Chapter 8-505: Applications, Renewals or Nonrenewals, and Revocations

505-1
HAWAII ADMINISTRATIVE RULES
TITLE 8
DEPARTMENT OF EDUCATION
SUBTITLE 5
CHARTER SCHOOLS
CHAPTER 505
APPLICATIONS, RENEWALS OR NONRENEWALS,
AND REVOCATIONS
Subchapter 1 	General Provisions
§8-505-1 	Purpose
§8-505-2 	Definitions
§§8-505-3 to 8-505-4 (Reserved)
Subchapter 2 	Applications
§8-505-5 	Applications for start-up charter schools
§8-505-6 	Applications for conversion charter
schools
§§8-505-7 to 8-505-9 (Reserved)
Subchapter 3 	Renewal or Nonrenewal of Charter
Contract
§8-505-10 	Reasons for nonrenewal
§8-505-11 	Application for contract renewal
§8-505-12 	Performance report; notification of the
prospect of nonrenewal
§8-505-13 	Nonrenewal decision by the commission
§8-505-14 	(Reserved)

§8-505-1
2
Subchapter 4 	Revocation of Charter Contract
§8-505-15 	Reasons for revocation
§8-505-16 	Notification of prospect of revocation
§8-505-17 	Revocation decision by the commission
§§8-505-18 to 8-505-19 (Reserved)
Subchapter 5 	Hearings
§8-505-20 	Hearing
SUBCHAPTER 1
GENERAL PROVISIONS
§8-505-1 	Purpose. 	This chapter governs the
application process to become a charter school,
renewal or nonrenewal of charter contracts, and
revocation of charter contracts pursuant to chapter
302D, Hawaii Revised Statutes. 	[Eff 	NOV 30, 2014]
(Auth: 	HRS §302D-3.5) (Imp: 	HRS §§302D-13, 302D-14,
302D-15, 302D-18)
§8-505-2 	Definitions. 	As used in this chapter,
unless a different meaning clearly appears in the
context:
"Applicant" means the applicant who submits a
charter application to the commission.
"Board" means the board of education.
"Commission" means the state public charter
school commission established pursuant to section
302D-3, Hawaii Revised Statutes, as a statewide
authorizer. 	[Eff 	NOV 30, 2014] (Auth: 	HRS §302D-
3.5) (Imp: 	HRS §§302D-1, 302D-13, 302D-14)
§§8-505-3 to 8-505-4 	(Reserved).

§8-505-6
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SUBCHAPTER 2
APPLICATIONS
§8-505-5 	Applications for start-up charter
schools. 	(a) 	The commission shall develop an
application form, process, and processing schedule for
applying to become a start-up charter school pursuant
to section 302D-13, Hawaii Revised Statutes. 	The
application form shall include a description of the
application process and the application processing
schedule. 	The application form shall be made
available to any person interested in establishing a
start-up charter school.
(b) 	The commission shall develop policies,
criteria, or guidelines for evaluating applications
for start-up charter schools. 	The policies, criteria,
or guidelines shall be adopted, and may be amended
from time to time, by a majority vote of the
commission at a meeting held in accordance with
chapter 92, Hawaii Revised Statutes.
(c) 	If an application is denied, the commission
shall notify the applicant in writing, served by
registered or certified mail with return receipt
requested, stating the reason therefor, with specific
references to the adopted policies, criteria, or
guidelines. 	The notification of denial shall also
include a statement that the applicant may file an
appeal with the board within twenty-one calendar days
of receipt of the written notification of denial.
[Eff 	NOV 30, 2014] (Auth: 	HRS §302D-3.5) (Imp:
§§302D-13, 302D-15)
§8-505-6 	Applications for conversion charter
schools. 	(a) 	The commission shall develop an
application form, process, and processing schedule for
applying to become a conversion charter school
pursuant to section 302D-14, Hawaii Revised Statutes.
The application form shall include a description of
the application process and the application processing

