Policy Brief – Charter Schools
Senator Norman Sakamoto
May 30, 2006
Charter schools represent a new approach to public education in Hawaii. A charter school is a public school with its own local school board. It has the flexibility to choose its own curriculum while at the same time is bound by the same academic standards as other public schools. Charter schools span a wide range. They can include schools run by private companies,1 schools for military dependents,2 schools with an environmental focus,3 e-charter schools that utilize web-based instruction,4 and schools with a Hawaiian culture focus.5 They also include regular schools that restructure or convert themselves into charter schools.6
Charter schools mark a attempt to introduce educational reform to Hawaii's public school system. Their significance lie in the attempt to bring decentralization and innovation to Hawaii public schools. They challenge traditional notions of pedagogy, governance, and even collective bargaining relations.7
Charter schools have enjoyed significant growth and popularity. In the school year 2004-2005, there were 5,200 students enrolled in 27 charter schools across the State, and 500 employees working for charter schools. The geographic distribution of charter schools is as follows: 10 on Oahu, 12 on Hawaii, 2 on Maui/Molokai, and 3 on Kauai.8 Academically, charter schools have done well. In 2004, the Hawaii Educational Policy Center released a report showing that as a group charter schools outperformed regular public school students.9
BACKGROUND
The beginning of charter schools in Hawaii can be traced to Senate Bill 1501 (Act 62) in 1999. This pioneering legislation defined the statutory basis and framework for a "new approach to education that is free of bureaucratic red tape and accommodating of the individual needs of students."10
Getting charter schools up and running has been a far from easy task. Its formation was met with bureaucratic resistance and institutional territoriality on the one side, and passionate advocacy and zeal on the other. It has taken several years of hard work, listening to the concerns of parents and supporters, and being open to new ideas to get charter schools off the ground. The passage of charter school legislation is due to a collaborative effort by several legislators: Representative Ken Ito, Representative Mark Takai, Representative Roy Takumi, and Senator Norman Sakamoto. They worked collaboratively with various community stakeholders to enact legislation that would put public charter schools on solid footing.
CHALLENGES
One of the earliest challenges to charter schools in Hawaii was Senate Bill 1085 (2001), known as the 'sunset bill' because it contained a provision to end all charter schools in 2005. The bill was met with strong opposition by charter schools supporters. Senator Sakamoto voiced his disagreement with the bill and held the bill in committee.11
Funding
Another major challenge for charter schools has been funding. Keola Nakanishi, principal of Halau Ku Mana New Century Public Charter School noted: "As charter schools, we are public schools but have no facilities and get less money than all other schools per pupil. It has been many years now of this inequity, and we're not getting the funding, nor the services."12
In 2002, Senator Sakamoto introduced Senate Bill 2512 (Act 262), which clarified the funding formula for charter schools. In 2003, Senator Sakamoto introduced Senate Bill 1700 (Act 203), which established a per-pupil funding formula for charter schools and created a charter school administrative office with its own executive director. In 2004, Senator Sakamoto introduced Senate Bill 2425 (Act 132), which sought to expedite funding for charter schools by establishing procedures for the appropriating and expending of funds for charter schools. In 2005, the Legislature increased funding for charter schools from $28 million to $31 million.13 Senator Norman Sakamoto affirmed: "Charter schools are an integral part of the transformation of our public schools. That means supporting full funding."14
Facilities
One significant challenge for startup charter schools has been the lack of facilities. Unlike mainstream schools and conversion charter schools which already have their own facilities, start up charter schools have struggled to acquire their own facilities resulting in their meeting in warehouses, tents, or even renovated chicken coops.15 Moreover, the lack of funding has forced startup schools to divert monies that would otherwise have been spent on classroom instruction.
