The state’s troubled public charter school system is poised for an ambitious overhaul. Senate Bill 2115, which passed the state House and moved to conference committee Tuesday, would replace the current organizational structure with a new one based on the recommendations of a task force established last year.

In testimony supporting SB 2115, SD2, Gov. Neil Abercrombie crisply summarized one of the biggest problems facing charter schools: "Concerns about accountability — for academic, personnel, and financial matters — undermine public and parental confidence in the appropriateness of autonomy granted to the publicly funded institutions."

He’s right. Unfortunately, those concerns have been raised about Hawaii’s charter schools. Poor management practices, lack of accountability and waste of public funds were highlighted in a scathing report by the state auditor last December. The report highlighted nepotism, overpayments to staff and other questionable management practices at numerous charter schools, including the highly publicized Myron B. Thomp- son Academy.

Based on that, one would think that any reform to the state’s charter schools would include a strong emphasis on ethical behavior. So it’s a mystery as to why the latest version of SB 2115, HD2, does just the opposite — by exempting charter schools from complying with the state Ethics Code.

The code is established by the state Constitution and applies to all state employees. Without a doubt, that should include charter school employees. Their salaries and benefits are paid by taxpayers. They are entitled to membership in public employee unions. Public funds support charter schools. Despite their autonomy, charter schools are, in every significant respect, public schools.

So why should charter schools — which are already exempt from the state procurement code and the Sunshine Law — be exempt from the state ethics code as well?

There’s no good reason, really. The section of SB 2115 that creates the exemption even acknowledges the importance of the code. It would require charter schools and governing boards to "develop internal policies and procedures for gifts, confidential information, fair treatment, conflict of interest, and contracts consistent with the goals of the state ethics code, pursuant to chapter 84."

It also says that charter schools should "use the provisions of chapter 84 when possible."

But will they? Can charter schools be entrusted to create their own ethics policies and follow them responsibly?

The available evidence suggests otherwise.

The state auditor’s report noted that "only two public charter schools of the 10 we reviewed have a school ethics policy and only three follow the ethics code."

There’s also the question of whether such an action is even legal. The state attorney general apparently doesn’t think so. In prepared testimony, the attorney general urged that the loopholes be repealed, because "these exemptions appear contrary to the mandate of article XIV of the state Constitution."

Hawaii’s public charter school system is a complex beast — a system within a system, with separate local school boards and an administrative agency that works in concert with, but independent from, the state education bureaucracy. SB 2115 is supposed to provide "clarity to the relationships, responsibilities, and lines of accountability and authority" among all the stakeholders, as well as the students and their parents.

If clarity is the goal, then the Legislature should be clear. It should refuse to replace a well-established ethics code with vague promises to create a different one. It should hold charter schools accountable for beefing up compliance with the code.

And charter schools should embrace, not undermine, the opportunity to strengthen the public trust and confidence upon which their autonomy depends.