Ongoing oversight and corrective actions
HRS §302D-17
in effect302D-17. Ongoing oversight and corrective actions
(a) An authorizer shall continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support ongoing evaluation according to the charter contract. Every authorizer shall have the authority to conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries, financial reviews, audits, and investigations, so long as those activities are consistent with the intent of this chapter and adhere to the terms of the charter contract. Upon the request of its authorizer, each public charter school shall provide to the authorizer full access to its fiscal and accounting books, documents, and files.
(b) Each authorizer shall annually publish and
provide, as part of its annual report to the board and the legislature, a
performance report for each public charter school it oversees, in accordance
with the performance framework set forth in the charter contract and section
302D-16. The authorizer may require each public charter school it oversees to
submit an annual report to assist the authorizer in gathering complete
information about each school. The annual report may include the status of the
charter school's compliance with annual performance targets, as determined by
the charter contract.
(c) In the event that a public charter
school's performance or legal compliance appears unsatisfactory, the authorizer
shall promptly notify the public charter school of the perceived problem and
provide reasonable opportunity for the charter school to remedy the problem,
unless the problem warrants revocation in which case the revocation time frames
set forth in section 302D-18 shall apply.
(d) Notwithstanding section 302D-18 to the
contrary, every authorizer shall have the authority to take appropriate
corrective actions or exercise sanctions short of revocation in response to
apparent deficiencies in public charter school performance or legal
compliance. Such actions or sanctions may include, if warranted:
(1) Requiring a school to develop and execute a
corrective action plan within a specified time frame; and
(2) Reconstituting the governing board of the charter
school; provided that the following conditions are met:
(A) Reconstitution occurs only under exigent
circumstances, including the following:
(i) Unlawful or unethical conduct by governing
board members;
(ii) Unlawful or unethical conduct by the
charter school's personnel that raises serious doubts about the governing
board's ability to fulfill its statutory, contractual, or fiduciary
responsibilities; and
(iii) Other circumstances that raise serious
doubts about the governing board's ability to fulfill its statutory,
contractual, or fiduciary responsibilities;
(B) The authorizer shall replace up to, but
no more than, the number of governing board members necessary so that the newly
appointed members constitute a voting majority in accordance with the governing
board's bylaws; except that the authorizer may replace the entire governing
board if the alternative is the initiation of revocation of the charter
school's charter contract and the governing board opts instead for reconstitution;
and
(C) Reconstitution occurs in accordance with
processes set forth by the authorizer that provide the charter school's
personnel and parents with timely notification of the prospect of
reconstitution.
(e) The authorizer shall have the authority to
direct the governing board and the charter school to take appropriate action to
immediately address serious health and safety issues that may exist at a
charter school in order to ensure the health and safety of students and
employees or mitigate significant liability to the State.
The board shall have the authority to direct
the authorizer to take appropriate action to immediately address serious health
and safety issues that may exist at a charter school in order to ensure the
health and safety of students and employees and mitigate significant liability
to the State.
[L 2012, c 130, pt of §2; am L 2014, c 99, §12; am L 2015, c 114,
§7; am L 2019, c 269, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302D/HRS_0302D-0017.htmFetched: 11/10/2026