03-31-2008, 05:12 PM
Bob, first there are two sets of zoning codes: County and State. State zoning designation trumps County. One must comply with both. So that's why you need to read Hawaii Revised Statues - it bars schools in State Land Agricultural even if it's zoned acceptable to the County. Secondly, the Federal Law that created charter schools was designed to give charter schools special exemptions. The reason is the Federal gov't recognizes the expense, challenges and time requirement for starting a full fledged DOE school. If they didn't provide exception, there would be no charter school. Hawaii provided those exceptions and the DOE lobbied the legislature to strike it and they did. The idea was to create small community based schools. As I said, the County and the State did recognize charter school autonomy at first. Even Chris Yuen printed a letter to all of the charter schools stating that the special permit process was not required in State Land Agricultural district. And yes they have since changed their minds, and yes it has wound up in court. Now the charters have to spend educational funds to hire attorney's because they did change their mind.
However all schools need to meet health and safety standards. The problem is that the Hawaii State and County government is requiring charter schools live up to same standards as a fully funded DOE school and without the funding. Why should a one classroom school live up to the same requirements of a full fledged DOE campus?
As far as your developer analogy doesn't jive but let's turn it around. Let's say the County now requires developers that build residential make their homes fully compatible with American's with Disability Act. They require it with County and State projects, so your homes must now do the same. So, now your home must have a ramp, 36" minimum openings, a 5' turnaround area in bathroom, grab bars around the walls, door levers instead of knobs, electrical outlets at least 14" off the ground, no slope more than 8 degrees, all cabinets, sinks, light switches and appliances accessible from a wheelchair, the list goes on and on. Why should you be able to build a home that's not up to the same standard--I mean who are you? And if you don't think this has been proposed you are seriously mistaken.
What the charter schools are asking is for are a set of health and safety standards acceptable for small community based school. The Federal act that created charter schools specifically gave them autonomy, where the local school boards made sure they meet federal health and safety standards for schools. What is going on here is the State is using their stringent requirements to close charter schools and force the students into DOE funded schools. Hawaii did originally recognize the charter school autonomy and the DOE forced the legislatures to strike those sections from Hawaii Revised Statues. It's there for the reading if you look. No one ever said they didn't have to meet health and safety standards, it was just to which standards and who oversees them. The reason is obvious - follow the money.
-Puna Haku
However all schools need to meet health and safety standards. The problem is that the Hawaii State and County government is requiring charter schools live up to same standards as a fully funded DOE school and without the funding. Why should a one classroom school live up to the same requirements of a full fledged DOE campus?
As far as your developer analogy doesn't jive but let's turn it around. Let's say the County now requires developers that build residential make their homes fully compatible with American's with Disability Act. They require it with County and State projects, so your homes must now do the same. So, now your home must have a ramp, 36" minimum openings, a 5' turnaround area in bathroom, grab bars around the walls, door levers instead of knobs, electrical outlets at least 14" off the ground, no slope more than 8 degrees, all cabinets, sinks, light switches and appliances accessible from a wheelchair, the list goes on and on. Why should you be able to build a home that's not up to the same standard--I mean who are you? And if you don't think this has been proposed you are seriously mistaken.
What the charter schools are asking is for are a set of health and safety standards acceptable for small community based school. The Federal act that created charter schools specifically gave them autonomy, where the local school boards made sure they meet federal health and safety standards for schools. What is going on here is the State is using their stringent requirements to close charter schools and force the students into DOE funded schools. Hawaii did originally recognize the charter school autonomy and the DOE forced the legislatures to strike those sections from Hawaii Revised Statues. It's there for the reading if you look. No one ever said they didn't have to meet health and safety standards, it was just to which standards and who oversees them. The reason is obvious - follow the money.
-Puna Haku
-Puna Haku