(a) Authorizers are responsible for executing the following essential powers and duties:

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Terms Used In Hawaii Revised Statutes 302D-5

  • 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. See Hawaii Revised Statutes 302D-1

  • 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
  • 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. 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of education. See Hawaii Revised Statutes 302D-1
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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
(1) Soliciting and evaluating charter applications;
(2) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;
(3) Declining to approve weak or inadequate charter applications;
(4) Negotiating and executing sound charter contracts with each approved charter applicant and with existing public charter schools;
(5) Monitoring, in accordance with charter contract terms, the performance and legal compliance of public charter schools; and
(6) Determining whether each charter contract merits renewal, nonrenewal, or revocation.
(b) An authorizer shall:

(1) Act as a point of contact between the department and a public charter school it authorizes;
(2) Be responsible for and ensure the compliance of a public charter school it authorizes with all applicable state and federal laws, including reporting requirements;
(3) Be responsible for the receipt of applicable federal funds from the department and the distribution of funds to the public charter school it authorizes; and
(4) Be responsible for the receipt of per-pupil funding from the department of budget and finance and distribution of the funding to the public charter school it authorizes.
(c) An authorizer shall have the power to make and execute contracts and all other instruments necessary or convenient for the exercise of its duties and functions under this chapter.
(d) An authorizer may delegate its duties to officers, employees, and contractors.
(e) Regulation by authorizers shall be limited to the powers and duties set forth in this section, and shall be consistent with the spirit and intent of this chapter.
(f) An authorizer, members of the board of an authorizer acting in their official capacity, and employees or agents of an authorizer are immune from civil and criminal liability with respect to all activities related to a public charter school authorized by that authorizer, except for any acts or omissions constituting wilful misconduct. Members of the commission shall be afforded the same protection afforded the members of the board pursuant to section indemnification for civil liability; defense of members” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>26-35.5.
(g) An authorizer shall not provide technical support to a prospective charter school applicant, an applicant governing board, or a charter school it authorizes in cases in which the technical support will directly and substantially impact any authorizer decision related to the approval or denial of the charter application or the renewal, revocation, or nonrenewal of the charter contract. This subsection shall not apply to technical support that an authorizer is required to provide to a charter school pursuant to federal law.

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