(c) Copyright 2002 - 2004, Kenneth R. Conklin, Ph.D. All rights reserved
For information about what happened to this legislation in 2003-2004, scroll down to near the end of this webpage.
The following language is excerpted on January 30, 2002 directly from
http://www.capitol.hawaii.gov/sessioncurrent/bills/sb2919
at the Hawai’i state legislature website at
http://www.capitol.hawaii.gov/
where the bill was found by searching for the text of its bill number: SB2919.
Since that session of the Legislature has now ended, the permanent URL for the bill will no longer contain the phrase “sessioncurrent.” The correct permanent URL for the original bill is
http://www.capitol.hawaii.gov/session2002/bills/sb2919_.htm
This bill contains explicit language (near the end of the excerpts) to ensure a racial majority for Native Hawaiians in the enrollment and governing structure of every one of the new school district’s schools, and of the district administration. When reading, remember that in Hawai’i the word “Hawaiian” does NOT mean “resident of the state of Hawai’i.” The word “Hawaiian” is a racial term for any person who has at least one drop of the blood of the native people who lived in Hawai’i before Captain Cook’s arrival in 1778. Also, the phrase “native Hawaiian” with a lower-case leading letter “n” is often used to mean a Hawaiian of at least 50% native blood quantum. It is puzzling that the bill’s author used that locution, because most ethnic Hawaiians, including even native Hawaiians, say they dislike the blood quantum distinctions and prefer to regard all Hawaiians as equal. (They say that the difference between 100% blood quantum and one drop is insignificant, but that the difference between one drop and zero is insurmountable)
In reading the bill’s language, remember the Supreme Court decision in Brown v. Board of Education, 1954, ordering certain school districts to desegregate because racially separate education is inherently unequal. Remember how white parents refused to allow their children to mix with blacks. Remember how defiant Southern school districts converted public schools built with tax dollars into private white academies to try to avoid desegregation. Remember how Judge Garrity placed the Boston Public School system into receivership in the 1970s to force the busing of children across school district lines in order to overcome the segregation of schools caused by segregated neighborhoods. And then read the language of SB2919 seeking to create a racially gerrymandered school district in Hawai’i for the sole purpose of guaranteeing that a majority of children and school administrators will be of a favored racial group, and a geographically scattered collection of such schools can have legal recognition from the government including the right to spawn additional segregated schools. Surely this is both illegal and immoral.
Aside from whether this bill actually passes or (hopefully) is defeated, this page will remain on this website. This original version of the bill will remain here, even if the bill’s language is subsequently changed. The fact that a bill like this gets introduced into the Legislature shows the racist intent of its authors and the willingness of the Legislators who introduced it to aquiesce to the apartheid agenda of the Hawaiian ethnic nationalist activists. These are dangerous times we live in. The public needs to be educated to the danger, and the Legislature needs to be held accountable by an outraged public.
Report Title: Hawaiian Charter Schools
Description: Establishes a noncontiguous Hawaiian Charter School District under the Department of Education to be governed by a Hawaiian school board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Since the passage of Act 62, Session Laws of Hawaii 1999, which allowed for start-up charter schools, a dozen Hawaiian communities
stretching from Kauai to Hawaii came together to utilize Hawaii’s charter school law to create successful models of Hawaiian
education, which demonstrate that Hawaiian communities are able to design and control quality models of education. This Native
Hawaiian Charter School Alliance, called Na Lei Na’auao, has already procured millions of federal education dollars to collaborate on
gifted and talented programs, curriculum development, a teacher certification cohort and a comprehensive action research project.
Data relating to these Hawaiian designed and controlled public schools confirms that culturally driven education significantly
improves the educational achievement of Hawaiians. During the 2000-2001 school year, Kanu o ka Aina New Century Public Charter
School had the highest attendance in the State, with a student population that is over eighty-five per cent Hawaiian.
The purpose of this Act is to create a noncontiguous Hawaiian charter school district of education under a Hawaiian school board
that focuses on the establishment of twenty-five culturally-driven, family-oriented, and community-based public schools in all areas
with high concentrations of native Hawaiians. This Act will potentially double Hawaii’s existing charter school allocations, therewith
assuring additional federal funding.
§302A-A Hawaiian charter school district; established. There is established a noncontiguous Hawaiian charter school district that
may consist of existing Hawaiian charter schools established pursuant to subpart D, as well as other Hawaiian conversion and or
start-up charter schools, within all counties of the State.
§302A-B Hawaiian school board; established. (a) The noncontiguous Hawaiian charter school district shall be governed by an
eight member Hawaiian school board initially appointed by the governor and for whom the voting members of the Hawaiian school
board shall be subject to section 26-34; provided that the governor shall appoint four members nominated by existing Hawaiian
charter schools, one Hawaiian educator, one kupuna nominated by existing native Hawaiian charter schools, one individual
representing an educational partner, and one non-voting student representative elected by the students of the existing Hawaiian
charter schools.
(b) Once constituted, the Hawaiian school board shall elect its own chairperson and develop guidelines by which successor board
members are to be appointed, elected, or removed.