To deal with this problem, Senator Sakamoto in the 2006 introduced a bill that would create a second per-pupil allocation to be used for rent, leases or other facility costs.16 Senate Bill 3054 would help charter schools acquire their own facilities by (1) providing seed money for public-private partnerships and (2) allowing the Department of Land and Natural Resources to lease public lands or buildings to charter schools. The budget passed by the Legislature in 2006 allocated $3,174,000 for charter schools facility costs.17
Authorizing New Charter Schools
The lack of facilities also hindered the authorizing of new charter schools. Early on, charter schools were caught in a catch-22 situation in that they were unable to obtain facilities because they lacked a charter, and they were unable to obtain a charter because they lacked facilities. In 2001, the Legislature passed House Bill 946 (Act 209) which allowed more groups to form charter schools and made the process of obtaining a charter more straightforward. In a floor speech Senator Sakamoto spoke in support of the bill noting it would eliminate this catch-22 situation.18
Caps on Startups
The law allows for a total of 48 charter schools and sets 23 as the maximum for startups. The popularity of charter schools and growing enrollment led to calls for lifting the cap on startups. However, the problems faced by startups made legislators reluctant to lift the cap. Senator Sakamoto noted: "I'm not sure the existing ones are operating well, and it's kind of awkward to expand when some of the current ones, especially startups, are struggling."19 Similar concerns were voiced by his House counterpart, Representative Roy Takumi.20 A task force recently created by the Legislature recommended against lifting the cap on startups.21 In 2006, the Legislature approved Senate Bill 2719, which would allow one additional startup charter school for each startup charter school that becomes accredited.
RELATIONS WITH THE DEPARTMENT OF EDUCATION
Tensions between charter schools and the Department of Education (DOE) reflect the paradoxical nature of their relationship. Charter schools, while independent of the DOE with respect to curriculum and administration, are also dependent on the DOE for funds and other crucial administrative support.22 Other differences emerged over issues such as facilities, teacher tenure, and civil service protection.23 Charter schools were created at a time when state funds were scarce; because of this DOE often viewed charter schools as competing for the same pot of money. This has strained what should be a collaborative and synergistic relationship.
In time charter schools have become something of a parallel agency to DOE. While charter schools are public schools, they are not considered DOE schools.24 In 2003, the Legislature passed Senate Bill 1700 (Act 203) which created a charter school administrative office with its own executive director. At the present time, DOE is headed by School Superintendent, Pat Hamamoto, and the Charter School Administrative Office is headed by Executive Director, Jim Shon.
Equal Treatment for Teachers
In 2001, there was some question as to whether charter school teachers were eligible for tenure and seniority within the DOE system.25 In 2004, Senator Sakamoto introduced Senate Bill 2424 (Act 63), which grants civil service protection to charter school employees similar to those enjoyed by DOE employees. In 2005, the Legislature passed Senate Bill 1643 (Act 87), which includes charter school employees in the State's workers compensation pool, and ensures that qualified personnel can transfer between the charter school system and the regular DOE schools.
Equal Treatment for Students
Initially, charter school students were not permitted to participate in regular DOE schools sports programs even though they are public school students. In 2002, Senator Sakamoto introduced Senate Bill 2512 (Act 262), which allows charter school students to participate in sports activities either through the charter school or through a mainstream public school.
WHERE WE ARE TODAY
In the 2006 legislative session, we introduced the following bills:
Senate Bill 2652 would allow conversion charter school employees to retain their civil service status after their school becomes a charter school.
Senate Bill 2707 would require DOE to allocate funds for new century charter schools on a per-pupil basis. The bill does not apply to conversion charter schools.
Senate Bill 2718 would set a maximum annual contribution limit for nonprofit organizations that create a charter school. The intent is to avoid matching contributions by nonprofit organizations becoming a burden.
The Legislature passed Senate Bill SB2719, an omnibus bill that would create a new chapter in the Hawaii Revised Statutes establishing a charter school system. This bill includes the concepts from the above three bills as well other recommendations from parties involved in the charter school movement.
CONCLUSION
Charter schools are still a work in progress. Charter schools Executive Director, Jim Shon, notes of the growth of charter schools over the past several years: "They were given a certain childhood. Now they are emerging from adolescence into adulthood."26 Although not for everyone, charter schools have the potential for making a significant and lasting contribution to public education in Hawaii. In light of that, they deserve our aloha and kokua.
1 Jennifer Mrozowski, "These schools sell education for profit," The Enquirer, June 30, 2005.
2 Editorial, "Military charter school offers possibilities," Honolulu Advertiser, December 30, 2005.
3 Jan TenBruggencate, "DLNR: Add 7 charter schools, expand environmental studies," Honolulu Advertiser, February 8, 2006. http://the.honoluluadvertiser.com/article/
2005/Dec/25/ln/FP512250341.html
4 Eloise Aguilar, May 30, 2002, "E-Charter School to graduate six," Honolulu Advertiser, http://the.honoluluadvertiser.com/article/2002/May/30/ln/ln12a.html
/?print=on.
