Haw. Rev. Stat. § 302A-124 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-124
Board of education; organization; quorum; meetings.
Status: in_force

(a) The governor shall select a chairperson of the board; provided that the chairperson shall be selected from among the at-large members. The board shall select a vice chairperson from among its members, and the vice chairperson shall serve as interim chairperson in the event the chairperson's seat becomes vacant.

(b) A majority of all the voting members to which the board is entitled shall constitute a quorum to conduct business. At any time the board has fewer than five voting members, three voting members of the board shall constitute a quorum to conduct business and the concurrence of at least three voting members shall be necessary to make any action of the board valid.

(c) Notwithstanding chapter 92, from the convening of the legislature in regular session to adjournment sine die of each regular session, and during each special session of the legislature, the board may file any notice that specifies only legislation or legislation-related agenda items, no fewer than two calendar days before the meeting. [L 2011, c 5, pt of §2]
Haw. Rev. Stat. § 302D-19 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-19
School closure and dissolution.
Status: in_force

(a) Prior to any public charter school closure decision, an authorizer shall have developed a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accor­dance with the requirements of this chapter. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer. In the event of a public charter school closure for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol.

(b) In the event of a public charter school closure for any reason, the assets of the school, excluding facilities, shall be distributed first to satisfy outstanding payroll obligations for employees of the school, then to creditors of the school, and then to the state treasury to the credit of the general fund. If the assets of the school are insufficient to pay all parties to whom the school owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law.

(c) In the event of a public charter school closure for any reason, if the public charter school received an appropriation for capital improvements to its facilities, the charter school or its authorizer shall negotiate with the expending agency for a lump sum or installment repayment to the State of the amounts appropriated. This restriction shall be registered, recorded, and indexed in the bureau of conveyances or with the assistant registrar of the land court as an encumbrance on the property. Amounts received from the repayment under this subsection shall be deposited into the general fund.

(d) In the event of a public charter school closure for any reason, other public charter schools shall have the right of first refusal for the closed public charter school's facilities, if the facilities are owned by the State. If no other public charter school exercises the right of first refusal, the facilities shall revert back to the department and the State. [L 2012, c 130, pt of §2]
Haw. Rev. Stat. § 302A-1005 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1005
[ §302A-1005] Reconstituting schools.
Status: in_force

[ §302A-1005] Reconstituting schools. (a) Notwithstanding collective bargaining agreements, memorandums of agreement, or memorandums of understanding, the superintendent may reconstitute a public school, except a charter school, that has been in restructuring under the No Child Left Behind Act of 2001, Public Law 107-110, for four or more school years and has not made significant advancements toward improving academic performance as determined by a statistical analysis of academic data; provided that the following have been considered:

(1) Student proficiency in reading and math in the period during which the school is in restructuring;

(2) Interventions and other programs being used by the school to address student proficiency;

(3) The number of highly qualified or effective teachers at the school;

(4) Professional development being conducted at the school;

(5) Input from school faculty and staff, complex specialists, and state office program specialists; and

(6) Input from the school community council;

provided further that the superintendent has made a recommendation to the board to reconstitute the school, taking into consideration the recommendation of the complex area superintendent, if any.

(b) In reconstituting a public school, the superintendent may take actions that include:

(1) Replacing all or most of the staff, including teachers, principals, and other support staff;

(2) Entering into a contract with a private entity to manage the school; and

(3) Changing the membership of the school community council.

(c) The department shall negotiate with the respective unions the process of reassigning employees of the school to be reconstituted to other positions within the department for which the employees are qualified.

(d) The department shall follow the current hiring and recruiting procedures for all employees to be employed at the reconstituted school.

(e) The board shall adopt rules pursuant to chapter 91 as may be necessary to implement this section. [L 2011, c 148, §2]
Haw. Rev. Stat. § 304A-2686 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2686
Fiscal agents.
Status: in_force

The director of finance of the State, when requested by the board, shall render full and complete assistance to the board in the preparation and sale of revenue bonds issued pursuant to this subpart. The director of finance shall be the fiscal agent of the board for the payment of all principal and interest, and for the transfer, of revenue bonds. Sections 36‑3 and 39‑12 shall apply to this subpart. The director of finance shall set up in the treasury of the State suitable accounts for:

(1) Deposit of all revenues of university projects, university systems, or networks and for the payment of all revenue bonds and the interest thereon;

(2) Deposit of all other payments provided or required by this subpart, or any resolution or resolutions of the board; and

(3) Holding of all reserves created under this subpart, or pursuant to any resolution of the board. [L 2007, c 161, pt of §1]
Haw. Rev. Stat. § 304A-403 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-403
Public meetings exemption.
Status: in_force

In establishing the resident tuition fees and the differential fees for nonresident students, the board of regents shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91. The fees shall be established at an open public meeting subject to the requirements of chapter 92; provided that:

(1) The open public meeting is held during or prior to the semester preceding the semester to which the fees apply; and

(2) A copy of the schedule of resident tuition fees and the differential fees for nonresident students is filed in the office of the lieutenant governor prior to taking effect. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-1136 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1136
Enforcement.
Status: in_force

The department shall be charged with the enforcement of sections 302A-1132 to 302A-1135. Nothing in this section shall relieve any chief of police or police officer of the chief's or officer's responsibility for the enforcement of these sections, but their enforcement shall be subject to the plans and policies of the department.
Haw. Rev. Stat. § 302L-6 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-6
Federal funds.
Status: in_force

The office may use and expend federal funds for the purpose of early learning.
Haw. Rev. Stat. § 304A-1102 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1102
Powers of board.
Status: in_force

The board of regents shall have authority to establish and govern community colleges. The board shall have the same powers with respect to the community colleges that it has as to the university in general.
Haw. Rev. Stat. § 302A-438 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-438
Facilities, service, when required.
Status: in_force

Where one or more exceptional children are found in any one complex area superintendent's district, the superintendent of education shall provide instruction, special facilities, and special services according to the specifications of sections 302A-436 to 302A-443 in a manner most expedient and economical.
Haw. Rev. Stat. § 304A-1702 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1702
Graduate medical education program.
Status: in_force

(a) There is created a graduate medical education program to be administered by the medical education council in cooperation with the department of health.

(b) All funding for the graduate medical education program shall be nonlapsing.

(c) Program moneys shall only be expended if:

(1) Approved by the medical education council; and

(2) Used for graduate medical education in accordance with sections 304A-1704 and 304A-1705. [L 2006, c 75, pt of §2; am L 2015, c 106, §8]
Haw. Rev. Stat. § 304A-1893 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1893
REPEALED.
Status: in_force

L 2007, c 253, §8; L 2012, c 151, §1.
Haw. Rev. Stat. § 311-2 — HI Code / Division 1 / Title 18 / Chapter 311 / Section 311-2
State commissioners.
Status: in_force

(a) Hawaii's representatives to the Education Commission of the States, hereinafter called the "commission", shall consist of seven members. The governor; two members of the legislature selected by its respective houses and serving in such manner as the legislature may determine; and the head of a state agency or institution, designated by the governor, having one or more programs of public education, shall be ex officio members of the commission. The other three members shall be appointed by and serve at the pleasure of the governor.

(b) The selection and terms of the members of the commission shall be governed by the applicable provisions of section 26-34.

(c) Members of the commission shall serve without pay but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of duties and responsibilities. [L 1966, c 32, §3; HRS §311-2; am L 1996, c 115, §1]
Haw. Rev. Stat. § 304A-3355 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3355
Powers and duties of the Pacific international space center for exploration systems executive director.
Status: in_force

In addition to any other powers and duties provided in this subpart, the executive director shall:

(1) Oversee, supervise, and direct the planning, evaluation, and coordination of space-related activities, and identify and promote opportunities for expanding and diversifying aerospace-related industries in the State pertaining to the space center;

(2) Establish partnerships with corporate, government, and University of Hawaii entities that can promote and enhance the State's aerospace industry; and where possible, help to generate additional revenue for the University of Hawaii and create classes and other educational opportunities for students;

(3) Work with local universities and community colleges to facilitate internships for students with the space center and associated companies;

(4) Continue to work with the University of Hawaii on course development, teaching, workforce development, and outreach;

(5) Promote innovative educational and workforce development programs that will enhance public awareness of the space center and enable residents to pursue employment in the State's aerospace industry;

(6) Act as the public representative of the space center;

(7) Monitor national and global trends in the aerospace industry and promote global awareness of the space center;

(8) Pursue projects in the aerospace sector that can be leveraged for improvements to the State's broadband and alternative energy capabilities;

(9) Serve as a clearinghouse for information on the space center and associated activities;

(10) Target existing businesses that can provide products or services of importance to the space center and its projects to support the expansion of these businesses in the State;

(11) Increase contacts and maintain liaisons with the National Aeronautics and Space Administration, related aerospace organizations, and other federal agencies and facilities;

(12) Maintain and expand liaisons with local business and citizen groups;

(13) Adopt, amend, and repeal rules pursuant to chapter 91 necessary to carry out this subpart;

(14) Contract for services as may be necessary for the purposes of this subpart; and

(15) Do all other things necessary or proper to carry out the purposes of this subpart. [L Sp 2021, c 1, pt of §1]
Haw. Rev. Stat. § 304A-2277 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2277
REPEALED.
Status: in_force

L Sp 2021, c 9, §49.
Haw. Rev. Stat. § 304A-1802 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1802
International exchange program for health-related tourism.
Status: in_force

There is established an international exchange program for medical and nursing students within the school of medicine of the University of Hawaii and the University of Hawaii school of nursing and dental hygiene that shall focus on Hawaii's role in international medical and nursing education, training, research, and information sharing. The school of medicine and the school of nursing and dental hygiene, in cooperation with the school of public health and the school of travel industry management, shall develop a plan for the development and promotion of Hawaii's healthcare expertise to be coordinated with the State's initiative to promote health-related tourism.
Haw. Rev. Stat. § 302A-405 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-405
School cafeterias; funds; expenditures.
Status: in_force

(a) The price for school meals shall be set by the department to ensure that moneys received from the sale of the meals shall be not less than one-half of the cost of preparing the meals. The prices for school meals may be adjusted annually based on the previous year's costs rounded to the nearest five cents; provided that the department by rule shall provide a lower rate or free meals to children based on their economic need.

(b) All moneys received by or for the public school cafeterias from the sale of meals, the sale of services, the federal government, or any other source, shall be deposited in one special school lunch fund. Except as otherwise provided by the legislature, all expenditures for the operation of public school cafeterias shall be made from this fund.

(c) It is the intent of this section not to jeopardize the receipt of any federal aid and to the extent, and only to the extent necessary to effectuate this intent, the governor may modify the strict provisions of this section, but shall promptly report any such modification with the governor's reasons therefor to the next succeeding session of the legislature for review. [L 1996, c 89, pt of §2; am L 1998, c 311, §6; am L 2000, c 171, §2; am L 2005, c 71, §2; am L 2009, c 26, §4]
Haw. Rev. Stat. § 302A-434 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-434
Advisory council for adult and community education.
Status: in_force

The board shall appoint an advisory council for adult and community education composed of fifteen or more representatives of industry, labor, civic organizations, and education. Appointments shall be for a term of two years with reappointments optional but not to exceed a total of six years on the advisory council.
Haw. Rev. Stat. § 302A — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A
‑1504 REPEALED.
Status: repealed

§302A‑1504 REPEALED. L 2010, c 31, §3.
Haw. Rev. Stat. § 304A-2166 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2166
University of Hawaii-West Oahu special fund.
Status: in_force

(a) There is established the University of Hawaii-West Oahu special fund. The proceeds of the special fund shall be used for the following purposes:

(1) Planning, land acquisition, design, construction, and equipment necessary for the development of the permanent campus of the University of Hawaii-West Oahu in Kapolei; and

(2) Planning, land acquisition, design, improvement, and construction of infrastructure and other public or common facilities necessary for the development of the permanent campus of the University of Hawaii-West Oahu in Kapolei.