(c) The Hawaiian school board shall constitute a second chartering agency under the department of education. All powers heretofore
exercised by the board of education with regard to the chartering of Hawaiian charter schools shall be transferred to the Hawaiian
school board.
((b) As a prerequisite to the establishment of or conversion to a Hawaiian charter school under subsection (a), applicants for Hawaiian
charter school status shall assert in writing, in addition to any other requirements of this section, that:
(1) The majority of the student population is native Hawaiian;
(2) The majority of the local school board of the school is native Hawaiian; and
(3) The curriculum is based on culturally-driven approaches to education.
(j) Hawaiian charter schools shall not charge tuition. The State shall afford the local school board of any Hawaiian charter school the
same protections as the State affords to the board of education.
Hawaiian charter schools shall be exempt from the state procurement code, 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.
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HERE IS THE COMPLETE TEXT OF THE HAWAI'I STATE LEGISLATURE BILL SB2919 AS TAKEN DIRECTLY FROM THE LEGISLATURE'S WEBSITE ON JANUARY 30, 2002:
Report Title:
Hawaiian Charter Schools
Description:
Establishes a noncontiguous Hawaiian Charter School District under the Department of Education to be governed by a Hawaiian school board.
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THE SENATE |
S.B. NO. |
2919 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to hawaiian education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that compared to Hawaii’s other ethnic groups, native Hawaiians have the worst educational statistics. In each socio-economic setting, Hawaii's native public school students have higher rates of absences, retention at grade level and dropouts, than their non-Hawaiian counterparts. Furthermore, from sixth grade on, Hawaiians far exceed all other major ethnic groups in retention at each grade level. This high level of grade retention among Hawaiian students accounts for the large number of students who reach age eighteen and then drop out without completing school. Standardized achievement tests also consistently show Hawaiian students scoring lower than Hawaii’s other major ethnic groups, as well as lower than the national norms.
While Hawaiians are underrepresented in Gifted and Talented programs and at Hawaii’s colleges and universities, Hawaiians are drastically over represented among Hawaii’s special education population. Approximately thirty-six per cent of all public school students of Hawaiian ancestry are currently classified as special education. Over half of these special education students are classified as Learning Disabled or Severely Emotionally Disturbed. Data reflects that most of the latter, are students initially labeled learning disabled, who experienced such frustration with school that they ended up as severely emotionally disturbed cases, when the core problem may originally have been the inability to integrate into a system, not just different but diametrically opposed to the student’s culture, values, traditions, and practices. This educational failure of Hawaii's native population is directly related to the fact that Native Hawaiians have the highest percentage of welfare recipients and un- or under-employed, the highest amount of incarcerated men, women, and youth, the highest drug, alcohol and physical abuse rates, the most homeless families and the worst health statistics in the State.
The legislature also finds that as an indigenous people, the native people of Hawaii, have a right to all levels and forms of education, including access to education in their own language, and the right to establish their educational systems and institutions according to their own customs and traditions. Furthermore, according to Article 1.7.1 of the Coolangatta Statement, ratified by thousands of indigenous educators at the 1999 World Indigenous Peoples Conference on Education in Hilo, "meaningful, empowering and culturally sustainable education for indigenous people will be possible only when indigenous people have the control (a fundamental right) and the resources (an inarguable responsibility of states/governments) to develop educational theories, curriculum, and practices that are indigenous and determine the environment within which this education can best occur."
The legislature further finds according to Article X of the State Constitution, the State shall promote the study of Hawaiian culture, history, and language and provide for a Hawaiian education program consisting of 1anguage, culture, and history in public schools, and that the use of community expertise shall be encouraged as a suitable and essential means in furtherance of the Hawaiian education program. Data indicates minimal compliance in some instances and outright violation in others by the department of education regarding the provisions mandated in Article X.
The legislature also finds that there is overwhelming evidence that the Hawaiian knowledge structure differs significantly from the western system of education and that the lower educational achievement of native Hawaiians from kindergarten to the university level is a direct reflection of their cultural and educational incompatibility with the current educational system. Data also shows that when Hawaiian language, culture, and values are incorporated into the pedagogical process at all levels, education suddenly has relevance and meaning for Hawaiian children. As a result, Hawaiian students are able to 1earn, grow, and excel, both in academic settings, and in life thereafter.
Since the passage of Act 62, Session Laws of Hawaii 1999, which allowed for start-up charter schools, a dozen Hawaiian communities stretching from Kauai to Hawaii came together to utilize Hawaii’s charter school law to create successful models of Hawaiian education, which demonstrate that Hawaiian communities are able to design and control quality models of education. This Native Hawaiian Charter School Alliance, called Na Lei Na’auao, has already procured millions of federal education dollars to collaborate on gifted and talented programs, curriculum development, a teacher certification cohort and a comprehensive action research project. Data relating to these Hawaiian designed and controlled public schools confirms that culturally driven education significantly improves the educational achievement of Hawaiians. During the 2000-2001 school year, Kanu o ka Aina New Century Public Charter School had the highest attendance in the State, with a student population that is over eighty-five per cent Hawaiian. Other data such as increases in grade point averages, parent and student satisfaction, success in college and mainstreaming of special education students to further support the notion that native Hawaiian students prefer a culturally driven approach to education. The vast majority of Na Lei Na’auao schools are located in rural communities with high concentrations of native Hawaiians, all of which also have high percentages of welfare recipients, adult prisoners, and incarcerated juveniles. Although resources are especially limited in these areas, Hawaiian educators and parents have taken on the tremendous challenge of starting these culturally driven charter schools because of the direct and profound needs of Hawaiian public school students in these areas.
