Haw. Rev. Stat. § 302A-443 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-443
Administrative hearing procedures and subpoena power relating to the education of children with a disability.
Status: in_force

(a) An impartial hearing may be requested by any parent or guardian of a child with a disability, or by the department, on any matter relating to the identification, evaluation, program, or placement of a child with a disability; provided that the hearing is requested:

(1) Within two years of the date the parent, guardian, or department knew or should have known about the alleged action that formed the basis of the request for a hearing; and

(2) Notwithstanding paragraph (1), within one hundred and eighty calendar days of a unilateral special education placement, where the request is for reimbursement of the costs of the placement.

(b) Subsection (a) shall not apply to a parent or guardian of a child with a disability if the parent or guardian was prevented from requesting the hearing due to:

(1) Specific misrepresentations by the department that it had resolved the problem that formed the basis of the complaint; or

(2) The department's withholding from the parent or guardian information that was required by state or federal laws and regulations to provide a free, appropriate public education to a child with a disability.

(c) The department shall adopt rules that conform to the requirements of any applicable federal statutes or regulations pertaining to the impartial hearing based on the education of a child with a disability. The rules shall provide that any party may be present at the proceeding, be accompanied and advised by counsel or individuals with special knowledge or training with respect to the problems of children with a disability, may require witnesses to be under oath, cross-examine witnesses, and obtain a written or electronic verbatim record of the proceedings.

(d) Any party to these hearings or the hearings officer shall have the right to compel the attendance of witnesses upon subpoena issued by the hearings officer. The fees for attendance shall be the same as for the fees of witnesses before circuit court. In case of the failure of any person to comply with a subpoena, a circuit court judge of the judicial circuit in which the witness resides, upon application of the hearings officer, shall compel attendance of the person.

(e) No later than twenty days prior to the convening of each regular session of the legislature, the department shall submit a report that provides the total number of requests for a due process hearing relating to the reimbursement of costs for a child's placement filed by a parent or guardian of a child with a disability.

(f) The department shall be authorized to monitor any child eligible to receive special education and related services who is placed, whether as the result of a hearing officer's decision, court order, or programmatic placement, at the department's expense, whether by direct payment or through reimbursement to the student's parent, legal guardian, or legal custodian, in any private school or placement as defined by federal and state law, including any implementing regulations or rules, relating to students with disabilities. Any private school or placement that receives funding from the department for the placement of a student with a disability, whether the funding is by direct payment or through reimbursement to the student's parent, legal guardian, or legal custodian, shall allow the department access to exercise its authority under this subsection to monitor any student placed at the private school or placement. Monitoring under this subsection shall include but not be limited to:

(1) The monitoring of all private schools and placements to ensure compliance with all applicable federal, state, and county laws, rules, regulations, and ordinances pertaining to health and safety;

(2) The monitoring of all students with disabilities placed in a private school or placement to ensure that:

(A) Each student is receiving academic education, instruction, and programming as required by the student's individualized education program; and

(B) The curriculum and instruction are rigorous, based on content standards, and aligned with the Common Core State Standards;

(3) The direct observation of a student with a disability placed in a private school or placement, with or without notice to the private school or placement;

(4) The review of all records, notes, or documentation related to students with disabilities placed in a private school or placement; and

(5) The right of the department to talk to the student's teachers at the private school or placement at reasonable times.

(g) Any private school or placement that receives funds from the department, whether by direct payment or through reimbursement to the student's parent, legal guardian, or legal custodian, shall post with the department by April of each year, the itemized rates, fees, and tuition to be charged for the following school year and shall charge the department the same itemized rates, fees, or tuition it charges parents, legal guardians, or legal custodians who unilaterally place a student at its school, program, or facility. The department shall only pay for services that are specified in a student's individualized education program.

(h) Any private school or placement that receives funds from the department, whether by direct payment or through reimbursement to the student's parent, legal guardian, or legal custodian, shall provide copies of a student's records to the department within three business days of receipt of a request for such records.

(i) The department shall withhold payment to any private school or placement that restricts or denies monitoring by the department pursuant to its authority under subsection (f).

(j) Subsections (f) through (i) shall not apply to those schools that are full and accredited members in good standing of the Hawaii Association of Independent Schools; provided that the department may monitor any child at such schools eligible to receive special education and related services at the department's expense.

(k) The department may adopt rules pursuant to chapter 91 to effectuate subsection (f). [L 1996, c 89, pt of §2; am L 2005, c 158, §2; am L 2008, c 179, §1; am L 2011, c 129, §2]
Haw. Rev. Stat. § 304A-1862 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1862
Robotics and problem-based, applied learning program; established.
Status: in_force

(a) There is established within the University of Hawaii the robotics and problem-based, applied learning program, which shall be administered by the University of Hawaii college of engineering. The mission of the robotics and problem-based, applied learning program shall be to develop science, technology, engineering, and mathematics skills among students in the fostering inspiration and relevance through science and technology pre-academy program through robotics- and problem-based, applied learning projects and competitions. The robotics and problem-based, applied learning program shall work with existing programs to expand and strengthen activities, including but not limited to National Aeronautics and Space Administration explorer schools; fostering inspiration and relevance through science and technology robotics, lego league, and vex challenges or competitions; botball educational robotics programs; and underwater robotics challenges.

(b) The robotics and problem-based, applied learning program shall coordinate and cooperate with the fostering inspiration and relevance through science and technology pre-academy program in establishing an integrated system of science, technology, engineering, and math-related, problem-based, applied learning programs under the administration of the pre-academy program. The robotics and problem-based, applied learning program shall enlist, encourage, train, and support volunteer teachers and other mentors to conduct robotics and space-related programs at the school level. [L 2007, c 111, pt of §11]
Haw. Rev. Stat. § 302A-408 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-408
After-school and weekend programs.
Status: in_force

The department and the appropriate county agencies may establish and regulate programs of after-school and weekend community-school activities for children, including but not limited to child-care programs, arts and crafts, hula, ukulele, and other recreational projects, wherever feasible, at public school and public park facilities. In addition to any appropriation of public funds, reasonable fees established by the agencies operating the programs may be collected from children enrolled, in the furtherance of particular programs. The appropriate agencies may obtain from time to time the services of persons in a voluntary or unpaid capacity, exempt from chapter 76, as may be necessary for carrying out the purposes of this section, and may regulate their duties, powers, and responsibilities when not otherwise provided by law. Any person whose services have been so accepted, while engaged in the performance of duty under this section, shall be deemed a state employee or an employee of a political subdivision, as the case may be, in determining the liability of the State or the political subdivision for the negligent acts of these persons.
Haw. Rev. Stat. § 302L-8 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-8
[ §302L-8] Public prekindergarten classrooms; annual report to the legislature.
Status: in_force

[ §302L-8] Public prekindergarten classrooms; annual report to the legislature. The office shall submit to the legislature an annual report regarding State-funded prekindergarten programs and private partnership-funded prekindergarten programs in the public schools, except special education and Title I-funded prekindergarten programs, to include, as related to each type of program:

(1) The number and location of classrooms;

(2) Numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken;

(3) Sources of funding for each classroom;

(4) Quality of teacher-child interactions relating to social emotional support, classroom structure, and quality of learning experiences, as assessed using a formative assessment tool selected by the office; and

(5) Child outcomes relating to all areas of childhood development and learning, including cognitive, linguistic, social, and emotional approaches to learning and health and physical development, as assessed using a formative assessment tool selected by the office.

The department and state public charter school commission shall share data with the office necessary for the purposes of this report. [L 2019, c 276, §13]
Haw. Rev. Stat. § 302A-856 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-856
[ §302A-856] Youth suicide awareness and prevention protocol.
Status: in_force

[ §302A-856] Youth suicide awareness and prevention protocol. (a) The department, in collaboration with the department of health, shall develop a mandatory youth suicide awareness and prevention training program and a model risk referral protocol for complex areas and charter schools based on the department of health's existing suicide awareness and prevention curriculum and materials, which shall be provided to teachers, teacher assistants, administrators, and counselors.

(b) By September 15 of each year, each complex area shall report to the department on prior school year training prevention activities completed as described by this section.

(c) Neither the department nor any of its agencies, boards, members, personnel, designees, agents, or volunteers shall be liable in civil damages to any party for any act or omission of an act relating to the provision of, participation in, or implementation of the components of the training program or protocol required by this section unless that act or omission amounts to gross negligence, wilful and wanton conduct, or intentional wrongdoing.

(d) The department may adopt rules pursuant to chapter 91 to include and require contracted workers to participate in and comply with the suicide awareness and prevention training program and risk referral protocol requirements under this section and section 302D-36. [L 2019, c 270, §1]
Haw. Rev. Stat. § 302A-1151.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1151.5
Use of vacant public school facilities.
Status: in_force

(a) When the department considers whether to close any particular public school, it shall simultaneously give reasonable consideration to making all or portions of the facilities of the public school available to charter schools and early learning programs; provided that the facilities may be used for any other purpose the board deems appropriate.

(b) The department shall identify unused public school facilities that may be appropriate for:

(1) Charter schools;

(2) Early learning programs; and

(3) Any other purpose the board deems appropriate.

Suitable empty classrooms, as determined by the department, shall be inventoried for potential use by charter schools, early learning programs, or for any other purpose the board deems appropriate. Priority shall be given to facilities on sites with sufficient space for three or more classrooms.

(c) T he department shall adopt rules necessary to carry out the purposes of this section .

(d) For purposes of this section, "public school" means any school that falls within the definition of public schools in section 302A-101, except for charter schools.

(e) Upon receipt of a notice pursuant to subsection (b), the executive office on early learning shall solicit applications from early learning programs interested in using and occupying all or portions of the facilities of the public school and submit a prioritized list of early learning programs to the department for final determination of which early learning program, if any, shall be authorized to use and occupy the public school facilities. [L 2010, c 144, §2; am L 2012, c 130, §10 as superseded by c 133, §22 and c 178, §4; am L 2024, c 152, §1]
Haw. Rev. Stat. § 302D-34 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-34
Enrollment.
Status: in_force

(a) A public charter school shall not discriminate against any student or limit admission based on race, color, ethnicity, national origin, religion, gender, sexual orientation, income level, disability, level of proficiency in the English language, need for special education services, or academic or athletic ability.

(b) A start-up charter school:

(1) Shall be open to any student residing in the State who is entitled to attend a department school;

(2) Shall enroll all students who submit an application, unless the number of students who submit an application exceeds the capacity of a program, class, grade level, or building; provided that a student who is currently enrolled in a charter school that has been notified of the prospect of revocation in accordance with section 302D-18, or is closing in accordance with section 302D-19, whichever occurs first, may be given first priority to enroll at another charter school to which the student applies, or placed at the top of the waitlist for enrollment;

(3) Shall select students through a public lottery if, as described in paragraph (2), capacity is insufficient to enroll all students who have submitted a timely application;

(4) May give an enrollment preference to students within a given age group or grade level and may be organized around a special emphasis, theme, or concept as stated in the charter school's application and as approved by the charter school's authorizer;

(5) May give an enrollment preference to students enrolled in the charter school during the previous school year and to siblings of students already enrolled at the charter school;

(6) May give an enrollment preference through a weighted lottery to educationally disadvantaged students. For the purposes of this paragraph:

"Educationally disadvantaged students" means students who are economically disadvantaged, students with disabilities, migrant students, limited English proficient students, neglected or delinquent students, and homeless students.

"Weighted lottery" means any lottery that gives additional weight to individual students who are identified as part of a specified set of students but does not reserve or set aside seats for individual students or sets of students; and

(7) May give any other enrollment preference permitted by the charter school's authorizer, on an individual charter school basis, if consistent with law;

provided that nothing in this subsection shall preclude the formation of a start-up charter school whose mission is focused on serving students with disabilities, who are of the same gender, who pose such severe disciplinary problems that they warrant a specific educational program, or who are at a risk of academic failure.

(c) A conversion charter school shall:

(1) Enroll any student who resides within the school's former geographic service area pursuant to section 302A-1143, for the grades that were in place when the department school converted to a charter school; provided that the department may consult with a conversion charter school every three years to determine whether realignment of the charter school's service area is appropriate given population shifts and the department's overall service area reviews; and

(2) Be subject to subsection (b):

(A) For grades that were not in place when the school converted to a public charter school; and

(B) For any seats still available at the charter school after the enrollment of all students desiring to attend the charter school who reside within the school's former geographic service area pursuant to section 302A-1143. [L 2013, c 159, pt of §1; am L 2014, c 99, §23; am L 2015, c 111, §§1, 5 and c 114, §11; am L 2016, c 55, §53 and c 113, §6]
Haw. Rev. Stat. § 304A-1143 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1143
Administration.
Status: in_force

The community college system may plan and administer the construction academy under this [subdivision] with the advice of the workforce development council, the department of education, and the construction industry.
Haw. Rev. Stat. § 304A-602 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-602
Repayment of state higher education loans; collection.
Status: in_force

(a) All loans made under the state higher education loan fund shall bear interest at five per cent simple interest. Repayment of principal and interest charges shall commence nine months after graduation or after a borrower ceases to be enrolled at least half-time in a degree program and shall be paid in periodic installments within a ten-year period. The university may charge late fees and all other reasonable costs for the collection of delinquent loans. The board of regents, upon application by the student and upon a showing of good cause, may defer repayment of the loan and commencement of interest. Liability for repayment of a loan shall be canceled upon the death or permanent total disability of the borrower.

(b) The university may spend out of the state higher education loan fund up to two per cent of the total amount of loans outstanding for collection and administrative expenses. In accordance with chapter 103D, the university may enter into written contracts with collection agencies for the purpose of collecting delinquent student loans. All payments collected, exclusive of a collection agency's commissions, shall revert, and be credited, to the state higher education loan fund.

(c) A collection agency that enters into a written contract with the university for the collection of delinquent student loans, pursuant to this section, may collect a commission from the debtor in accordance with the terms of, and up to the amounts authorized in, the written contract. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-2684 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2684
Powers additional to other powers.
Status: in_force

The powers conferred by this subpart shall be in addition and supplemental to the powers conferred by any other law concerning any university project, university system, or network or any combination thereof, or the issuance of revenue bonds. Revenue bonds may be issued pursuant to this subpart for those purposes notwithstanding that any other law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of a like undertaking or the establishment, maintenance, or extension of a like university project, university system, or network or any combination thereof, or the issuance of revenue bonds, without regard to the requirements, restrictions, limitations, or other provisions contained in any other law. Except as expressly provided in any other law, this subpart shall control.
Haw. Rev. Stat. § 302A-803 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-803
Powers and duties of the board.
Status: in_force

(a) In addition to establishing standards for the issuance and renewal of licenses and certificates and any other powers and duties authorized by law, the board's powers shall also include:

(1) Setting and administering its own budget;

(2) Adopting, amending, or repealing the rules of the board in accordance with chapter 91;

(3) Receiving grants or donations from private foundations, and state and federal funds;

(4) Submitting an annual report to the governor, the legislature, and the board of education on the board's operations and expenditures, and from the 2007-2008 school year, submitting a summary report every five years of the board's accomplishment of objectives, efforts to improve or maintain teacher quality, and efforts to keep its operations responsive and efficient;

(5) Conducting a cyclical review of standards and suggesting revisions for their improvement;

(6) Establishing licensing and certification fees in accordance with chapter 91 and determining the manner by which fees are collected and subsequently deposited into the state treasury and credited to the general fund;

(7) Establishing penalties in accordance with chapter 91;

(8) Issuing, renewing, forfeiting, restoring, conditioning, revoking, suspending, and reinstating licenses and certificates;

(9) Developing criteria for a full career and technical education license, limited to career and technical education teaching assignments, allowing qualified individuals with at least an associate's degree or high school diploma with comparable education and coursework, industry experience, and content expertise to teach;

(10) Reviewing reports from the department and commission on individuals hired on an emergency basis;

(11) Applying licensing and certification standards on a case-by-case basis and conducting licensing and certification evaluations;

(12) Preparing and disseminating teacher licensing and certification information to schools and operational personnel;

(13) Approving teacher preparation programs;

(14) Establishing policies and procedures for approving alternative pathways to teaching;

(15) Administering reciprocity agreements with other states relative to licensing;

(16) Conducting research and development on teacher licensure systems, beginning teacher programs, the assessment of teaching skills, and other related topics;

(17) Participating in efforts relating to teacher quality issues, professional development related to the board's standards, and promotion of high teacher standards and accomplished teaching;

(18) Upon declaration of a state of emergency pursuant to section 127A-14, extending the expiration date of any license, certificate, or permit until June 30 of the following school year;

(19) Adopting applicable rules and procedures;

(20) Adopting, amending, repealing, or suspending the policies and standards of the board; and

(21) Issuing and renewing an optional certificate for those who teach or intend to teach at private schools.

(b) If, in accordance with chapter 92, the board determines, on a case-by-case basis, that extenuating circumstances exist to justify the suspension, the board may temporarily suspend its rules, or any portion thereof. The board shall establish, in accordance with chapter 91, procedures for the suspension of its rules. When determining whether to suspend its rules, the board shall also establish the length of time for which the suspension shall be in effect.

(c) The board, in accordance with chapter 92, may also amend licensing-related and certification-related fees and set or amend other charges related to the performance of its duties.

