Charter school governing boards; powers and duties
HRS §302D-12
in effect302D-12. Charter school governing boards; powers and duties
(a) No person may serve on the governing board of a charter school if the person is an employee or former employee of any charter school under the jurisdiction of that governing board, a relative of an employee or former employee of any charter school under the jurisdiction of that governing board, or any vendor or contractor providing goods or services to any charter school under the jurisdiction of that governing board, unless:
(1) The person is a former employee of a charter
school under the jurisdiction of that governing board and at least one year has
passed since the conclusion of the former employee's employment with that
charter school;
(2) The person is a relative of a former employee of
a charter school under the jurisdiction of that governing board and at least
one year has passed since the conclusion of the former employee's employment
with that charter school;
(3) The person is a vendor or contractor and at least
one year has passed since the conclusion of the vendor or contractor's service
to a charter school under the jurisdiction of that governing board; or
(4) The person serving on the governing board shall
not cause more than one-third of the voting members of the governing board to
be made up of:
(A) Employees or former employees of any
charter school that is under the jurisdiction of that governing board; provided
that this subparagraph shall not include persons who are covered under
paragraph (1);
(B) Relatives of employees or of former
employees of any charter school that is under the jurisdiction of that
governing board; provided that this subparagraph shall not include persons who
are covered under paragraph (2); and
(C) Vendors or contractors who are providing
goods or services to any charter school that is under the jurisdiction of that
governing board; provided that this subparagraph shall not include persons who
are covered under paragraph (3).
(b) In selecting governing board members,
consideration shall be given to persons who:
(1) Provide the governing board with a diversity of
perspective and a level of objectivity that accurately represent the interests
of the charter school students and the surrounding community;
(2) Demonstrate an understanding of best practices of
nonprofit governance; and
(3) Possess strong financial and academic management
and oversight abilities, as well as human resource and fundraising experience.
(c) No employee or former employee of a
charter school, relative of an employee or former employee of a charter school,
or any vendor or contractor providing goods or services to a charter school may
serve as the chair of the governing board of that charter school unless at
least one year has elapsed since the conclusion of the employee's employment
with the school or the conclusion of a vendor's or contractor's service to the
school; provided that an authorizer may grant an exemption from the provisions
of this subsection based upon a determination by the authorizer that an
exemption is in the best interest of the charter school.
(d) A nonprofit organization that has been
approved by an authorizer to operate and manage a conversion charter school and
serve as the conversion charter school's governing board shall establish the
nonprofit organization's board of directors as the governing board and shall
not be selected pursuant to subsections (a), (b), and (c); provided that:
(1) The nonprofit organization may also appoint
advisory groups of community representatives for each conversion charter school
managed by the nonprofit organization; provided that these groups shall not
have governing authority over the conversion charter school and shall serve
only in an advisory capacity to the nonprofit organization;
(2) The board of directors of the nonprofit
organization, as the governing board of the conversion charter school that it
operates and manages, shall have the same protections that are afforded to all
other governing boards in its role as the conversion charter school governing
body;
(3) Any conversion charter school that is managed and
operated by a nonprofit organization shall be eligible for the same federal and
state funding as other public schools; provided that nothing in this section
shall prohibit a nonprofit organization from making a contribution toward the
operation of a conversion charter school; and
(4) If, at any time, the board of directors of the
nonprofit organization governing the conversion charter school votes to
discontinue its relationship with the charter school as the charter contract
holder, the conversion charter school's administrators, teachers, or community
may submit a charter application to the authorizer, in accordance with section
302D-13 to continue as a conversion charter school without the participation of
the nonprofit organization.
(e) Section 78-4 shall not apply to members of
governing boards; provided that no governing board member shall be allowed to
serve on more than two governing boards simultaneously. For purposes of this
subsection, a governing board that governs more than one charter school shall
be considered one board.
(f) The governing board shall be the
independent governing body of its charter school and shall have oversight over
and be responsible for the financial, organizational, and academic viability of
the charter school, implementation of the charter, and the independent
authority to determine the organization and management of the school, the
curriculum, virtual education, and compliance with applicable federal and state
laws. The governing board shall ensure its school complies with the terms of
the charter contract between the authorizer and the school. The governing
board shall have the power to negotiate supplemental collective bargaining
agreements with the exclusive representatives of their employees.
(g) Governing boards and charter schools shall
be exempt from chapter 103D, but shall develop internal policies and procedures
for the procurement of goods, services, and construction, consistent with the
goals of public accountability and public procurement practices. Governing
boards and charter schools are encouraged to use the provisions of chapter 103D
wherever possible; provided that the use of one or more provisions of chapter
103D shall not constitute a waiver of the exemption from chapter 103D and shall
not subject the charter school to any other provision of chapter 103D.
(h) Charter schools and their governing boards
shall be exempt from the requirements of chapters 91 and 92. The governing
boards shall:
(1) Hold meetings open to the public;
(2) Post the notices and agendas of public meetings:
(A) At a publicly accessible area in the charter
school's office so they are available for review during regular business hours;
and
(B) On the charter school's internet website,
not less than six calendar days prior to the
public meeting, unless a waiver is granted by the authorizer or authorizer's
designee in the case of an emergency;
(3) Keep written minutes of all public meetings that
shall include:
(A) The date, time, and place of the meeting;
(B) The members of the governing board
recorded as either present or absent;
(C) The substance of all matters proposed,
discussed, and decided;
(D) The views of the participants;
(E) A record, by individual member, of any
votes taken; and
(F) Any other information that any member of
the governing board requests be included or reflected in the minutes;
(4) Not be required to produce a full transcript or
audio or video recording of any public meeting, unless otherwise required by
law;
(5) Post the written minutes from public meetings:
(A) At a publicly accessible area in the charter
school's office so the minutes are available for review during regular business
hours; and
(B) On the charter school's internet website,
within sixty calendar days after the public
meeting or five calendar days after the next public meeting, whichever is
sooner; and
(6) Maintain a list of the current names and contact
information of the governing board's members and officers:
(A) In the charter school's office so it is
available for review during regular business hours; and
(B) On the charter school's internet website.
(i) All charter school employees and members of
governing boards shall be subject to chapter 84.
(j) Governing boards shall be exempt from
sections 26‑34 and 26-36. The State shall afford the governing board of any
charter school the same protections as the State affords the board in
accordance with section 26-35.5.
(k) For purposes of this section:
"Employees" shall include but not be
limited to:
(1) The chief executive officer, chief administrative
officer, executive director, or otherwise designated head of a charter school;
and
(2) Any person under an employment contract to serve
as the chief executive officer, chief administrative officer, executive
director, or designated head of a charter school.
"Relative" means a spouse, fiance, or
fiancee of the employee; any person who is related to the employee within four
degrees of consanguinity; or the spouse, fiance, or fiancee of such person.
(l) Governing boards shall have the power to
make and execute contracts and all other instruments necessary or convenient
for the exercise of their duties and functions under this chapter.
[L 2012, c 130,
pt of §2; am L 2013, c 159, §7; am L 2014, c 99, §8; am L 2015, c 114, §4; am L
2016, c 113, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302D/HRS_0302D-0012.htmFetched: 11/10/2026