
charter school.
[L 2012, c 130, pt of §2; am L 2013, c 159, §3; am L 2014, c
99, §3; am L 2015, c 114, §1; am L 2021, c 158, §5]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302D/HRS_0302D-0001.htmFetched: 11/10/2026