(d) The board may delegate to its executive director, or other designee, any of its powers and duties as it deems reasonable and proper; provided that the delegation of powers and duties by the board shall be made in accordance with procedures set forth in this subsection. The board shall not delegate its discretionary functions resulting in a final decision in:

(1) Adopting, amending, or repealing rules;

(2) Ordering disciplinary action against a licensee, including license revocation or suspension, or the imposition of conditions or fines; provided that summary suspensions may be delegated; or

(3) Denying permits, licenses, or certificates, including license and certificate renewals and reinstatements, or otherwise conditioning permits, licenses, or certificates unless the denying, or otherwise conditioning of a permit, license, or certificate does not require the exercise of the board's expertise and discretion.

To delegate authority, the concurrence of a majority of the members to which the board is entitled shall be necessary for any action taken by the board to be valid. The board shall conduct its meetings to delegate powers and duties to its executive director, or other designee, in accordance with chapters 91 and 92. [L 1996, c 89, pt of §2; am L 1997, c 195, §2; am L 2000, c 106, §§1, 4; am L 2001, c 312, pt of §10 and §§12, 13 and c 314, §3; am L 2002, c 16, §19 and c 193, §4; am L 2003, c 3, §11; am L 2007, c 263, §§2, 4; am L Sp 2009, c 2, §§3, 5; am L 2010, c 184, §2; am L 2011, c 134, §2; am L 2014, c 39, §5; am L 2019, c 79, §1 and c 161, §1; am L 2020, c 53, §2; am L 2024, c 151, §1]
Haw. Rev. Stat. § 302D-9 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-9
Exclusivity of authorizing functions and rights.
Status: in_force

No governmental or other entity, other than those expressly granted chartering authority as set forth in this chapter, may assume any charter authorizing function or duty in any form, unless expressly allowed by law.
Haw. Rev. Stat. § 302A-1301.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1301.5
[ §302A-1301.
Status: in_force

[ §302A-1301.5] Curricular materials; digital format. Moneys allocated for printed curricular materials may be expended to purchase digital formats of the curricular materials.
Haw. Rev. Stat. § 302D-17 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-17
Ongoing oversight and corrective actions.
Status: in_force

(a) An authorizer shall continually monitor the performance and legal compliance of the public charter schools it oversees, including collecting and analyzing data to support ongoing evaluation according to the charter contract. Every authorizer shall have the authority to conduct or require oversight activities that enable the authorizer to fulfill its responsibilities under this chapter, including conducting appropriate inquiries, financial reviews, audits, and investigations, so long as those activities are consistent with the intent of this chapter and adhere to the terms of the charter contract. Upon the request of its authorizer, each public charter school shall provide to the authorizer full access to its fiscal and accounting books, documents, and files.

(b) Each authorizer shall annually publish and provide, as part of its annual report to the board and the legislature, a performance report for each public charter school it oversees, in accordance with the performance framework set forth in the charter contract and section 302D-16. The authorizer may require each public charter school it oversees to submit an annual report to assist the authorizer in gathering complete information about each school. The annual report may include the status of the charter school's compliance with annual performance targets, as determined by the charter contract.

(c) In the event that a public charter school's performance or legal compliance appears unsatisfactory, the authorizer shall promptly notify the public charter school of the perceived problem and provide reasonable opportunity for the charter school to remedy the problem, unless the problem warrants revocation in which case the revocation time frames set forth in section 302D-18 shall apply.

(d) Notwithstanding section 302D-18 to the contrary, every authorizer shall have the authority to take appropriate corrective actions or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance. Such actions or sanctions may include, if warranted:

(1) Requiring a school to develop and execute a corrective action plan within a specified time frame; and

(2) Reconstituting the governing board of the charter school; provided that the following conditions are met:

(A) Reconstitution occurs only under exigent circumstances, including the following:

(i) Unlawful or unethical conduct by governing board members;

(ii) Unlawful or unethical conduct by the charter school's personnel that raises serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities; and

(iii) Other circumstances that raise serious doubts about the governing board's ability to fulfill its statutory, contractual, or fiduciary responsibilities;

(B) The authorizer shall replace up to, but no more than, the number of governing board members necessary so that the newly appointed members constitute a voting majority in accordance with the governing board's bylaws; except that the authorizer may replace the entire governing board if the alternative is the initiation of revocation of the charter school's charter contract and the governing board opts instead for reconstitution; and

(C) Reconstitution occurs in accordance with processes set forth by the authorizer that provide the charter school's personnel and parents with timely notification of the prospect of reconstitution.

(e) The authorizer shall have the authority to direct the governing board and the charter school to take appropriate action to immediately address serious health and safety issues that may exist at a charter school in order to ensure the health and safety of students and employees or mitigate significant liability to the State.

The board shall have the authority to direct the authorizer to take appropriate action to immediately address serious health and safety issues that may exist at a charter school in order to ensure the health and safety of students and employees and mitigate significant liability to the State. [L 2012, c 130, pt of §2; am L 2014, c 99, §12; am L 2015, c 114, §7; am L 2019, c 269, §2]
Haw. Rev. Stat. § 304A-104.6 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-104.6
Candidate advisory council for the board of regents of the University of Hawaii.
Status: in_force

(a) The candidate advisory council for the board of regents of the University of Hawaii shall recruit, evaluate, and present to the governor qualified candidates for nomination to a vacant seat on the board of regents. The candidate advisory council shall be attached to the University of Hawaii for administrative purposes.

(b) The candidate advisory council shall:

(1) Develop and implement a fair and independent procedure for evaluating candidates to serve on the board of regents;

(2) Require candidates and members of their immediate families to disclose any existing or anticipated contracts or financial transactions with the University of Hawaii;

(3) Actively solicit and accept applications from potential candidates;

(4) Evaluate candidates for the board of regents on their background, experience, and potential for discharging the responsibilities of a member of the board of regents, based upon the qualifications imposed by the Hawaii State Constitution; and

(5) Present a list of at least three candidates to the governor for nomination and appointment for each vacant seat on the board of regents of the University of Hawaii.

(c) The candidate advisory council shall initiate the recruitment and evaluation of candidates for each vacancy on the board of regents within:

(1) Sixty days of a vacancy; or

(2) At least one hundred twenty days prior to the expiration of a regent's term.

(d) To provide continuity for the board of regents, the governor may recommend to the candidate advisory council the reappointment of a member of the board of regents, subject to the advice and consent of the senate.

(e) The candidate advisory council shall consist of seven voting members to be appointed without regard to section 26-34 as follows:

(1) One member who shall be appointed by the president of the senate;

(2) One member who shall be appointed by the speaker of the house of representatives; and

(3) Five members who shall be appointed by the governor.

A member of the Association of Emeritus Regents of the University of Hawaii, appointed by the chair of the Association of Emeritus Regents of the University of Hawaii, shall serve as an ex officio, nonvoting member of the candidate advisory council, for a term not to exceed two years; provided that the appointment shall run concurrently with the term of the appointing chair.

The president of the senate, speaker of the house of representatives, and governor are encouraged to appoint full-time students of the university, university faculty, university staff, or university alumni to the candidate advisory council; provided that if a full-time student is appointed to the candidate advisory council, the student shall have been enrolled as a full-time student for at least three consecutive semesters and shall serve for a term of two years.

(f) Voting members of the candidate advisory council shall serve for the following terms:

(1) Those appointed by the president of the senate and speaker of the house of representatives shall serve for a term of four years; and

(2) Those appointed by the governor shall serve for a term of four years; provided that such appointments shall run concurrently with the term of the appointing governor.

(g) Appointees to the candidate advisory council shall have a general understanding of the purposes of higher education, the mission and strategic goals of the University of Hawaii system, and the role and responsibilities of the board of regents. Appointees shall be individuals who are widely viewed as having placed the broad public interest ahead of special interests, are respected by the community, and are highly qualified to recruit and evaluate candidates for the governor's consideration.

(h) Any member of the candidate advisory council whose term has expired may continue in office as a holdover member until a successor is appointed; provided that a holdover member shall not hold office for more than six months following the expiration of the member's term of office.

(i) A vacancy occurring in the membership of the candidate advisory council during a term shall be filled for the remainder of the unexpired term thereof by the appointing authority who appointed the member who creates the vacancy.

(j) The candidate advisory council shall operate in a wholly nonpartisan manner. No member of the candidate advisory council shall run for or hold any elected office of the State or any of its political subdivisions while serving on the candidate advisory council. A member of the candidate advisory council shall resign from the candidate advisory council prior to filing nomination papers for an elected office of the State or any of its political subdivisions.

(k) The chairperson of the candidate advisory council shall be elected by a majority of the voting members of the candidate advisory council. A majority of the members to which the candidate advisory council is entitled shall constitute a quorum to conduct business. The concurrence of a majority of the voting members of the candidate advisory council shall be necessary to make any action of the candidate advisory council valid. The candidate advisory council shall meet annually and at other times as necessary. The candidate advisory council shall be exempt from part I of chapter 92.

(l) Members of the candidate advisory council shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 2013, c 72, §2]
Haw. Rev. Stat. § 303-3 — HI Code / Division 1 / Title 18 / Chapter 303 / Section 303-3
Withholding.
Status: in_force

(a) The department of education and the University of Hawaii may also enter into an agreement under which the employer shall withhold from the salary of the employee the amount of the premiums payable on account of the annuity contract, and shall make such premium payments on behalf of the employee. The department of education and the University of Hawaii may contract with third parties to administer plans to ensure compliance with the Internal Revenue Code of 1986, as amended, state and federal laws, and for the withholding of amounts from the salaries of their employees payable on account of annuity contracts and for making payments on their behalf. Costs for implementing and administering these plans for the University of Hawaii shall be borne by the employees or service providers maintaining annuity contracts, as determined by the University of Hawaii. Costs for implementing and administering these plans for the department of education shall be borne by the insurance service providers offering the annuity products, or the annuity entity selling or maintaining the annuity contracts on behalf of the employees of the department of education.

(b) The University of Hawaii and after December 31, 2003, the department of education may also enter into an agreement under which the employer shall withhold from the salary of the employee the amount payable on account of the custodial account, and shall make the payments on behalf of the employee. The University of Hawaii and the department of education may contract with third parties to administer plans to ensure compliance with the Internal Revenue Code of 1986, as amended, state and federal laws and, for the withholding of amounts from the salaries of their employees payable on account of custodial accounts and for making payments on their behalf. Costs for implementing and administering the plan for the University of Hawaii shall be borne by the employees or service providers maintaining custodial accounts as determined by the University of Hawaii. Costs for implementing and administering the plan for the department of education shall be borne by the custodial service provider offering the custodial account product, or the custodial entity selling or maintaining the custodial accounts on behalf of employees of the department of education. [L 1967, c 40, pt of §1; HRS §303-3; am L 1999, c 123, §2(4); am L 2001, c 186, §2]
Haw. Rev. Stat. § 304A-2253 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2253
Research and training revolving fund.
Status: in_force

(a) There is established a University of Hawaii research and training revolving fund into which shall be deposited one hundred per cent of the total amount of indirect overhead revenues generated by the university from research and training programs. The board of regents is authorized to expend one hundred per cent of the revenues deposited in the fund for:

(1) Research and training purposes that may result in additional research and training grants and contracts;

(2) Facilitating research and training at the university; and

(3) Further deposit into the discoveries and inventions special fund.

(b) The annual report required to be made for this revolving fund shall include but not be limited to a breakdown of travel expenses.

(c) Notwithstanding section 304A-107 to the contrary, the board of regents, or its designee, may establish a separate account within the research and training revolving fund for the purpose of providing advance funding to meet reimbursable costs incurred in connection with federally financed research and training projects. Any reimbursement received as a result of providing advance funding shall be deposited into the research and training revolving fund to be used for the purpose of meeting reimbursable costs incurred in connection with federally financed projects.

(d) Revenues deposited into the fund shall not be used as a basis for reducing any current or future budget request or allotment to the university unless the university requests such a reduction. [L 2006, c 75, pt of §2; am L 2011, c 124, §5; am L 2015, c 106, §11]
Haw. Rev. Stat. § 304A-1893.1 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1893.1
Periodic evaluation.
Status: in_force

(a) Evaluations shall be conducted of the projects and activities funded by the energy systems development special fund. Using objective criteria, the evaluation shall assess the degree to which the projects and activities comport with and achieve the stated objectives of the energy systems development special fund pursuant to section 304A-2169.1.

(b) The initial evaluation shall be conducted beginning July 1, 2017, and every three years thereafter by a two-person panel of independent energy and environmental technical experts who shall be appointed by the University of Hawaii office of the vice president for research and innovation. The panel shall submit a report of the findings and recommendations of each evaluation to the legislature no later than twenty days prior to the convening of the following regular session. The Hawaii natural energy institute shall cooperate with and provide support to the evaluation panel. [L 2014, c 107, pt of §1; am L 2017, c 15, §2]
Haw. Rev. Stat. § 302A-634 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-634
§§302A-634 and 302A-635 REPEALED.
Status: repealed

§§302A-634 and 302A-635 REPEALED. L 2000, c 253, §§139, 140.
Haw. Rev. Stat. § 304A-2271 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2271
Renumbered as §304A-2178.
Status: in_force

§304A-2271 Renumbered as §304A-2178.
Haw. Rev. Stat. § 303-3.5 — HI Code / Division 1 / Title 18 / Chapter 303 / Section 303-3.5
Limitation on liability.
Status: in_force

The University of Hawaii, department of education, and the State of Hawaii shall not be held liable for the sums deferred or the results of any investment product.
Haw. Rev. Stat. § 302A-1607 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1607
REPEALED.
Status: in_force

L 2025, c 268, §9. [Reenactment on July 1, 2029. L 2025, c 268, §14.]
Haw. Rev. Stat. § 309H-2 — HI Code / Division 1 / Title 18 / Chapter 309H / Section 309H-2
Hawaii health corps program established.
Status: in_force

The Hawaii health corps program is established to encourage physicians, physicians assistants, and nurse practitioners to serve in counties having a shortage of physicians, physician assistants, and nurse practitioners, with priority given to a rural area county. The Hawaii health corps program shall be administered by the University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene. In administering the program, the University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene shall:

(1) Adopt rules and develop guidelines to administer the program;

(2) Identify and designate areas of the counties where there is a shortage of physicians, physician assistants, and nurse practitioners;

(3) Establish criteria for the selection by the University of Hawaii John A. Burns school of medicine of physicians, physician assistants, and nurse practitioners to participate in the Hawaii rural health care provider loan repayment program;

(4) Define and determine compliance with the service commitments of the Hawaii rural health care provider loan repayment program;

(5) Collect and manage reimbursements from participants who do not meet their service commitments under the Hawaii rural health care provider loan repayment program;

(6) Publicize the program, particularly to maximize participation by individuals who live in areas of a county where there is a shortage of physicians, physician assistants, and nurse practitioners;

(7) Solicit and accept grants and donations from public and private sources for the Hawaii rural health care provider loan repayment program, including maximizing the use of federal matching funds; and

(8) Establish criteria and procedures for calling Hawaii health corps program participants into service during an emergency or disaster. [L 2012, c 187, pt of §2; am L 2014, c 111, §12]
Haw. Rev. Stat. § 304A-2153 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2153
University of Hawaii tuition and fees special fund.
Status: in_force

(a) There is established the university of Hawaii tuition and fees special fund into which shall be deposited all revenue collected by the university for regular, summer, and continuing education credit tuition, tuition-related course and fee charges, and any other charges to students, except as provided by law. Moneys deposited into the fund shall be expended to maintain or improve the university's programs and operations and shall not be:

(1) Used as a justification for reducing any budget request or allotment to the university unless the university requests such a reduction;

(2) Transferred unless otherwise authorized by the legislature; and

(3) Restricted by the governor or the director of finance without the prior approval of the legislature.

Any rule, policy, or action of any agency or individual in contravention of this subsection shall be void as against public policy.

(b) Any law to the contrary notwithstanding, the board of regents may authorize expenditures of up to $3,000,000 annually, excluding in-kind services, from this fund for the purposes of promoting alumni relations and generating private donations for deposit into the University of Hawaii Foundation for the purposes of the university. Any expenditure authorized pursuant to this subsection shall be for a public purpose and shall not be subject to chapters 42F, 103, 103D, and 103F. The university shall submit a comprehensive report to the legislature detailing the use of any funds authorized by the board under this subsection no later than twenty days prior to the convening of each regular session.

The report shall:

(1) Identify each department of the University of Hawaii Foundation supported by moneys from the fund;

(2) Describe the purposes and activities of each department identified in paragraph (1) and how it participates in fundraising activities and benefits the university;

(3) Provide the total expenditures of each department identified in paragraph (1) by primary expense categories;

(4) Identify all moneys from the fund transferred to any fund of the university and provide a justification of how these moneys are used to benefit the university;

(5) Provide a financial summary of the operating activities of the University of Hawaii Foundation, including revenues and expenditures by major reporting categories; and

(6) Identify amounts and purposes of all expenditures from the university of Hawaii support fund.

(c) Any law to the contrary notwithstanding, the university may transfer funds from the university of Hawaii tuition and fees special fund into the scholarship and assistance special fund established pursuant to section 304A-2159.

(d) Any law to the contrary notwithstanding, the board of regents may authorize expenditures of up to $3,000,000 annually, excluding in-kind services, from the university of Hawaii tuition and fees special fund for the purposes of providing student aid in direct response to an emergency or a disaster, as declared by the governor. The university shall submit a comprehensive report to the legislature detailing the use of any funds authorized by the board under this subsection no later than twenty days prior to the convening of each regular session.

