C ATHERINE P AYNE D AVID Y. I GE C HAIRPERSON G OVERNOR S TATE OF H AWAII S TATE P UBLIC C HARTER S CHOOL C OMMISSION ( ʻA HA K ULA H O ʻ ĀMANA ) 1111 Bishop Street, Suite 516, Honolulu, Hawaii 96813 Tel: (808) 586-3775 Fax: (808) 586-3776 SUBMITTAL FOR CONSIDERATION AND/OR ACTION DATE OF SUBMITTAL: March 5, 2018 DATE OF MEETING: March 8, 2018 TO: Catherine Payne, Chairperson FROM: Sione Thompson, Executive Director AGENDA ITEM: II. Presentation/Action on Intervention Protocol for Kona Pacific Public Charter School’s Notice of Concern Regarding Public Charter School Contract Violations I. DESCRIPTION/PURPOSE Presentation/Action on Notice of Concern issued on December 8, 2017 to Kona Pacific Public Charter School (KPPCS) regarding public charter school contract violations. II. AUTHORITY Pursuant to Hawaii Revised Statutes (“HRS”) §302D-5(a)(5) 1 , the Commission as an authorizer of charter schools has the power and duty, among many, for monitoring, in accordance with charter contract terms, the performance and legal compliance of public charter schools. Under HRS §302D-17 2 , the Commission, as KPPCS’s authorizer, is expressly required by law to “continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support ongoing evaluation according to the charter contract. Every authorizer shall have the authority to conduct or require 1 See Exhibit 4 for complete copy of the statute 2 See Exhibit 4 for complete copy of the statute 1
oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries and investigations, so long as those activities are consistent with the intent of this chapter and adhere to the terms of the charter contract.” Additionally, the Charter Contract between the Commission and KPPCS provides for an Intervention Protocol, otherwise known as Exhibit D of the Charter Contract. The Intervention Protocol expressly provides that: 1. Upon finding that the School has failed to meet legal or contractual compliance obligations (including any goals, objectives, or outcomes set in the performance frameworks), the Commission may issue a Notice of Concern, pursuant to Section 2.10 Notices of this Charter Contract. 2. Upon receiving a Notice of Concern, the School’s Governing Board will be required to provide a written response to the Commission within fourteen calendar days and the response must include at least one of the following: i. a description of the remedy of the compliance breach, if the breach has been completely remedied, including evidence of such remedy; ii. a written notification disputing the determination that a compliance breach has occurred with accompanying evidence in support of that assertion; iii. a Corrective Action Plan designed to remedy the compliance breach that includes timelines and persons responsible for each action within the plan. If the submitted Corrective Action Plan is not mutually agreeable to both the School and the Commission staff, the matter will be brought to the Commission at a General Business Meeting. 3. If the School disputes the Notice of Concern, the Commission will consider the matter at a General Business Meeting and retract, modify, or uphold the Notice of Concern. 4. The Commission shall be updated on the issuance, remedy, and progress towards implementation of Corrective Action Plans in the Executive Director’s Report during General Business Meetings ESCALATION OF NOTICES OF CONCERN If the School fails to respond or make progress towards correcting the breach in the time as stated in the Corrective Action Plan, repeatedly fails to comply with applicable law or Contract provision(s), or when the breach presents an immediate concern for student or employee health and safety, the Commission may take any or all of the following actions: 2
1. Issue a Notice of Deficiency which may include prescriptive, specific action plans and conditions for the School; or 2. Issue a Notification of Warning which initiates revocation proceedings in accordance with Chapter 302D, HRS, and applicable administrative rules. In accordance with Section 302D-17(c), HRS 3 , this Intervention Protocol shall not apply in any circumstance in which the Commission determines that a problem or deficiency warrants revocation, in which case Chapter 302D, HRS, and the established rules, procedures and protocols for revocation shall apply. III. BACKGROUND In October of 2016, the KPPCS Principal at the time, informed the Commission that she had come to learn of enrollment, withdrawal, and transfer practices of the school that were troubling and inflated actual enrollment numbers, thereby unduly increasing the school’s overall funding. This Principal, along with other then current and former employees, complained to KPPCS’s governing board as well as to the Commission. The Commission initiated its own inquiry and review of KPPCS’s enrollment, withdrawal, and transfer practices as well the school’s attendance records, student records, and inventory. The Commission also received complaints from former employees, former governing board members and parents regarding alleged unethical conduct of KPPCS’s former principal and executive director as well as conflicts of interest with the school’s associate non-profit, Friends of Kona Pacific Public Charter School. After reviewing student records, and conducting interviews with a number of current and former employees pursuant to the Commission’s authority and duties under HRS 302D- 17(a) 4 , the Commission has determined that KPPCS is not in compliance with certain provisions of the Charter Contract. On December 8, 2017, the Commission issued a Notice of Concern to KPPCS’s governing board in accordance with Exhibit D: Intervention Protocol of the Charter Contract (Exhibit 1). KPPCS’s governing board was granted two extensions of time to respond to the Notice of Concern. 3 See Exhibit 4 for complete copy of the statute 4 See Exhibit 4 for complete copy of the statute 3
On January 16, 2018, KPPCS’s governing board responded to the Notice of Concern (Exhibit 2). KPPCS’s governing board disputed that there was a compliance breach but offered corrective actions (Exhibit 2). In accordance with the Intervention Protocol, the matter is now presented to the Commission for formal disposition at this General Business Meeting. IV. DISCUSSION KPPCS’s governing board disputes that there is a compliance breach, yet offers corrective actions that have and will take place moving forward. The Notice of Concern specifically identified the provisions of the Charter Contract that the school is not in compliance with (corresponding provisions of the school’s prior contract are identified in the parentheses): i. Section 3.2 State Code of Ethics and Code of Conduct (2.2, HRS 84) The School's Governing Board and employees shall comply with the State Code of Ethics, codified in Chapter 84, HRS 5 . ii. Section 6.5 Assets (9.5) The School shall maintain a complete and current inventory of all of its property and shall update the inventory annually. The School shall take all necessary precautions to safeguard assets acquired with public funds. iii. Section 7.4 Enrollment (5.3) The School shall maintain accurate and complete enrollment data. iv. Section 7.5 Attendance (HRS 302A-1132 6 ) The School shall maintain daily records of student attendance and absences. v. Section 7.8 Withdrawal and Transfer (5.7) The School shall adopt and adhere to withdrawal and transfer procedures which provide for the timely release of any student who withdraws from the School and/or transfers to another school. The School’s withdrawal and transfer procedures shall also provide for the transfer of the student’s records to the new school in a reasonable timeframe. vi. Section 8.1 Student Records (6.7) The School shall maintain student records for current and former students in accordance with the requirements of State and federal law, including the Family 5 See Exhibit 4 for complete copy of the statute 6 See Exhibit 4 for complete copy of the statute 4
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