Hawaii law provides that beginning with the 2016-2017 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 food services, or provide restroom facilities. The appropriation and bond authorization for charter schools shall be separate from, and in addition to, any appropriation made to charter schools. These amounts shall be prioritized for allocation by the charter school facilities working group. The legislature is currently not providing funding for facilities costs.Hawaii law requires the state department of education to make vacant department school facilities available to charter schools.
Hawaii law provides that when any department considers whether to close any particular facility, it shall give reasonable consideration to making all or portions of the facility available to charter schools and early learning programs; provided that the facilities may be used for any other purpose the department of education deems appropriate.
Each department shall provide notice to the superintendent, state public charter school commission, and executive office on early learning, identifying suitable unused facilities that may be appropriate for public charter schools, early learning programs, including the pre-plus program and any other purpose the department of education deems appropriate.
The department of accounting and general services shall inventory the suitable facilities, and, in determining suitability for educational re-use, priority shall be given to facilities on sites with sufficient space for three or more classrooms.
The department of accounting and general services shall conduct biennial surveys of all departments concerning any unused facilities, or in the case of the department of education any under-utilized department schools and maintain an inventory of all such unused or under-utilized facilities. The department of accounting and general services shall provide biennial reports on the inventory maintained under this subsection to the state public charter school commission.
The law does not explicitly give charter schools the right to contract at or below fair market value with a school district, college/university, or any other public, for-profit, or nonprofit entity for the use of facilities. But there are several provisions referencing such a relationship.
Upon receipt of a notice, the state public charter school commission or executive office on early learning shall solicit applications from public charter schools or early learning programs, respectively, that are interested in using and occupying all or portions of the facilities and submit a prioritized list of public charter schools or early learning programs, respectively, to the department of accounting and general services for final determination of which public charter schools or early learning programs, if any, shall be authorized to use and occupy the facilities.