Finally, the legislature acknowledges that Hawaii’s public school system is too large and that decentralization has been recommended by various studies for over a decade. In an effort to initiate more community-based models of education, Act 62, Session Laws of Hawaii 1999, allowed for the establishment of twenty-five charter schools. The purpose of these schools is to provide alternative frameworks with regard to curriculum, facilities management, instructional approach, length of the school day, week, or year, and personnel management, in order to meet the needs of our diverse student population. While the existing law resulted in the chartering of a total of twenty-five charter schools, revisions to the law are necessary in order to further its intended success. Specifically, the current charter school law needs clarification pertaining to funding allocations and procurement, and defining the relationship between charters, the State, the board of education and the department of education.
The legislature also finds that the federal government strongly supports charter schools. However due to the restriction in the existing charter school law which caps the number charter schools at twenty-five, a capacity which has already been reached, and the existence of only one charter agency, the State of Hawaii is consequently ineligible for millions of dollars of federal charter school funding.
The purpose of this Act is to create a noncontiguous Hawaiian charter school district of education under a Hawaiian school board that focuses on the establishment of twenty-five culturally-driven, family-oriented, and community-based public schools in all areas with high concentrations of native Hawaiians. This Act will potentially double Hawaii’s existing charter school allocations, therewith assuring additional federal funding. At the same time, it will provide communities that have already submitted letters of intent to the board of education, the opportunity to begin the process of becoming charter schools.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new subpart to part IV to be appropriately designated and to read as follows:
"HAWAIIAN CHARTER SCHOOLS
§302A-A Hawaiian charter school district; established. There is established a noncontiguous Hawaiian charter school district that may consist of existing Hawaiian charter schools established pursuant to subpart D, as well as other Hawaiian conversion and or start-up charter schools, within all counties of the State.
§302A-B Hawaiian school board; established. (a) The noncontiguous Hawaiian charter school district shall be governed by an eight member Hawaiian school board initially appointed by the governor and for whom the voting members of the Hawaiian school board shall be subject to section 26-34; provided that the governor shall appoint four members nominated by existing Hawaiian charter schools, one Hawaiian educator, one kupuna nominated by existing native Hawaiian charter schools, one individual representing an educational partner, and one non-voting student representative elected by the students of the existing Hawaiian charter schools.
(b) Once constituted, the Hawaiian school board shall elect its own chairperson and develop guidelines by which successor board members are to be appointed, elected, or removed.
(c) The Hawaiian school board shall constitute a second chartering agency under the department of education. All powers heretofore exercised by the board of education with regard to the chartering of Hawaiian charter schools shall be transferred to the Hawaiian school board. All charter schools contained within this noncontiguous Hawaiian charter school district shall be required to meet both statewide and cultural student performance standards.
(d) The Hawaiian school board may hire staff to assist it in its mandated purpose and to carry out administrative functions as it deems appropriate. To the extent practicable, the Hawaiian school board shall utilize the staff and resources of the board of education to carry out its intended purpose.
§302A-C Hawaiian charter schools; establishment. (a) Up to a total of twenty-five schools may be established as Hawaiian charter schools. Hawaiian charter schools may be established by:
(1) The creation of a new school pursuant to subsection (d);
(2) An existing public school pursuant to subsection (c); or
(3) The creation of a new school, comprising programs or sections of existing public school populations and using existing public school facilities pursuant to subsection (d).
(b) As a prerequisite to the establishment of or conversion to a Hawaiian charter school under subsection (a), applicants for Hawaiian charter school status shall assert in writing, in addition to any other requirements of this section, that:
(1) The majority of the student population is native Hawaiian;
(2) The majority of the local school board of the school is native Hawaiian; and
(3) The curriculum is based on culturally-driven approaches to education.
(c) Any public school or schools may submit a letter of intent to the Hawaiian school board to form a Hawaiian charter school, establish a local school board as its governing body, and develop a detailed implementation plan pursuant to subsection (e); provided that:
(1) The local school board as its governing body shall be composed of, at a minimum, one representative from each of the following participant groups:
(A) Principals;
(B) Instructional staff members selected by the school instructional staff;
(C) Support staff selected by the support staff of the school;
(D) Parents of students attending the school selected by the parents of the school;
(E) Student body representatives selected by the students of the school; and
(F) The community at-large; and
(2) The detailed implementation plan shall be approved by sixty per cent of the school's existing administrative, support, and teaching personnel, and parents; provided that the school personnel may request their bargaining unit representative to certify and conduct the elections for their respective bargaining units.
