Kamalani Academy Public Charter School files appeal over enrollment decision

Kamalani Academy Public Charter School has filed a notice of appeal in court that aims to reverse a decision by the State Public Charter School Commission that leaves a $1.4 million hole in the Wahiawa school’s budget.

The commission’s Nov. 15 decision to cut Kamalani Academy’s enrollment count in half was “a clear abuse of discretion” and based on “erroneous findings of fact,” according to the claim filed last week in 1st Circuit Court.

Kamalani Academy Principal Amanda Fung said the court filing was authorized by the charter school’s governing board because it cannot afford to continue its online program if the commission’s decision stands, an action that could affect more than 180 students.

“At this point, we have no other options,” she said.

The commission, which oversees the state’s 37 public charter schools, issued a “notice of concern” in October regarding “enrollment irregularities” and potential violations to Kamalani Academy’s charter school contract.

Following a Nov. 15 hearing, the commission voted unanimously to reduce Kamalani’s final enrollment count to 152 from 335 because the school’s online program was deemed permanent and in violation of its contract.

At the same hearing, the commission voted to reduce the enrollment of Alaka‘i o Kaua‘i in Koloa to 172 from 194, citing the same contract violation.

The reductions represent the number of students enrolled in the unauthorized online programs.

In its appeal, Kamalani Academy argues that its virtual program was indeed lawful and created only after the commission last summer voted to give its schools the flexibility to move to distance learning during the pandemic.

The public charter school serving kindergarten through eighth grade students started its online program in September under a contract with Utah-based Harmony Educational Serv­ices after COVID-19 infections were spiking in Hawaii.

Fung said the school was trying to serve its community the best it could, especially as Wahiawa was considered a high-risk zone for COVID-19. The program ended up becoming popular, she said, as many parents were searching for distance learning.

But commission members argued at the November hearing that virtual programs were supposed to be only temporary and not the basis for a unilateral change in a school’s contract.

In its appeal, the school argues that it launched its virtual learning program solely for the 2021-2022 school year, which makes it temporary.

Following the commission’s decision, Kamalani Academy officials sent a letter to the panel asking whether its contract could be rewritten to include the distance learning program, according to the appeal, but the commission staff didn’t respond to the request directly.

“Even if Kamalani Academy’s virtual learning program was unauthorized, the school’s actions were, at most, the result of a misunderstanding or miscommunication. Moreover, the Commission acknowledged during the Hearing that the per-pupil monies for Kama­lani Academy students had already been budgeted for and appropriated for their education. Thus, the Commission’s decision to deprive Kamalani Academy and these students of funding was purely punitive, arbitrary, capricious, and an abuse of discretion,” the appeal says.

Asked for comment on the filing, commission spokeswoman Sheryl Turbe­ville said the agency is reviewing the filing with the state Department of the Attorney General.

“We have no further comment at this time,” she said in a statement.

Fung said the commission’s decision not only means the loss of some $1.4 million in per-pupil state funding — about half of the school’s budget — but risks thousands of dollars in federal coronavirus relief funds and other sources of money that rely on student head counts.

“It’s a dire situation,” she said.

The appeal also asks for the commission to pay costs associated with the filing.