§8-505-6
4
schedule. 	The application form shall be made
available to any person interested in establishing a
conversion charter school.
(b) 	The commission shall develop policies,
criteria, or guidelines for evaluating applications
for conversion charter schools. 	The policies,
criteria, or guidelines shall be adopted, and may be
amended from time to time, by a majority vote of the
commission at a meeting held in accordance with
chapter 92, Hawaii Revised Statutes.
(c) 	If an application is denied, the commission
shall notify the applicant in writing, served by
registered or certified mail with return receipt
requested, stating the reason therefor, with specific
references to the adopted policies, criteria, or
guidelines. 	The notification of denial shall also
include a statement that the applicant may file an
appeal with the board within twenty-one calendar days
of receipt of the written notification of denial.
[Eff 	NOV 30, 2014] (Auth: 	HRS §302D-3.5) (Imp:
§§302D-14, 302D-15)
§§8-505-7 to 8-505-9 	(Reserved).
SUBCHAPTER 3
RENEWAL OR NONRENEWAL OF CHARTER CONTRACT
§8-505-10 	Reasons for nonrenewal. 	A charter
contract may be not renewed for any of the reasons set
forth in section 302D-18(g), Hawaii Revised Statutes.
[Eff 	NOV 30, 2014] (Auth: 	HRS §302D-3.5) (Imp:
§302D-18)
§8-505-11 	Application for contract renewal. 	(a)
The commission shall develop a charter contract
renewal application form, which shall be made
available to each charter school whose charter

§8-505-12
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contract will expire the following year. 	The renewal
application form shall also include a description of
the renewal application process, the renewal
application processing schedule, and the policies,
criteria, or guidelines described in subsection (b).
(b) 	The commission shall develop policies,
criteria, or guidelines for evaluating charter
contract renewal applications; provided that
evaluation criteria shall be based on the charter
contract and consistent with chapter 302D, Hawaii
Revised Statutes. 	The policies, criteria, or
guidelines shall be adopted, and may be amended from
time to time, by a majority vote of the commission at
a meeting held in accordance with chapter 92, Hawaii
Revised Statutes.
(c) 	A charter school seeking renewal shall
submit a renewal application to the commission
pursuant to the renewal policies, criteria, or
guidelines adopted by the commission. 	[Eff 	NOV 30,
2014] (Auth: 	HRS §302D-3.5) (Imp: 	HRS §302D-18]
§8-505-12 	Performance report; notification of
the prospect of nonrenewal. 	(a) 	The commission shall
prepare a charter school performance report for each
charter school whose charter contract will expire the
following year. 	The performance report shall
summarize the charter school’s performance record to
date, shall be in writing, and shall be served upon
the charter contract holder by registered or certified
mail.
(b) 	If applicable, the performance report shall
notify the charter contract holder of any weaknesses,
deficiencies, or concerns which may result in
nonrenewal of the contract and shall include but not
be limited to the following:
(1) 	A clear and specific statement of the
charter school's weaknesses or deficiencies,
with references to the applicable contract
terms or performance standards that have not
been met; and

§8-505-12
6
(2) 	A statement that the charter contract
holder, in its response, may request a
hearing conducted in accordance with section
8-505-20 and may request legal
representation subject to section 28-8.3,
Hawaii Revised Statutes.
(c) 	The charter school shall have thirty days
from the date of mailing of the performance report to
submit a renewal application, to respond to the
performance report and any identified weaknesses,
deficiencies, or concerns, to submit any corrections
or clarifications for the report, and to request a
hearing.
(d) 	If the charter contract holder disputes the
commission’s assessment or claim of weaknesses or
deficiencies, the commission, after considering the
charter contract holder’s response, shall reaffirm,
modify, or retract its earlier notification of
weaknesses or deficiencies, and shall so notify the
charter contract holder in writing served by
registered or certified mail. 	[Eff 	NOV 30, 2014]
(Auth: 	HRS §302D-3.5) (Imp: 	HRS §302D-18)
§8-505-13 	Nonrenewal decision by the commission.
(a) 	The commission shall make a final decision on
whether or not to renew the charter contract within
forty-five days following receipt of the application
for contract renewal and after the hearing, if held.
(b) 	Within fifteen days of making its decision
to renew or not renew the charter contract, the
commission shall issue its decision in writing, served
upon the charter contract holder by registered or
certified mail with return receipt requested. 	The
decision shall set forth, with reasonable specificity,
the reason for its decision. 	The decision shall also
include a statement that the charter contract holder
may file an appeal with the board within twenty-one
calendar days of receipt of the written decision of
nonrenewal. 	The written decision shall be
simultaneously transmitted to the board. [Eff 	NOV 30,