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

(1) Appropriations by the legislature to the special fund;

(2) All net proceeds from the sale of public lands, all net rents from leases, licenses, and permits, or all net proceeds derived from development rights for public lands:

(A) Proposed for large lot subdivision as a five hundred acre parcel and designated as Lot 10077 in Land Court Application 1069; and

(B) Obtained from the Campbell Estate in the land exchange described in section 2 of Act 294, Session Laws of Hawaii 1996, located mauka of the H-1 Freeway and consisting of nine hundred forty-one acres, more or less; and

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

(c) The fund shall be managed by the university, which shall also make expenditures from the fund.

(d) Notwithstanding any other law to the contrary, no moneys from the special fund may be expended for any purposes other than the purposes set forth herein unless otherwise approved by the legislature. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-402 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-402
Residence for tuition purposes; basic rule.
Status: in_force

The board of regents shall adopt the necessary rules defining residence for tuition purposes herein; provided that the basic rule shall be that a student shall qualify for the resident tuition fee only if:

(1) Both the following criteria are met:

(A) The adult student, or in the case of a minor student, the student's parents or guardians, has or have been a bona fide resident of this State for at least twelve consecutive months next preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus; and

(B) The adult or minor student has not been claimed as a dependent for tax purposes for at least twelve months next preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus by the student's parents or guardians who are nonresidents of the State; provided that this provision shall not apply in cases where the parent claiming the student as a dependent is entitled to do so under a child support order or agreement issued or entered into in conjunction with a divorce proceeding or legal separation agreement and the other parent and the student meet the criteria set forth in subparagraph (A); or

(2) The adult or minor student:

(A) Graduated from a high school in the State within two years preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus; and

(B) Will enroll in an undergraduate degree program. [L 2006, c 75, pt of §2 ; am L 2025, c 138, §2]
Haw. Rev. Stat. § 302A-1113 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1113
Seal.
Status: in_force

The department shall adopt a seal, the impression of which shall be necessary to authenticate all of its appointments, commissions, final acts of the nature of record, and all other documents issued by it. Upon authorization by the superintendent, a facsimile impression of the seal may be used to authenticate these documents.
Haw. Rev. Stat. § 302D-31 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-31
Athletics.
Status: in_force

The department shall provide students at charter schools, including students enrolled at charter schools whose curriculum incorporates virtual education, with the same opportunity to participate in athletics as is provided to students at department schools. If a student at any charter school wishes to participate in a sport for which there is no program at the charter school, the department shall allow that student to participate in a comparable program at the department school in the service area in which the student resides. All charter school students participating in athletics shall abide by all rules, regulations, and policies of the athletic league, association, and program applicable to the department school in whose athletic program the student is participating.
Haw. Rev. Stat. § 302A-493 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-493
Appointment of an educational representative; conditions.
Status: in_force

(a) An educational representative may be appointed if a student lacks decisional capacity to provide informed consent. A determination that the adult student lacks capacity, or that another condition exists that affects the adult student's instruction shall be made by a qualified licensed professional, such as the student's primary physician, psychologist, psychiatrist, or the department of health developmental disabilities division.

(b) The transfer of rights for an adult student who lacks capacity to an educational representative shall be valid throughout the adult student's eligibility for special education. Determinants of the lack of decisional capacity may include the following:

(1) The student's inability to understand the nature, extent, and probable consequences of a proposed educational program or option, on a continuing or consistent basis;

(2) The student's inability to make a rational evaluation of the benefits or disadvantages of a proposed educational decision or program as compared with the benefits or disadvantages of another proposed educational decision or program, on a continuing or consistent basis; or

(3) The student's inability to communicate such understanding in any meaningful way.

Upon a determination that an adult student lacks decisional capacity to provide informed consent, the qualified professional shall document appropriately and make reasonable efforts to inform the adult student of the adult student's lack of capacity. The parent(s) of the adult student may act as the educational representative (unless the adult student is married, in which event the adult student's adult spouse shall be designated as the educational representative). If the parent or adult spouse is not available or competent to give informed consent, the department shall appoint the educational representative from among the following: a competent adult brother or sister, adult aunt or uncle, or grandparent. If these relatives are not willing and able to serve as the adult student's educational representative, then a surrogate parent (who is not an employee of the department of education) shall be designated to serve in this capacity by the department. [L 2008, c 182, pt of §2]
Haw. Rev. Stat. § 302A-1306 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1306
and 302A-1307 REPEALED.
Status: in_force

L 2004, c 51, §§27, 28.
Haw. Rev. Stat. § 304A-116 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-116
Child care programs.
Status: in_force

(a) The university may establish child care programs through which one or more child care programs for each campus of the university system may be established. The university may operate each child care program with appointed personnel, who are not subject to chapter 76, or by contract with private persons or agencies.

(b) The provision of child care services may be supported with proceeds from the child care programs special fund established under section [304A-2173], public funds, and private grants and gifts to pay for the expenses of operation, including payment of principal and interest on any obligations incurred. [L 2006, c 75, pt of §2; am L 2011, c 124, §3]
Haw. Rev. Stat. § 311D-1 — HI Code / Division 1 / Title 18 / Chapter 311D / Section 311D-1
[ §311D-1] Enactment of compact.
Status: in_force

[ §311D-1] Enactment of compact. The interstate compact on educational opportunity for military children is hereby enacted into law and entered into by the State of Hawaii as a party, and is in full force and effect between the State and any other state joining therein in accordance with the terms of the compact, which compact is substantially as follows:

ARTICLE I

PURPOSE

The purpose of this compact is to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

(1) Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district or variations in entrance and age requirements;

(2) Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment;

(3) Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities;

(4) Facilitating the on-time graduation of children of military families;

(5) Providing for the adoption and enforcement of administrative rules implementing the provisions of this compact;

(6) Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact;

(7) Promoting coordination between this compact and other compacts affecting military children; and

(8) Promoting flexibility and cooperation between the educational system, parents, and the student to achieve educational success for the student.

ARTICLE II
Haw. Rev. Stat. § 304A-114 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-114
Hawaii history.
Status: in_force

The board of regents shall secure the compilation from all available sources and the publication of a revised history of the Hawaiian people; which history, however, shall not be published until after it has been approved either by the legislature or by the trustees of the Hawaiian Historical Society. The board may employ such competent persons as are necessary for the compilation of the volume, purchase the necessary documents, records, and materials for use in the compilation, and make contracts on a royalty basis with publishing firms for the publication of the history. All documents, records, and materials so secured shall be deposited in the state archives after their use by the board.
Haw. Rev. Stat. § 302A-432 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-432
Adult and community education authorized.
Status: in_force

To provide increased opportunity for the people of Hawaii, the department shall establish and regulate a program of adult and community education of less than college grade. The department shall provide public school buildings and other facilities, and use public school equipment under conditions determined by the department, when the equipment is needed, for adult and community education programs.
Haw. Rev. Stat. § 304A-2274 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2274
University of Hawaii real property and facilities use revolving fund.
Status: in_force

(a) There is established the University of Hawaii real property and facilities use revolving fund into which shall be deposited all revenues collected by the university for the use of university real property and facilities, except as otherwise provided by law. The board of regents may establish prices, fees, and charges, including those for the sale, lease, or use of university real property and facilities, which include land, buildings, grounds, furnishings, and equipment; provided that the university shall comply with all statutory and common law requirements in the disposition of ceded lands. The board of regents shall be exempt from the public notice and public hearing requirements of chapter 91 in establishing and amending the fees and charges. The university may establish separate accounts within the revolving fund for major program activities. Funds deposited into the revolving fund accounts shall be expended to pay the costs of operating university facilities, including maintenance, administrative expenses, salaries, wages, and benefits of employees, contractor services, supplies, security, furnishings, equipment, janitorial services, insurance, utilities, and other operational expenses. Revenues not expended as provided in this section may be transferred to other university funds to be invested or expended for the administrative or overhead costs of the university. All expenditures from this revolving fund shall be subject to legislative appropriation.

(b) As used in this section, "maintenance" includes repairs, replacement, renewals, operation, and administration. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-1138 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1138
Permit to leave grounds.
Status: in_force

All principals in the public schools, upon the written request of the parent, guardian, or other person having the care and control of any pupil attending any public school, shall permit any such pupil to leave the school grounds during intermissions. Any principal granting such a permit shall not be held liable for the action of the pupil during the intermissions and while the pupil remains outside of the school grounds.
Haw. Rev. Stat. § 302A-623 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-623
Salary ranges, educational officers.
Status: in_force

Salary ranges for educational officer positions of the department shall be determined by the board based on the position classification/compensation plan approved by the board. Salary ranges for educational officer positions shall be subject to the requirements of section 302A-625.
Haw. Rev. Stat. § 311-4 — HI Code / Division 1 / Title 18 / Chapter 311 / Section 311-4
Filing of bylaws.
Status: in_force

Pursuant to Article III(I) of the compact, the commission shall file a copy of its bylaws and any amendments thereto with the office of the lieutenant governor, State of Hawaii.
Haw. Rev. Stat. § 304A-2675 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2675
Support facility for variable rate revenue bonds.
Status: in_force

If revenue bonds issued pursuant to this subpart are issued bearing interest at a rate that varies from time to time or with a right of holders to tender the revenue bonds for purchase, or both, the board may contract for the support facility and remarketing arrangements as are required to market the revenue bonds to the greatest advantage of the board and the university upon terms and conditions that the board deems necessary and proper.

The board may enter into contracts or agreements with the entity providing a support facility; provided that any contract or agreement shall provide that any amount due and owing by the board under the contract or agreement on an annual basis shall be payable from the revenue of the university; provided further that any obligation issued or arising pursuant to the terms of the contract or agreement in the form of revenue bonds, notes, or other evidences of indebtedness shall only arise at such time as:

(1) Moneys or securities have been irrevocably set aside for the full payment of a like principal amount of revenue bonds issued pursuant to this subpart; or

(2) A like principal amount of the issue or series of revenue bonds to which the support facility relates are held in escrow by the entity or entities providing the support facility. [L 2007, c 161, pt of §1]
Haw. Rev. Stat. § 302A-706 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-706
Teacher national board certification incentive program.
Status: in_force

(a) There is established within the department the teacher national board certification incentive program to recognize and support exemplary teaching practice by supporting public school teachers who have achieved national board certification under the certification program of the National Board for Professional Teaching Standards. The teacher national board certification incentive program shall provide:

(1) A $5,000 bonus per year for each public school teacher who maintains current national board certification;

(2) $1,500 upon completing all components of the certification program of the National Board for Professional Teaching Standards;

(3) A reimbursement of the remainder of the national board certification application fee upon achievement of national board certification; and

(4) An additional $5,000 bonus per year for each public school teacher who maintains current national board certification and who teaches at:

(A) A school in a focus, priority, or superintendent's zone, or other similar designation, as determined by the department;

(B) A school with a high turnover rate, as determined by the department; or

(C) A hard-to-fill school, as determined by the department.

(b) The incentive program shall include a mentoring component that encourages and enables national board-certified teachers to assist other teachers and share their teaching expertise. [L 2004, c 51, §38; am L 2007, c 228, §1; am L 2015, c 107, §1]
Haw. Rev. Stat. § 304A-322 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-322
[ §304A-322] Findings of significant issues; implementation of corrective and remedial action.
Status: in_force

[ §304A-322] Findings of significant issues; implementation of corrective and remedial action. (a) In the event an investigation or audit performed by the independent audit committee, internal auditor, or external auditor, or any audit report reviewed by the independent audit committee finds significant issues with an operation or program of the University of Hawaii, including non-compliance or possible non-compliance with any applicable law, ordinance, rule, or regulation, or any applicable board of [regents] policy or executive policy of the university, and the findings recommend or warrant corrective or remedial action to be taken by the university, the independent audit committee shall immediately notify the board of regents in writing of the significant issue and the corrective and remedial action warranted or recommended to be taken.