5 Kanu o ka `Aina New Century Public Charter School, emphasizing Hawaiian and Western curricula, aims to produce students who are bilingual and bicultural.
6 Claudine San Nicolas, "Kualapuu Elementary School planning own 'restructuring," Maui News, September 1, 2005.
7 Education Commission of the States, Collective Bargaining and Teachers Unions in a Charter District, December 2003.
8 Hawaii Educational Policy Center, "Charter School Facts," http://www.hawaii.edu/hepc/pdf/Reports/Charter_School_Facts_2004.pdf.
9 Hawaii Educational Policy Center, "Charter School Facts," http://www.hawaii.edu/hepc/pdf/Reports/Charter_School_Facts_2004.pdf. See also, Derrick DePledge, "Charter schools compared well," Honolulu Advertiser, September 3, 2004, http://the.honoluluadvertiser.com/article/2004/Sep/03/ln/ln05a.html
/?print=on.
10 It should be noted that a possible earlier precedent may be found in Act 272 (1994) which mandated the establishing of "student-centered schools."
11 Alice Keesing, "Fight rages over charter schools," Honolulu Advertiser, February 13, 2001, http://the.honoluluadvertiser.com/2001/Feb/13/213localnews27.html Crystal Kua, "Charter schools battle 'sunset' provision," Honolulu Star-Bulletin, February 13, 2001, http://starbulletin.com/2001/02/13/news/story6.html.
12 Drake Beil, "Lack of money, support killing charter schools," Honolulu Advertiser, April 25, 2004, http://the.honoluluadvertiser.com/article/2004/Apr/25/op/
op05a.html/?print=on.
13 Dan Martin, "Charter schools getting shorted on funding, officials say," Honolulu Star-Bulletin, May 5, 2005, http://starbulletin.com/2005/05/05/news/story9.html.
14 Susan Essoyan, "Isle charter schools to receive full funding," Honolulu Star-Bulletin, April 23, 2004, http://starbulletin.com/2004/04/23/news/story3.html.
15 Loren Moreno, "Charters await legislative help," Honolulu Advertiser, February 26, 2006, http://the.honoluluadvertiser.com/article/2006/Feb/26/ln/FP602260345.html.
16 Loren Moreno, "Charters await legislative help," Honolulu Advertiser, February 26, 2006, http://the.honoluluadvertiser.com/article/2006/Feb/26/ln/FP602260345.html.
17 See budget worksheet for House Bill 1900 CD1 p. 473, http://www.capitol.hawaii.gov/sessioncurrent/worksheets/
HB1900_CD1_Worksheets_.pdf
18 Senate Journal: Regular Session 2001, page 525.
19 Derrick DePledge, "Panel opposes lifting caps on startup charter schools," Honolulu Advertiser, December 22, 2005, http://the.honoluluadvertiser.com/article/2005/
Dec/22/ln/FP512220353.html.
20 Dan Martin, "Lingle asks $18 million for charter schools, Honolulu Star-Bulletin, January 24, 2006, http://starbulletin.com/2006/01/24/news/story03.html. Gordon Y.K. Pang, "Lingle proposes tax breaks, housing incentives," Honolulu Advertiser, January 25, 2005, http://the.honoluluadvertiser.com/article/2005/
Jan/25/ln/ln06p.html.
21 Derrick DePledge, "Panel opposes lifting caps on startup charter schools," Honolulu Advertiser, December 22, 2005, http://the.honoluluadvertiser.com/article/2005/
Dec/22/ln/FP512220353.html.
22 Alice Keesing, "Charter school teachers seek tenure," Honolulu Advertiser, December 15, 2001, http://the.honoluluadvertiser.com/article/2001/
Dec/15/ln/ln09a.html.
23 Leila Fujimori, "BOE accused of undermining charter schools," Honolulu Star-Bulletin, December 10, 2001.
24 http://165.248.6.166/data/schoollist_pcs.asp
25 Alice Keesing, "Charter school teachers seek tenure," Honolulu Advertiser, December 15, 2001, http://the.honoluluadvertiser.com/article/2001/
Dec/15/ln/ln09a.html.
26 Derrick DePledge, "Charter schools' troubles audited," Honolulu Advertiser, January 13, 2005, http://the.honoluluadvertiser.com/article/2005/Jan/13/ln/ln05p.html.