(e) In estimating its quarterly budget requirements, each campus of the university of Hawaii shall prepare a plan for the fiscal year for the operation of each of the programs that it is responsible for administering. The operations plan shall be:

(1) In such form and content as the vice president for budget and finance and chief financial officer of the university of Hawaii may prescribe; and

(2) Submitted, together with the estimated quarterly budget requirements, to the vice president for budget and finance and chief financial officer on such date as the vice president for budget and finance and chief financial officer may prescribe.

(f) The president and vice president for budget and finance and chief financial officer of the university of Hawaii:

(1) Shall review the operations plan for each campus to determine if:

(A) It is consistent with the policy decisions of the board of regents and appropriations by the legislature;

(B) It reflects proper planning and efficient management methods; and

(C) Appropriations have been made for the planned purpose and will not be exhausted before the end of the fiscal year;

(2) Shall approve the operations plan for each campus if they determine that the operations plan meets the requirements of paragraph (1); and

(3) May modify or withhold the planned expenditures of any campus at any time during the appropriations period.

(g) At the end of each fiscal year, the moneys in the university of Hawaii tuition and fees special fund for each campus shall lapse to the credit of program identification number UOH900 (university of Hawaii, system wide support). [L 2006, c 75, pt of §2; am L 2015, c 236, §1 ; am L 2025, c 85, §2]
Haw. Rev. Stat. § 309H-4 — HI Code / Division 1 / Title 18 / Chapter 309H / Section 309H-4
Hawaii health corps first responder service obligation.
Status: in_force

If an emergency or disaster proclaimed under chapter 127A occurs, physicians, physician assistants, and nurse practitioners participating in the Hawaii health corps program may be ordered into service by the governor as first responders to serve in areas of the State and in a capacity determined by the director of health.
Haw. Rev. Stat. § 302A-834 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-834
[ §302A-834] Annual statements.
Status: in_force

[ §302A-834] Annual statements. The department of education shall annually prepare for the director of human services and the director of finance a full, detailed description and financial statement of the planning, construction, repair, maintenance, and operation of teachers' housing.
Haw. Rev. Stat. § 302A-1133 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1133
Emergency measures.
Status: in_force

The department of health may implement emergency measures to refuse, modify, or limit attendance at any school in the State pursuant to section 321-1 if it is determined that there is imminent danger of an epidemic or serious outbreak of communicable disease.
Haw. Rev. Stat. § 302A-442.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-442.5
Instructional materials; exceptional children.
Status: in_force

(a) Whenever used in this section, unless a different meaning clearly appears from the context:

"Accessible format" has the same meaning as in section 121(d)(1) of the Copyright Act of 1976 (17 U.S.C. 121(d)(1)), as amended.

"Accessible instructional materials" means print instructional materials provided to eligible students in the accessible format most appropriate to the needs of each eligible student.

"Assistive technology device" has the same meaning as in section 602(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(1)), as amended.

"Assistive technology service" has the same meaning as in section 602(2) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(2)), as amended.

"Braille" means the system of reading and writing through touch commonly known as standard English braille.

"Eligible student" means an elementary or secondary school student who:

(1) Is eligible for services under the Individuals with Disabilities Education Act, as amended;

(2) Is approved as an eligible person, as defined in section 121(d)(3) of the Copyright Act of 1976 (17 U.S.C. 121(d)(3)), as amended; and

(3) Attends a department school, a private school under chapter 302C, a public charter school under chapter 302D, or an approved alternative education program under section 302A-1132(a)(5).

"National Instructional Materials Access Center" means the center established pursuant to section 674(e) of the Individuals with Disabilities Education Act (20 U.S.C. 1474(e)), as amended.

"National Instructional Materials Accessibility Standard" has the same meaning as in section 674(e)(3)(B) of the Individuals with Disabilities Education Act (20 U.S.C. 1474(e)(3)(B)), as amended.

"Print instructional materials" means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction by students in the classroom, including:

(1) Digital instructional materials obtained in an appropriate accessible format for an eligible student; or

(2) Materials that can be provided by the National Instructional Materials Access Center in a valid National Instructional Materials Accessibility format.

"Technology mediated instruction" means learning that is aided or entirely accomplished through the use of computer-based technology.

(b) In accordance with section 612(a)(23) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(23)), as amended, the State adopts the United States Secretary of Education's National Instructional Materials Accessibility Standard as in effect on July 7, 2023, and as may be subsequently revised. The department shall coordinate with the National Instructional Materials Access Center to obtain the benefits of this service.

(c) The department, as part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, including digital materials, shall obtain instructional materials from the publisher or other source that are in, or can be rendered in, the appropriate accessible format for the eligible student using the instructional material; provided that:

(1) If the needed instructional materials cannot be obtained in the eligible student's appropriate accessible format, the department may enter into a written contract with the publisher of the print instructional materials to require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the National Instructional Materials Access Center electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard; or

(2) If the needed instructional materials cannot be obtained in the eligible student's appropriate accessible format due to being new or innovative start-up instructional materials or a Hawaii-based publisher, the department may purchase materials as a pilot for up to one calendar year.

(d) The department shall obtain accessible instructional materials for eligible students attending any department school and, to the maximum extent allowed, assist any private school under chapter 302C, public charter school under chapter 302D, or eligible student enrolled in an approved alternative education program pursuant to section 302A-1132(a)(5), to obtain instructional materials in accessible formats when the department receives a request from the school or program; provided that the department shall not be liable for the expense of any instructional materials obtained other than the expense for instructional materials obtained for eligible students attending department schools.

(e) Each eligible student shall receive accessible instructional materials without regard to whether the accessible instructional materials have been purchased in accordance with subsection (c). Eligible students shall receive accessible instructional materials at the same time the corresponding print instructional materials are provided to all other students in the classroom, including any assistive technology device and assistive technology service to be provided in advance and needed for the eligible student to use the accessible instructional materials.

(f) Technology shall be provided to each eligible student receiving technology mediated instruction, including any assistive technology device and assistive technology service needed for the technology to be accessible to and usable by the eligible student.

(g) The individualized education program for an eligible student shall:

(1) Contain information sufficient to document approval of the student as an eligible person, as defined in section 121(d)(3) of the Copyright Act of 1976 (17 U.S.C. 121(d)(3)), as amended;

(2) Identify:

(A) The print instructional materials to be used by the students without disabilities;

(B) All accessible formats of the instructional materials; and

(C) The services and instruction to be provided to convert the print instructional materials into accessible instructional materials and enable the eligible student to use the instructional materials in one or more accessible formats usable by the eligible student;

(3) Specify the supplementary aids and services the individualized education program reasonably anticipates the eligible student will need to receive for the duration of the individualized education program for reasonable access to classroom materials and media not identified in paragraph (2)(A);

(4) If the eligible student is blind and receiving instruction in braille or the use of braille, ensure that instructional materials are provided in braille and may be used by the eligible student in addition to other accessible formats available;

(5) List any assistive technology device and assistive technology service needed for the eligible student to use accessible instructional materials and technology mediated instruction, including timely and appropriate instruction to enable the eligible student to use the technology to access age-appropriate content independently;

(6) Ensure that any assistive technology device or assistive technology service used for accessible instructional materials is available for use by the eligible student in school, at home, and in other settings to the same extent that print instructional materials are available to other students; and

(7) Identify and provide technology to be used by an eligible student when receiving technology mediated instruction, including any assistive technology device and assistive technology service needed for the technology to be accessible to and usable by the eligible student. [L 2002, c 193, §7; am L 2004, c 220, §3; am L 2023, c 254, §2]

Revision Note

"July 7, 2023" substituted for "the effective date of Act [254], Session Laws of Hawaii 2023" pursuant to §23G-15.
Haw. Rev. Stat. § 304A-2679 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2679
Pledge of revenue of the university.
Status: in_force

The resolution authorizing the issuance of revenue bonds may pledge to the payment thereof all or any part of the revenue of the university, and the pledge shall constitute a lien on revenue of the university to the extent and in the manner provided in the resolution prior and paramount to any claim or other obligation of any nature against the revenue of the university so pledged subsequently arising or incurred. The board may provide in the resolution that all revenue bonds of the same issue be equally and ratably secured without priority by reason of number, date, or maturity of the bonds, date of sale, execution, or delivery thereof. Any pledge of revenue of the university contained in any resolution adopted under this subpart shall be valid from and after the adoption of the resolution without physical delivery of the revenue of the university pledged or the necessity of any further action by the State or the board, or any officer or agent of the State or the board.
Haw. Rev. Stat. § 302A-407.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-407.5
School bus fare revolving fund.
Status: in_force

(a) There is established in the state treasury the school bus fare revolving fund, into which shall be deposited all moneys received from students and parents or guardians of students by public schools for state-provided school busing services, as authorized by section 302A-406.

(b) Except as otherwise provided by the legislature, moneys in the school bus fare revolving fund shall be used for school busing services, as authorized by section 302A-406. [L 2002, c 108, §2]
Haw. Rev. Stat. § 302A-1137 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1137
Attendance records; availability to authorized police officers.
Status: in_force

Dates of attendance of a student shall be made available to authorized police officers upon request.
Haw. Rev. Stat. § 315-1 — HI Code / Division 1 / Title 18 / Chapter 315 / Section 315-1
Enactment of agreement.
Status: in_force

The Interstate Agreement on Qualifications of Educational Personnel as contained herein is hereby enacted into law and entered into on behalf of the State of Hawaii with any and all other States (as defined in the Agreement) legally enacting the Agreement in the form substantially as follows:

INTERSTATE AGREEMENT ON QUALIFICATION

OF EDUCATIONAL PERSONNEL

ARTICLE I

PURPOSE, FINDINGS, AND POLICY

1. The States party to this Agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this Agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the States party to it, and to authorize specific interstate educational personnel contracts to achieve that end.

2. The party States find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from State to State in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other States. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their States of origin, can increase the available educational resources. Participation in this Compact can increase the availability of educational manpower.

ARTICLE II
Haw. Rev. Stat. § 302A-1102 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1102
Department of education; statewide administrative services.
Status: in_force

The department shall serve as the central support system responsible for the overall administration of statewide educational policy, interpretation, and development of standards for compliance with state and federal laws, and coordination and preparation of a systemwide budget for the public schools.
Haw. Rev. Stat. § 304A-2689 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2689
Annual report.
Status: in_force

The University of Hawaii shall submit a report to the legislature, no later than twenty days prior to the convening of each regular session, of all revenue bonds issued pursuant to this subpart. The report shall provide a summary of all revenue bonds issued pursuant to this subpart during the preceding fiscal year.
Haw. Rev. Stat. § 302A-1134.6 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1134.6
Zero tolerance policy.
Status: in_force

(a) Any child who possesses, sells, or uses a dangerous weapon or switchblade knife, while attending school or while attending department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals designated pursuant to rules adopted by the board.

(b) Except as provided in subsection (f), any child who possesses, sells, consumes, or uses intoxicating liquor or illegal drugs, while attending school or while attending department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals designated pursuant to rules adopted by the board.

(c) Except as provided in subsection (f), any child who reasonably appears to have consumed or used intoxicating liquor or illegal drugs prior to attending school or attending department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals designated pursuant to rules adopted by the board.

(d) In any case of exclusion from school, the due process procedures as set forth in the provisions of Hawaii administrative rules relating to student discipline shall apply.

(e) If a child is excluded from attending school for more than ten days, the superintendent or the superintendent's designee shall ensure that substitute educational activities or other appropriate assistance are provided, such as referral for appropriate intervention and treatment services, as determined by the principal in consultation with the appropriate school staff.

(f) A child determined to be in violation of subsection (b) or (c) shall be subject to the department's disciplinary rules; provided that:

(1) The school shall administer a screening tool approved by the department to determine whether there is a need for the child to be referred for a substance abuse assessment;

(2) The child shall be allowed to return to school earlier than the department's original disciplinary determination; provided that the child gives the school evidence of the following:

(A) A substance abuse assessment has been completed; and

(B) The child is progressing toward clinical discharge from any substance abuse treatment or substance abuse counseling recommended by the substance abuse assessment;

(3) If the substance abuse assessment finds that the child does not need substance abuse treatment or substance abuse counseling, the school may allow the child to return to school earlier than originally indicated; provided that:

(A) The child provides a certified copy of the assessment; and

(B) The child's parent or legal guardian consents to the child and the child's family receiving follow-up counseling or other student support services to be provided by the department.

In determining whether to allow the child to return to school early, the school administrator shall review and determine the nature and severity of the offense, the impact of the offense on others, the age of the offender, and whether the offender is a repeat offender; and

(4) For the child's first violation of subsection (b) or (c), if the child provides evidence of clinical discharge from the substance abuse treatment program or substance abuse counseling, all records of disciplinary action relating to the original offense shall be expunged. For the purposes of this paragraph, "expunged" means the records of substance abuse assessment shall be segregated and kept confidential but shall be destroyed upon graduation of the child.

(g) For purposes of this section:

"Dangerous weapon" means a dirk, dagger, butterfly knife, blackjack, slug shot, billy, metal knuckles, or other instrument whose sole design and purpose is to inflict bodily injury or death; provided that firearms are excluded from this definition.

"Illegal drugs" means the possession, distribution, ingestion, manufacture, sale, or delivery of substances which are prohibited under chapter 329 and chapter 712, part IV.

"Switchblade knife" is as defined in section 134-52.

(h) The board of education shall adopt rules in accordance with chapter 91 to implement this section. [L 2000, c 274, §§2, 4; am L 2004, c 44, §14; am L 2005, c 213, §§2, 5; am L 2006, c 205, §4(1), (2)]
Haw. Rev. Stat. § 304A-3356 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3356
Pacific international space center for exploration systems special fund.
Status: in_force

(a) There is established in the state treasury the Pacific international space center for exploration systems special fund, into which shall be deposited:

(1) Revenues, moneys, and fees from services, rentals, publications, royalties, and patents generated under this subpart;

(2) Gifts, donations, and grants received by the space center; and

(3) Proceeds from revenue bonds issued by the director of finance.

(b) Moneys in the special fund shall be used by the space center for the operation, maintenance, and management of its projects, facilities, services, and publications and for the design and construction of new facilities and the renovation of or addition to existing facilities.

(c) All moneys remaining in the Pacific international space center for exploration systems special fund at the close of each fiscal year that are deemed by the director of finance to be in excess of the moneys necessary to carry out the purposes of this section in the next fiscal year shall lapse to the credit of the general fund. [L Sp 2021, c 1, pt of §1]
Haw. Rev. Stat. § 304A-122 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-122
Smoking and tobacco use prohibited; University of Hawaii premises.
Status: in_force

(a) Notwithstanding chapter 328J to the contrary, the University of Hawaii shall prohibit smoking and tobacco use by any person on University of Hawaii premises, to the extent that such a prohibition is not prohibited by federal law. Mere possession or storage of a cigarette, tobacco product, or electronic smoking device for use outside the University of Hawaii premises shall not constitute a violation under this section.

(b) The University of Hawaii shall be responsible for educating students, employees, and visitors about the smoking and tobacco use prohibitions under this section. Clearly legible signs shall be prominently displayed at all entrances to the premises and at other conspicuous outdoor locations throughout the premises and shall state that smoking, including the use of electronic smoking devices, and tobacco use, are prohibited by law.

(c) As used in this section:

"Cigarette" has the same meaning as in section 486P-1.

"Electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or related product, whether or not sold separately.

"Premises" means all indoor and outdoor areas within property owned or controlled by the University of Hawaii or for which the university is otherwise responsible.

"Smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. "Smoking" includes the use of an electronic smoking device.

"Tobacco product" means any product made or derived from tobacco that contains nicotine or other substances, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including but not limited to a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

"Tobacco use" means the personal use of any tobacco product, including the use of smokeless tobacco. [L 2018, c 160, §2]
Haw. Rev. Stat. § 304A-108 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-108
Suits.
Status: in_force

(a) The university may sue and be sued in its corporate name. Notwithstanding any other law to the contrary, all claims arising out of the acts or omissions of the university or the members of its board of regents, its officers, or its employees, including claims permitted against the State under chapter 661, part I, and claims for torts permitted against the State under chapter 662, may be brought only pursuant to this section and only against the university. However, the university shall be subject to suit only in the manner provided for suits against the State, including section 661-11, and any liability incurred by the university in such a suit shall be solely the liability of the university, shall be payable solely from the moneys and property of the university, and shall not constitute a general obligation of the State or be secured directly or indirectly by the full faith and credit of the State or the general credit of the State or by any revenue or taxes of the State. All defenses available to the State, as well as all limitations on actions against the State, shall be applicable to the university.

(b) The board of regents, upon the advice of its attorney, may arbitrate, compromise, or settle any claim, action, or suit brought against the university pursuant to this section. Any claim compromised or settled under this subsection shall be payable solely from the moneys and property of the university and shall not constitute a general obligation of the State or be secured directly or indirectly by the full faith and credit of the State or the general credit of the State or by any revenue or taxes of the State. Nothing in this subsection precludes the board of regents from requesting and securing legislative appropriations to fund the settlement of any such claim or judgment against the university or its regents, officers, employees, or agents.

(c) Rights and remedies conferred by this section shall be exclusive and shall not be construed to authorize any other claim, suit, or action against the State. In addition, a judgment, compromise, or settlement in an action brought against the university under this section shall constitute a complete bar to any action brought by the claimant, by reason of the same subject matter, against the State or an officer or employee of the university.