(b) The board of regents, upon receipt of notice from the independent audit committee under subsection (a), shall:

(1) Take up the matter as board business at the meeting of the board of regents held immediately following the receipt of notice from the independent audit committee under subsection (a); provided that the meeting and notice thereof shall comply with the requirements of chapter 92;

(2) Set the deadline by which the university shall correct or remedy the significant issue; and

(3) Require the university to submit to the board of regents a progress report in a frequency the board of regents deems reasonable.

(c) The board of regents shall review the progress reports submitted by the university pursuant to paragraph (b)(3) and take appropriate action to ensure timely implementation of the corrective or remedial action.

(d) Upon completion of the university's implementation of the corrective or remedial action, the board of regents shall take action to ensure that the underlying significant issue has been appropriately corrected and remedied. [L 2021, c 172, §2]
Haw. Rev. Stat. § 302A-704 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-704
Tuition assistance for exemplary teachers to attend the University of Hawaii.
Status: in_force

(a) The superintendent, subject to the availability of funds, may award tuition assistance to exemplary teachers who want to become vice-principals in Hawaii's public schools, and who are:

(1) Residents of the State, as defined by the board of regents pursuant to section [304A-402]; and

(2) Taking courses that will lead to certification as a public school principal, on any campus of the University of Hawaii.

(b) The superintendent shall adopt rules in accordance with chapter 91 to carry out the purposes of this section. The rules shall include:

(1) A definition of "exemplary teacher" as determined under section 302A-703(b);

(2) Descriptions of the minimum academic qualification of students who may be awarded full or partial tuition assistance under this section;

(3) Listings of acceptable fields of study, degrees, and periods of eligibility for students who may be awarded tuition assistance under this section;

(4) Procedures for demonstrating the ongoing, satisfactory academic performance of students who have accepted tuition assistance under this section;

(5) Explanations of any obligations for students who have accepted tuition assistance under this section;

(6) Procedures for administratively transferring moneys for tuition assistance awarded under this section from the department of education to the University of Hawaii; and

(7) Procedures for enforcing this subsection.

(c) Chapters 42F, 103D, and 103F shall not apply to this section. [L 2001, c 256, pt of §1; am L 2006, c 75, §8]
Haw. Rev. Stat. § 304A-1965 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1965
Limitation on liability.
Status: in_force

(a) The University of Hawaii shall not assume or otherwise promise to answer for the debt, contract, or liability of any other person or private entity involved with the innovation and commercialization initiative program.

(b) Notwithstanding chapters 661 and 662, or any other law to the contrary, nothing in this subpart shall create an obligation, debt, claim, cause of action, claim for relief, charge, or any other liability of any kind whatsoever in favor of any person or entity, without regard to whether that person or entity receives any benefits under this subpart, against the State or its officers and employees. The State and its officers and employees shall not be liable for the results of any investment, purchase of securities, loan, or other assistance provided pursuant to this subpart. Nothing in this subpart shall be construed as authorizing any claim against the University of Hawaii in excess of any note, loan, or other specific indebtedness incurred by the university or in excess of any insurance policy acquired for the university or its employees. [L Sp 2021, c 8, pt of §10, §16; am L 2024, c 116, §1]
Haw. Rev. Stat. § 302A-853 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-853
Administration of medication.
Status: in_force

(a) School health assistants, and public school employees and agents trained by a health care professional employed or contracted by the department, may assist students by administering oral, nasal, and topical medication, and in emergency situations, other premeasured medication; provided that:

(1) If the student receiving the medication is a minor, a parent or guardian requests and authorizes the administration of medication;

(2) The medication has been prescribed by a physician or physician assistant licensed pursuant to chapter 453, an advanced practice registered nurse with prescriptive authority licensed pursuant to chapter 457, or by another licensed health care practitioner with prescriptive authority;

(3) The administration of the medication is with the approval of a health care professional within the department, department of health, or health care service as defined in section 323D-2 pursuant to a written agreement with the department; and

(4) The administration of the medication is necessary for the health of the student and for the student's attendance at school.

(b) For purposes of this section, "health care professional" means a physician, surgeon, and other professional licensed pursuant to chapter 453, or nurse licensed pursuant to chapter 457. [L 2007, c 105, pt of §2; am L 2012, c 134, §2; am L 2023, c 173, §4; am L 2025, c 136, §2]
Haw. Rev. Stat. § 302A-1311 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1311
Appropriations for trust funds of the department of education.
Status: in_force

Notwithstanding any other law to the contrary, in any fiscal year, if the amount of revenues deposited into a trust fund of the department of education exceeds the amount appropriated from that fund for that year, the superintendent may approve expenditures in excess of the amount appropriated, up to the amount by which revenues for that fund exceed the appropriations from that fund for a fiscal year; provided that the department shall submit a report annually to the governor and the legislature of all expenditures in excess of each fund's appropriation for each fiscal year.
Haw. Rev. Stat. § 302A-413 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-413
Driver education.
Status: in_force

(a) The department may establish and administer a motor vehicle driver education and training program to be conducted at each public high school in the State.

(b) The department, for the purpose of this section, shall:

(1) Set the prerequisites and priorities for enrollment in the course of driver education and training, which shall be open to every resident of the State who is fifteen years of age or older and under nineteen years of age;

(2) Establish the requirements for and employ necessary instructors, who are certified to have completed satisfactorily an approved instructor's course, to conduct the course in driver education and training;

(3) Issue a certificate of completion to every student upon satisfactory completion of the course in driver education and training;

(4) Purchase, rent, or acquire by gift, materials and equipment necessary for the program established by this section; and

(5) Cooperate with the chief of police in each county in promoting traffic safety.

(c) The department may adopt rules under chapter 91, necessary for the purposes of this section and section 302A-414. [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 302A-1402 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1402
Custodian of federal funds.
Status: in_force

The director of finance is designated as custodian of all funds received as the state apportionment under any federal appropriations for public educational purposes and the director shall disburse the funds, pursuant to the requirements, restrictions, and regulations of the federal acts under which the funds may be provided, on vouchers approved by the board, or by any subordinate thereunto duly authorized by the board.
Haw. Rev. Stat. § 302A-447 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-447
State student council.
Status: in_force

(a) There is established within the department for administrative purposes the state student council, which shall consist of representation from each departmental school district.

(b) The council shall determine whether it shall directly select the student representative to the board or whether it shall run an election to select that individual.

(c) The council shall establish policies and procedures governing its operations, including the selection and number of council members, without regard to the public notice, public hearing, and gubernatorial approval requirements of chapter 91, but subject to the open meeting requirements of chapter 92.

(d) The state student council shall cooperate with the student conference committee established under section 317-2 in planning the annual secondary school students conference established under chapter 317. [L 2002, c 172, §2; am L 2011, c 5, §13]
Haw. Rev. Stat. § 304A-1704 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1704
Council duties.
Status: in_force

The medical education council shall:

(1) Conduct a comprehensive analysis of the healthcare workforce requirements of the State for the present and the future, focusing in particular on the State's need for physicians;

(2) Conduct a comprehensive assessment of the State's healthcare training programs, focusing in particular on graduate medical education programs and their role in and ability to meet the healthcare workforce requirements identified by the council;

(3) Recommend to the legislature and the board of regents changes in or additions to the healthcare training programs in the State identified by the council's assessment;

(4) Work with other entities and state agencies as necessary, develop a plan to ensure the adequate funding of healthcare training programs in the State, with an emphasis on graduate medical education programs, and after consultation with the legislature and the board of regents, implement the plan. The plan shall specify the funding sources for healthcare training programs and establish the methodology for funding disbursement. Funds shall be expended for the types of costs normally associated with healthcare training programs, including but not limited to physician salaries and other operating and administrative costs. The plan may include the submission of an application in accordance with federal law for a demonstration project to the Centers for Medicaid and Medicare Services, for the purpose of receiving and disbursing federal funds for direct and indirect graduate medical education expenses;

(5) Seek funding from public sources, including state and federal government, and private sources to support the plan required in paragraph (4);

(6) Monitor the implementation and effectiveness of the plan required in paragraph (4), making such modifications as may be required by future developments and changing needs and after consulting with the legislature and the board of regents, as appropriate; and

(7) Submit a summary report to the legislature no later than twenty days before the convening of each regular session, of the expenditures of program moneys authorized by the council under this subpart. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-805.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-805.5
Approval of teacher education programs; professional development of teachers.
Status: in_force

The board shall be responsible for approving teacher education programs that meet the standards established by the board. The board may engage in efforts relating to the improvement of instruction through teacher education and professional development, and to attract qualified candidates for teacher training from among the high school graduates of the State.
Haw. Rev. Stat. § 302A-1159 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1159
Physical examination required.
Status: in_force

(a) No child shall attend any school for the first time in the State unless the child presents to the appropriate school official a report from a licensed physician, physician assistant, or advanced practice registered nurse of the results of a physical examination performed within twelve months before the date of attendance at school. A child may attend school provisionally upon submitting written documentation from a licensed physician, physician assistant, advanced practice registered nurse, or other authorized representative of the department of health stating that the child is in the process of undergoing a physical examination. Further documentation showing that the required physical examination has been completed shall be submitted to the appropriate school official no later than three months after the child first attends the school.

(b) Beginning with the 2017-2018 school year, every child entering seventh grade shall present to the appropriate school official written documentation from a licensed physician, physician assistant, or advanced practice registered nurse showing completion of a physical examination performed within twelve months before the date of attendance. The department shall send notification of the physical examination requirement to the child's parents or guardians, upon the child's entrance into sixth grade, and post the requirement on the department's website. By December 31 of each year, the department shall provide to the department of health a list of students attending seventh grade who have not submitted appropriate written documentation, along with directory information as allowed under the federal Family Educational Rights and Privacy Act. [L 1996, c 89, pt of §2; am L 1998, c 60, §4; am L 2000, c 109, §3; am L 2014, c 16, §5 and c 232, §13; am L 2016, c 185, §2]
Haw. Rev. Stat. § 302A-1608 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1608
Accounting and expenditure requirements.
Status: in_force

[Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] (a) Each designated school impact district shall be a separate benefit district. Fees collected within each school impact district shall be spent only within the same school impact district for the purposes collected.

(b) Land dedicated by the developer shall be used only as a site for the construction of one or more new schools or for the expansion of existing school facilities. If the land is never used for the school facility, it shall be returned to the developer, or the developer's successor in interest. Once used, the land may be sold, with the proceeds used to acquire land for school facilities in the same school impact district.

(c) If the land is not used for a school facility within twenty years of its dedication, it shall be returned to the developer, or the developer's successor in interest.

(d) Once used for school facilities, all or part of the land may be later sold. Proceeds from the sale shall be used for land acquisition for school facilities in the same school impact district.

(e) Fee in lieu funds may be used for school site land acquisition and related expenses, including surveying, appraisals, and legal fees. With the exception of urban Honolulu, fee in lieu funds shall not be used for the maintenance or operation of existing schools in the district; planning, design, engineering, grading, construction, construction and project management, architectural, permitting, or financing costs; or for administrative expenses.

(f) Notwithstanding any other law to the contrary, fee in lieu funds from projects within a county-designated transit oriented development zone may also be used to purchase completed construction, construct new school facilities in new or existing school sites, improve or renovate existing structures for school use, or lease land or facilities for school use within a county-designated transit oriented development zone.

(g) Notwithstanding subsection (e), in urban Honolulu, fee in lieu funds may be used to purchase completed construction, construct new school facilities, improve or renovate existing structures for school use, or lease land or facilities for school use.

(h) Fees in lieu, proceeds from the sale of all or part of an existing school site that has been dedicated by a developer pursuant to the requirements of this subpart shall be expended or encumbered within twenty years of the date of collection. Fees shall be considered spent or encumbered on a first-in, first-out basis.

