(a) Notwithstanding § 302D-28, charter schools shall elect whether to receive allocations calculated according to the department‘s procedures and methodology used to calculate the weighted student formula allocation adopted pursuant to section 302A-1303.6; provided that:

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Terms Used In Hawaii Revised Statutes 302D-29

  • 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
  • Commission: means the state public charter school commission established pursuant to [section] 302D-3 as a statewide authorizer. See Hawaii Revised Statutes 302D-1
  • 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. See Hawaii Revised Statutes 302D-1

  • Department: means the department of education. See Hawaii Revised Statutes 302D-1
  • 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. See Hawaii Revised Statutes 302D-1

  • 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. See Hawaii Revised Statutes 302D-1

(1) All charter schools, as a group, with each governing board being accorded one vote, shall elect, by greater than two-thirds agreement among the governing boards, whether to receive allocations calculated through the department’s procedures and methodology for the weighted student formula; provided that a nonprofit organization that governs more than one conversion charter school may cast one vote representing each school it governs; and
(2) Any election by charter schools to receive allocations, or not to receive allocations, calculated through the procedures and methodology for the department’s weighted student formula shall be made by September 1 of each even-numbered year, and the election shall apply to the fiscal biennium beginning July 1 of the following year.
(b) The charter schools, through their authorizer, may propose to the board an alternative weighted student formula, approved by more than two-thirds of the governing boards, with each governing board being accorded one vote, to be administered by the commission and to apply to the per-pupil allocation for charter schools.

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