(d) The university may purchase insurance to cover any claims anticipated under this section or section 46-71.5. [L 2006, c 75, pt of §2; am L 2018, c 103, §3]
Haw. Rev. Stat. § 304A-1402 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1402
School of nursing and dental hygiene; functions.
Status: in_force

The school of nursing and dental hygiene shall conduct a complete course in nursing leading to the conferring of an appropriate bachelor's degree upon graduation therefrom and sufficient to qualify its graduates as registered nurses. The curriculum of the school of nursing and dental hygiene shall be such as the board of regents may approve and may include subjects outside of the field of nursing as may be deemed consonant with the requirements of a university education and clinical training and practice in hospitals and similar institutions.
Haw. Rev. Stat. § 309-4 — HI Code / Division 1 / Title 18 / Chapter 309 / Section 309-4
Rules and regulations.
Status: in_force

The department of budget and finance is authorized to establish rules and regulations relating to the participation of eligible institutions as defined in Public Law 89-329 and Public Law 89-287 or similar federal laws, allocation of available loan funds among the several participating eligible institutions, definition of necessary terms, and other matters relating to the program.
Haw. Rev. Stat. § 302A-1153 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1153
Vandalism damage to public school property.
Status: in_force

(a) Any pupil found to be responsible for an act of vandalism against any public school, building, facility, or ground shall make restitution in any manner, including monetary restitution by the pupil or pupil's parents, or guardian, or both.

This section shall be in addition to, and shall in no way limit the provisions of any other law concerning, offenses against property rights.

(b) No pupil, parent, or guardian shall be required to make restitution in any manner unless the pupil and the parents or guardian have been notified and have been given an opportunity to be heard, on any report of vandalism involving the pupil, and the pupil, parent, or guardian have executed a written agreement to make restitution.

(c) The principal of the school in which the vandalism occurred shall make or order an investigation of the vandalism. If after the investigation, the principal has reasonable cause to believe that a specific pupil is responsible for the vandalism, the principal shall schedule a conference with the pupil and the pupil's parents or guardian. Except for the principal of the school in which the vandalism occurred, the pupil and the parents or guardian, no other person shall be permitted to be in the conference for any reason.

(d) At the conference, the principal of the school in which the vandalism occurred shall present the findings of the investigation and the requirements of restitution to the pupil and parents or guardian.

If the pupil and the parents or guardian agree with the findings of the principal and the manner in which restitution is to be made, the principal and the pupil and parent or guardian shall execute a written agreement which shall specify the manner in which restitution is to be made.

Agreements shall be made only for damages that do not exceed $3,500.

If restitution is made in this fashion, then no information about the investigation, conference, and the actions taken shall be communicated to any person not directly involved in the proceedings.

If the pupil and parent or guardian do not agree with the findings made by the principal, the principal shall report the findings, including all the records and documents regarding the investigation and conference, to the complex area superintendent, who shall review the findings and may refer the matter to the attorney general for any further action pursuant to section 577-3.

(e) If the damages exceed $3,500, the principal shall report the matter to the complex area superintendent, who shall refer the matter to the attorney general for any further action pursuant to section 577-3.

(f) Notwithstanding any provisions in this section to the contrary, the State may elect to bring any appropriate action for the recovery of all damages to school properties. Nothing in this section shall limit the right of the State to bring an action against any person to recover these damages. [L 1996, c 89, pt of §2; am L 2003, c 187, §11]
Haw. Rev. Stat. § 304A-2002 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2002
Budget request computation; reporting of exempt fees of scholarship holders.
Status: in_force

In computing its budget requests, the board of regents shall not show amounts of tuition and registration fees from which holders of scholarships are exempted. These amounts shall be reported for information purposes to the department of budget and finance but shall not be included in the statement of university income.
Haw. Rev. Stat. § 302A-409 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-409
§§302A-409 and 302A-410 REPEALED.
Status: repealed

§§302A-409 and 302A-410 REPEALED. L Sp 2008, c 14, §§3, 4.
Haw. Rev. Stat. § 304A-1968 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1968
Construction of subpart.
Status: in_force

(a) Other state laws, including without limitation the state code of ethics, shall be applied and construed on balance in recognition of the public benefits created and state interests advanced by the activities conducted by the University of Hawaii pursuant to this subpart.

(b) Notwithstanding subsection (a), the University of Hawaii shall not sponsor, enter into, or continue to engage in activities conducted pursuant to this subpart with a private person in which an employee of the University of Hawaii has a conflict of interest as provided in section 84-14, including a financial interest, irrespective of whether the State benefits from the activities; provided that the prohibition under this subsection shall not apply if:

(1) The activities with the private person transform the products of the University of Hawaii's research and instructional activities into viable economic enterprises;

(2) The State stands to benefit from the activities with the private person;

(3) The activities with the private person comply with the regulatory framework and research compliance program and policies approved by the board of regents of the University of Hawaii;

(4) The employee's conflict of interest is disclosed at the time of the proposal, and the proposals and binding agreements for each of the activities with the private person are reviewed by the state ethics commission to assure compliance with ethics laws;

(5) Any changes to the terms and conditions of the activities are reported to the state ethics commission;

(6) The employee with the conflict of interest does not:

(A) Take official action affecting the activities with the private person; or

(B) Directly or indirectly supervise an employee who takes official action affecting the activities with the private person; and

(7) During the term of the activities with the private person, the following employees file annually with the state ethics commission a disclosure of financial interests pursuant to section 84-17:

(A) Employees who have a conflict of interest as provided in section 84-14, including a financial interest, in the private person;

(B) Employees who [take] official action affecting the activities with the private person; and

(C) Employees who directly or indirectly supervise an employee who takes official action affecting the activities with the private person.

(c) Notwithstanding subsection (a), any activities conducted by the University of Hawaii pursuant to this subpart in violation of subsection (b) is voidable under section 84-16; provided that this subsection and subsection (b) shall not apply to contracts entered into or extended by the University of Hawaii prior to January 1, 2022, for activities conducted by the University of Hawaii pursuant to this subpart.

(d) The University of Hawaii shall file annually with the state ethics commission a disclosure, including its conflict of interest management plan, of any conflict of interest of any employee relating to its activities conducted pursuant to this subpart.

(e) As used in this section, "person" means any individual, firm, association, organization, sole proprietorship, partnership, company, corporation, joint venture, trust, or any other form of business or legal entity or group of individuals. [L Sp 2021, c 8, pt of §10, §16; am L 2024, c 116, §1]
Haw. Rev. Stat. § 302D-3.5 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-3.5
[ §302D-3.
Status: in_force

[ §302D-3.5] Rules. Unless otherwise provided for in this chapter or chapter 302A, the commission may adopt rules pursuant to chapter 91 to administer and implement this chapter; provided that the board shall maintain exclusive rule-making authority over state educational policy.
Haw. Rev. Stat. § 304A-2402 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2402
Agricultural extension service; experiment station.
Status: in_force

The grants of moneys and the purposes of the grants authorized by the Act of Congress approved August 30, 1890, known as the Second Morrill Act, providing for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, and by the Acts of Congress approved March 2, 1887, March 16, 1906, and February 24, 1925, providing for agricultural experiment stations in connection with colleges of agriculture and mechanic arts, and by any other acts of Congress for similar purposes, heretofore assented to on behalf of the college of Hawaii, are hereby reassented to on behalf of the college of agriculture as an integral part of the University of Hawaii.

The assent of the legislature hereby is given to the provisions and requirements of the Acts of Congress of May 8, 1914, as supplemented by the Act of May 16, 1928, and to the provisions and requirements of the Act of Congress of May 22, 1928, and the board of regents may receive the grants of money appropriated under the Acts and organize and conduct agricultural extension work, which shall be carried on in connection with the college of agriculture of the university, in accordance with the terms and conditions expressed in the aforesaid Acts. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-2181 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2181
University of Hawaii green special fund.
Status: in_force

(a) There is established the University of Hawaii green special fund, into which may be deposited:

(1) Savings realized by the university from energy conservation measures;

(2) Investment earnings, gifts, donations, or other income received by the University of Hawaii;

(3) Any rebates, grants, or incentives associated with energy conservation measures;

(4) Capital appropriations for energy conservation measures;

(5) Until June 30, 2020, funds from any special or revolving fund established to fund energy conservation measures projects at the University of Hawaii; and

(6) Proceeds from University of Hawaii revenue bonds.

(b) Moneys in the University of Hawaii green special fund shall be used to support energy efficiency, renewable energy, and sustainability projects and services including personnel, equipment costs, project costs, and other expenses, as well as planning, design, and implementation of sustainability projects for the benefit of the university; provided that any expenditure equal to or greater than $167,000 shall require the approval of the legislature.

(c) The chief financial officer of the University of Hawaii shall manage the University of Hawaii green special fund and shall have the authority to garner monetary savings realized from campus energy conservation measures projects.

(d) The University of Hawaii may also transfer other funds into the University of Hawaii green special fund to offset the costs and expenses associated with sustainability initiatives at the University of Hawaii.

(e) The University of Hawaii shall submit a report to the legislature on the moneys deposited into the University of Hawaii green special fund, including:

(1) An explanation of how savings were calculated;

(2) A review of all the revenues deposited;

(3) A review of the rebates, grants, or incentives received; and

(4) A review of any other funds that may have been transferred,

no later than twenty days prior to the convening of each regular session. [L 2017, c 186, §2]
Haw. Rev. Stat. § 302A-1130.6 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1130.6
Curricular materials fee special account.
Status: in_force

There is established within the department a curricular materials fee special account, into which shall be deposited all fees and charges collected from students or their parents or guardians for the loss, destruction, breakage, or damage of curricular materials. Disbursements from this special account shall be expended by the department for the purposes of purchasing, replacing, or repairing curricular materials.
Haw. Rev. Stat. § 304A-503 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-503
Hawaii opportunity program in education.
Status: in_force

There is established the Hawaii opportunity program in education (HOPE) to be placed within the University of Hawaii for administrative purposes to support financially needy students, with priority given to students from ethnic groups that are underrepresented in the student population of the university. The university is encouraged to provide tuition waivers and seek private donations for scholarship support for HOPE students.
Haw. Rev. Stat. § 302A-636 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-636
Cafeteria managers.
Status: in_force

All cafeteria managers employed in the department shall be employed and have their salaries fixed in accordance with chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule, and the monthly rates of basic compensation so determined shall be payable over a twelve-month period without proration or deduction for periods when school is not in session. Cafeteria managers shall have the same vacation and sick leave allowances as school teachers and principals.
Haw. Rev. Stat. § 304A-1755 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1755
Residency program; defined.
Status: in_force

For the purpose of this subpart, "residency program" means a graduate medical education program in a hospital in this State that is accredited as a medical school residency program by the school of medicine of the University of Hawaii. The school of medicine may develop a special residency program for the purpose of this subpart; provided that the program, upon completion by the person, qualifies the person to take the licensure examination under chapter 453.
Haw. Rev. Stat. § 304A-2672 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2672
Powers of the board.
Status: in_force

Notwithstanding any law to the contrary, the board may:

(1) Designate as a university project, any undertaking, improvement, or facility on any one or more of the areas in one or more of the educational institutions under the jurisdiction of the board;

(2) [Repeal and reenactment on June 30, 2028. L 2024, c 111, §3.] Construct and maintain university projects, including a university project included or to be in a university system;

(3) Combine two or more university projects into a university system on one or more of the areas on any one or more of the educational institutions under the jurisdiction of the board, and to maintain the system;

(4) Combine two or more university projects, university systems, or university projects and university systems into a network, on any one or more of the areas on any one or more of the educational institutions under the jurisdiction of the board, and to maintain the network;

(5) Prescribe and collect rents, fees, and charges for the use of or services furnished by any university project and the facilities thereof, and pledge any appropriation to any university project and the facilities thereof that in aggregate, produces revenue of the university at least sufficient to comply with section 304A-2681;

(6) With the approval of the governor, issue revenue bonds under this subpart in such principal amount as may be authorized by the legislature from time to time to finance in whole or in part the cost of construction or the cost of maintenance of any university project, including funding reserves therefor;

(7) Pledge to the punctual payment of revenue bonds and interest thereon, all or any part of the revenue of the university, including any appropriation, in an amount sufficient to pay the revenue bonds and interest as the same become due and to create and maintain reasonable reserves therefor;

(8) Establish a loan program or a commercial paper program upon terms and conditions that the board may determine; and

(9) Advance moneys of the university, not otherwise required, and do any and all other lawful acts as may be necessary, convenient, or desirable, for carrying into execution and administering this subpart. [L 2007, c 161, pt of §1; am L 2013, c 87, §4; am L 2018, c 42, §§3, 6; am L Sp 2021, c 8, §§13, 16]
Haw. Rev. Stat. § 315-2 — HI Code / Division 1 / Title 18 / Chapter 315 / Section 315-2
Official for State.
Status: in_force

The "designated State Official" for Hawaii shall be the executive director of the Hawaii teacher standards board.
Haw. Rev. Stat. § 304A-1963 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1963
University innovation and commercialization initiative special fund.
Status: in_force

(a) There is established the university innovation and commercialization initiative special fund into which shall be deposited, and shall not be considered part of the general fund, all funds consistent with the purposes of this subpart that are:

(1) Appropriated by the legislature;

(2) Received as repayments of loans;

(3) Earned on investments;

(4) Received pursuant to a venture agreement;

(5) Received as royalties;

(6) Received as premiums or fees charged by the university; or

(7) Otherwise received by the program.

(b) Revenues deposited into the special fund may be expended by the University of Hawaii for all costs and expenses associated with the operation of the innovation and commercialization initiative program without regard to chapters 76, 78, 89, 102, 103, and 103D. Revenues not expended as provided in this section may be transferred to other university funds to be expended for the general benefit of the university. [L Sp 2021, c 8, pt of §10, §16; am L 2024, c 116, §1]
Haw. Rev. Stat. § 304A-1962 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1962
Innovation and commercialization initiative program; implementation.
Status: in_force

In implementing the innovation and commercialization initiative program, the University of Hawaii may promote, sponsor, and participate in the transformation of the products of its research and instructional activities into viable economic enterprises and may create, finance, and participate in organizations that contribute to the economic development and workforce diversification of the State using university research and personnel. The university, without limitation, may:

(1) Adopt policies and management procedures to carry out the purposes of the program;

(2) Contribute equity, loan funds, or participate directly or indirectly to finance concepts or proposals that are likely to lead to viable businesses, economic development, or workforce opportunities based on university research;

(3) Enter into contracts and other appropriate arrangements with start-up ventures to provide loans, initial and expansion capital, and other forms of financial assistance;

(4) Solicit, evaluate, and assist in the preparation, drafting, and refinement of business plans and proposals;

(5) Provide advice, instruction, training, and technical and marketing assistance to support and promote the enterprises in which the university invests;

(6) Develop, coordinate, and deliver instruction, training, and outreach programs to build and maintain the capacity to sustain these economic enterprises;

(7) Implement specialized programs designed to encourage the development of new products, businesses, and markets;

(8) Prepare, publish, and distribute technical studies, reports, bulletins, and other materials consistent with customary standards of university publication, subject to the maintenance and respect for confidentiality of client proprietary information;

(9) Organize, sponsor, and participate in conferences, workshops, seminars, and other educational activities relating to the formation and financial viability of businesses that use university research products or university personnel;

(10) Provide and pay for advisory or consulting services and technical, managerial, and marketing assistance, support, and promotion to carry out the purposes of this subpart;

(11) Acquire, hold, and sell qualified securities;

(12) Consent, subject to the provisions of any contract with noteholders or bondholders, whenever the university deems it necessary or desirable in the fulfillment of the purposes of this subpart, to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, or any other terms, of any contract or agreement of any kind to which the university is a party;

(13) With the assistance of an appropriate foundation or development entity, accept donations, grants, bequests, and devises of money, property, service, or other things of value that may be received from the United States or any agency thereof, any governmental agency, or any public or private institution, person, firm, or corporation, to be held, used, or applied for any or all of the purposes in support of this program;

(14) Invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be lawful for fiduciaries in the State;

(15) Acquire real property, or an interest therein, by purchase or foreclosure, where that acquisition is necessary or appropriate to protect or secure any investment or loan in which the university has an interest; sell, transfer, and convey the property to a buyer and, if the sale, transfer, or conveyance cannot be effected with reasonable promptness or at a reasonable price, to lease the property;

(16) Consistent with the purposes of the program, acquire, own, hold, dispose of, and encumber personal property of any nature, or any interest therein, either directly or through intermediate entities formed or established specifically for the program's purposes;

(17) Enter into agreements or other transactions with any federal, state, or county agency to implement the purposes of this subpart;

(18) Contract with other entities, public or private, for the provision of all or a portion of the services necessary for the management and operation of the program. The university may use all appropriations, grants, contractual reimbursements, and all other funds made available for the purposes of the program to pay for the proper general expenses of the program;

(19) Appear on its own behalf before state, county, or federal agencies on matters relating to the program;

(20) Establish a risk management program appropriate to the activities of the program, which may include, among other components, the purchase of insurance, participation in the State's risk management program, or retention and management of risks;

(21) Appoint advisory committees as deemed necessary; and

(22) Exercise any other powers of a corporation organized under the laws of the State not inconsistent with the purpose and intent of the program. [L Sp 2021, c 8, pt of §10, §16; am L 2024, c 116, §1]
Haw. Rev. Stat. § 304A-2171 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2171
John A.
Status: in_force

Burns school of medicine special fund. (a) There is established the John A. Burns school of medicine special fund, to be administered and expended by the University of Hawaii.