(i) As used in this section, "urban Honolulu" means the Kalihi to Ala Moana school impact district. [L 2007, c 245, pt of §2; am L 2010, c 188, §11; am L 2016, c 130, §4 and c 237, §3; am L 2021, c 197, §3; am L 2025, c 268, §6]
Haw. Rev. Stat. § 304A — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A
‑1142] Program; establishment.
Status: in_force

[§304A‑1142] Program; establishment. There is established within the community college system a construction academy pre-apprenticeship program to meet the critical shortfalls in qualified construction labor projected over the next decade.
Haw. Rev. Stat. § 304A-2356 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2356
[ §304A-2356] Hawaiian early learning trust fund.
Status: in_force

[ §304A-2356] Hawaiian early learning trust fund. (a) There is established the Hawaiian early learning trust fund, into which shall be deposited:

(1) Donations to the fund;

(2) Appropriations made by the legislature to the fund;

(3) Revenues regardless of their source; and

(4) Earnings on moneys in the fund.

(b) The university of Hawaii at Hilo shall expend moneys in the trust fund for purposes of Hawaiian early learning.

(c) The university of Hawaii shall submit an annual report to the legislature, no later than August 31, on the sources of moneys deposited into the fund and expenditures of moneys from the fund. [L 2020, c 46, §14]
Haw. Rev. Stat. § 302A-1003 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1003
Indemnity upon reporting.
Status: in_force

The State shall indemnify and hold harmless anyone participating in good faith in making a report pursuant to section 302A-1002 from any civil liability that might otherwise be incurred or imposed by, or as a result of, the making of the report.
Haw. Rev. Stat. § 302A-621 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-621
Salary; deputy superintendent, assistant superintendents, complex area superintendents.
Status: in_force

The salaries of the deputy superintendent, assistant superintendents, and complex area superintendents shall be set by the board; provided that the salaries of the deputy superintendent, assistant superintendents, and the complex area superintendents shall not exceed the superintendent's salary.
Haw. Rev. Stat. § 302A-1166 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1166
Prior early learning programs attendance disclosure.
Status: in_force

(a) At least one parent or guardian of each child entering kindergarten shall disclose to the department the name of, address of, and duration of attendance at the early learning program that the child attended during the previous academic year. The department may also require the disclosure of any other information not otherwise prohibited by law that would assist the department, the department of human services, and the executive office on early learning in developing, assessing, and implementing strategies to meet the early learning needs of children in the State. The department and the executive office on early learning shall use the information to assist the executive office on early learning and department of human services in determining the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children.

(b) The department may include a request for the information required by subsection (a) on a kindergarten enrollment form or any other appropriate form.

(c) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, and state public charter school commission to the extent not otherwise prohibited by administrative rule or law. [L 2020, c 46, pt of §2; am L 2021, c 230, §6]
Haw. Rev. Stat. § 302A-1158 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1158
Immunization of indigent children.
Status: in_force

The department of health shall provide all immunizations and tuberculin tests to comply with sections 302A-1154 to 302A-1163, as far as public funds will permit, to each child whose parents, guardians, or custodians cannot afford to have the child immunized or tested for tuberculosis, and who have not been exempted under section 302A-1156. Nothing in this section shall preclude the department of health from distributing immunizations and vaccines to physicians, advanced practice registered nurses, or other authorized persons as required by law or by the rules of the department of health.
Haw. Rev. Stat. § 302A-833 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-833
Teachers' housing revolving fund.
Status: in_force

(a) There is established in the state treasury a revolving fund to be known as the teachers' housing revolving fund to be administered by the department of education. The director of finance shall transfer any moneys appropriated for the purposes of teacher housing to the teachers' housing revolving fund. All unexpended balances of appropriations, allocations, allotments, special revolving funds, or other funds heretofore created and made available for the purposes of developing or administering teachers' housing projects shall be transferred to the teachers' housing revolving fund. Notwithstanding any law to the contrary, all moneys, including refunds, reimbursements, and rentals, for housing from teacher tenants shall be deposited in the revolving fund.

(b) The revolving fund may be used by the department of education for any and all of the purposes of teachers' housing, including the planning, construction, maintenance, and operation of teachers' housing, as well as for the salaries of the necessary personnel in charge thereof.

(c) Whenever the governor determines that the amount in the teachers' housing revolving fund exceeds the requirements of the teacher housing program, the department shall transfer the excess to the state general fund. [L 2005, c 204, pt of §1]
Haw. Rev. Stat. § 302A-425 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-425
Licensure of private trade, vocational, or technical school.
Status: in_force

(a) The department shall license private trade, vocational, and technical schools as necessary for:

(1) Compliance with federal regulations or accreditation requirements;

(2) Qualifying the private trade, vocational, or technical school for federal, state, or private funding; or

(3) Qualifying graduates of the private trade, vocational, or technical school for professional licensure.

The purpose of the licensing and regulation is to protect consumers against practices by private trade, vocational, or technical schools that are false, deceptive, misleading, or unfair. The department shall not be responsible for review of curriculum or assurance of program quality for those private trade, vocational, and technical schools whose curriculum or program falls outside of the department's mission.

(b) A private trade, vocational, or technical school that requires licensure under subsection (a) shall submit the following to the department in such form as the department may direct:

(1) Proof that the school is accredited by an accrediting commission of career schools and colleges, accrediting council for continuing education and training, or an accrediting bureau of health education schools; provided that in lieu of such accreditation, the school may provide a letter from the relevant state, federal, or other licensing authority demonstrating that the private trade, vocational, or technical school's curriculum is sufficient to prepare a graduate to qualify for professional licensure;

(2) Proof of current business registration demonstrating good standing;

(3) A copy of the school's current general excise tax license, including a current tax clearance; and

(4) Proof that the school has secured a surety bond in the sum of $50,000, payable in a form satisfactory to the department, to provide indemnification to any student suffering a financial loss as a result of the school not fulfilling its obligations under the terms of its license; provided that the bonding requirement may be reduced at the discretion of the department.

(c) A private trade, vocational, or technical school applying for initial licensure after December 31, 2017, shall pay an initial license fee of $2,000 to the department upon application for licensure under this section.

(d) Every two years following the date of initial licensure, a private trade, vocational, or technical school shall apply for a renewal license by:

(1) Submitting all documents required under subsection (b), with updated information as appropriate;

(2) Submitting a list of complaints officially filed within the past two years with any state or federal government agency or directly with the school; and

(3) For any application for license renewal submitted after December31, 2017, paying a renewal licensure fee of $2,000.

(e) Complaints alleging unfair or deceptive acts or practices by a private trade, vocational, or technical school shall be filed with the appropriate branch of the department of commerce and consumer affairs for review, investigation, and appropriate recommendation for action, including appeals from action taken.

(f) Fees collected pursuant to this section shall be deposited into the general fund.

(g) The department may adopt reasonable rules relating to the implementation of this section and section 302A-426. [L 1996, c 89, pt of §2; am L 1998, c 57, §1; am L 2017, c 164, §4; am L Sp 2021, c 9, §14]
Haw. Rev. Stat. § 302A-495 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-495
Decisions by guardian.
Status: in_force

Absent a court order to the contrary, a special education decision of a guardian appointed pursuant to chapter 560 takes precedence over that of an agent or educational representative.
Haw. Rev. Stat. § 304A-3354 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3354
General powers.
Status: in_force

(a) The board may:

(1) Sue and be sued;

(2) Adopt a seal and alter the seal at its pleasure;

(3) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and

(4) Adopt bylaws and rules, which shall be exempt from chapter 91, for its organization and internal management, and to carry into effect its purposes, powers, and programs.

(b) In addition to other powers conferred upon it, the board may do all things necessary and convenient to carry out the powers expressly provided in this subpart. [L Sp 2021, c 1, pt of §1]
Haw. Rev. Stat. § 302A-1129 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1129
Schools; opening and closing.
Status: in_force

The board may open new schools or close existing schools.
Haw. Rev. Stat. § 304A-2254 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2254
Renumbered as §304A-2174.
Status: in_force

§304A-2254 Renumbered as §304A-2174.
Haw. Rev. Stat. § 311-5 — HI Code / Division 1 / Title 18 / Chapter 311 / Section 311-5
Execution.
Status: in_force

The governor shall execute the compact on behalf of this State, and perform any other acts which may be deemed requisite to its formal adoption.
Haw. Rev. Stat. § 302A-1903 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1903
Commercial enterprises.
Status: in_force

Notwithstanding any law to the contrary, the department may engage in commercial enterprises that are related and incidental to the primary purposes of the department as set forth in this chapter, including the sponsorship of private, cultural, and athletic performances; the sale of goods produced by or for department programs or an individual department school; or the production of goods bearing a department or an individual department school mark.
Haw. Rev. Stat. § 302A-1151.6 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1151.6
[ §302A-1151.
Status: in_force

[ §302A-1151.6] Parking; control by department. (a) The department may adopt rules in accordance with chapter 91 to govern the traffic and parking conditions on roadways and other areas under the jurisdiction of the department.

(b) The department, in accordance with chapter 91, may:

(1) Assess fees for parking on roadways and in parking areas under the jurisdiction of the department; and

(2) Adopt rules relating to the assessment and collection of fees for parking specified in this section.

(c) Fees collected under this section shall be deposited into the same fund into which fees and charges assessed and collected by the department for the use of school facilities under section 302A-1148 are deposited; provided that any parking fees assessed and collected by a school shall be deposited to the credit of the school's nonappropriated local school fund account.

(d) The department may contract with the department of accounting and general services or a private entity to implement this section. [L 2010, c 190, §2]
Haw. Rev. Stat. § 302A-1704 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1704
School facilities authority board.
Status: in_force

(a) There is established the school facilities authority board, which shall head and oversee the authority.

(b) The board shall consist of five voting members. The members shall:

(1) Be appointed by the governor pursuant to section 26-34;

(2) Have an interest in public school facilities;

(3) Include one member actively or previously engaged in the construction industry for at least five years; and

(4) Serve without compensation but may be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(c) The board shall be responsible for:

(1) All matters related to the projects the authority is authorized and responsible for initiating and completing under this subpart, including preferred strategies to complete those projects; and

(2) Evaluating the performance of the authority's executive director on an annual basis.

(d) The board shall select a chairperson by a majority vote of its voting members. A majority of the voting members serving on the board shall constitute a quorum to conduct business. The concurrence of the majority of the voting members serving on the board shall be necessary to make any action of the board valid.

(e) The board may form workgroups and subcommittees that include individuals who are not board members, to:

(1) Obtain resource information from construction and education professionals and other individuals as deemed necessary by the board;

(2) Make recommendations to the board; and

(3) Perform other functions as deemed necessary by the board to fulfill its duties and responsibilities.

Two or more board members, but less than a quorum, may discuss matters relating to official board business in the course of their participation in a workgroup or subcommittee, and these discussions shall be a permitted interaction as provided for in section 92-2.5; provided that all other provisions of chapter 92 shall apply.

(f) The board shall appoint an executive director of the school facilities authority who shall be exempt from chapters 76 and 89. The salary of the executive director shall be set by the board and the executive director shall be included in any benefit program generally applicable to the officers and employees of the State. [L 2020, c 72, pt of §1; am L 2021, c 217, §2; am L 2023, c 61, §3]
Haw. Rev. Stat. § 312-2.2 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-2.2
Special assistant to the state librarian; appointment and duties; secretary.
Status: in_force

The state librarian shall appoint a special assistant to the state librarian who shall serve at the pleasure of the state librarian and shall generally assist the state librarian, as the state librarian may require, in the initiation, direction, or monitoring of administrative or managerial special projects, studies, investigations, and any other assignments that the state librarian determines to be necessary. In addition, the special assistant shall, as the state librarian may direct, serve as the state librarian's representative to, and monitor and apprise the state librarian of the activities of the various national, regional, state, and local organizations and committees in which the state librarian has membership, participation, or interest. The special assistant to the state librarian shall be appointed without regard to chapter 76, and shall hold no other public or private office or employment. Section 26-53 shall not be applicable to the special assistant to the state librarian. The state librarian may also appoint, without regard to chapter 76, one secretary for the special assistant to the state librarian. The secretary for the special assistant to the state librarian shall serve at the pleasure of the state librarian.
Haw. Rev. Stat. § 304A-2257 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2257
University of Hawaii student activities revolving fund.
Status: in_force

(a) There is established the University of Hawaii student activities revolving fund into which shall be deposited all funds assessed as compulsory student activity fees and collected by the University of Hawaii on behalf of chartered student organizations and student activity programs of the several campuses of the University of Hawaii system. All revenues received by chartered student organizations and student activity programs from student activities and programs, except those revenues to which other special funds have prior claim, shall also be deposited into the revolving fund.