(d) As an alternative to subsection (c), any community, group of teachers, group of teachers and administrators, entity recognized as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or any program within an existing school may submit a letter of intent to the Hawaiian school board to form a Hawaiian charter school, establish a local school board as its governing body, and develop a detailed implementation plan pursuant to subsection (e).
(e) The local school board, with the support and guidance of the superintendent, shall formulate and develop a detailed implementation plan that meets the requirements of this subsection and of section 302A-E. The plan shall include but not be limited to the following:
(1) A description of employee rights and management issues and a framework for addressing those issues that protect the rights of employees;
(2) A plan for identifying, recruiting, and selecting students that is not exclusive, elitist, or segregationist;
(3) The curriculum and instructional framework to be used to achieve student outcomes, including an assessment plan;
(4) A comprehensive plan for the assessment of student, administrative support, and teaching personnel performance, that:
(A) Recognizes the interests of the general public;
(B) Incorporates or exceeds state educational content and performance standards;
(C) Includes a system of faculty and staff accountability that holds faculty and staff both individually and collectively accountable for their performance, and that is at least equivalent to the average system of accountability in public schools throughout the State; and
(D) Provides for program audits and annual financial audits.
(5) The governance structure of the school;
(6) A plan for any necessary design, construction, renovation, and management of facilities that is consistent with the state facilities plan; provided that if the facilities management plan includes use of existing school facilities, the Hawaiian charter school shall receive authorization from the administrator responsible for the facilities; provided further that the final determination of use shall fall within the board's discretion.
(f) The detailed implementation plan shall be submitted to the Hawaiian charter school review panel, which shall be composed of nine members as follows:
(1) Four of the members shall be Hawaiian school board members or their designees appointed by the chairperson of the Hawaiian school board;
(2) Four of the members shall be members of the Hawaiian charter school community approved by the chairperson of the board of education from a list submitted by existing Hawaiian charter schools; and
(3) One member shall be the superintendent of education or the superintendent's designee.
Panel review procedures shall be as provided in this section. The Hawaiian school board may adopt rules pursuant to chapter 91 to further guide the panel's review process.
(g) The Hawaiian charter school review panel shall have sixty working days to review the completed implementation plan for a proposed Hawaiian charter school to ensure that it meets the requirements of subsection (e) and section 302A-E. Within forty-five working days, the panel shall issue a report of its preliminary findings to the Hawaiian school board and the local school board. If the panel subsequently determines that the implementation plan:
(1) Meets the requirements of subsection (e) and section 302A-E, the panel shall by the sixtieth working day submit a recommendation to the Hawaiian school board to issue a charter to the proposed Hawaiian charter school. Upon receipt of the panel's recommendation, the Hawaiian school board shall issue a charter, and the implementation plan shall be converted to a written performance contract between the school and the Hawaiian school board; or
(2) Fails to meet the requirements of subsection (e) or section 302A-E, the panel:
(A) Shall notify the local school board of the finding in writing to enable the local school board to appropriately amend the plan to resolve the conflict; and
(B) May submit a recommendation to the Hawaiian school board to issue a provisional approval for a charter if the panel determines that the applicant may reasonably be expected to expeditiously resolve any remaining conflict or conflicts impeding the issuance of a charter. The provisional approval shall be effective for one year. The Hawaiian school board may extend the provisional approval beyond a period of one year. If a charter is subsequently issued, the amended implementation plan shall be converted to a written performance contract between the school and the Hawaiian school board.
(h) An amended implementation plan shall be submitted within thirty working days of notification pursuant to subsection (g)(2)(A). The Hawaiian school board shall deny the issuance of a charter if the local school board does not submit an amended implementation plan within the thirty working day period. The panel shall have thirty working days to review the amended implementation plan. If the amended implementation plan:
(1) Meets the requirements of subsection (e) and section 302A-E, the panel shall by the thirtieth working day submit a recommendation to the Hawaiian school board to issue a charter to the proposed Hawaiian charter school. If a charter is issued, the amended implementation plan shall be converted to a written performance contract between the school and the Hawaiian school board; or
(2) Fails to resolve any conflicts to the panel's satisfaction or involves new and different issues of conflict with subsection (e) or section 302A-E, the panel shall deny issuance of a charter.
(i) A local school board may file an appeal of the denial of an application for a charter with the panel. Upon filing an appeal, the panel shall forward the implementation plan and appropriate documentation of the appeal to the Hawaiian school board. Within thirty working days, the Hawaiian school board shall issue a report of its findings and final determination to the local school board. If the implementation plan is approved, the Hawaiian school board shall issue a charter and the implementation plan shall be converted to a written performance contract between the school and the Hawaiian school board.
(j) Hawaiian charter schools shall not charge tuition. The State shall afford the local school board of any Hawaiian charter school the same protections as the State affords to the board of education.
