(a) A charter contract may be renewed for successive five-year terms of duration, although an authorizer may vary the terms based on performance, demonstrated capacities, and particular circumstances of each charter school. An authorizer may grant a renewal of a charter contract with specific conditions for necessary improvements to a charter school.
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Terms Used In Hawaii Revised Statutes 302D-18

  • 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. See Hawaii Revised Statutes 302D-1
  • Board: means the board of education. See Hawaii Revised Statutes 302D-1
  • 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. See Hawaii Revised Statutes 302D-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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. See Hawaii Revised Statutes 302D-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The authorizer shall issue a charter school performance report and charter contract renewal application guidance to any charter school whose charter contract is in its final contract year. The performance report shall summarize the charter school’s performance record to date, based on the data required by this chapter and the charter contract, and shall provide notice of any weaknesses or concerns perceived by the authorizer concerning the charter school that may jeopardize its position in seeking renewal.
(c) The renewal application guidance shall, at a minimum, provide an opportunity for the public charter school to:

(1) Submit any corrections or clarifications to the performance report;
(2) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
(3) Describe improvements undertaken or planned for the school; and
(4) Detail the charter school’s plans for the next charter term.
(d) The renewal application guidance shall include or refer explicitly to the criteria that will guide the authorizer’s renewal decisions, which shall be based on the charter contract and be consistent with this chapter.
(e) No later than thirty days after the issuance of the performance report, the governing board of a charter school seeking renewal shall submit a renewal application to the authorizer pursuant to the renewal guidance issued by the authorizer. The authorizer shall decide whether or not to renew the charter no later than forty-five days after the filing of the renewal application.
(f) In making charter renewal decisions, every authorizer shall:

(1) Ground its decisions in evidence of the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;
(2) Ensure that data used in making the renewal decisions are available to the charter school and the public; and
(3) Provide a public report summarizing the evidence and basis for each decision.
(g) A charter contract may be revoked at any time or not renewed if the authorizer determines that the charter school did any of the following or otherwise failed to comply with the provisions of this chapter:

(1) Committed a material and substantial violation of any of the terms, conditions, standards, or procedures required under this chapter or the charter contract;
(2) Failed to meet or make sufficient progress toward performance expectations set forth in the contract;
(3) Failed to meet generally accepted standards of fiscal management; or
(4) Substantially violated any material provision of law from which the charter school is not exempted.
(h) An authorizer shall develop revocation and nonrenewal processes that:

(1) Provide charter contract holders with a timely notification of the prospect of revocation or non-renewal and the reasons for such possible closure;
(2) Allow charter contract holders a reasonable amount of time in which to prepare a response;
(3) Provide charter contract holders with an opportunity to submit documents and give testimony challenging the rationale for closure and supporting the continuation of the school at an orderly proceeding held for that purpose; provided that the proceeding shall be governed by the requirements set forth in this section and shall not be additionally subject to the requirements for an agency hearing under chapter 91;
(4) Allow charter contract holders access to representation by counsel, subject to section 28-8.3, and to call witnesses on their behalf;
(5) Permit the recording of proceedings described in paragraph (3); and
(6) After a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the charter contract holders.
(i) If an authorizer revokes or does not renew a charter contract, the authorizer shall clearly state in writing the reasons for the revocation or nonrenewal.
(j) Within fifteen days of taking action to renew, not to renew, or to revoke a charter contract, the authorizer shall report to the board the action taken, and shall simultaneously provide a copy of the report to the charter school. The report shall set forth the action taken and reasons for the decision and assurances as to compliance with all the requirements set forth in this chapter.

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