(b) The following shall be deposited into the special fund:

(1) Appropriations by the legislature;

(2) Physician workforce assessment fees established pursuant to section 453-8.8;

(3) Grants, donations, gifts, or other income received for the purposes of the special fund; and

(4) Interest earned or accrued on moneys in the special fund.

(c) Moneys in the special fund shall be used to support the John A. Burns school of medicine's activities related to physician workforce assessment and planning within Hawaii; provided that the physician workforce assessment fees transferred and deposited into the special fund pursuant to section 453-8.8 shall be used for purposes identified by the Hawaii medical education council to support physician workforce assessment and planning efforts, including the recruitment and retention of physicians, for rural and medically underserved areas of the State. This shall include but not be limited to:

(1) Maintaining accurate physician workforce assessment information and providing or updating personal and professional information, that shall be maintained in a secure database;

(2) Providing loan repayment to physicians who commit to working in medically underserved areas of the State as part of the Hawaii state loan repayment program administered by the John A. Burns school of medicine; and

(3) Providing scholarships to qualifying medical students to be determined by the John A. Burns school of medicine.

The John A. Burns school of medicine may disclose information specific to any physician only with the express written consent of that physician. [L Sp 2009, c 18, §2; am L 2012, c 186, §§1, 5; am L 2017, c 40, §3; am L 2021, c 151, §2]
Haw. Rev. Stat. § 302A-1126 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1126
Waiver of policy, rule, or procedures.
Status: in_force

Any state agency that may be required to act under state law on a matter affecting an individual school or its school community, shall waive otherwise applicable policies, rules, or procedures when requested to do so by a school community council unless the agency, within thirty days, can justify a denial to the appropriate authority. The board shall adopt procedures necessary to process waivers initiated by a school community council. Any general waiver of policy, rule, or procedures granted by the board to a specific school or schools may be extended by the board to apply to other schools under comparable circumstances. This section shall apply to collective bargaining agreements as provided for in all relevant collective bargaining agreements negotiated pursuant to chapter 89.
Haw. Rev. Stat. § 305J-6 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-6
Department's powers and authority.
Status: in_force

(a) The department shall administer the provisions of this chapter and any administrative rules, policies, and procedures adopted by the director .

(b) To administer this chapter, the department shall :

(1) Maintain a list of the private colleges or universities, seminaries, and religious training institutions that have been authorized and make this list available to the public;

(2) Maintain a list of the states with which the director has entered into a post-secondary education authorization reciprocity agreement and make this list available to the public; and

(3) Receive, arbitrate, investigate, and process complaints.

(c) In conducting an investigation, the department may physically inspect the private college or university, seminary, or religious training institution's facilities and records, and the institution shall have an affirmative duty to cooperate with requests from the department for information regarding any investigation or inspection.

(d) In administering its responsibilities, the department may assess fees sufficient to provide for the self-sufficiency of the program pursuant to section 26-9(o). [L 2013, c 180, pt of §2]
Haw. Rev. Stat. § 302A-102 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-102
Smoking prohibited.
Status: in_force

All public schools within the State, from kindergarten through grade twelve, shall prohibit the use of tobacco at public schools or at public school functions.
Haw. Rev. Stat. § 302A-123 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-123
Board of education; terms.
Status: in_force

(a) The governor shall set the terms of the members initially appointed to the board under section 21 of Act 5, Session Laws of Hawaii 2011, as follows:

(1) Three members shall serve one-year terms;

(2) Three members shall serve two-year terms; and

(3) Three members, including the chairperson, shall serve three-year terms.

(b) The term of each member shall be three years, except as provided for in the initial appointment in subsection (a). Notwithstanding any law to the contrary, members shall serve no more than three consecutive three-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to subsection (a) may be reappointed to three ensuing consecutive three-year terms. If a member is nominated to a second or subsequent consecutive term, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the expiration of the member's immediately preceding term; provided that if the senate has not taken final action to reconfirm the member by the one hundred twenty-day deadline, the member shall continue to serve until the senate takes final action on the reconfirmation.

(c) The term of the student representative shall be one year. The student representative may be selected for one additional consecutive term; provided that the student representative shall be a student at the time of selection and shall be a student for the majority of that term.

(d) Every member may serve beyond the expiration date of the member's term of appointment until the member's successor has been appointed by the governor and confirmed by the senate in accordance with sections 302A-121, 302A-126, and 302A-127. [L 2011, c 5, pt of §2; am L 2014, c 17, §1]
Haw. Rev. Stat. § 302A-1606 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1606
Land component impact fee; determining the amount of land or fee in lieu.
Status: in_force

(a) The school land area requirements for new residential developments in a school impact district shall be based on recent school site area averages, student generation rates, and the number of dwelling units in the new residential development.

(b) The following formula shall be used to determine the total school land area requirement for each individual new residential development in a school impact district:

Elementary school student generation rate per single-family unit (x) number of single-family units (x) recent school site area average for the land area per elementary school student;

plus (+)

Elementary school student generation rate per multi-family unit (x) number of multi-family units (x) recent school site area average for the land area per elementary school student;

plus (+)

Middle school student generation rate per single-family unit (x) number of single-family units (x) recent school site area average for the land area per middle school student;

plus (+)

Middle school student generation rate per multi-family unit (x) number of multi-family units (x) recent school site area average for the land area per middle school student;

plus (+)

High school student generation rate per single-family unit (x) number of single-family units (x) recent school site area average for the land area per high school student;

plus (+)

High school student generation rate per multi-family unit (x) number of multi-family units (x) recent school site area average for the land area per high school student;

equals (=)

Total school land requirement.

(c) [Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] The procedure for determining whether the dedication of land is required or a payment of a fee in lieu is required for a new school facility or to satisfy the land component impact fee shall be as follows:

(1) A new residential development with one hundred or more units shall include a written agreement between the owner or developer of the property and the authority, executed prior to issuance of a building permit, under which the owner or developer has:

(A) Agreed to designate an area to be dedicated for one or more schools for the development, subject to approval by the authority; or

(B) Agreed to pay to the authority, at a time specified in the agreement, a fee in lieu of land dedication;

(2) Prior to approval of any change of zoning, subdivision, or any other approval for a:

(A) Residential development with one hundred or more units; or

(B) Condominium property regime development of one hundred or more units,

the authority shall notify the approving entity of its determination on whether it will require the development to dedicate land, pay a fee in lieu thereof, or a combination of both for the provision of new school facilities;

(3) The authority's determination to require land dedication or the payment of a fee in lieu, or a combination of both, shall be guided by the following criteria:

(A) The topography, geology, access, value, and location of the land available for dedication;

(B) The size and shape of the land available for dedication;

(C) The location of existing or proposed schooling facilities; and

(D) The availability of infrastructure;

(4) The determination of the authority as to whether lands shall be dedicated or whether a fee in lieu shall be paid, or a combination of both, shall be final;

(5) When land dedication is required, the land shall be conveyed to the State upon completion of the subdivision improvements and any offsite infrastructure necessary to serve the land; and

(6) When the payment of a fee in lieu is required, the fee in lieu shall be paid based on the terms contained in the written agreement.

(d) In determining the value per acre for any new residential development, the fee simple value of the land identified for the new or expanded school facility shall be based on the appraised fair market value of improved, vacant land, zoned for residential use, and serviced by roads, utilities, and drainage. An appraiser, licensed pursuant to chapter 466K, who is selected and paid for by the developer, shall determine the value of the land. If the authority does not agree with the developer's appraisal, the authority may engage another licensed appraiser at its own expense, and resolve, through negotiation between the two appraisers, a fair market value. If neither party agrees, the first two appraisers shall select the third appraiser, with the cost of the third appraisal being shared equally by the authority and the developer, and the third appraisal shall be binding on both parties.

(e) [Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] The developer or owner of new residential developments of one hundred or more units shall either pay the fee in lieu based on the land value as determined in subsection (d) or convey appropriate acreage as determined in subsection (b).

(f) The dollar amount of the fee in lieu shall be determined using the following formula:

Acres of land subject to the fee in lieu, as determined under subsection (c) multiplied by the value per acre of land determined pursuant to subsection (d).
Haw. Rev. Stat. § 302A-494 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-494
Reconsideration of the need for an educational representative.
Status: in_force

(a) If the adult student, educational representative, or qualified professional believes the adult student has regained decisional capacity, the adult student shall be assessed for capacity by a qualified professional who shall determine whether or not the adult student has regained decisional capacity and shall document the decision and the basis for the decision and provide the findings of the reconsideration in writing to be entered into the adult student's educational record. The qualified professional shall notify the adult student and the educational representative of any changes in the adult student's educational program.

(b) A special education decision made by an educational representative for an adult student shall be effective without judicial approval. [L 2008, c 182, pt of §2]
Haw. Rev. Stat. § 302A-324 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-324
[ §302A-324] Department of education commercial enterprises revolving fund.
Status: in_force

[ §302A-324] Department of education commercial enterprises revolving fund. There is established the department of education commercial enterprises revolving fund into which shall be deposited all revenues derived from commercial enterprise operation programs undertaken by the department. Revenues deposited into this fund may be expended by the department for all costs and expenses associated with the operation of the commercial enterprises, including hiring personnel; renovating commercial space; and purchasing merchandise, supplies, and equipment, without regard to chapters 76, 78, 89, 103, and 103D. Any law to the contrary notwithstanding, the department may transfer all funds at its disposal, with the exception of general funds, into the revolving fund to finance the establishment of new commercial enterprises. The department may adopt rules pursuant to chapter 91 governing the expenditure of revenues deposited in the revolving fund.
Haw. Rev. Stat. § 302A-1702 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1702
School facilities authority; established.
Status: in_force

(a) There is established the school facilities authority, which shall be a body corporate and a public instrumentality of the State. The authority shall be placed within the department for administrative purposes only.

(b) The executive director appointed pursuant to section 302A-1704(f) shall:

(1) Serve as the authority's chief executive officer and chief procurement officer;

(2) Be responsible for carrying out the purposes of the authority; and

(3) Serve on a full-time basis. [L 2020, c 72, pt of §1 ; am L 2021, c 217, §2; am L 2023, c 61, §2]
Haw. Rev. Stat. § 304A-2168 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2168
Hawaii cancer research special fund.
Status: repealed

(a) There is established within the state treasury a special fund to be known as the Hawaii cancer research special fund to be administered and expended by the University of Hawaii.

(b) The moneys in the special fund shall be used by the University of Hawaii for the cancer research center of Hawaii's research and operating expenses and capital expenditures.

(c) The following shall be deposited into the special fund:

(1) Moneys collected pursuant to section 245-15;

(2) All other fees, charges, and other moneys received in conjunction with programs of the cancer research center of Hawaii;

(3) Transfers from other accounts or funds; and

(4) Interest earned or accrued on moneys in the special fund.

(d) Beginning on January 1, 2010, the University of Hawaii shall report semi-annually to the legislature on the moneys in the Hawaii cancer research special fund, including deposits, expenditures, and other transactions. The reports shall explain in detail all expenditures from the special fund. [L 2006, c 316, §2; am L 2007, c 102, §3; am L 2008, c 84, §2; am L 2009, c 28, §1]

Revision Note

Section was enacted as an addition to repealed chapter 304, but is codified to this chapter pursuant to L 2006, c 75, §18.
Haw. Rev. Stat. § 303-1 — HI Code / Division 1 / Title 18 / Chapter 303 / Section 303-1
Purpose.
Status: in_force

The purpose of this chapter is to provide the means by which employees of the department of education and the University of Hawaii may qualify for the favorable benefits of section 403(b) of the Internal Revenue Code of 1986, as amended.
Haw. Rev. Stat. § 302A-450 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-450
Public prekindergarten classrooms; annual report to the legislature.
Status: in_force

The department shall submit to the legislature an annual report regarding special education and Title I-funded prekindergarten programs, to include, as related to each type of program:

(1) The number and location of classrooms;

(2) Numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken;

(3) Sources of funding for each classroom;

(4) Quality of teacher-child interactions relating to social emotional support, classroom structure, and quality of learning experiences, as assessed using a formative assessment tool; and

(5) Child outcomes relating to all areas of childhood development and learning, including cognitive, linguistic, social, and emotional approaches to learning and health and physical development, as assessed using a formative assessment tool. [L 2019, c 276, §12; am L 2020, c 70, §45]
Haw. Rev. Stat. § 302H-1 — HI Code / Division 1 / Title 18 / Chapter 302H / Section 302H-1
Hawaiian language medium education program; established.
Status: in_force

The Hawaiian language medium education program may be established as a complete educational program or schooling experience provided to students in the medium of the Hawaiian language. The educational objectives of this program shall take into consideration how its content integrates with Hawaiian language and culture curricula and Hawaiian language medium curricula offered at the preschool and college levels, may be the same as the English language medium program, and may fulfill unique Hawaiian language medium education program goals.
Haw. Rev. Stat. § 304A-1202 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1202
Teacher education coordinating committee.
Status: in_force

(a) There is created an advisory committee to be known as the teacher education coordinating committee to identify, study, take action, or make recommendations on matters of education of common interest to the department of education and institutions of higher learning in Hawaii. The membership of the committee shall include the superintendent of education and the dean of the college of education of the University of Hawaii, who shall serve in alternate years as chairperson of the committee with the superintendent acting as the first chairperson, a representative from each accredited Hawaii state-approved teacher education unit, and a representative from the Hawaii teacher standards board. In addition, the superintendent of education and the dean of the college of education may each appoint other members to the committee; provided that the dean of the college of education shall appoint at least two members of the committee from the university who are not within the college of education.

(b) The committee shall meet at least six times within each calendar year to:

(1) Work out problems related to the development of strong teacher training programs at accredited institutions of higher learning in Hawaii; and

(2) Identify, study, and discuss educational problems or other educational matters of interest to the committee and to develop findings and make recommendations for the improvement of education in Hawaii.

(c) The committee shall submit an annual report on its activities to the legislature and may include recommendations for legislative consideration. [L 2006, c 75, pt of §2; am L 2009, c 41, §2]
Haw. Rev. Stat. § 304A-3007 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3007
Annual report.
Status: in_force

The research corporation shall submit an annual report to the governor, the president of the senate, and the speaker of the house of representatives. The report shall include but not be limited to the corporation's audited financial statement, total amount of payroll and other disbursements made, and progress and accomplishments made during the year.
Haw. Rev. Stat. § 302A-1163 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1163
Enforcement.
Status: in_force

The department of health shall administer and enforce the immunization and tuberculin test requirements under sections 302A-1154 to 302A-1163.
Haw. Rev. Stat. § 302D-36 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-36
[ §302D-36] Youth suicide awareness and prevention protocol.
Status: in_force

[ §302D-36] Youth suicide awareness and prevention protocol. (a) Each charter school shall provide a youth suicide awareness and prevention training program and risk referral protocol to school personnel who work directly with students in kindergarten through grade twelve on an annual basis in accordance with section 302A-856.

(b) By September 15 of each year, each charter school shall report to the department on prior school year training prevention activities completed as described under section 302A‑856.

(c) Neither the department nor any of its agencies, boards, members, personnel, designees, agents, or volunteers shall be liable in civil damages to any party for any act or omission of an act relating to the provision of, participation in, or implementation of the components of the training program or protocol required by this section unless that act or omission amounts to gross negligence, wilful and wanton conduct, or intentional wrongdoing. [L 2019, c 270, §2]
Haw. Rev. Stat. § 302L-4 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-4
Grant program; establishment.
Status: in_force

(a) There is established, as part of the early learning system, a grant program, to be developed and administered by the office. The program shall increase early learning opportunities that meet high standards of quality through the awarding of grants to publicly- or privately-run:

(1) Center-based programs for three- and four-year-old children; and

(2) Family child care programs, family-child interaction learning programs, and other early learning programs and services regardless of the age of children served.

(b) Eligibility criteria for grants. The office may award grants based on criteria that shall be developed by the office. The criteria shall include the requirement that early learning programs and services meet certain standards of quality, including:

(1) The implementation of evidence-based and culturally responsive models of service delivery;

(2) The use of evidence-based curricula and methods;

(3) Minimum scheduling requirements, as follows:

(A) For center-based programs: providing services for a full school day and full school year;

(B) For family child care programs: providing services for three hours daily for a full school year;

(C) For family-child interaction learning programs operating in classroom-like settings: providing early learning activities at least twice a week for a full school year, and for a minimum of three hours each day; and

(D) For home-based instruction programs: providing early learning activities for no fewer than thirty weeks within a school year;

(4) Staff-to-child ratios and group size that meet or exceed nationally recommended standards;

(5) The employment of teachers and administrators who meet the qualifications required by the office;

(6) The incorporation of preschool content standards or other early learning guidelines;

(7) The implementation of health and developmental screenings for children;

(8) Opportunities for parent or family engagement and parent education and support; and

(9) Activities for monitoring and data collection to evaluate early learning programs and services and inform best practices.

(c) Training; technical assistance; monitoring. The office may offer technical support to, and shall be responsible for monitoring to ensure the accountability of programs and services within the grant program, according to the standards developed by the office. [L Sp 2008, c 14, pt of §2; am L 2012, c 178, §11; am L 2017, c 202, §8]
Haw. Rev. Stat. § 304A-3303 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3303
Scholarships; nursing degree programs.
Status: in_force

(a) The University of Hawaii shall award a scholarship grant in an amount up to $10,000 per academic year to a student enrolled full-time in an approved educational institution pursuing a graduate degree in nursing through an approved course of study.