§302A-D Funding for the Hawaiian charter school district schools. (a) Hawaiian charter schools shall receive an allocation of state general funds based upon the operational and educational funding requirements of the schools; provided that:
(1) Beginning in fiscal year 2002-2003, and every year thereafter, the auditor shall determine the appropriate allocation based on the total department general fund appropriation and per pupil expenditure for the previous fiscal year; provided that the per pupil allocation to any Hawaiian charter school shall not exceed the department’s average per pupil expenditure based upon the inclusion of similar cost items, in the previous fiscal year; and provided further that in setting the allocation, the auditor shall explicitly consider the advice of the superintendent and representatives of local school boards and indicate in the final determination the manner in which that advice was accommodated;
(2) Small schools with fewer than one hundred twenty students may be given a state subsidy or small school allotment, as determined by the department, to augment the per pupil allocation given; provided that if additional federal grant moneys are received, the auditor shall determine the appropriate portion of the federal grant moneys to be used to offset the small school allotment; provided further that the federal grant moneys shall not include federal impact aid;
(3) The department may provide a limited start-up and planning grant formulated by the auditor to a charter school upon the issuance of its charter;
(4) The auditor shall take into consideration any changes to the department's budget made by the legislature or the governor and any applicable collective bargaining negotiated amounts;
(5) The allocation for self-contained special education students and for other special education students shall be adjusted appropriately to reflect the additional expenses incurred for students in these programs; provided that any increment to the per pupil allocation made in this paragraph shall not exceed the increment available to all other public schools; and
(6) The auditor shall develop a methodology for allocating funds that can be applied to alternative forms of public schools, including but not limited to Hawaiian charter schools.
(b) All federal financial support for Hawaiian charter schools shall be no less than all other public schools; provided that if administrative services are provided to the charter school by the department, the charter school shall reimburse the department for the actual costs of the administrative services in an amount that does not exceed six and one-half per cent of the charter school's allocation.
Any Hawaiian charter school shall be eligible to receive any supplementary financial grant or award for which any other public school may submit a proposal, or any supplemental federal grants limited to Hawaiian charter schools; provided that if department administrative services, including funds management, budgetary, fiscal accounting, or other related services, are provided with respect to these supplementary grants, the charter school shall reimburse the department for the actual costs of the administrative services in an amount that does not exceed six and one-half per cent of the supplementary grant for which the services are used.
All additional funds that are generated by the local school boards, not from a supplementary grant, shall be separate and apart from allotted funds and may be expended at the discretion of the local school boards.
(c) If, at any time, the Hawaiian charter school dissolves or is denied continuation, the State of Hawaii shall have first right, at no cost to the State, to all the assets and facilities of the Hawaiian charter school.
§302A-E Hawaiian district charter schools; exemptions. Schools designated as Hawaiian charter schools shall be exempt from all applicable state laws, except those regarding:
(1) Collective bargaining under chapter 89; provided that:
(A) The exclusive representatives defined in chapter 89 may enter into agreements that contain cost and noncost items to facilitate decentralized decisionmaking;
(B) The exclusive representatives and the local school board of the Hawaiian charter school may enter into agreements that contain cost and noncost items;
(C) The agreements shall be funded from the current allocation or other sources of revenue received by the Hawaiian charter school; and
(D) These agreements may differ from the master contracts;
(2) Discriminatory practices under section 378-2; and
(3) Health and safety requirements.
Hawaiian charter schools shall be exempt from the state procurement code, 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. However, where possible, the Hawaiian charter school is encouraged to use the provisions of chapter 103D; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption of chapter 103D and shall not subject the Hawaiian charter school to any other provision of chapter 103D. Hawaiian charter schools shall account for funds expended for the procurement of goods and services, and this accounting shall be available to the public.
§302A-F Hawaiian charter schools; accountability. (a) Each Hawaiian charter school shall conduct self-evaluations annually. The self-evaluation process shall include but not be limited to:
(1) The identification and adoption of benchmarks to measure and evaluate administrative and instructional programs as provided in this section;
(2) The identification of any administrative and legal barriers to meeting the benchmarks, as adopted, and recommendations for improvements and modifications to address the barriers;
(3) The impact of any changes made upon the students of the Hawaiian charter school; and
(4) A profile of the charter school's enrollment and community it serves.
Each Hawaiian charter school shall submit a report of its self-evaluation to the Hawaiian school board within sixty working days after the completion of the school year; provided that the department shall have thirty working days to respond to any recommendation regarding improvements and modifications that would directly impact the department.
(b) The Hawaiian school board shall initiate an independent evaluation of each Hawaiian charter school annually for the first two years after its establishment and every four years thereafter to assure compliance with statewide student content and performance standards and fiscal accountability; provided that each Hawaiian charter school established prior to July 1, 2002, shall be evaluated four years after July 1, 2002, and every four years thereafter. Upon a determination by the board that student achievement within a Hawaiian charter school does not meet the student performance standards, or that the Hawaiian charter school is not fiscally responsible, a Hawaiian charter school shall be placed on probationary status and shall have one year to bring student performance into compliance with statewide standards and improve the school's fiscal accountability. If a Hawaiian charter school fails to meet its probationary requirements, or fails to comply with any of the requirements of this section, the Hawaiian school board, upon a two-thirds majority vote, may then deny the continuation of the Hawaiian charter school.
