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HB2564
HOUSE OF REPRESENTATIVES
H.B. NO.
2564
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to charter schools
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that facilities
funding has been a long-standing issue for charter schools nationally and
locally.
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In Hawaii, start-up charter
schools have paid for the costs of their facilities from operational
funds.
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However, section 302D-29, Hawaii
Revised Statutes, provides that the legislature can make appropriations to and
authorize bonds for the state public charter school commission for public
charter school improvements to address issues of health, safety, and legal
compliance; expand or improve instructional space; provide for food services;
or provide restroom facilities.
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Additionally,
Act 234, Session Laws of Hawaii 2015, authorized a framework for providing
facilities funding and support for public charter school facilities with
adequate prioritization, oversight, and accountability by the charter school
facilities funding working group.
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On March
11, 2019, the charter school facilities funding working group issued its report
providing the framework and process for distributing charter school facilities
funding that prioritizes funding based on the following:
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(1)
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The needs of the charter school, overall
benefit to the surrounding community, amount of risk and availability of
recourse to the State, and whether a particular charter school received
facilities funding through other state funding, including grants-in-aid or a
separate appropriation;
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(2)
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The existence of substandard facilities; the
need to address providing equity and adequacy as well as issues of health,
safety, and legal compliance;
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(3)
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Whether a school's facilities are located on
state property or under an agreement whereby the State controls the property
with at least twenty years remaining;
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(4)
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Benefits to the surrounding community,
including:
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(A)
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Relieving overcrowding in district schools
caused by an increasing student population;
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(B)
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Providing families an option when schools in
their district are low performing; and
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(C)
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Requiring schools to provide a clear statement
of public need along with policies and guidelines for public use if requesting
funds for a new building or renovating an existing space, including cafeterias,
libraries, or auditoriums, that would be made available to the public;
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(5)
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Title I schools; and
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(6)
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Facilities to be built or repaired meet
requirements for or have been issued building permits and comply with county
laws.
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The
legislature further finds that public charter schools receive inadequate
funding to support student learning and that more funding for charter school
facilities needs to be made.
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Public
charter schools that lack adequate building facilities are sometimes forced to
hold classes outdoors, on covered lanais, or in unstable temporary structures
and need sufficient funding to address these inadequacies.
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The
purpose of this Act is to provide funding to the state public charter school
commission for distribution to public charter schools, based on the
distribution methodology determined by the charter school facilities funding
working group report, for infrastructure costs, the rental or lease of charter
school facilities, and the repair and maintenance of network infrastructure for
charter schools.
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SECTION
2
.
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Section 302D-29.5, Hawaii Revised Statutes,
is amended by amending subsection (a) to read as follows:
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"(a)
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Beginning with the [
2016-2017
]
2026-2027
fiscal year, and each fiscal year thereafter, the legislature shall consider
making an appropriation and bond authorization to the commission for the
design, planning, construction, repair, and maintenance of public charter
school improvements to address issues of health, safety, and legal compliance;
expand or improve instructional space;
provide for rental or lease of
facilities;
provide for food services; or provide restroom facilities.
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The appropriation and bond authorization for
charter schools shall be separate from, and in addition to, any appropriation
made to charter schools pursuant to [
this section and
] section
302D-28.
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These amounts shall be
prioritized for allocation by the charter school facilities funding working
group."
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SECTION
3.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2026-2027 for the state public
charter school commission to allocate to charter schools, based on the
distribution methodology determined by the charter school facilities funding
working group, for infrastructure costs, lease or rent assistance based in part
on the need and financial performance of the charter schools, and repair and
maintenance of network infrastructure.
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The sum
appropriated shall be expended by the state public charter school commission
for the purposes of this Act.
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SECTION
4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Charter
Schools; Facilities Funding; Infrastructure; Appropriation
Description:
Provides
funding for rental or lease of facilities under legislative appropriations and
bond authorizations to the state public charter school commission for the
design, planning, construction, repair, and maintenance of public charter
school improvements.
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Appropriates
general funds for infrastructure costs, rental or lease assistance, and the
repair and maintenance of network infrastructure for charter schools.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.