(b) The grant shall be for a maximum of three academic years if the student is enrolled in a master's degree program, or a maximum of four academic years if the student is enrolled in a doctoral program. To qualify for renewals beyond three years, the student shall comply with the requirements of section [304A-3302(d)], and the University of Hawaii shall determine that the student is making satisfactory progress toward completing a master's or doctoral degree. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302H-5 — HI Code / Division 1 / Title 18 / Chapter 302H / Section 302H-5
Student performance.
Status: in_force

The department of education may develop and use multiple assessment strategies and instruments to assess student achievement and performance and to evaluate the effectiveness of teaching strategies and methods being used in the Hawaiian language medium education program.
Haw. Rev. Stat. § 302A-1602 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1602
Definitions.
Status: repealed

As used in this subpart, the following terms shall have the following meanings unless the context indicates otherwise:

"Authority" means the school facilities authority established by section 302A-1702.

"Board" [Definition repealed July 1, 2029. L 2025, c 268, §14.] means the school facilities authority board established by section 302A-1704.

"County" means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui.

"Design enrollment" means the maximum number of students, or student capacity, a permanent school facility is designed to accommodate.

"Developer" means a person, corporation, organization, partnership, association, or other legal entity constructing, erecting, enlarging, altering, or engaging in any new residential development activity.

"Dwelling unit" or "unit" means a multi-family or single-family residential unit.

"Fee in lieu" means a fee determined pursuant to section 302A-1606 that is paid in lieu of the dedication of land.

"Land area per student" means the area of land in acres required per student for a school site based on design standards for schools, which may include the actual school site size and the design enrollment of schools constructed within approximately the last ten years.

"Land component" means a fee simple property that is vacant, suitable for a school site, and improved with infrastructure that is the total school area dedication requirement for a new residential development in a school impact district.

"Land component impact fee" means the land component, the fair market value of the land component, or any combination thereof that is attributed to a specific new residential development.

"Level of service" means the percentage of classrooms that are located in permanent structures, but not including classrooms located in portable buildings.

"Multi-family unit" means any dwelling unit other than a single-family dwelling unit.

"New residential development" means new residential projects involving rezoned properties or parcels, current zoned parcels with or without buildings, and redevelopment projects. These projects include subdivisions and other forms of "lot only" developments (when the dwelling units will not be built by the developer), and developments that include single-family and multi-family units, condominiums, and additional or accessory dwelling units as defined by each county.

"Owner" means the owner of record of real property or the owner's authorized agent.

"Proportionate share" means the pro rata share of the school impact fee attributed to the specific new residential development based on the number of units in the development.

"Recent school site area averages" means the agency's historical average acres for new elementary (K-5), middle (6-8), and high (9-12) schools. Based on historic schools constructed in the 1997 to 2007 period, the initial recent school site area averages are as follows:

Land Area/school Enrollment/school Land Area/student

Elementary 12.5 acres 800 students .0156 acres

Middle 16.5 acres 1,500 students .0110 acres

High 49 acres 1,600 students .0306 acres

"School facilities" means the facilities owned or operated by the authority or the department, or the facilities included in the authority or the department's capital budget or capital facilities plan.

"School impact district" means a geographic area designated by the board where an anticipated new residential development will create the need for one or more new schools or the expansion of one or more existing schools that are or will be located within the area and will primarily serve new dwelling units within the area.

"Single-family unit" means a detached dwelling unit not connected to any other dwelling unit, or a detached building containing two dwelling units.

"Single-family unit count" means the total single-family units planned for a proposed new residential development.

"Student generation rate" means the number of public school students generated by each multi-family and single-family unit when a residential development has matured and enrollment per unit no longer fluctuates significantly, or has substantially achieved a steady state. The student generation rate for a school impact district shall be based on analysis of the existing number of residential units and public school students in an area, and the student generation rates of comparable projects and areas. [L 2007, c 245, pt of §2; am L 2010, c 188, §5; am L 2020, c 72, §7; am L 2021, c 217, §9 ; am L 2025, c 268, §3 ]
Haw. Rev. Stat. § 302A-500 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-500
Prohibited activity; permitted disclosures and uses; limitations.
Status: in_force

(a) An operator shall not knowingly do any of the following:

(1) Engage in targeted advertising on the operator's site, service, or application; or target advertising on any other site, service, or application, if the targeting of the advertising is based on any information, including covered information and persistent unique identifiers that the operator has acquired because of the use of that operator's site, service, or application for K-12 school purposes;

(2) Use information, including persistent unique identifiers, created or gathered by the operator's site, service, or application, to amass a profile about a student except in furtherance of K-12 school purposes. As used in this section, "amass a profile" does not include the collection and retention of account information that remains under the control of the student, the student's parent or guardian, or a K‑12 school;

(3) Sell or rent a student's information, including covered information. This paragraph does not apply to the purchase, merger, or other type of acquisition of an operator by another entity if the operator or successor entity complies with this section regarding previously acquired student information; or

(4) Except as otherwise provided in subsection (c), disclose covered information unless the disclosure is made for the following purposes:

(A) In furtherance of the K-12 school purpose of the site, service, or application, if the recipient of the covered information disclosed under this subsection does not further disclose the information unless done to allow or improve operability and functionality of the operator's site, service, or application;

(B) To ensure legal and regulatory compliance or protect against liability;

(C) To respond to or participate in the judicial process;

(D) To protect the safety or integrity of users of the site or others or the security of the site, service, or application;

(E) For a school, educational, or employment purpose requested by the student or the student's parent or guardian; provided that the information is not used or further disclosed for any other purpose; or

(F) To provide to a third party, if the operator contractually prohibits the third party from using any covered information for any purpose other than providing the contracted service to or on behalf of the operator, prohibits the third party from disclosing any covered information provided by the operator with subsequent third parties, and requires the third party to implement and maintain reasonable security procedures and practices.

Nothing in this section shall prohibit the operator's use of information for the purposes of maintaining, developing, supporting, improving, or diagnosing the operator's site, service, or application.

(b) An operator shall:

(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information designed to protect that covered information from unauthorized access, destruction, use, modification, or disclosure; and

(2) Delete within a reasonable time period a student's covered information if the K-12 school or complex requests deletion of covered information under the control of the K-12 school or complex, unless a student or a student's parent or guardian consents to the maintenance of the covered information.

(c) An operator may use or disclose covered information of a student under the following circumstances:

(1) If other provisions of federal or state law require the operator to disclose the information and the operator complies with the requirements of federal and state law in protecting and disclosing that information;

(2) For legitimate research purposes as required by state or federal law and subject to the restrictions under applicable state and federal law or as allowed by state or federal law and under the direction of a K-12 school, complex, or the department, if covered information is not used for advertising or to amass a profile on the student for purposes other than K-12 school purposes; or

(3) To a state or local educational agency, including K-12 schools and complexes, for K-12 school purposes, as permitted by state or federal law.

(d) This section shall not prohibit an operator from doing any of the following:

(1) Using covered information to improve educational products if that information is not associated with an identified student within the operator's site, service, or application or other sites, services, or applications owned by the operator;

(2) Using information that is not associated with an identified student to demonstrate the effectiveness of the operator's products or services, including the marketing of the products or services;

(3) Sharing information that is not associated with an identified student for the development and improvement of educational sites, services, or applications; or

(4) Recommending to a student any of the following:

(A) Additional content relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party;

(B) Additional services relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party; or

(C) Responding to a student's request for information or for feedback without the information or response being determined in whole or in part by payment or other consideration from a third party.

(e) This section shall not:

(1) Limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order;

(2) Limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;

(3) Apply to general audience websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator's site, service, or application may be used to access those general audience sites, services, or applications;

(4) Limit service providers from providing internet connectivity to schools or students and their families;

(5) Prohibit an operator of a website, online service, online application, or mobile application from marketing educational products directly to parents or guardians if the marketing did not result from the use of covered information obtained by the operator by providing services covered under this section;

(6) Impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this section on those applications or software;

(7) Impose a duty upon a provider of an interactive computer service to review or enforce compliance with this section by third-party content providers; or

(8) Prohibit students from downloading, exporting, transferring, saving, or maintaining their own student data or documents. [L 2016, c 40, pt of §1]
Haw. Rev. Stat. § 302A-614 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-614
Sabbatical leaves authorized.
Status: in_force

(a) The department may grant a year's or six months' sabbatical leave of absence to any teacher or educational officer who has served seven years in the public schools of the State. The teacher or educational officer shall be guaranteed a return to the teacher's or educational officer's or an equivalent position at the expiration of the leave.

(b) In granting sabbatical leaves, the department shall consider, but not be limited to, the following:

(1) The nature and length of professional educational course work, research, or other professional activity approved by the department; and

(2) Applicant's seniority; provided that seniority shall not be the dominant factor in granting sabbatical leaves.

(c) The leave shall not be extended beyond one year and may not be repeated until after a period of seven additional years of service. [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 302A-1317 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1317
[ §302A-1317] Local edible produce and packaged food products procurement; small purchases.
Status: repealed

[ §302A-1317] Local edible produce and packaged food products procurement; small purchases. [Section repealed June 30, 2028. L 2025, c 134, §4.] Notwithstanding section 103D-305(c) and any other law to the contrary, procurements of less than $250,000 for local edible produce and packaged food products for the department shall be exempt from the requirement to conduct procurements through an electronic system and shall instead be subject to no less than three written quotes; provided that if the department is unable to receive the required number of written notifications as required by this section, written justification shall be provided and kept by the department.
Haw. Rev. Stat. § 302D-3.2 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-3.2
[ §302D-3.
Status: in_force

[ §302D-3.2] Fees. (a) In administering its responsibilities, the commission may assess fees on non-state entities and individuals to help offset its operating costs.

(b) Fees collected by the commission shall be deposited into insured checking or savings accounts and shall be expended by the commission.

(c) The commission shall adopt rules pursuant to chapter 91 to implement this section; provided that, notwithstanding this section or any other law to the contrary, the commission may set the initial amount of fees authorized pursuant to this section at any time without regard to chapter 91, if the commission:

(1) Holds at least one public hearing to take and discuss public testimony on the proposed fee amount; and

(2) Provides public notice at least thirty days prior to the date of the public hearing. [L 2014, c 99, pt of §1]
Haw. Rev. Stat. § 302A-624 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-624
Teachers' salary schedule.
Status: in_force

(a) The salary schedule for all teachers of the department shall be negotiated pursuant to section 89-9.

(b) All teachers shall meet the following requirements:

(1) A teacher shall earn at least five credits within a three-year cycle to receive increment or longevity step increases in the third year of the three-year cycle;

(2) A teacher who fails to meet the requirement set forth in paragraph (1) shall not be eligible for any increment or longevity step increases until the teacher earns the credit requirement for the three-year cycle;

(3) Any credit earned in excess of any three-year credit requirement may not be carried over beyond the three-year cycle; and

(4) Credits earned may be in the form of in-service, university, or other credits approved by the department.

(c) In case of promotion from a teaching position to an educational officer, the employee shall receive compensation at the lowest step of the higher grade that exceeds the employee's existing compensation by at least eight per cent if such a step exists.

(d) Effective July 1, 2006, the minimum hourly or minimum per diem rate for substitute teachers shall be determined by the legislature as follows; provided that any individual in Class I, II, or III who works less than a full seven-hour work day shall be compensated on a pro-rated, hourly basis:

(1) Class I: other individuals who do not possess a bachelor's degree shall be compensated at a rate of not less than $125 for a full work day;

(2) Class II: individuals with a bachelor's degree shall be compensated at a rate of not less than $136 for a full work day; and

(3) Class III: department of education teachers, or licensed or highly qualified teachers, shall be compensated at a rate of not less than $147 for a full work day.

(e) Effective July 1, 2008, the board shall provide wage adjustments for substitute teachers. The wage adjustments shall be comparable to the across-the-board wage adjustments for teachers that are negotiated for bargaining unit (5) subject to legislative approval, pursuant to section 89C-5. The board may also adjust hours, benefits, and other terms and conditions of employment for substitute teachers. [L 1996, c 89, pt of §2; am L 2005, c 70, §1; am L 2006, c 263, §2; am L 2008, c 187, §2; am L 2022, c 146, §2]
Haw. Rev. Stat. § 302A-619 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-619
Classification, educational officers.
Status: in_force

The board shall classify all educational officer positions of the department and shall adopt two separate classification/compensation plans for educational officers. One classification/compensation plan shall be for principals and vice-principals and shall be based on the general pattern of a school administrator's career development and associated school administrator's qualification requirements. A separate classification/compensation plan shall be for all other educational officers and shall be reflective of the career development pattern and qualification requirements for the respective professional field of expertise; provided that both classification/compensation plans shall include classification appeals procedures.
Haw. Rev. Stat. § 302A-1303.6 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1303.6
Weighted student formula.
Status: in_force

Based upon recommendations from the committee on weights, the board of education may adopt a weighted student formula for the allocation of moneys to public schools that takes into account the educational needs of each student; provided that weighted student formula moneys shall not be used for state-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs. The department, upon the receipt of appropriated moneys, shall use the weighted student formula to allocate funds to public schools. Principals shall expend moneys provided to the principals' schools. This section shall only apply to charter schools for fiscal years in which the charter schools elect pursuant to section 302D-29 to receive allocations according to the procedures and methodology used to calculate the weighted student formula allocation.
Haw. Rev. Stat. § 304A-205 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-205
Agriculture, forestry, and natural resource management program, University of Hawaii at Hilo.
Status: in_force

The board of regents shall establish a program of agriculture, forestry, and natural resource management at the University of Hawaii at Hilo and offer a baccalaureate program.
Haw. Rev. Stat. § 302A-122 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-122
Board of education; eligibility.
Status: in_force

Except as otherwise provided by law, state officers shall be eligible for appointment and membership to the board. No person shall be eligible for appointment to the board:

(1) Under section 302A-121(a)(1) through (4) unless the person is a resident of the county from which the person is to be appointed; or

(2) Under section 302A-121(a)(5) unless the person is a resident of the State. [L 2011, c 5, pt of §2]
Haw. Rev. Stat. § 302A-616 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-616
Conditions of sabbatical leave of absence.
Status: in_force

(a) A teacher or educational officer on sabbatical leave shall devote one-half of the teacher's or educational officer's total leave to professional educational course work, research, or other professional activity approved by the department. The department shall establish guidelines and criteria of professional educational course work, research, or other professional activity. Before granting a sabbatical leave to a teacher or educational officer, the department and the teacher or educational officer shall enter into a contract, which shall provide for the following:

(1) That the teacher or educational officer agrees to return to serve in the department, the University of Hawaii, or any community college for a period of not less than two years within one year after termination of the teacher's or educational officer's sabbatical leave;

(2) That upon failure of the teacher or educational officer to comply with paragraph (1), the teacher or educational officer agrees to refund to the department all moneys received while on sabbatical leave;

(3) That upon failure of the teacher or educational officer to comply with paragraph (2), the teacher or educational officer agrees to pay for all costs incurred by the department in enforcing paragraph (2);

(4) That upon failure to comply with paragraph (1), the educational officer's Hawaii teaching certificate shall be canceled by the department; and

(5) Any other provisions deemed necessary by the department to be included in the contract.

(b) Beginning with the 2002-2003 school year, this section shall be interpreted as though the term "certificate" read "license", as the latter terms are used in subpart D, and as circumstances require. [L 1996, c 89, pt of §2; am L 2001, c 312, §§8, 13]
Haw. Rev. Stat. § 304A-2179 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2179
Renumbered as §304A-2277.
Status: in_force

§304A-2179 Renumbered as §304A-2277.
Haw. Rev. Stat. § 304A-3208 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3208
Obligations under compact not impaired.
Status: in_force

Nothing contained in sections [304A-3206] and [304A-3207] shall be construed to alter any of the obligations or restrict or impair any of the rights that the State may have under the compact establishing the commission.
Haw. Rev. Stat. § 302A-1111 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1111
Duties of superintendent.
Status: in_force

(a) Under policies established by the board, the superintendent shall be designated as the chief executive officer of the public school system having jurisdiction over the internal organization, operation, and management of the public school system, as provided by law; and shall administer programs of education and public instruction throughout the State, including education at the primary and secondary school levels, and such other programs as may be established by law; provided that all state-funded prekindergarten programs, and private partnership-funded prekindergarten programs in the public schools, except for special education and Title I-funded prekindergarten programs, shall be under the administrative authority of the executive office on early learning; provided further that the department shall continue to provide, and have administrative authority over, services generally provided to the schools excluding those services related to curriculum, instruction, assessment, and professional learning support, for any facility on a department school campus at which the executive office on early learning administers programs.

(b) Except as otherwise provided, the superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department; provided that the director of the executive office on early learning shall be the final authority on drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents related to the executive office on early learning. The superintendent and director of the executive office on early learning may use a printed facsimile signature in approving appointments, contracts, and other documents. [L 1996, c 89, pt of §2; am L 2006, c 126, §1; am L 2018, c 175, §2; am L 2019, c 276, §4]
Haw. Rev. Stat. § 302A-1610 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1610
Credits for land dedication.
Status: in_force

(a) Any owner of a development subject to the land component impact fee requirements pursuant to this subpart may apply for credit against any similar dedication or payment accepted and received by the authority for the project; provided that any such owner who dedicates more land for school facilities than is required for the development shall receive credit for the excess dedicated land area.

(b) Any credit provided for under this section shall be based on the value determined in the manner provided under section 302A-1606.