(c) The Hawaiian school board may adopt guidelines to supplement accountability measures incorporated in the written performance contracts required under section 302A-C. The Hawaiian school board may adopt guidelines under which Hawaiian charter schools shall be reviewed on an annual basis by the board for the first two years upon their formation under section 302A-C. The review guidelines may include:
(1) Minimum school size;
(2) Assurance that each school will be able to account for the funds allocated;
(3) Assurance that each school will be held accountable for student performance;
(4) Assurance that each school will meet legal standards for the expenditure of state and federal funds; and
(5) Assurance that each school will be in compliance with applicable state and federal laws.
§302A-G Hawaiian charter schools; administrative supervision. Whenever any Hawaiian charter school is established under section 302A-C, the following provisions shall apply except as otherwise specifically provided by this chapter:
(1) Following consultation with the Hawaiian charter school, the Hawaiian school board shall represent the Hawaiian charter school in communications with the governor and with the legislature;
(2) The financial requirements for state funds of the Hawaiian charter school shall be submitted through the Hawaiian school board and included in a budget request separate from the department;
(3) The approval of all policies and rules adopted by the Hawaiian charter school shall be preceded by an open public meeting and shall not be subject to chapter 91;
(4) The employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the Hawaiian charter school shall be determined by the Hawaiian charter school and applicable personnel laws and collective bargaining agreements;
(5) Except as set forth in this section, the board of education, the superintendent of education, or the Hawaiian school board shall not have the power to supervise or control the Hawaiian charter school in the exercise of its functions, duties, and powers; and
(6) Local school boards may enter into an annual business contract for centralized services to be provided by the department prior to the beginning of each school year.
§302A-H Hawaiian charter schools; mandate to support. The department, together with key representatives of the major divisions in the department, representatives from the unions, as well as individuals from the Hawaiian charter schools shall collaborate together on a system of technical assistance that will provide a baseline for success of each Hawaiian charter school. In addition, the department, through the board of education and its superintendent, shall provide any other information and technical assistance upon request necessary to support the establishment and expansion of Hawaiian charter schools."
SECTION 3. 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 2002-2003, for the purpose of funding the establishment of a noncontiguous Hawaiian school district, a Hawaiian school board, and the hiring of necessary staff for the Hawaiian school board.
SECTION 4. The sum appropriated shall be expended by the department of education for the purposes of this Act.
SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 6. This Act shall take effect upon its approval; provided that sections 3 and 4 shall take effect on July 1, 2002.
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INTRODUCED BY: |
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The Committee on Judiciary and Hawaiian Affairs, and the Committee on Education, held a joint hearing on SB2919. Lengthy written testimony was presented by Kenneth Conklin. Perhaps as a result of that testimony, some of the explicitly racial language was removed from the bill. The committees also removed the provision that would have granted these charter schools an exemption from the procurement laws.
SB2919 to establish an apartheid "public" school system of, by, and for Native Hawaiians has eliminated some explicit racial language. But it will still be a separate school system. Its purpose is still clearly to provide Hawaiian culture immersion (although it now leaves the door slightly open to schools designed for other culture's immersions). In practice this school system and every school in it will still be dominated by Native Hawaiians. Anyone who is not a Native Hawaiian (or a zealous wannabe) would feel out of place and incapable of ever achieving the "Hawaiian values" being preached, if for no reason other than the irremediable failure to have the blood of the ancestors. All that is very clear from reading the preamble to the bill. Nobody can read this bill in its entirety and end up believing that its purpose it to help establish an immersion school for the propagation of Japanese, Chinese, Filipino, or Irish culture.
Language requiring Native Hawaiians to be the majority of both the student body and the administration has now been totally gutted. Where it formerly said students and administrators must have a majority who are Native Hawaiian, it now merely says the majority of students and administrators must be residents of Hawai'i. That is very strange indeed! Would school children and administrators in K-12 schools in Hawai'i not be residents here? Reading the revised bill without knowing the previous bill's contents would make someone think there's something very weird going on. And they would be correct!
The language of the original bill SB2919:
(b) As a prerequisite to the establishment of or conversion to a Hawaiian charter school under subsection (a), applicants for Hawaiian
charter school status shall assert in writing, in addition to any other requirements of this section, that:
(1) The majority of the student population is native Hawaiian;
(2) The majority of the local school board of the school is native Hawaiian; and
(3) The curriculum is based on culturally-driven approaches to education.
The very strange replacement language of the amended bill SB2919S.D.1:
(b) As a prerequisite to the establishment of or conversion to a Hawaiian charter school under subsection (a), applicants for Hawaiian
charter school status shall assert in writing, in addition to any other requirements of this section, that:
(1) The majority of the student population are residents of Hawaii;
(2) The majority of the local school board of the school are residents of Hawaii; and
(3) The curriculum is based on Hawaiian or other culturally-driven approaches to education.
