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Sunday, May 6, 2001



Hawaii charter
school law weak,
group says

Hawaii's charter schools are
hobbled by weak state law,
mainland critics say


By Christine Donnelly
Star-Bulletin

HAWAII HAS ONE OF the worst charter school laws in the nation, earning a "D" when graded on such things as the number of charter schools allowed and the amount of freedom and funding they get, according to a national group that supports school choice.

Changes to Hawaii's law in the just-ended legislative session won't improve the state's grade "because some of the changes actually make things worse when you already had a weak law in the first place," said Anna Varghese, director of external affairs for the Center for Education Reform, the Washington-based advocacy group that rated the laws.

States were graded on a 50-point scale covering 10 criteria, with the highest score given to states that made it the easiest to start and maintain charter schools. Arizona had the highest score, 46.5 points for an A, while Mississippi had the lowest, 2.3 points for an F.


CHARTER SCHOOL WEB SITES

The Center for Education Reform released its rankings to coincide with National Charter Schools Week, which ended Friday.

For the complete rankings go to the Center for Education Reform's Web site http://edreform.com.

For detailed information about all states' charter school laws, see the Web site of the Education Commission of the States at http://www.ecs.org and click on "education issues."


Hawaii's law earned 18 points for a D, ranking it 32nd out of 38 regions analyzed. (The rankings included 36 states, the District of Columbia and Puerto Rico). Eight got A's, 13 got B's, 10 got C's and one got an F. Thirteen states have no charter school law and were not graded.

Varghese said Hawaii's grade was dragged down by several factors, including that its law defines only one chartering authority (the state Board of Education), caps at 25 the number of charter schools allowed, does not exempt charter schools from collective-bargaining agreements (in a state where virtually all school employees are unionized), and gives charter schools a low degree of legal, operational and fiscal autonomy compared to other states.

Varghese said the center's research shows that "having a strong law is the most important factor in creating successful charter schools. Hawaii does not have a strong law now, but our hope is that lawmakers would really take a look at some of the great legislation is out there and make some changes."

LIFTING THE CAP on the number of charter schools allowed and creating another granting authority would help, she said, adding that many states allow universities, county governments or even "blue ribbon panels" of educators, policy makers and business leaders to grant charters.

Hawaii now has six charter schools, while seven more have been granted charters and will open soon, according to the Department of Education. And at least 13 more groups have said they will seek charters, bringing the total interested above the 25 specified by law.

Charter schools are publicly funded, but are supposed to be free of many rules and regulations governing regular public schools. This freedom, over spending, curriculum and other activities, is intended to foster innovation and excellence. In exchange for heightened autonomy, charter schools face the ultimate in accountability: The state Board of Education can shut them down if they fail to meet student performance standards.

Charter school advocates in Hawaii say that in response to isolated problems at a few start-up schools, the Legislature and the Board of Education rushed through changes to the law that could crush the entire movement by reducing funding and freedom.

State officials counter that they are simply trying to ensure that charter schools get no more funding per pupil than regular public schools.

They also argue that since the state retains legal liability if a student is harmed at a charter school, they must exercise prudent authority. Plus, they say, student achievement at charter schools is unproved and deserves close scrutiny.

Similar debates rage nationwide, as state lawmakers and education boards weigh the pros and cons of spending taxpayer money on educational enterprises that do not fit the usual definition of public schools, said Todd Ziebarth, a policy analyst for the Education Commission of the States. (The ECS, based in Denver, tracks education issues nationwide for state Legislatures and policy makers. Unlike the Center for Education Reform, it is not an advocacy group.)

THE STAKES are especially high in Hawaii because student achievement in public schools continues to lag behind the national average.

"So you have a lot of parents wanting something better," said Ziebarth, who has analyzed all the charter school laws in the nation and agrees that Hawaii makes it harder than many states to create and maintain charter schools.

However, having a strong charter law does not guarantee a state's charter schools are uniformly excellent, he said. "These rankings are looking the start-up process, not school performance."

Still, the ease with which a state creates charter schools is a good indicator of political support for the charter school philosophy, he said.

"Some states rig the system so much that it suffocates the start-ups to the extent that they are destined to fail," said Ziebarth. "I'm not saying that's definitely happening in Hawaii, but it could be a concern."

State Rep. Ken Ito, chairman of the House Education Committee, said he was open to improving Hawaii's law next session.

"I agree that charter schools should be autonomous, but then again, they have to be accountable, too," Ito said. "We want to hear from the whole charter school ohana and once and for all get something everybody can be happy with."



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