§8-505-16
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2014] (Auth: 	HRS §302D-3.5) (Imp: 	HRS §§302D-15,
302D-18)
§8-505-14 	(Reserved).
SUBCHAPTER 4
REVOCATION OF CHARTER CONTRACT
§8-505-15 	Reasons for revocation. 	A charter
contract may be revoked at any time for any of the
reasons set forth in section 302D-18(g), Hawaii
Revised Statutes. 	[Eff 	NOV 30, 2014] (Auth: 	HRS
§302D-3.5) (Imp: 	§302D-18)
§8-505-16 	Notification of prospect of
revocation. 	Whenever the commission has reason to
believe that a charter contract should be revoked, the
commission shall notify the charter contract holder in
writing of the prospect of revocation. 	The
notification shall be served by registered or
certified mail with return receipt requested and shall
include the following:
(1) 	The reason why revocation is contemplated;
(2) 	The date by which the charter contract
holder shall respond, which date shall be
not less than thirty days from the date of
notification;
(3) 	A statement that the charter contract holder
may, in its response, request a hearing
conducted in accordance with section 8-505-
20; and
(4) 	A statement that the charter contract holder
may request legal representation subject to
section 28-8.3, Hawaii Revised Statutes.
[Eff 	NOV 30, 2014] 	(Auth: 	HRS §302D-3.5)
(Imp: 	HRS §302D-18]

§8-505-17
8
§8-505-17 	Revocation decision by the commission.
(a) 	The commission shall make a final decision on
whether or not to revoke the charter contract:
(1) 	Within thirty days following receipt of the
response from the charter school of the
notice of prospect of revocation if no
hearing is held; or
(2) 	Within thirty days of the close of the
hearing if a hearing is held.
(b) 	Within fifteen days of making its decision
on whether or not to revoke the charter contract, the
commission shall issue a report notifying the charter
contract holder in writing, served by registered or
certified mail with return receipt requested, of its
final decision. 	The report shall set forth with,
reasonable specificity, the reason for its decision.
If the decision is to revoke the charter contract, the
report shall also include a statement that the charter
contract holder may file an appeal with the board
within twenty-one calendar days of receipt of the
written notification of revocation. 	The report shall
be simultaneously transmitted to the board. [Eff 	NOV
30, 2014] (Auth: 	HRS §302D-3.5) (Imp: 	HRS §§91-2,
302D-15, 302D-18]
§§8-505-18 to 8-505-19 	(Reserved).
SUBCHAPTER 5
HEARINGS
§8-505-20 	Hearing. 	(a) 	If requested by the
charter contract holder pursuant to section 8-505-
12(b)(2) or 8-505-16(3), or if deemed advisable by the
commission, the commission shall hold a hearing prior
to taking action on the revocation or nonrenewal of a
charter contract.
(b) 	The commission shall notify the charter
contract holder in writing, served by registered or

§8-505-20
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certified mail with return receipt requested, of the
date, time, and place of a hearing; provided that the
hearing shall take place no less than fifteen days
from the date of the written notification.
(c) 	At the hearing, the charter contract holder:
(1) 	Shall have the opportunity to submit
documents and give testimony challenging the
rationale for revocation or nonrenewal and
supporting the continuation of the charter
school;
(2) 	May be represented by counsel in accordance
with section 28-8.3, Hawaii Revised
Statutes; and
(3) 	May present evidence and call witnesses on
its behalf; provided, however, that the
commission may exclude irrelevant or unduly
repetitious evidence.
The hearing shall be recorded. 	[Eff 	NOV 30, 2014]
(Auth: 	HRS §302D-3.5) (Imp: 	HRS §302D-18)