(b) Separate accounts shall be maintained for each chartered student organization and student activity program. Funds from the accounts may be withdrawn and expended by each respective chartered student organization or student activity program for any purpose that it deems necessary and proper to carry out and achieve its educational responsibilities, programs, and related activities; provided that approval for the expenditure is first obtained from the board of regents or its designated representative, except that approval is not required for expenditures for the purchase of flowers, leis, food, refreshments, and prizes if the purchases do not exceed an amount determined by policies adopted by the board of regents; and provided further that the amount shall not exceed the funds available to any chartered student organization or student activity program annually.

(c) Other laws to the contrary notwithstanding, any chartered student organization may be permitted to withdraw and expend funds from the special accounts to employ or retain, by contract or otherwise, an attorney or attorneys only for the purpose of defending such organization in any litigation. Any chartered student organization specifically organized to provide student publications or broadcast communications may also be permitted to withdraw and expend funds from the special accounts to employ or retain, by contract or otherwise, an attorney for the purpose of rendering legal advice to avoid lawsuits. The expenditures in this subsection shall be approved by, and in accordance with policies adopted by, the board of regents. No funds expended under this subsection may be used to defend chartered student organizations for any wilful or malicious act or to pay for any claim for loss or damage arising from the activities of the chartered student organizations, including costs, expenses, and liabilities incurred in connection with any claim or proceeding brought against a chartered student organization for damages resulting from the act or omission of a chartered student organization or any member thereof. All moneys received for the University of Hawaii student activities revolving fund shall be deposited in a depository maintained by the university in accordance with policies that shall be adopted by the board of regents. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-3209 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3209
Professional student exchange program; repayment policy.
Status: in_force

The Hawaii commission may establish a repayment policy for students who receive any financial support from funds appropriated by the legislature for the Hawaii professional student exchange program of the Western Interstate Commission for Higher Education.
Haw. Rev. Stat. § 304A-1754 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1754
Penalty for breach of contract.
Status: in_force

A person who is placed in the residency program under this subpart, but who breaches any term of the contract under section 304A-1753, shall pay to the State damages of $10,000; provided that a contract shall not be deemed breached if the person has obtained a permanent license to practice medicine and surgery or osteopathy under chapter 453 but could not fulfill the requirements of section 304A-1753(3) and (4) because no employment vacancy existed in the correctional facilities of the department of corrections and rehabilitation or no shortage of physicians or osteopathic physicians existed in any rural community and the department of corrections and rehabilitation or the department of health, as applicable, certifies that no employment vacancy or shortage existed.
Haw. Rev. Stat. § 304A-2003 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2003
Appropriations; accounts; depositories.
Status: in_force

Moneys appropriated by the legislature for the university shall be payable by the director of finance, upon vouchers approved by the board of regents or by any officer elected or appointed by the board under section 304A‑105 and authorized by the board to approve such vouchers on behalf of the board. All moneys received by or on behalf of the board or the university shall be deposited with the director of finance; except that any moneys received from the federal government or from private contributions shall be deposited and accounted for in accordance with conditions established by the agencies or persons from whom the moneys are received and except that, with the concurrence of the director of finance, moneys received from the federal government for research, training, and other related purposes of a transitory nature and moneys in trust, special, or revolving funds administered by the university may be deposited in depositories other than the state treasury; provided that the university informs the director of finance of the depositories in which moneys from the funds have been deposited and submits copies of annual statements from each of the depositories in which the moneys from the funds are deposited. All income from tuition and fees charged for regular courses of instruction and tuition related course and fee charges against students shall be deposited to the credit of the University of Hawaii tuition and fees special fund pursuant to section [304A-2153]. Income from university projects as defined and described in section [304A‑2167.5] and sections [304A-2671] to [304A-2684], may be credited to special or other funds.
Haw. Rev. Stat. § 304A-112 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-112
Contracts for services provided by the research corporation of the University of Hawaii.
Status: in_force

(a) Notwithstanding any law to the contrary, when the university determines that neither the university nor another state agency can more effectively or efficiently accomplish the purposes of the sponsored research and training activities, the university shall contract with the research corporation of the University of Hawaii established under section [304A-3001] to provide management and other services as described in subsection (b) to support the university's research and training activities. Contracts by the university with the research corporation pursuant to this section shall be limited to sponsored research and training projects; except that university projects supported by funds appropriated by the legislature may also be contracted to the research corporation pursuant to rules adopted by the board of regents.

(b) Management and other support services provided by the research corporation pursuant to this section may include:

(1) The procurement of goods and services;

(2) Employment of personnel; and

(3) The provision of advance funding for research and training contracts and grants.

These services may be provided by the corporation to the university without regard to chapter 76, 78, 89, or 103D. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-802 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-802
College-credit equivalency program established; purpose; policies and procedures; eligibility.
Status: in_force

(a) There is established at the university and the community colleges a college-credit equivalency program. The purpose of this program is to award college credits to students who are enrolled in a degree or certificate program at the university or at a community college and who have successfully completed, at a high school, business school, trade school, adult education school, or military training program, courses that are equivalent to courses offered for credit in the University of Hawaii system. The program shall also award credits for professional experience gained through service in the United States armed forces. Credits may also be awarded for work or other experiences at the discretion of the university.

(b) The university shall be responsible for the establishment of policies and procedures to administer the program. In this regard, the university, among other things, shall prepare and make public the following:

(1) The list of the high school, business school, trade school, and adult education school courses for which college credits may be earned;

(2) The number of credits that may be earned for each course;

(3) The minimum standards or grades necessary to earn college credits; and

(4) A learning assessment or other criteria to determine college-level learning gained during service in the United States armed forces.

(c) All students enrolled in a degree or certificate program at the university or at a community college and who meet the requirements established under subsection (b) shall be eligible and awarded college-credit equivalents. [L 2006, c 75, pt of §2; am L 2012, c 12, §1]
Haw. Rev. Stat. § 304A-3302 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3302
Nursing scholars program; establishment, administration.
Status: in_force

(a) There is established a program to be known as the nursing scholars program to be placed administratively within the University of Hawaii.

(b) The University of Hawaii may provide scholarship grants under the scholarship program to an eligible student who is a resident in this State upon confirmation from an approved educational institution that the student has been accepted for enrollment in an approved graduate course of study. Awarding preference shall be given to Hawaii residents. Scholarship grants shall only be for the amounts set forth in section [304A-3303(a)] and shall only be used for tuition, books, laboratory fees, and any other required educational fees and costs.

(c) The University of Hawaii shall establish lists of approved graduate courses of study for the various types of approved educational institutions falling within the program.

(d) To receive a scholarship grant under this chapter, a student shall:

(1) Have graduated from a recognized nursing program with a bachelor of science in nursing;

(2) Maintain domicile in Hawaii during the term of the scholarship grants;

(3) Comply with any conditions placed on the scholarship grant by the University of Hawaii;

(4) Maintain a grade point average of 3.0 or higher, on a scale of 4.0 or its equivalent; and

(5) Enter into a written agreement with the University of Hawaii to:

(A) Satisfy all degree requirements and other requirements under this program;

(B) Commence nursing instruction in this State within one year after completion of an approved graduate degree in nursing for a period of one year for each academic year the student received a master's or doctoral degree, for a period of one year for each academic year the student receives a scholarship grant under this program, unless the University of Hawaii determines that there are extenuating circumstances; and

(C) Reimburse the State for all amounts received under this program and interest thereon, as determined by the University of Hawaii, if the student fails to comply with this subsection.

(e) A student applying for the scholarship shall apply to the University of Hawaii and include all information and documentation required by the University of Hawaii. The application shall include a verified statement of grade point average from the appropriate approved educational institution.

(f) The teaching requirement under subsection (d)(5)(B) shall begin after the receipt of the master's or doctoral degree. If a student terminates enrollment in the approved educational institution during the academic year or prior to completion of the approved graduate course of study and is eligible to have all or a portion of the tuition payments refunded under the refund policies of the institution, the approved educational institution shall notify the University of Hawaii in writing and shall return all unused portions of the scholarship grant. Returned amounts shall be used to fund other scholarship grants under this program.

(g) A scholarship grant under this program is only transferable to another approved educational institution if approved by the University of Hawaii.

(h) Scholarship grants awarded under the program shall be limited to funds appropriated for the purpose of awarding grants or funds otherwise matched by external entities. First priority for scholarship grant awards shall be given to renewal applicants. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-2169.1 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2169.1
[ §304A-2169.
Status: in_force

[ §304A-2169.1] Energy systems development special fund. (a) There is established the energy systems development special fund for the purpose of developing an integrated approach to and portfolio management of renewable energy and energy efficiency technology projects that will reduce Hawaii's dependence on fossil fuel, imported oil, and other imported energy resources and move Hawaii toward energy self-sufficiency.

(b) Deposits into the special fund may be from the following:

(1) Appropriations from the legislature;

(2) A portion of the environmental response, energy, and food security tax pursuant to section 243-3.5; and

(3) Investment earnings, gifts, donations, or other income received by the Hawaii natural energy institute.

(c) The Hawaii natural energy institute shall administer the special fund and may expend revenues of the special fund for the following activities:

(1) Obtaining matching funds from federal and private sources for research, development, and demonstration of renewable energy sources;

(2) Awarding contracts or grants to develop and deploy technologies that will reduce Hawaii's dependence on imported energy resources and imported oil. Projects may be commissioned that:

(A) Balance the risk, benefits, and time horizons of the investment to ensure tangible benefits to the Hawaii consumer, with priority given to short-term technology development;

(B) Emphasize innovative and renewable energy supply and energy efficient end use technologies focusing on environmental attributes, reliability, and affordability;

(C) Enhance transmission and distribution capabilities of renewable energy supply for electricity;

(D) Enhance reliability and storage capabilities of renewable energy for electricity;

(E) Ensure that research, deployment, and demonstration efforts build on existing programs and resources and are not duplicated;

(F) Address critical technical and scientific barriers to achieving energy self-sufficiency by reducing dependence on imported oil and imported energy resources;

(G) Ensure that technology used and developed for renewable energy production and distribution will be commercially viable; and

(H) Give priority to resources that are indigenous and unique to Hawaii; and

(3) Managing the portfolio of projects commissioned under this subsection. [L 2014, c 107, pt of §2]
Haw. Rev. Stat. § 304A-2157 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2157
University of Hawaii auxiliary enterprises special fund.
Status: in_force

(a) There is established the University of Hawaii auxiliary enterprises special fund. Except as otherwise provided by law, all revenues, including interest, derived and collected from the university's provision of auxiliary services shall be deposited into the University of Hawaii auxiliary enterprises special fund and shall be expended solely for the costs of providing these services. The university may establish and collect fees and charges for the costs of providing these services. The university also may transfer other funds into the University of Hawaii auxiliary enterprises special fund to offset the cost of these services. The university may establish accounts under the University of Hawaii auxiliary enterprises special fund to facilitate the administration of this fund among the various campuses and operating units of the University of Hawaii system. All expenditures from this fund shall be subject to legislative appropriation.

