Waianae charter
school sues state

The board of trustees alleges that the state
Board of Education is meddling in its affairs

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By Debra Barayuga
dbarayuga@starbulletin.com

A public charter school that opened less than a year ago on the Waianae Coast is accusing the state of meddling in its affairs and hindering its ability to operate.

The current board of trustees and several parents and community members filed suit in Circuit Court Thursday, asking the court to stop the state Board of Education and the Department of Education from interfering.

According to the suit, the state Board of Education gave the charter school 30 days to fully comply with all requirements in its detailed implementation plan. If it didn't, then the matter would be referred to the Department of the Attorney General, the suit said.

The board's action came on Jan. 23 after receiving public input and meeting in executive session.At a March 6 meeting, the Board of Education, at the advice of the attorney general, instructed the department to step in and conduct elections within 30 days to fill vacancies on the school's 15-member board.

Carol Gabbard, chairwoman of the Charter School Committee for the Board of Education, said the board took action because Ka Waihona failed to elect a proper school board and when it did, only eight people participated in the election.

"We on the board want to keep charter schools and we don't want to meddle," Gabbard said. "But in this instance, we're just trying to facilitate them keeping the charter."

The 30 days initially given to the school was to seat a local school board as required by the charter, Gabbard said.

The elections, overseen by the League of Women Voters, were expected to be held today at the school, Gabbard said. Once the board is in place, then the school can move forward with its implementation plan.

But the plaintiffs say the board and department's interference violates the governance authority of the school's board of directors and the school's implementation plan.

The plaintiffs have asked the courts for a declaratory ruling that includes recognizing the 11 individuals identified in the suit as the local school board's official members. They also want a cease-and-desist order to stop the Department of Education and the Board of Education's interference in electing its board of directors and other matters relating to governance.