(c) Excess credits for land contributions prior to July 1, 2010, that are in excess of a developer's requirement under this subpart shall be based on the determined value of the excess dedication; provided that the credit amount shall not exceed the value of the dedication or fee in lieu required under this subpart.

(d) In addition to or instead of applying credits to future developments, the authority may execute with an owner of credits an agreement to provide for partial or full reimbursement from the school impact fee payments collected from other developers within the same school impact district. The reimbursements shall not exceed the amount of the fee revenues available in the account for that school impact district. [L 2007, c 245, pt of §2; am L 2010, c 188, §13; am L 2020, c 72, §7; am L 2021, c 217, §12]
Haw. Rev. Stat. § 312-3 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-3
Exchange of librarians.
Status: in_force

[(a)] The state librarian may contract for the exchange of librarians with librarians of any state, country, or territory in accordance with this section, except as otherwise provided in section 78‑27. Local librarians so exchanged shall be paid their regular salaries out of the funds appropriated for personal services in the library budget for the library concerned. The qualifications of all librarians from any such state, country, or territory so exchanged shall be equal to those of the local librarians exchanged. In the selection of local librarians for exchange, preference shall be given to persons born in the State. The requirements of citizenship shall not apply to any librarian coming to the State from any foreign state, country, or territory under any such contract of exchange. All librarians so exchanged shall furnish their own transportation to and from the state, country, or territory with which exchanged.

[(b)] No compensation shall be paid by the State to visiting exchange librarians; provided that in any case where the local exchanged librarian becomes incapacitated or, for any reason, leaves the exchanged position permanently, the library concerned may pay the visiting exchange librarian an amount not to exceed the salary rating of the local exchanged librarian, such an arrangement to continue until the end of the period of exchange or until such time as some satisfactory adjustment has been made. [L 1951, c 190, pt of §1; RL 1955, §45-30; HRS §312-3; am L 1981, c 150, §8; am L 2002, c 148, §34; am L 2012, c 135, §2]
Haw. Rev. Stat. § 302A-808 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-808
Penalty.
Status: in_force

Any person who engages in the profession of teaching in a public school without first being issued a license or hired on an emergency basis as defined in this chapter shall be fined not more than $500. Any person who knowingly or intentionally violates this subpart by employing an individual as a public school teacher who does not possess a valid license or is not a department of education or charter school emergency hire as defined in this chapter may be fined not more than $500. All fines shall be deposited into the general fund.
Haw. Rev. Stat. § 302A-1139 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1139
Religious education.
Status: in_force

(a) The department shall provide for the release of, and shall release, any pupil in any public school from attendance at the public school for a period not to exceed sixty minutes each week during the school year, on such days and during such school hours as the department shall designate, for the purpose of receiving religious instruction from the religious organization of the pupil's choice when the release is requested in writing by a parent, guardian, or other person having custody or control of the pupil. Actual attendance at the sessions of the religious instruction shall count as attendance at the public schools for all purposes where attendance forms the basis of computation.

(b) The privilege of this release shall be withdrawn by the department in case the pupil does not actually attend the sessions of religious instruction. No teacher of the public schools shall participate in religious instruction during the school hours for which the teacher is employed to teach in the public schools, and no public funds shall be used directly or indirectly for religious instruction, at any time when its use would otherwise be required in connection with the regular program of the school. [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 304A-1652 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1652
State aquarium; site.
Status: in_force

All those certain pieces or parcels of land situated at Waikiki, city and county of Honolulu, used as an aquarium and more fully described in copy survey furnished number 11528 as all of lots 114 to 118 inclusive and portions of lots 113 and 119 of the Kapiolani park lots as described in Executive Order No. 1817, are set aside for public purposes, to wit: for the purposes of the state aquarium under the direction of the board of regents of the University of Hawaii. The board of regents shall establish and at all times maintain upon such lands the state aquarium for public programs, education, research, and the exhibition to the public of the aquatic life of Hawaii and other regions. The board shall also establish and at all times maintain at the aquarium a marine biological laboratory.
Haw. Rev. Stat. § 302A-427 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-427
§§302A-427 and 302A-428 REPEALED.
Status: repealed

§§302A-427 and 302A-428 REPEALED. L 2017, c 164, §§7, 8.
Haw. Rev. Stat. § 302A-615 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-615
Pay while on sabbatical.
Status: in_force

Teachers or educational officers on sabbatical leave shall be paid an amount equal to one-half of the salary to which the teacher or educational officer would be entitled if regularly reappointed. The payments shall be made in regular monthly installments, the last two of which shall not be made until after the teacher or educational officer has returned to the teacher's or educational officer's position in the department. A teacher or educational officer granted sabbatical leave may engage in any form of employment provided the conditions established in section 302A-616 are fulfilled.
Haw. Rev. Stat. § 304A-2685 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2685
Refunding revenue bonds; authorization and purpose.
Status: in_force

(a) The board, without further authorization or approval of the legislature, but with the approval of the governor, may provide for the issuance of revenue bonds (herein referred to as refunding bonds) for the purpose of refunding, redeeming, or retiring at or at any time before maturity or at any time before the first date upon which the outstanding revenue bonds to be refunded may be called for redemption, any revenue bonds issued under this subpart, including any revenue bonds that the holders may consent to be paid or refunded even though the revenue bonds are not matured or are not callable or redeemable, and for the purpose of funding indebtedness not evidenced by revenue bonds but that was incurred for purposes for which revenue bonds may be issued pursuant to this subpart. The rate of interest borne by the refunding bonds shall not be affected or limited by the rate of interest borne by the revenue bonds to be refunded or the indebtedness to be funded.

All provisions of this subpart applicable to the issuance of revenue bonds shall be complied with in the issuance of refunding bonds. Refunding bonds shall be sold as provided in section 304A-2674, or the board may provide for the exchange of refunding bonds for a like principal amount of outstanding revenue bonds for the refunding of which the issuance of the refunding bonds has been authorized, whether or not the interest rate on the refunding bonds is higher than the interest rate on the bonds refunded.

(b) Refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all revenue bonds or indebtedness to be funded or refunded, and for the payment of all expenses paid or incurred in connection with the calling, redeeming, retiring, or paying of indebtedness or outstanding revenue bonds, and the issuance of refunding bonds. The expenses may include the amount necessary for the payment of interest upon the indebtedness to be funded or the revenue bonds to be refunded to the maturity or redemption date thereof, the amount necessary for the payment of interest upon the refunding bonds from the date of delivery thereof to the date upon which the principal of the outstanding revenue bonds to be refunded will be paid whether at maturity or pursuant to a call for redemption thereof, or pursuant to agreement with the holders thereof, plus in any case the amount of any premium required to be paid to call or retire the revenue bonds. [L 2007, c 161, pt of §1]
Haw. Rev. Stat. § 304A-1602 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1602
Center for labor education and research; functions and programs.
Status: in_force

(a) In consultation with the labor education advisory council, the center for labor education and research shall:

(1) Coordinate, arrange for, or conduct evaluation of existing center programs of instruction for refinement, develop new courses of instruction, and plan their implementation on a continuing basis;

(2) Coordinate, arrange for, or conduct instructional programs, including classes, courses, workshops, seminars, and research studies or projects;

(3) Coordinate, arrange for, or provide technical assistance to trade unions to improve or implement labor education programs within their organizations;

(4) Prepare and disseminate educational information and publications on various subjects of concern and interest to workers and their organizations;

(5) Develop or acquire the means necessary to offer credit and noncredit labor studies programs via distance education throughout the State;

(6) Develop or acquire and promote the dissemination of labor-related information and programs through the various public media (such as radio, television, newspapers, public and private organizations, and clubs); and

(7) Coordinate, arrange for, or conduct credit and noncredit teacher preparation classes to enable relevant and reliable department of education instruction in labor-related educational courses, programs, and activities.

(b) Notwithstanding chapters 42F, 103, and 103D, the director of the center for labor education and research may limit the center's contracts for any publication and stationery work that may be necessary to accomplish the aims described in subsection (a) to contractors whose employees are represented by a representative duly elected under applicable federal or state labor laws for collective bargaining purposes. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-1160 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1160
Student's health record.
Status: in_force

The department of education shall provide student health record forms for immunization and physical examination to the schools, private physicians, advanced practice registered nurses, and authorized personnel of the department of health.
Haw. Rev. Stat. § 304A-104 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-104
Regents; appointment; tenure; qualifications; meetings.
Status: in_force

(a) The affairs of the university shall be under the general management and control of the board of regents. The board shall consist of eleven members who shall be appointed by the governor from lists of qualified candidates presented to the governor by the candidate advisory council, pursuant to section 304A-104.6, and shall be confirmed by the senate; provided that if the list of qualified candidates includes fewer than three candidates at any time during the nomination and confirmation process, the governor may request that the candidate advisory council reopen recruitment for qualified candidates. Members may be removed by the governor. Except as otherwise provided by law, state officers shall be eligible for appointment and membership.

The term of each member shall be five years, except as provided for the initial appointment in section 26-11; provided that the term of the student member shall be two years. Every member may serve beyond the expiration date of the member's term of appointment as a holdover member until the member's successor has been appointed by the governor and confirmed by the senate in accordance with article X, section 6 of the Hawaii State Constitution; provided that, notwithstanding any law to the contrary, a holdover member shall not serve as a member of the board beyond the end of the first regular session of the legislature following the expiration of the member's term. Members shall serve no more than two consecutive five-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to section 26-11(a) may be reappointed to two ensuing five-year terms. If a member is to be appointed to a second term of five years, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the conclusion of a member's first five-year term; provided that if the senate is not in session within one hundred twenty days prior to the conclusion of the member's first five-year term, the member shall continue to serve until the senate convenes for the next regular session or the next special session for which the senate is authorized to consider the question of reconfirmation.

(b) In determining whether to confirm the governor's nominee to the board of regents, the senate shall consider the combination of abilities, breadth of experiences, and characteristics of the board of regents, as a whole, that will best serve the diverse interests and needs of the students of the university system and assist the university system in achieving its strategic goals and performance indicators. The senate shall consider whether the board reflects the diversity of the student population, the various counties of the State, and a broad representation of higher education-related stakeholders.

(c) At its first meeting after June 30 of each year, the board of regents shall elect a chairperson and one or more vice-chairpersons who shall serve until the adjournment of the first meeting of the board of regents after June 30 of the next year, or thereafter until their successors are elected; provided that the chairperson and vice chairpersons shall not be elected prior to the taking of office of regents whose terms shall begin on July 1 of that year. The board shall appoint a secretary, who shall not be a member of the board. The president of the university shall act as executive officer of the board. A majority of the board of regents shall constitute a quorum to conduct business, and the concurrence of a majority of all the members to which the board of regents is entitled shall be necessary to make any action of the board of regents valid. The board shall meet at least ten times annually and, from time to time, may meet in each of the counties of Hawaii, Maui, and Kauai.

(d) The governor shall notify the candidate advisory council for the board of regents of the University of Hawaii in writing within ten days of receiving notification that a member of the board of regents is resigning or has died, or is being removed by the governor.

(e) The members of the board of regents shall serve without pay but shall be entitled to their travel expenses within the State when attending meetings of the board or when actually engaged in business relating to the work of the board. [L 2006, c 75, pt of §2; am L 2007, c 56, §4; am L Sp 2008, c 9, §3; am L 2011, c 50, §1; am L 2013, c 72, §3; am L 2019, c 172, §3]
Haw. Rev. Stat. § 302A-638 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-638
Evaluation of teachers and educational officers.
Status: in_force

The department shall establish an evaluation program for all teachers and educational officers. The evaluation shall be performed at least once in each school year. The program shall define the criteria for evaluation and assign responsibilities for the application of the criteria. The evaluation of a teacher or educational officer shall be on the basis of efficiency, ability, and such other criteria as the department shall determine.
Haw. Rev. Stat. § 304A-1966 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1966
Preservation of governmental immunity; full faith and credit.
Status: in_force

No contract, agreement, or statement made by the University of Hawaii pursuant to this subpart shall constitute an express or implied waiver by the university of its governmental or sovereign immunity as a public agency of the State, nor shall the contracts, agreements, or statements constitute an express or implied acceptance of liabilities in excess of liabilities allowable under applicable governmental immunity laws. No activity conducted by the university or agreement entered into pursuant to this subpart shall be deemed a pledge of the full faith and credit of the State. [L Sp 2021, c 8, pt of §10, §16; am L 2024, c 116, §1]
Haw. Rev. Stat. § 304A-1006 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1006
Compensation of education laboratory school cafeteria personnel.
Status: in_force

The compensation of all cafeteria workers and the cafeteria manager at the education laboratory school cafeteria, or any successor organization or unit, shall be paid out of the general fund of the State. The university shall include, in its budgetary request for each upcoming fiscal period, the amounts necessary to carry out the purposes of this section.
Haw. Rev. Stat. § 302A-1133.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1133.5
Parent and guardian accountability for compliance with student code of conduct.
Status: in_force

(a) The department shall inform all parents and guardians of the student code of conduct and of their responsibilities with respect to ensuring that their children comply with the code. The department also shall provide assistance and advice to parents and guardians in meeting their responsibilities under the code.

(b) The failure of a student to meet the requirements for regular attendance and punctuality shall subject the student's parent, parents, or guardian to the penalties provided in section 302A-1135. Destruction of school property by a student, in addition to all other legal action that may be taken, shall subject the student's parent, parents, or guardian to proceedings under section 302A-1153, as appropriate. [L 1997, c 361, §2; am L 2006, c 38, §5; am L 2012, c 133, §19]
Haw. Rev. Stat. § 302A-425.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-425.5
REPEALED.
Status: in_force

L Sp 2021, c 9, §15.
Haw. Rev. Stat. § 304A-703 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-703
Capacity of minors in qualifying for Hawaii educator loans.
Status: in_force

Any student otherwise qualifying for a loan under the Hawaii educator loan program revolving fund shall not be disqualified because the student is under the age of eighteen years, and for the purpose of applying for, receiving, and repaying the loan, any such person shall be deemed to have full legal capacity to act and shall have all rights, powers, privileges, and obligations of an adult with respect thereto.
Haw. Rev. Stat. § 302D-4 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-4
Chartering authority application for eligible entities.
Status: in_force

(a) The commission created under section 302D-3 may authorize public charter schools anywhere in the State.

(b) Governing boards of accredited public and private postsecondary institutions, including community colleges, technical colleges, and four-year universities may apply to the board, pursuant to this section, for statewide, regional, or local chartering authority, in accordance with each institution's regular operating jurisdiction.

(c) A county or state agency may apply to the board, pursuant to this section, for chartering authority.

(d) Governing boards of non-profit or charitable organizations, which are exempt from federal taxes under section 501(c)(3) or 501(c)(6) of the Internal Revenue Code, may apply to the board, and may be granted statewide chartering authority. Nonpublic sectarian or religious organizations and any other charitable organization which in their federal Internal Revenue Service Form 1023, Part IV, describe activities indicating a religious purpose, are not eligible to apply to become an authorizer under this chapter.

(e) The board shall establish, through administrative rules, the annual application and approval process for all entities eligible to apply for chartering authority pursuant to this section; provided that the board shall not approve any application for chartering authority until July 1, 2014, or until the board adopts rules, whichever is later. By June 30 of each year, the board shall make available information and guidelines for all eligible entities concerning the opportunity to apply for chartering authority under this chapter. The application process shall require each interested eligible entity to submit an application that clearly explains or presents the following elements:

(1) Written notification of intent to serve as an authorizer in accordance with this chapter;

(2) The applicant entity's strategic vision for chartering;

(3) A plan to support the vision presented, including explanation and evidence of the applicant entity's budget and personnel capacity and commitment to execute the responsibilities of quality charter authorizing, in accordance with this chapter;

(4) A draft or preliminary outline of the request for proposals that the applicant entity, if approved as an authorizer, would issue to solicit public charter school applicants;

(5) A draft of the performance framework that the applicant entity, if approved as an authorizer, would use to guide the establishment of a charter contract and for ongoing oversight and evaluation of public charter schools, consistent with the requirements of this chapter;

(6) A draft of the applicant entity's renewal, revocation, and nonrenewal processes, consistent with section 302D-18;

(7) A statement of assurance that the applicant entity seeks to serve as an authorizer in fulfillment of the expectations, spirit, and intent of this chapter, and that if approved as an authorizer, the entity will fully participate in any authorizer training provided or required by the State; and

(8) A statement of assurance that the applicant will ensure public accountability and transparency in all matters concerning its charter-authorizing practices, decisions, and expenditures.

(f) By June 30 of each year, the board shall decide whether to grant or deny chartering authority to each applicant. The board shall make its decisions on the merits of each applicant's proposal and plans.

(g) Within sixty days of the board's decision, the board shall execute a renewable authorizing contract with each entity it has approved for chartering authority. The initial term of each authorizing contract shall be six years. The authorizing contract shall specify each approved entity's agreement to serve as an authorizer in accordance with the expectations of this chapter, and shall specify additional performance terms based on the applicant's proposal and plan for chartering. No approved entity shall commence charter authorizing without an authorizing contract in effect.

