§302D-19 School closure and dissolution. (a) Prior to any public charter school closure decision, an authorizer shall have developed a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accor dance with the requirements of this chapter. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer. In the event of a public charter school closure for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol.
(b) In the event of a public charter school closure for any reason, the assets of the school, excluding facilities, shall be distributed first to satisfy outstanding payroll obligations for employees of the school, then to creditors of the school, and then to the state treasury to the credit of the general fund. If the assets of the school are insufficient to pay all parties to whom the school owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law.
(c) In the event of a public charter school closure for any reason, if the public charter school received an appropriation for capital improvements to its facilities, the charter school or its authorizer shall negotiate with the expending agency for a lump sum or installment repayment to the State of the amounts appropriated. This restriction shall be registered, recorded, and indexed in the bureau of conveyances or with the assistant registrar of the land court as an encumbrance on the property. Amounts received from the repayment under this subsection shall be deposited into the general fund.
(d) In the event of a public charter school closure for any reason, other public charter schools shall have the right of first refusal for the closed public charter school's facilities, if the facilities are owned by the State. If no other public charter school exercises the right of first refusal, the facilities shall revert back to the department and the State. [L 2012, c 130, pt of §2]
Structure Hawaii Revised Statutes
302D-3 State public charter school commission; establishment; appointment.
302D-4 Chartering authority application for eligible entities.
302D-5 Authorizer powers, duties, and liabilities.
302D-6 Principles and standards for charter authorizing.
302D-9 Exclusivity of authorizing functions and rights.
302D-10 Services purchased from authorizer; itemized accounting.
302D-11 Oversight of public charter school authorizers.
302D-12 Charter school governing boards; powers and duties.
302D-13 Start-up and conversion charter schools; establishment.
302D-14.5 Approved charter applications; start-up period; pre-opening charter schools.
302D-15 Appeals; charter applications, renewals, or revocations.
302D-16 Performance framework.
302D-17 Ongoing oversight and corrective actions.
302D-18 Renewals, revocations, and nonrenewals.
302D-19 School closure and dissolution.
302D-23 Minimum educational data reporting standards.
302D-24 Occupancy and use of facilities of department schools.
302D-25 Applicability of state laws.
302D-26 Civil service status; employee rights.
302D-27 Administration of workers' compensation.
302D-28.5 Financial insolvency.
302D-29 Weighted student formula
302D-30 Responsibilities of the department; special education services.
302D-33 Criminal history record checks.
302D-35 Use of vacant department facilities.
302D-36 Youth suicide awareness and prevention protocol.
302D-37 Standardized assessment for students entering kindergarten.
302D-38 Prior early learning programs attendance disclosure.
302D-39 Public early learning and preschool programs; administrative authority.