As of February, 2002, the State of Hawai'i Department of Education permits a total of 25 charter schools to exist. Such schools are free to determine their cultural focus. Some schools are already Hawaiian culture immersion (12 of the 25), and some are not. Why create a separate school system for a total of 25 Hawaiian culture immersion schools, pull the existing Hawaiian culture schools out of the current system and put them into the new system, and thereby open up additional spaces in the "old" charter school system? Instead of having a system of 25 charter schools open to all orientations, and also having an additional separate system of 25 Hawaiian culture immersion charter schools, why not simply double the present limit of 25 to 50 and keep them all under the same umbrella? The reason is clear. Supporters of this bill are interested in establishing an apartheid regime.
The purpose of a culturally or ethnically separate school system is to enculturate children to be different from and incompatible with those who grow up in the mainstream system, and also to establish a permanent bureaucracy providing jobs and political patronage based on ethnicity. The purpose of a separate school system based on race or ethnicity is to pull apart one racial or ethnic group from another. But the purpose of a public school system is to enculturate children to a common set of underlying values. A public school system should pull us together rather than rip us apart. Equality under the law provides a framework in which different groups can freely pursue their cultures, protected by the guarantee of equality. SB2919 is a recipe for the ethnic balkanization of Hawai'i.
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The bill described above died in the Legislature of 2002. A new bill with similar intent was introduced in the Legislature of 2003, and carried over to the second session in 2004.
The concept of education for ethnic nation-building remains alive in the Hawai'i Legislature of 2004. The bill introduced in previous years has been greatly modified to conceal its racist intent. Gone are explicit requirements that a majority of the students and administrators must be racially Hawaiian. The new bill talks about curriculum focused on the "host culture." This, of course, implies that every other ethnic group is merely a guest in an ethnic Hawaiian homeland. The process for appointing (and later electing) the "host culture district council" is a thinly-veiled procedure to guanantee that most, and probably all, members of the governing board will be racial Hawaiians. Readers of this website might recall that during the plantation era, and continuing even today, many parents of Japanese ethnicity established private academies for their children to receive an education focused on Japanese language and culture. It would seem entirely appropriate for such private Japanese-culture schools to now become converted to public charter schools under the same sort of setup being proposed for "host culture" (i.e., ethnic Hawaiian) charter schools. The ethnic balkanization of Hawai'i will be strongly encouraged by passing this sort of legislation.
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http://starbulletin.com/2004/03/17/news/story5.html
Honolulu Star-Bulletin, Wednesday, March 17, 2004
Hawaiian school bill advances
The measure allows Hawaiian-oriented charter schools to have their own district
By Susan Essoyan
sessoyan@starbulletin.com
Hawaiian-focused charter schools scattered across the state are pushing to create their own school district in hopes of forging stronger links and attracting more funding.
A bill allowing a five-year pilot project for such a district passed the Senate unanimously last week and was on this afternoon's agenda of the House Education Committee.
"The statistics clearly show that Hawaiian children are left behind, and this will afford us an opportunity to initiate systemic change for Hawaii's native students," Ku Kahakalau, founder of Na Lei Na'auao, the Native Hawaiian Charter School Alliance, said yesterday. "It's not the answer, it's a beginning to solve the problem."
Hawaiians are the largest ethnic group in the public schools, representing 26 percent of enrollment this school year, Department of Education data shows. But they fall at the bottom in test scores, and are less likely to graduate than their peers, according to a June 2003 study by Kamehameha Schools.
"To have any kind of educational reform that doesn't focus on Hawaiians is poho, a waste of time," said Kahakalau, who is also principal of Kanu o Ka Aina charter school on the Big Island.
Senate Bill 3148, sponsored by Sen. Colleen Hanabusa (Nanakuli-Makua), originally focused exclusively on charter schools that are based on the "host culture," or Hawaiian language and culture. But at the request of the Hawaii Charter Schools Network, it was amended to allow other charter schools to launch a similar pilot project with their own district.
About 4,500 students attend Hawaii's 26 charter schools, roughly 2 percent of the public school population. Twelve of those schools are based on Hawaiian cultural values, with more than 1,000 students enrolled, mostly of Hawaiian ancestry.
Charter schools are public schools with their own school boards. They are exempt from most state regulations, and are supposed to serve as models for innovation and personalized learning.
Although such schools have some autonomy from the Board of Education, the legislation takes it a step further. The bill calls for a district council to represent and monitor the district's schools and submit their budget request to the Legislature separately from the Department of Education. The council would be appointed by the governor from nominations by the charter schools and the department.
The pilot district could share resources among schools, form partnerships with the private sector, and qualify for more federal funds.
"All they're asking is 'recognize us so that we can continue to help ourselves,' which I think is the best scenario," Hanabusa said. "It's the next step. They've shown us they can succeed."
"Many of these students have come forward and testified that under normal circumstances they would have dropped out," she added, "but they've become part of a family, part of a culture that encourages them, that they want to succeed in."
The pilot project would be evaluated on various factors, including test scores, parental involvement, fiscal measures, and whether there is any discrimination or segregation in the district.
"Rather than subjecting the entire Department of Education to radical, unproven changes, the host-culture district can pilot school-based budgeting and true community control of education, and educate officials on the viability of decentralization and local involvement," Kahakalau said.