(h) This section shall not apply to the commission. [L 2012, c 130, pt of §2]
Haw. Rev. Stat. § 304A-107 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-107
Loans; advances.
Status: in_force

The university may borrow, from time to time from the state treasury, sums that in the aggregate shall not exceed $100,000, and the director of finance may make the loans to the university, without interest; provided that the loans shall be repaid within the same fiscal year unless extended by the director. In addition to the foregoing, the director of finance may advance funds to the university when required to meet reimbursable costs incurred in connection with federally financed research and training projects; provided that the advances shall not amount in the aggregate to more than $100,000 at any time.
Haw. Rev. Stat. § 304A-2170 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2170
Mauna Kea lands management special fund.
Status: repealed

[ Section repealed July 1, 2028. L 2022, c 255, §§12, 18 ] (a) There is established the Mauna Kea lands management special fund, into which shall be deposited:

(1) Appropriations by the legislature;

(2) All net rents from leases, licenses, and permits, including fees and charges for the use of land and facilities within the Mauna Kea lands;

(3) All moneys collected for violations of subpart Oof part IV; and

(4) Interest earned or accrued on moneys in the special fund.

(b) The proceeds of the special fund shall be used for:

(1) Managing the Mauna Kea lands, including maintenance, administrative expenses, salaries and benefits of employees, contractor services, supplies, security, equipment, janitorial services, insurance, utilities, and other operational expenses; and

(2) Enforcing administrative rules adopted relating to the Mauna Kea lands.

(c) No moneys deposited into the Mauna Kea lands management special fund may be used by the governor or the director of finance as a justification for reducing any budget request or allotment to the University of Hawaii unless the University of Hawaii requests the reduction.

(d) The University of Hawaii may establish separate accounts within the special fund for major program activities.

(e) All expenditures from the special fund shall be subject to legislative appropriation.

(f) For the purposes of this section, "Mauna Kea lands" shall mean the same as defined in section 304A-1901. [L 2009, c 132, §3]
Haw. Rev. Stat. § 302A-1605 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1605
Impact fee analysis.
Status: in_force

Upon designation of a school impact district, the authority shall prepare an impact fee analysis that shall include, at a minimum, an analysis including the advantages and disadvantages of potential changes to statewide school site areas and design enrollment standards that may be appropriate for application in the particular school impact district. This analysis may include, for example, non-traditional facilities such as mid-rise or high-rise structures in existing urban areas where new residential developments are expected to generate the need for new school construction.

Revision Note

Subsection designation deleted pursuant to §23G-15.
Haw. Rev. Stat. § 305J-7 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-7
Awarding degrees.
Status: in_force

(a) A person, partnership, corporation, company, society, or association with a physical presence in the State shall not award, bestow, confer, give, grant, convey, or sell to any other person a degree or honorary degree upon which is inscribed, in any language, the word "associate", "bachelor", "baccalaureate", "post-baccalaureate", "master", or "doctor", or any abbreviation thereof, or offer courses of instruction or credits purporting to lead to any such degree, unless the person, partnership, corporation, company, society, or association is:

(1) A private college or university, seminary, or religious training institution that is authorized pursuant to this chapter;

(2) A school or educational program conducted by a religious entity that is owned, controlled, operated, and maintained by a religious organization lawfully operating as a nonprofit religious corporation and that awards only religious degrees or certificates, including but not limited to a certificate of Talmudic studies, associate of Biblical studies, a bachelor of religious studies, a master of divinity, or a doctor of divinity;

(3) An unaccredited post-secondary educational institution governed under chapter 446E; or

(4) A part of the University of Hawaii system.

(b) Notwithstanding subsection (a), in order to award degrees in the State, all private college s and universit ies , seminar ies , and religious training institution s operating in the State on June 25, 2013 shall be authorized no later than July 1, 2014. [L 2013, c 180, pt of §2]

Revision Note

"June 25, 2013" substituted for "the effective date of this chapter" pursuant to §23G-15.
Haw. Rev. Stat. § 304A-502 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-502
Power of regents to grant tuition waivers.
Status: repealed

The board of regents, or its designated representatives, is authorized to grant, modify, or suspend tuition waivers.

The board may:

(1) Waive entirely or reduce the tuition fee or any of the other fees for graduate teaching and research assistants;

(2) Enter into agreements with government and university officials of any other state or foreign country to provide for reciprocal waiver of the nonresident tuition and fee differential;

(3) Waive the nonresident tuition and fee differential for selected students from Pacific and Asian jurisdictions when their presence would be beneficial to the university or the State;

(4) Waive entirely or reduce the tuition fee or any of the other fees for students, resident or nonresident; and

(5) Waive the nonresident tuition and fee differential for members in good standing of the following military units, regardless of their actual state of residence:

(A) The Hawaii national guard; and

(B) The federal reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard who attend drills with units located within the State.

The board shall determine the percentage of allowable tuition and fee waivers for financial need and other university priorities. These tuition waivers and waivers of the nonresident tuition and fee differential shall be awarded in accordance with guidelines established by the board. [L 2006, c 75, pt of §2 and c 188, pt of §1]

Revision Note

The amendment by L 2006, c 188, pt of §1 to repealed §304-4 is included in this section pursuant to L 2006, c 75, §18.
Haw. Rev. Stat. § 302A-602 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-602
Teachers; licenses and certificates.
Status: in_force

(a) No person shall serve as a teacher in the department without first having obtained a license from the Hawaii teacher standards board in the form as the Hawaii teacher standards board determines. The department shall establish types of certificates in the educational field and the requirements to qualify for those certificates issued to individuals who are not required to obtain a license pursuant to sections 302A-801 to 302A-808.

(b) Beginning with the 2002-2003 school year, no person paid under the salary schedule contained in the unit 5 collective bargaining agreement shall serve as a teacher in the department without first having obtained a license pursuant to sections 302A-801 to 302A-808 from the Hawaii teacher standards board in the form as the Hawaii teacher standards board determines.

(c) Beginning with the 2002-2003 school year, the department may employ unlicensed individuals as emergency hires pursuant to sections 302A-801 to 302A-808.

(d) If any person paid under the salary schedule contained in the unit 5 collective bargaining agreement resigns or retires during the pendency of any investigation into allegations of sexual assault, sexual harassment, or other physical abuse of a student, including criminal and workplace investigations, that person shall forfeit the person's license. The forfeiture of the person's license shall be reported to the National Association of State Directors of Teacher Education and Certification. [L 1996, c 89, pt of §2 and am c 122, §§2, 7; am L 1999, c 218, §4; am L 2001, c 312, §§4, 11; am L 2002, c 193, §1; am L 2024, c 157, §2]
Haw. Rev. Stat. § 304A-109 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-109
Service of process.
Status: in_force

(a) Service of process upon the university shall be made by serving a filed and certified copy of the summons and of the complaint on the university general counsel in accordance with applicable court rules and chapter 634 or on any attorney in the office of the university general counsel.

(b) Service of process upon an officer or employee of the university being sued in the officer's or employee's official capacity shall be made by serving the university and by delivering a copy of the summons and of the complaint to that officer or employee in accordance with applicable court rules and chapter 634. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-1863 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1863
Research experiences for teachers program; established.
Status: in_force

(a) There is established within the University of Hawaii the research experiences for teachers program, which shall be administered by the University of Hawaii college of engineering. The purpose of the research experiences for teachers program shall be to support the development of middle school teacher skills and knowledge, and the development of middle school curriculum materials in science, technology, engineering, and mathematics subject areas, with a focus on wireless communications.

(b) The research experiences for teachers program shall:

(1) Educate teachers in the advances in technology in wireless communications and engineering;

(2) Enhance teacher research skills through the use of software and innovative uses of equipment;

(3) Provide teacher participants with hands-on research experiences;

(4) Support teachers in developing classroom lessons and program activities that meet their course objectives and student performance standards; and

(5) Provide opportunities to share and collaborate with other teacher participants to ensure successful implementation of curricula and programs.

(c) Specific activities of the research experiences for teachers program shall include:

(1) Providing on-site lectures, demonstrations, and laboratory tours at the University of Hawaii and middle schools;

(2) Reviewing wireless communications concepts, methods, history, and applications;

(3) Reviewing engineering and relevant science concepts, research methodology, and real-world applications;

(4) Reviewing key components of inquiry-based teaching materials;

(5) Providing teachers with technical content support;

(6) Assisting teachers in adapting state-of-the-art engineering research into a meaningful classroom experience for students;

(7) Providing seminars to transfer relevant information and experiences among teacher participants and sponsors;

(8) Providing summer engineering workshop for teachers; and

(9) Maintaining a website for content and program dissemination. [L 2007, c 111, pt of §11]
Haw. Rev. Stat. § 304A-1905 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1905
Mauna Kea lands; reporting requirements.
Status: in_force

The board of regents shall report annually to the legislature, no later than twenty days prior to the convening of each regular session, on the Mauna Kea lands activities, current and pending lease agreements and fees, the status of current and pending administrative rules, income and expenditures of the Mauna Kea lands [management] special fund established in section 304A-2170, and any other issues that may impact the activities of the Mauna Kea lands.
Haw. Rev. Stat. § 304A-3010 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3010
Special account.
Status: in_force

Notwithstanding any other law to the contrary, the research corporation shall be authorized to set up a special account for depositing moneys received from either public or private contracts, or from private or public grants, awards, or gifts. The provisions of section [304A-2003] and other laws to the contrary notwithstanding, this special account may be used to receive, disburse, and account for funds of research and training projects of the University of Hawaii, other state agencies, and political subdivisions of the State. All disbursements shall be drawn on the special account upon checks prepared and signed, as approved by the executive director and some other person authorized by the board of directors.
Haw. Rev. Stat. § 304A-113 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-113
Commercial enterprises.
Status: in_force

Any law to the contrary notwithstanding, the university may engage in commercial enterprises that are related and incidental to the primary purposes of the university as set forth in this chapter, including but not limited to sponsorship of private, cultural, and athletic performances and sale of goods produced by university programs or goods bearing the university logo.
Haw. Rev. Stat. § 302A-633.6 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-633.6
Allocations for coaches.
Status: in_force

(a) Persons who serve as coaches for school activities shall be paid a portion or all of their allocation for their services, which shall increase by the same percentage as specified in a collectively bargained agreement negotiated for bargaining unit (5) and in force for that time period.

(b) The base stipend for coaches shall be the compensation amounts for coaches for the 2000-2001 school year. Effective July 1, 2003, the base stipend for all coaches of department of education activities shall be increased by fifty per cent for coaches who are employed by the department of education in a teaching capacity and by twenty-five per cent for coaches who are not employed by the department of education in a teaching capacity.

(c) Coaches covered by this section may choose to waive all or part of the coach's right or interest in the payment stipend. If a coach chooses to waive all or part of the stipend, the department of budget and finance shall dispense funds in the amount of the waiver directly to the school to be used for the benefit of the coach's team. No amount waived under this section shall be deemed to be or reported as income of the coach choosing to waive. [L 2001, c 315, §2; am L 2002, c 230, §1]
Haw. Rev. Stat. § 304A-3205 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3205
Expenditures; reports.
Status: in_force

Expenditures by the Hawaii commission, including the amounts fixed annually as the equal contribution of each member to the compact, shall be made upon warrants issued by the state comptroller based upon vouchers approved by any one of the Hawaii commissioners. A report of the activities and expenses of the Hawaii commissioners and a proposed program for the State's continuing participation in the activities of the Western Interstate Commission for Higher Education, including a budget request, shall be submitted by the Hawaii commissioners to the legislature for each regular legislative session.
Haw. Rev. Stat. § 302A-1120 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1120
Public library system; board control.
Status: in_force

The board, through the state librarian, shall have direct control of the public library system, but not including school libraries. The board may adopt rules under chapter 91 for the purpose of this section.
Haw. Rev. Stat. § 302A-1157 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1157
Exemptions from immunization; not recognized; epidemic conditions.
Status: in_force

If at any time there is, in the opinion of the department of health, danger of an epidemic from any of the communicable diseases for which immunization is required under sections 302A-1154 to 302A-1163, no exemption from immunization against the disease shall be recognized. Quarantine shall be a legal alternative to immunization.
Haw. Rev. Stat. § 304A-2007 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2007
Special and revolving funds; annual report; expenditures in excess of appropriations.
Status: in_force

(a) The university shall annually provide to the legislature, at least twenty days prior to the convening of the regular session, an itemized account of the income to and the expenditure from each university special and revolving fund during the previous fiscal year.

(b) The report shall also include all expenditures in excess of each fund's appropriation for each fiscal year.

(c) The itemized account of income and expenditures required under this section shall be in addition to any other item for reporting that the legislature may specifically require under the law establishing the special or revolving fund. [L 2006, c 75, pt of §2; am L 2011, c 92, §§1, 3]
Haw. Rev. Stat. § 305J-3 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-3
Applicability of chapter; exceptions.
Status: in_force

( a ) This chapter shall not apply to:

(1) Schools or educational programs conducted by firms, corporations, or persons for the training of their own employees;

(2) Apprenticeship or other training programs provided by labor unions to union members or applicants for union membership;

(3) Schools or educational programs that provide courses of instruction that do not lead to the conferring of a degree;

(4) Schools or educational programs that offer seminars, refresher courses, and programs of instruction sponsored by professional, business, or farming organizations or associations for their members or the employees of their members;

(5) Schools or educational programs that offer courses of instruction conducted by public school complex areas;

(6) Schools, courses of instruction, or courses of training that are offered by a vendor or the purchaser or prospective purchaser of the vendor's product when the objective of the school or course is to enable the purchaser or the purchaser's employees to gain the skills and knowledge necessary to use the product;

(7) Schools and educational programs conducted by religious entities that are owned, controlled, operated, and maintained by a religious organization lawfully operating as a nonprofit religious corporation and that award only religious degrees or certificates, including but not limited to a certificate of Talmudic studies, an associate of Biblical studies, a bachelor of religious studies, a master of divinity, or a doctor of divinity;

(8) Non-degree-granting post-secondary educational institutions licensed by any entity of the State or governed by any other chapter of the Hawaii Revised Statutes;

(9) Schools and educational programs that offer courses of instruction exclusively through online and distance education; and

(10) Unaccredited post-secondary educational institutions governed by chapter 446E.

( b ) Nothing in this subsection shall prohibit an entity listed in subsection (a) or section 305J- 4 from applying for authorization; provided that the entity shall meet the criteria for and comply with all authorization requirements under this chapter . [L 2013, c 180, pt of §2]
Haw. Rev. Stat. § 304A-2161 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2161
Renumbered as §304A-2276.
Status: in_force

§304A-2161 Renumbered as §304A-2276.
Haw. Rev. Stat. § 302A-1149 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1149
Use of school facilities for after-school child care.
Status: in_force

The department may enter into agreements and contracts with individuals, organizations, or agencies for the use of public school buildings, facilities, and grounds for the operation of after-school child care programs. The board shall issue such rules as are necessary to carry out the purposes of this section.
Haw. Rev. Stat. § 302A-1145 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1145
Transfer to another school.
Status: in_force

No school shall receive any student under eighteen years of age, unless the student's parent or legal guardian produces to the school in which the student is to be enrolled, a certificate of release of the school last attended by the student; provided that an emancipated minor may produce the minor's own certificate of release. If the parent or legal guardian of a student applies for the student to be enrolled, or an emancipated minor applies to enroll, in a school of higher grade, a certificate of proficiency or a lawful excuse for its absence shall be required.

This section shall not apply to students eligible for assistance provided under the federal McKinney-Vento Homeless Assistance Act of 1987, including unaccompanied youth who are not under the physical custody of a parent or legal guardian. [L 1996, c 89, pt of §2; am L 2014, c 16, §2 and c 232, §10; am L 2023, c 168, §2]
Haw. Rev. Stat. § 302A-618 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-618
Classification, teachers.
Status: in_force

(a) The designation of any teacher to any given class shall be determined by the department in accordance with licensing requirements.

(b) Any teacher teaching technical school courses who is transferred to a community college under the jurisdiction of the board of regents of the University of Hawaii shall not suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege.

(c) Beginning with the 2002-2003 school year, this section shall be interpreted as though the terms "certification" and "certificate" read "licensing" and "license", as the latter terms are used in subpart D, and as circumstances require. [L 1996, c 89, pt of §2; am L 2001, c 312, §9]
Haw. Rev. Stat. § 304A-2352 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2352
University of Hawaii workers' compensation and unemployment insurance compensation trust fund.
Status: in_force

There is established the University of Hawaii workers' compensation and unemployment insurance compensation trust fund into which shall be deposited all revenues derived from assessments for workers' compensation costs and unemployment insurance compensation costs against the payroll of university employees. Revenues deposited into this account may be expended by the university for all costs and expenses associated with the administration of the university's workers' compensation and unemployment insurance compensation programs, including benefits payments, claims administration, settlements, insurance premiums, and legal fees.
Haw. Rev. Stat. § 304A-204 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-204
Specialist in cooperative organizations.
Status: in_force

The university may appoint a specialist in cooperative organizations and may extend the present agriculture extension service work to cooperatives. The specialist shall assist cooperatives in legal, accounting, business, and marketing practices and instruct them in fundamentals of cooperative principles.
Haw. Rev. Stat. § 304A-604 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-604
Rules governing state higher education loan fund.
Status: in_force

The board of regents shall have the power, in accordance with chapter 91, to adopt rules necessary for the administration of the state higher education loan fund.
Haw. Rev. Stat. § 302A-1123 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1123
§§302A-1123, 302A-1123.
Status: repealed

§§302A-1123, 302A-1123.5, and 302A-1123.6 REPEALED. L 1999, c 62, §§6 to 8.
Haw. Rev. Stat. § 302A-1904 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1904
Mark registration.
Status: in_force

The department may register with the department of commerce and consumer affairs any mark of the department or an individual department school.