Complaints About a Hawaiʻi Public Charter School

The Hawai‘i State Public Charter School Commission is the sole authorizer for public charter schools in Hawaiʻi. The Commission enters into a charter contract with each authorized school and is responsible for ensuring that charter schools operate in compliance with the contractʻs frameworks, performance standards and legal requirements, including applicable state and federal laws and regulations.

Hawaiʻi public charter schools are publicly funded and generally do not have geographic attendance boundaries that limit enrollment. The exception is six conversion charter schools, which are required to give enrollment priority to students who live within their designated geographic attendance areas. Each charter school is governed by an independent governing board that is responsible for the financial, organizational and academic oversight of the school. Hawaiʻi public charter schools have the freedom to establish their own policies, design their own educational program and manage their own human and financial resources.

The Commission is not involved in operational decision-making, such as attendance, grading, staff hiring and school curriculum choice, as long as those decisions are consistent with applicable laws, rules and policies.

Step 1: Familiarize yourself with the school’s guidelines and contact the school’s leadership

The charter school’s complaints policy should describe a process of how a charter school will address complaints. Contact school leadership to try to resolve any issues or complaints at the charter school. School level matters, such as attendance, student discipline, and issues involving other students or school staff, should be addressed by schoolʻs leadership.

The charter contract requires that schools post the following policies on the schoolʻs website:​

• Complaints Procedures
• Student Conduct and Discipline
• Admissions
• Attendance
• Financial Management Policies and Procedures
• Procurement Policy
• Safety Plan
• School Personnel

Hawaiʻi public charter school employees are employees of the school, not the Commission. Schools are required to adopt and implement personnel policies in accordance with state and federal law to address hiring and termination of personnel, terms of employment and compensation. While the Commission is responsible for ensuring that Hawaiʻi public charter schools comply with all applicable employment laws, individual charter schools are responsible for compliance with those laws.

Employees (current and former) should refer to the school’s complaint policy to determine the appropriate steps to file a complaint. The policy must be followed in its entirety. Before submitting a complaint to the Commission, current employees should consult with their bargaining unit in matters pertaining to possible master agreement violations.

Step 2: Contact the School’s Governing Board

If, after discussing the issue with the school’s leadership, you are not satisfied with the outcome or decision pertaining to the complaint, you may bring your issue to the school's governing board. Governing Board meetings are public meetings and should be scheduled on a regular basis. A schedule of governing board meetings and board contact information should be available on the school’s website and in the school office.

The process by which the governing board handles complaints may differ from school to school, however, the charter school’s complaints policy should describe a process for addressing the issue which should include an opportunity to directly address the complaint with the board. Complainants should request that communications with the governing board and school administrators be in writing, once a complaint has been raised. All written communications should be saved and may be requested as a complaint is being reviewed.

The Commission's website includes a Governing Boards page with links to each charter school's governing board page. There, you can find the contact information for each charter school's governing board.

The governing board is “the independent governing body of its charter school and shall have oversight over and be responsible for the financial, organizational, and academic viability of the charter school, implementation of the charter, and the independent authority to determine the organization and management of the school, the curriculum, virtual education, and compliance with applicable federal and state laws.” (HRS 302D-12(f) Parents should refer to the school’s posted policy to determine the appropriate steps necessary to file a complaint.

Step 3: Submit a Complaint to the Commission

The Commission is the sole authorizer of public charter schools in Hawai‘i and maintains a charter contract with each authorized school. Most complaints should be addressed at the school level. Each charter school is governed by an independent governing board responsible for the schoolʻs financial, organizational and academic oversight. If, after completing a charter school’s complaint process with school administrators and the governing board, an individual chooses to submit a complaint to the Commission, the Commission will review and investigate the complaint, as authorized by HRS302D-17(a), only if it meets the following criteria:

1. The complainant provides evidence that the school did not follow its complaint policy. Evidence must also be submitted showing that all steps outlined in the schoolʻs complaint policy have been completed. Correspondence from school administrators and the governing board should be provided to support this claim.

2. The complainant provides evidence that the complaint involves a health or safety issue to students, school staff and/or the public and does not require immediate intervention from law enforcement, child protection, or other emergency personnel.

3. The complainant provides specific evidence that the complaint involves a violation of federal or state law, or a provision of the charter contract, that has not been resolved by school administrators and/or the governing board.

Please be aware that certain issues may be referred to another agency that has jurisdiction over and is better suited to handle the issue.