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Here are excerpts from the bill, SB3148, being described in the Star-Bulletin article of March 17. The URL for the complete bill is valid only during the year 2004. The language has been greatly toned down to conceal the bill’s racist intent. The bill is written to appeal to the theme of decentralization and local control being pushed forward by the Governor for the entire public school system.
http://www.capitol.hawaii.gov/sessioncurrent/bills/sb3148_sd2_.htm
Host Culture Charter Sch. Dist.; Noncontiguous Charter Sch. Dist.; Pilot Demonstration Proj.
Description: Allows the establishment of a noncontiguous host culture charter school district under the board of education to be monitored by a host culture district council as a 5-year pilot demonstration project. Allows the establishment of a noncontiguous charter school district under the board of education. (SD2)
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that article X, section 4 of the Hawaii state constitution states that the State shall promote the study of Hawaiian culture, history, and language and provide for a Hawaiian education program consisting of language, culture, and history in public schools. Furthermore, the use of community expertise shall be encouraged as a suitable and essential means in furtherance of the Hawaiian education program.
The purpose of this Act is to provide opportunities to solidify existing host culture focused charter schools by re-allocating current funding and providing opportunities for additional federal funding with the creation of the host culture charter school district.
§302A-A Host culture charter school district; established. There may be established as a five-year pilot demonstration project the noncontiguous host culture charter school district monitored by a host culture district council. This district may consist of existing host culture focused charter schools within all counties of this State. There shall be no discrimination in these host culture focused public charter schools because of race, religion, sex, or ancestry. This noncontiguous host culture charter school district shall have local educational agency status, in order to qualify for equitable federal funding.
The host culture charter school district shall work in collaboration with the board of education, the superintendent of education, and the charter school executive director. Except as set forth in this section, the board of education, the superintendent of education, or the charter school executive director shall not have the power to supervise or control the host culture charter school district in the exercise of its functions, duties, and powers.
§302A-B Funding for the host culture charter school district; fiscal management. (a) All additional funds that are generated by the host culture charter school district, not from a supplementary grant, shall be separate and apart from allotted funds and may be expended at the discretion of the host culture charter school district.
(b) If at any time the host culture charter school district dissolves or is denied continuation, the State of Hawaii shall have first right, at no cost to the State, to all the assets of the host culture charter school district.
(c) Host culture focused charter schools shall be eligible to participate in tax-exempt bond programs.
§302A-C Host culture district council; established. (a) The noncontiguous host culture charter school district shall be monitored by a nine member host culture district council initially appointed by the governor, and the voting members of the host culture district council shall be subject to section 26-34; provided that the governor shall include the superintendent of education, the charter school executive director, and shall appoint two members from a list of not less than five educators submitted by the Hawaiian studies and language section of the department of education, three members from a list of not less than seven names submitted by existing host culture focused charter schools, one kupuna from a list of not less than four names submitted by existing host culture focused charter schools, and one student representative elected by the students of the existing host culture focused charter schools.
(b) Once constituted, the host culture district council shall elect its own chairperson and develop guidelines by which successor council members are to be appointed, elected, or removed.
(c) The host culture district council may hire staff to assist it in its mandated purpose and to carry out administrative functions as it deems appropriate.
§302A-D Host culture focused charter schools; accountability. (a) Each host culture focused charter school shall submit a report of its self-evaluation to the host culture district council within sixty working days after the completion of the school year; provided that the host culture district council shall have thirty working days to respond to any recommendation regarding improvements and modifications.
§302A-E Host culture focused charter schools; administrative supervision. The following provisions shall apply to all host culture focused charter schools, except as otherwise specifically provided by this chapter:
(1) Following consultation with the host culture focused charter school, the host culture district council shall represent the host culture focused charter school in communications with the governor and with the legislature;
(2) The financial requirements for state funds of the host culture focused charter school shall be submitted through the host culture district council and included in a budget request separate from the department of education;
(3) Except as set forth in this subpart, the board of education, the superintendent of education, or the host culture district council shall not have the power to supervise or control host culture focused charter schools in the exercise of its functions, duties, and powers; and
(4) Local school boards of host culture focused charter schools may enter into an annual business contract for centralized services to be provided by the department of education prior to the beginning of each school year.
§302A-H Charter school district; established. There may be established as a five-year pilot demonstration project the noncontiguous charter school district. This district may consist of existing charter schools within all counties of this State. There shall be no discrimination in these host culture focused public charter schools because of race, religion, sex, or ancestry. This noncontiguous charter school district shall have local educational agency status, in order to qualify for equitable federal funding.
The noncontiguous charter school district shall work in collaboration with the board of education, the superintendent of education, and the charter school executive director. Except as set forth in this subpart, the board of education, the superintendent of education, or the charter school executive director shall not have the power to supervise or control the noncontiguous charter school district in the exercise of its functions, duties, and powers.
§302A-I Funding for the noncontiguous charter school district; fiscal management. (a) All additional funds that are generated by the noncontiguous charter school district, not from a supplementary grant, shall be separate and apart from allotted funds and may be expended at the discretion of the host culture charter school district.
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