(b) As used in this section, "auxiliary services" means those services provided by the university to students, faculty, staff, and others that are ancillary to, but facilitate the instruction, research, and public service missions of the university and may include food services, transportation services, counseling and guidance, and laboratory animal services. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-2255 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2255
Student health center revolving fund.
Status: in_force

There is established the student health center revolving fund for the student health center from which shall be paid the cost of operations of the student health center services and that shall be replenished through charges made for medical services and other related goods and services or through transfers from other accounts or funds.
Haw. Rev. Stat. § 302A-1141 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1141
Punishment of pupils limited.
Status: in_force

No physical punishment of any kind may be inflicted upon any pupil, except as provided for under sections 302A-1141.4 and 703-309(2).
Haw. Rev. Stat. § 302A-1118 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1118
Publications by department.
Status: in_force

The department may prepare or cause to be prepared, printed, and published, such reports, pamphlets, duplicate certificates, outlines of courses, etc., as in the discretion of the department may seem advisable, and sell or dispose of the publications. All sums of money received from the sale of the publications shall be deposited to the credit of the general fund of the State.
Haw. Rev. Stat. § 304A-3009 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3009
Patents, copyrights, and other rights.
Status: in_force

Any patents, copyrights, inventions, discoveries, or other rights arising from research corporation activities shall belong to the research corporation and shall be subject to such policies or rules as the board of directors may adopt.
Haw. Rev. Stat. § 304A-1302 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1302
Functions.
Status: in_force

In addition to providing a quality education primarily through the medium of the Hawaiian language, the Hawaiian language college shall:

(1) Provide an indigenous language outreach program to involve indigenous language scholars and to maintain and develop the program's Polynesian language database;

(2) Provide a Hawaiian medium teacher training program incorporating Nawahiokalani`opu`u school and other schools, as appropriate, as laboratory schools; and

(3) Maintain a Hawaiian language support center with educational specialists in the areas of research, curriculum development, language development, archival work, and educational technology. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-1140 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1140
Religious holy days.
Status: in_force

The board shall release any public school student from school attendance for the purpose of observing religious holy days that fall on regularly scheduled school days, when the release is requested in writing by a parent, guardian, or other person having custody or control of the pupil. Actual attendance at observances shall count as an excused absence at the public schools for all purposes where attendance forms the basis of computation.
Haw. Rev. Stat. § 304A-2673 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2673
Designation and authorization of university projects, university systems, networks; authorization of revenue bonds.
Status: in_force

The designation and authorization of construction and maintenance of a university project, university system, or network, and the authorization for issuance of revenue bonds under this subpart shall be by resolution of the board by a majority of all the members of the board then in office. Any resolution may be adopted at the same meeting at which it is introduced and shall take effect immediately upon adoption.
Haw. Rev. Stat. § 302A-613 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-613
Exchange teachers and educational officers; terms of contract.
Status: in_force

(a) The superintendent may contract for the exchange of teachers and educational officers of the State with teachers and educational officers of any other state, country, or territory. Teachers and educational officers of the State so exchanged shall be paid their regular salaries. The qualifications of all teachers and educational officers from any such state, country, or territory so exchanged shall be equal to the qualifications of the teachers and educational officers exchanged by the State. In the selection of teachers and educational officers to be exchanged, preference shall be given in the following order: teachers over educational officers; principals and vice-principals over other educational officers.

(b) All teachers and educational officers so exchanged by the State shall be furnished transportation to and from the state, country, or territory with which exchanged.

(c) No compensation shall be paid by the State to teachers and educational officers exchanged from any other state, country, or territory; provided that in any case where the exchanged teacher or educational officer sent from Hawaii becomes incapacitated or, for any reason, leaves the exchange position permanently, the department may pay the visiting exchange teacher or educational officer an amount not to exceed the salary rating of the teacher or educational officer on exchange from Hawaii. The arrangement may continue until the end of the current school year or until such time as some satisfactory adjustment has been made. [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 312-12 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-12
[ §312-12] Early learning classrooms and services on public library property; authorized.
Status: in_force

[ §312-12] Early learning classrooms and services on public library property; authorized. (a) The Hawaii state public library system, in consultation and partnership with the department of human services or the executive office on early learning, may establish new early learning classrooms and contract for early learning services licensed by the department of human services or authorized by the executive office on early learning at any library under the jurisdiction of the Hawaii state public library system; provided that:

(1) The entity with which the Hawaii state public library system partners to establish a new early learning classroom shall be the same entity responsible for the oversight of that early learning classroom; and

(2) The oversight of that early learning classroom shall be conducted pursuant to administrative rules adopted by that entity.

(b) The planning, constructing, equipping, and operating of new early learning classrooms and the contracting of early learning services shall not be subject to chapters 103D or 103F. [L 2020, c 46, §17]
Haw. Rev. Stat. § 302D-23 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-23
Minimum educational data reporting standards.
Status: in_force

The board shall establish educational reporting standards that shall include minimum standards for reporting fiscal, personnel, and student data, by means of electronic transfer of data files from charter schools to the department. The minimum standards established by the board shall include but not be limited to data required for the department, as the state education agency, to meet all applicable federal reporting requirements.
Haw. Rev. Stat. § 305J-14 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-14
Financial integrity; surety bond.
Status: in_force

( a ) A private college or university shall provide evidence of financial integrity at the time of its application for authorization. A private college or university may demonstrate financial integrity by meeting the criteria specified in [ subsection ] ( b ) , ( c ) , or (d) .

( b ) A private college or university may demonstrate financial integrity if it:

(1) Has been accredited for at least ten years;

(2) Has operated continuously in the State for at least ten years;

(3) Has not filed for bankruptcy protection pursuant to title 11 of the United States Code;

(4) Maintains a composite score of at least 1.5 on its equity, primary reserve, and net income ratios, as required in title 34 Code of Federal Regulations section 668.172; and

(5) Meets or exceeds the pro rata refund policies required by the United States Department of Education in title 34 Code of Federal Regulations part 668; provided that if it does not participate in federal financial aid programs, its refund and termination procedures shall comply with the requirements of its accrediting body;

provided that a private college or university is not required to meet the criteria specified in paragraphs (1) and (2) if the private college or university is part of a group of private colleges or universities that is owned and operated by a common owner and the other private colleges and universities meet the criteria specified in paragraphs (1) and (2).

( c ) A private college or university may also demonstrate financial integrity if it:

(1) Has received and maintains full accreditation without sanction from an accrediting body that is recognized by the United States Department of Education, and which accrediting body requires the private college or university to maintain a surety bond or an escrow account or has affirmatively waived or otherwise removed that requirement for the private college or university;

(2) Operates an instructional facility in the State;

(3) Annually provides to the department audited financial statements for the most recent fiscal year that demonstrate that the private college or university maintains positive equity;

(4) Maintains a composite score of at least 1.5 on its equity, primary reserve, and net income ratios, as required in title 34 Code of Federal Regulations section 668.172; and

(5) Meets or exceeds the pro rata refund policies required by the United States Department of Education in title 34 Code of Federal Regulations part 668; provided that if it does not participate in federal financial aid programs, its refund and termination procedures shall comply with the requirements of its accrediting body.

( d ) If a private college or university cannot demonstrate financial integrity as provided in subsections ( b ) and ( c ), the private college or university shall file with the director a surety bond in favor of the State in an amount described under subsection ( f ) prior to receiving authorization under this chapter. The surety bond shall be executed by the private college or university as the principal by a surety company authorized to do business in the State and shall run concurrently with the authorization period and any period of reauthorization, unless terminated or canceled by the surety company .

( e ) The surety bond under subsection (d) shall be conditioned to provide indemnification to any student or enrollee, or to any parent or legal guardian of a student or enrollee, whom the director finds to have suffered a loss of tuition or fees as a result of any act or practice that is a violation of this chapter and to provide alternative enrollment as provided in section 305J- 15 for students enrolled in a private college or university that ceases operation.

( f ) The amount of the surety bond that a private college or university submits pursuant to subsection (d) shall be the greater of $50,000 or an amount equal to a reasonable estimate of the maximum prepaid, unearned tuition and fees of the private college or university, excluding prepaid tuition revenue that consists of government grants or federal student loans and grants authorized under title IV of the Higher Education Act of 1965, 20 United States Code 1070 et seq. for the period or term during the applicable academic year for which programs of instruction are offered, including but not limited to programs offered on a semester, quarter, monthly, or class basis; provided that the private college or university shall use the period or term of greatest duration and expense in determining this amount if its academic year consists of one or more periods or terms. Following the initial filing of the surety bond with the department, the private college or university shall recalculate the amount of the surety bond annually based on a reasonable estimate of the maximum prepaid, unearned tuition and fees received by the institution for the applicable period or term.

(g) The authorization for a private college or university shall be suspended by operation of law when it is no longer covered by a surety bond as required by this section. After receipt of a notice of cancellation from the surety, t he department shall give written notice to the private college or university at its last-known address, at least forty-five days prior to the release of the surety bond, to the effect that the private college or university's authorization is suspended by operation of law until it files evidence of a surety bond in a like amount as the surety bond being released.

( h ) The principal on a surety bond filed under the provisions of this section shall be released from the surety bond after the principal serves written notice thereof to the department at least sixty days prior to the release. The release shall not discharge or otherwise affect a claim filed by a student or enrollee or the student or enrollee's parent or legal guardian pursuant to section 305J- 15 for a loss of tuition or fees that occurred while the surety bond was in effect or that occurred under any note or contract executed during any period of time when the surety bond was in effect, except when another surety bond is filed in a like amount and provides indemnification for any such loss.

( i ) Each private college or university that files a surety bond pursuant to this section shall provide in a report to the department annual verification of continued coverage as required by this section no later than January 1 of each year.

( j ) A seminary or religious training institution shall not be subject to the requirements of this section. [L 2013, c 180, pt of §2; am L 2014, c 13 , § 1 ]
Haw. Rev. Stat. § 304A-1904 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1904
Violations; penalties; costs; collection.
Status: in_force

(a) In consultation with the office of Hawaiian affairs, the board of regents may set and provide for the assessment and collection of administrative fines for violations of this subpart or rules adopted hereunder; provided that the fines shall be set as follows:

(1) For the first violation, not more than $2,500;

(2) For the second violation within five years of a previous violation, not more than $5,000; and

(3) For the third violation within five years of a prior violation and any subsequent violation, not more than $10,000.

(b) Each day that the violation continues shall constitute a separate offense.

(c) The costs of any enforcement proceedings, including the costs of contested case proceedings, may be assessed against a party found to be in violation.

(d) Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 2009, c 132, pt of §2]
Haw. Rev. Stat. § 304A-2678 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2678
Execution and validity of revenue bonds.
Status: in_force

Revenue bonds issued under this subpart shall bear the manual signatures or facsimile of the signatures of the chairperson and secretary of the board, and shall be sealed with the seal of the board or in lieu thereof shall bear a facsimile of seal. If the board designates a registrar other than itself for the revenue bonds, the resolution authorizing the revenue bonds may provide that none of the revenue bonds shall be valid or obligatory for any purpose unless authenticated by the registrar. If the resolution provides, all signatures of the board upon the revenue bonds may be facsimiles of the signatures, and the revenue bonds shall be valid and obligatory only if authenticated by the manual signature of an authorized officer or signatory of the registrar. Revenue bonds bearing the signature of officers in office at the date of the signing thereof shall be valid obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers. The validity of the bonds shall not depend on or be affected by the validity or regularity of any proceedings relating to the construction or maintenance of the university project, university system, or network for which the revenue bonds were issued. The resolution authorizing the issuance of revenue bonds may provide that the bonds shall contain a recital that they are issued pursuant to this subpart, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Haw. Rev. Stat. § 305J-12 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-12
Requirements to maintain authorization.
Status: in_force

(a) Authorization by the director shall be conditioned on the maintenance of accreditation by the institution and compliance with section 305J-14. Authorization shall be automatically suspended effective as of the date of the cancellation or expiration of accreditation or the cancellation or expiration of the surety bond if a surety bond was filed with the department. The director shall not reinstate the affected institution until satisfactory proof of compliance is submitted to the department. Failure to reinstate a suspended authorization within sixty days of suspension shall result in the termination of the authorization, and the institution shall forfeit all fees and shall be required to apply for authorization as a new applicant.

(b) An institution's authorization shall be placed on probationary status without further action by the department in the event that:

(1) The institution is placed on probationary status by its accrediting agency, contemporaneous with the action of such agency;

(2) The institution's accrediting agency ceases to be recognized by the United States Department of Education; or

(3) In the case of a seminary or religious training institution, the seminary or religious training institution no longer meets the definition of such under this chapter.

(c) An institution may, within fifteen days of the receipt of the notification of probation under this section, request an administrative hearing for review pursuant to chapter 91.

(d) If an institution's authorization is revoked due to the institution's loss of accreditation, the institution shall provide written notice to all students within thirty days following the date of revocation.

( e ) A private college or university, seminary, or religious training institution that is authorized pursuant to this chapter shall:

(1) Not make or cause to be made any oral, written, or visual statement or representation that violates section 305J-11(b);

(2) Provide the department with a copy of its enrollment agreement, if applicable, in accordance with its reauthorization schedule;

(3) Provide bona fide instruction, in accordance with the standards and criteria set by its accrediting body; and

(4) If its ownership changes, provide the department with any material information concerning the transaction at least thirty days prior to the transaction. [L 2013, c 180, pt of §2]
Haw. Rev. Stat. § 304A-2005 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2005
Special and revolving funds; management.
Status: in_force

In managing special and revolving funds under its control, the board of regents shall ensure that:

(1) The purposes for which special and revolving funds are expended, encumbered, or transferred benefit those upon whom fees and charges are imposed through these funds; and

(2) Fees and charges are fair and equitable with respect to the level and quality of services provided to those upon whom fees and charges are imposed. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302L-2 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-2
Early learning system.
Status: in_force

There is established an early learning system that shall ensure a spectrum of high-quality early learning opportunities for children throughout the State, from prenatal care until the time they enter kindergarten, with priority given to underserved or at-risk children. The early learning system shall be developed and administered by the executive office on early learning to the extent permissible by law. The early learning system shall:

(1) Be widely accessible and voluntary for both those served and program and service providers;

(2) Be a cohesive, comprehensive, and sustainable system in which:

(A) All existing early learning programs and services, whether publicly- or privately-run, which consist of a variety of early learning approaches, service deliveries, and settings, including center-based programs, family child care programs, family-child interaction learning programs, and home-based instruction programs designed to promote early learning, are coordinated, improved, and expanded;

(B) Public and private resources are maximized; and

(C) The use of public facilities for either publicly- or privately-run early learning programs is maximized;

(3) Provide high-quality early learning experiences with:

(A) Standards-based content and curriculum, and accountability; and

(B) Sufficient numbers of well-qualified educators and administrators who are fairly compensated and have access to continuing professional development;

(4) Offer opportunities for family and community engagement and parent education and support; and

(5) Be sensitive to family choice and cultural diversity. [L Sp 2008, c 14, pt of §2; am L 2012, c 178, §11; am L 2017, c 202, §6]
Haw. Rev. Stat. § 302A-1803 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1803
Duties of the student conference committee.
Status: in_force

It shall be the duty of the student conference committee, under the guidance of the student conference advisory committee, to:

(1) Plan and coordinate all phases of the annual conference of secondary school students;

(2) Set the theme, scope, and format of the conference;

(3) Set the agenda of the conference;

(4) Determine the number of participants;

(5) Plan and provide for food, lodging, and the transportation of all participants;

(6) Evaluate the worth and effectiveness of the conference; and

(7) Consider and act on any other matter relevant to or necessary to effectuate the purpose of this part. [L 2013, c 156, pt of §1]
Haw. Rev. Stat. § 302A-1112 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1112
Rules.
Status: in_force

Subject to chapter 91, the board may adopt rules for the government of all teachers, educational officers, other personnel, and pupils, and for carrying out the transaction of its business.
Haw. Rev. Stat. § 302A-703 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-703
Educational officers, salary incentives.
Status: in_force

(a) The salary ranges for principal and vice-principal positions shall be determined by the board, based on the position classification/compensation plan approved by the board and salary incentives designed to:

(1) Keep exemplary principals and vice-principals at the school level;

(2) Encourage exemplary principals and vice-principals to accept long-term assignments to hard-to-staff schools, special needs schools, and schools with high teacher turnover;

(3) Encourage exemplary teachers to become vice-principals;

(4) Encourage exemplary vice-principals to become principals; and

(5) Encourage exemplary educational officers to become vice-principals.

(b) The department shall develop a definition of "exemplary" in consultation with the appropriate collective bargaining representative.

Salary ranges and salary incentives for educational officer positions shall be subject to the requirements of section 302A-625. [L 2001, c 256, pt of §1; am L 2016, c 87, §3]
Haw. Rev. Stat. § 302A-416 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-416
Driver education fee.
Status: in_force

The board may assess a fee for each student enrolling in the driver education program. All such fees collected shall be deposited into the state treasury to the credit of the general fund.
Haw. Rev. Stat. § 302H-7 — HI Code / Division 1 / Title 18 / Chapter 302H / Section 302H-7
Collaboration.
Status: in_force

The department of education shall work collaboratively with the Hawaiian language college of the University of Hawaii at Hilo and any other entities recognized by the legislature for the purpose of addressing Hawaiian language medium education, extending to those entities support for inclusion in the special provisions for children and families enrolled in the Hawaiian language medium education program of the department and maximizing the joint use of existing and new resources to meet the goal of revitalizing, maintaining, and strengthening the Hawaiian language.
Haw. Rev. Stat. § 302A-702 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-702
Candidates for certification.
Status: in_force

(a) There is created in the department, a national board certification support program to provide assistance to any teacher in a public school who becomes a candidate for national board certification.

(b) The Hawaii teacher standards board shall develop, implement, and administer the program. [L 2001, c 314, §2]
Haw. Rev. Stat. § 302A-405.6 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-405.6
Farm to school meals.
Status: in_force

(a) The department shall ensure that by January 1, 2030, fresh local agricultural products and local value-added processed, agricultural, or food products shall constitute a minimum of thirty per cent of the total food purchased during each calendar year, as measured by the per cent of total food cost.

(b) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2022, containing the following information:

(1) The status of the department's progress in meeting the local farm to school meal goal;

(2) The percentage of food served in public schools that consists of locally sourced products, by county, as measured by the percentage of the total cost of food;

(3) The costs associated with the farm to school meals program and any savings realized;

(4) A list of all large purchases of locally sourced products and the identity of the seller;

(5) A list of meals on a school menu consisting of the largest percentage of locally sourced products, as measured by the percentage of the total cost of food;

(6) The percentage of fresh food served, by county, as measured by the percentage of the total cost of food;

(7) The percentage of processed food served, by county, as measured by the percentage of the total cost of food;

(8) A description of the training conducted to prepare cafeteria staff for cooking meals from scratch; and

(9) The percentage of locally sourced products purchased from the department's largest distributors, as measured by the percentage of the total cost of food.

(c) For the purposes of this section:

"Fresh local agricultural products" means fruits, vegetables, nuts, coffee, eggs, poultry and poultry products, livestock and livestock products, milk and milk products, aquacultural and maricultural products, and horticultural products that are one hundred per cent grown, raised, and harvested in Hawaii.

"Local value-added processed, agricultural, or food products" means at least fifty-one per cent of the product's primary agricultural product shall be grown, raised, and harvested in Hawaii.

"Locally sourced products" means fresh local agricultural products or local value-added processed, agricultural, or food products.

"Primary agricultural product" means the major agricultural product in a processed or value-added agricultural or food product. [L 2021, c 175, pt of §2; am L 2025, c 137, §3]
Haw. Rev. Stat. § 311D-2 — HI Code / Division 1 / Title 18 / Chapter 311D / Section 311D-2
[ §311D-2] State council.
Status: in_force

[ §311D-2] State council. There is established within the board of education for administrative purposes the state council on educational opportunity for military children. The board of education shall establish the state council, as required by article VIII of the compact. The membership of the state council shall include, at a minimum:

(1) The superintendent of education or the superintendent's designee;

(2) The complex area superintendents of the administrative districts that contain the Leilehua, Radford/Moanalua, and Kalaheo school complexes;

(3) A complex area superintendent from the Leeward district;

(4) The military liaison from the department of education;

(5) A uniformed military representative from the United States Pacific Command;

(6) One installation-level uniformed military representative from each branch of service of the Air Force, Army, Marine Corps, Navy, and Coast Guard;

(7) The governor or the governor's designee;

(8) The chairperson of the senate education committee or the chairperson's designee;

(9) The chairperson of the house education committee or the chairperson's designee; and

(10) Other offices and stakeholder groups the state council deems necessary.

Members of the state council may delegate voting authority to another person for a specified meeting or meetings. The state council shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the state council, unless either is already a full voting member of the state council.

The council shall establish policies and procedures governing its operations but subject to the open meeting requirements of chapter 92. [L 2009, c 152, pt of §1; am L 2011, c 82, pt of §1]
Haw. Rev. Stat. § 302A-1130 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1130
Public schools special fees and charges.
Status: in_force

(a) The department may assess and collect special fees and charges from students for co-curricular activities.

(b) Special fees and charges collected from students for co-curricular activities shall be deposited into insured checking or savings accounts and expended by each individual school. [L 1996, c 89, pt of §2; am L 2003, c 187, §9; am L 2004, c 220, §4; am L 2012, c 133, §17]
Haw. Rev. Stat. § 304A-1969 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1969
Biennial report.
Status: in_force

No later than twenty days prior to the convening of the regular session of each odd-numbered year, the University of Hawaii shall submit a report to the legislature concerning:

(1) All funds deposited into the university innovation and commercialization initiative special fund and a detailed description of the use of those funds;

(2) Coordinated efforts between the innovation and commercialization initiative program and other state agencies, including the Hawaii technology development corporation, the Hawaii strategic development corporation, and the Hawaii state energy office, to move the State's innovation goals forward, and to more efficiently and effectively utilize resources to achieve these outcomes; and

(3) A disclosure, including its conflict of interest management plan, of all conflicts of interest of any employee relating to its activities conducted pursuant to this subpart. [L Sp 2021, c 8, pt of §10, §16; am L 2024, c 116, §1]
Haw. Rev. Stat. § 304A-2260 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2260
University of Hawaii graduate application revolving fund.
Status: in_force

There is established the University of Hawaii graduate application revolving fund for graduate program application processing. The board of regents may establish appropriate charges for application processing. The revenues from the charges shall be deposited into this revolving fund and shall be used to pay the costs of processing applications to all graduate programs.
Haw. Rev. Stat. § 302A-1151.1 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1151.1
Pilot program for lease of public school land.
Status: in_force

(a) There shall be established within the school facilities authority a pilot program for the lease of public school land, including facilities. The school facilities authority, in consultation with any other appropriate agency, shall serve as the facilitator of the pilot program.

(b) Notwithstanding sections 171-13 and 302A-1151, or any other law to the contrary, the school facilities authority may lease public school land on terms it deems appropriate, including a leaseback of all or a portion of the improvements constructed; provided that:

(1) The school facilities authority may identify and select up to five public school land sites as candidates for participation in the pilot program; provided that:

(A) During the identification and selection process, the school facilities authority shall be subject to chapter 92, shall hold at least one public meeting in each affected community, and shall foster school and community participation; and

(B) If the site is on land owned by the county, the school facilities authority shall consult with the county;

(2) The school facilities authority may lease public school land for no more than three public school land sites identified and selected by the school facilities authority pursuant to paragraph (1) under leases for a term of not more than ninety-nine years per lease, to lessees who shall be required to modify, construct, or utilize facilities to benefit public educational purposes, in accordance with specific request for proposal or request for information guidelines;

(3) Each lease shall stipulate that the lessee may retain any revenue generated from the facilities; provided that:

(A) The lessee shall be obligated to maintain and operate the facilities to benefit public educational purposes for the length of the lease;

(B) The lessee shall be obligated to pay to the county all applicable property tax on the value of any improvements;

(C) A leasehold premium may be charged to the lessee for the right to use the public school land based on a competitive process that complies with applicable sections of chapter 103D;

(D) Upon the expiration of the lease, the facilities shall revert to the school facilities authority; and

(E) All revenues and proceeds derived by the State under this section shall be deposited in the school facilities subaccount pursuant to section 302A-1151.2; and

(4) Notwithstanding any law to the contrary, the school facilities authority may enter into leaseback agreements that allow the school facilities authority to lease or sublease the property to a third party. The school facilities authority may lease back the property from the third-party lessee or sublessee for a contractual period of time, after which the school facilities authority shall own any improvements.

(c) Any redevelopment involving nonschool purposes shall:

(1) Comply with county plans, ordinances, and zoning and development codes; and

(2) Acquire all required government approvals and permits.

(d) Nothing in this section shall preclude the school facilities authority from working with and receiving assistance from any other department or agency in carrying out the purposes of this section.

(e) Any lease entered into by the school facilities authority pursuant to subsection (b) shall be fully executed no later than ten years from July 1, 2013.

(f) For purposes of this section, public educational purposes shall include but are not limited to:

(1) A new revenue source from the redevelopment of one or more underutilized school facilities authority facilities;

(2) New construction of school facilities authority facilities or renovation of existing, underutilized school facilities authority facilities into a twenty-first century school; or

(3) A combination of paragraphs (1) and (2). [L 2013, c 155, pt of §2; am L 2015, c 115, §1; am L 2017, c 206, §4; am L 2019, c 272, §2; am L 2021, c 217, §13; am L 2023, c 165, §2]
Haw. Rev. Stat. § 302A-1905 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1905
Administrative rules.
Status: in_force

The department shall adopt rules pursuant to chapter 91 for the purposes of this part. Rules adopted pursuant to this section shall address, at minimum:

(1) An application process for a mark licensing agreement;

(2) Standards for potential licensees and selection criteria;

(3) The appropriateness and quality of proposed licensed products and uses;

(4) The assessment and collection of fees;

(5) The disposition of fees and royalties;

(6) An appeals process for an application for mark licensing that is denied; and

(7) A process to revoke or suspend a mark licensing agreement. [L 2017, c 140, pt of §1]
Haw. Rev. Stat. § 304A-1964 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1964
Confidentiality of trade secrets; disclosure of financial information.
Status: in_force

Any documents or data made or received by the University of Hawaii under this subpart, to the extent that the material or data consist of trade secrets or confidential commercial or financial information that may be withheld from public disclosure under chapter 92F, shall not be publicly disclosed; provided that if the university purchases a qualified security, the nonconfidential commercial and financial information regarding that security shall be a public record of the university. The board of regents, or any subcommittee of the board, may hold an executive session as provided in section 92-4 to discuss trade secrets or confidential commercial or financial information that may be withheld under chapter 92F. [L Sp 2021, c 8, pt of §10, §16; am L 2024, c 116, §1]
Haw. Rev. Stat. § 302A-433 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-433
Scope of adult and community education programs offered.
Status: in_force

As rapidly as resources are available and interest is developed, instructional programs shall be initiated in the following fields:

(1) Basic elementary education. A foundation program in reading and speaking English, writing, and arithmetic for persons with no schooling or only primary grade training;

(2) Advanced elementary education. A program in advanced elementary education for those persons who have completed four to eight years of schooling and who desire to obtain more complete mastery of the fundamentals;

(3) Secondary education. A program of secondary education for those adults who, in youth, left school or for some reason had their education curtailed and who now desire to continue their education; for those youths who have been excepted from compulsory attendance under section 302A-1132; and for those youths who are in need of courses to complete their high school graduation requirements;

(4) Adult literacy education. A basic program in reading and writing English, and arithmetic for persons who need to develop or improve their mastery of basic literacy skills in these areas for purposes of enhancing their personal, social, or employment lives;

(5) Homemaking and parent education. A program in homemaking and parent education for all those parents and other adults who desire training in family life, including child care, nursing, budgeting, and other instruction basic to homemaking;

(6) Community education. A program to facilitate understanding and enlightenment in civic duties, responsibilities, and obligations for all persons who desire to keep pace with today's community, national, and world developments and who realize the necessity of continuing study for the adequate fulfillment of their civic functions. Community education addresses responsibilities within a given community, especially concerns related to education and the schools, and offers additional services to supplement and enrich the educational program of in-school children and youths;

(7) Naturalization training. The standard course of training provided by the United States Citizenship and Immigration Services, which shall be provided to all those persons who have filed applications for United States citizenship and desire to enroll in such a course under the supervision of the department; and

(8) Cultural opportunities. A program of adult and community education that will meet the interests and desires of those people who wish to enrich and to broaden their cultural, recreational, and social interests. [L 1996, c 89, pt of §2; am L 2005, c 22, §13]
Haw. Rev. Stat. § 304A-1753 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1753
Contract necessary for filling of positions.
Status: in_force

In order to fill a position under this subpart, a person shall enter into a contract with the school of medicine of the University of Hawaii stating that the person:

(1) Agrees to participate in the residency program for the minimum period required to qualify for the licensure examination under chapter 453;

(2) Agrees to obtain a permanent license to practice medicine and surgery or osteopathy under chapter 453 as soon as possible following termination of participation in the residency program;

(3) Agrees to serve for two years as:

(A) An officer or employee of the department of corrections and rehabilitation who is based in a correctional facility and whose normal course of duty requires medical treatment of inmates of the facility, another correctional facility, or both; or

(B) An officer or employee of the department of health who is employed to provide primary medical care to residents of and to be based in a rural community with a shortage of physicians; and

(4) Agrees to commence fulfilling the requirement under paragraph (3) immediately following the termination of participation in the residency program and licensure. [L 2006, c 75, pt of §2; am L 2009, c 11, §30; am L 2022, c 278, §29]
Haw. Rev. Stat. § 304A-2165 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2165
State aquarium special fund.
Status: in_force

There is established the state aquarium special fund into which shall be deposited all revenues derived from all fees for admission and all fees for the use of aquarium facilities and programs collected in conjunction with the operation of the state aquarium. The special fund may be deposited in depositories other than the state treasury; provided that the university:

(1) Informs the director of finance of the depositories in which moneys from the special fund have been deposited; and

(2) Submits copies of annual statements from each of the depositories in which the moneys from the special fund are deposited.

Moneys deposited in this fund shall be expended for the operation of the state aquarium. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-1004.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1004.5
[ §302A-1004.
Status: in_force

[ §302A-1004.5] Accurate data reporting. (a) The department shall establish a standardized data collection process for schools and complex areas to maintain records and report data to the department. The department shall implement a process to:

(1) Review the accuracy of data reported by schools and complex areas;

(2) Coordinate with the state public charter school commission regarding the collection, analysis, and dissemination of this data from public charter schools; and

(3) Analyze and publish the data collected.

(b) The department shall annually review all data that has been collected pursuant to state and federal law and certify the accuracy of the data. [L 2020, c 76, §2]
Haw. Rev. Stat. § 302A-707 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-707
Felix stipend program special fund.
Status: in_force

(a) There is established the Felix stipend program special fund, into which shall be deposited all moneys received as repayment from students due to a breach in contractual agreements under the Felix stipend program, which offers tuition waivers for qualified candidates who enroll at the University of Hawaii in special education teacher programs at the undergraduate, post-baccalaureate, and graduate levels in exchange for their agreement to work for the department for a period of three to five years immediately following completion of their teacher preparation program.

(b) The special fund shall be administered and used by the department to provide ongoing funding for the provision of tuition assistance to students for the Felix consent decree recruitment and retention program, or any successor programs, and related costs. [L 2007, c 276, §2]
Haw. Rev. Stat. § 302A-1148 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1148
Use of school facilities and grounds.
Status: in_force

(a) All public school buildings, facilities, and grounds shall be available for general recreational purposes, and for public and community use, whenever these activities do not interfere with the normal and usual activities of the school and its pupils. Any other law to the contrary notwithstanding, the department shall adopt rules under chapter91 as are deemed necessary to carry out the purposes of this section and may issue licenses, revocable permits, concessions, or rights of entry to school buildings and grounds for such periods of use as deemed appropriate by the department. All such dispositions, including those in excess of fourteen days, need not be approved by the board of land and natural resources; provided that approval by the board of land and natural resources shall be required when the dispositions are for periods in excess of a year. The department may assess and collect fees and charges from the users of school buildings, facilities, grounds, and equipment, which include fees and charges assessed and collected by the department for parking on roadways and in parking areas under the jurisdiction of the department, pursuant to section 302A-1151.6. The fees and charges shall be deposited into a separate fund and expended by the department under rules as may be adopted by the board; provided that any parking fees assessed and collected by a school shall be deposited to the credit of that school's nonappropriated local school fund account.

(b) A separate subaccount of the fund established pursuant to subsection (a), to be known as the school facilities subaccount, shall be established for all proceeds from the leases, permits, interest income generated from public school lands, and other revenue generated from the nonpermanent disposition of public school lands, including facilities, pursuant to section 302A-1151.1. The subaccount shall be governed by section 302A-1151.2 . [L 1996, c 89, pt of §2; am L 2010, c 190, §3; am L 2013, c 155, §3]
Haw. Rev. Stat. § 304A-119 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-119
University of Hawaii; net-zero energy goal.
Status: in_force

(a) The University of Hawaii shall establish a collective goal of becoming net-zero with respect to energy use, producing as much energy as the system consumes across all campuses, by January 1, 2035.

(b) The University of Hawaii shall establish a benchmark for the amount and value of energy consumed during the 2014-2015 fiscal year, against which it shall measure its progress toward the net-zero energy goal set forth in subsection (a).

(c) The University of Hawaii shall make improvements that advance the net-zero energy goal set forth in subsection (a) a priority.

(d) The University of Hawaii shall submit an annual report to the legislature no later than twenty days before the convening of each regular session. The annual report shall include the following information:

(1) Overall progress toward the net-zero energy goal set forth in subsection (a);

(2) Plans and recommendations to advance the net-zero energy goal set forth in subsection (a). [L 2015, c 99, §2]
Haw. Rev. Stat. § 304A-1003 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1003
Faculty members; exchange privileges; conditions.
Status: in_force

(a) The board of regents may contract for the exchange of members of the faculty of the university with members of the faculties of colleges or universities located without the State or the United States. Local members of the faculty so exchanged shall be paid their regular salaries out of the funds appropriated for the pay of members of the faculty of the university. The qualifications of all members of the faculties of the colleges or universities located without the State or the United States so exchanged shall be equal to those of local members of the faculty exchanged. Any provision of law to the contrary notwithstanding, the requirements of citizenship and residence shall not apply to any member of the faculty coming to the State from any foreign state, country, or territory under any such contract of exchange.

All members of the faculty so exchanged by the State 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 members of the faculties exchanged from colleges or universities located without the State or the United States; provided that in any case where the local exchanged member of the faculty becomes incapacitated or, for any reason, leaves the exchange position permanently, the board may pay the visiting member of the faculty an amount not to exceed the salary rating of the local exchanged member of the faculty, such an arrangement to continue until the end of the period of exchange or until such time as some adjustment satisfactory to the board has been made. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-1151 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1151
Sale of school lands unnecessary for school purposes.
Status: in_force

The chairperson of the board of land and natural resources is hereby requested, upon the recommendation and approval of the superintendent, to sell any state lands, including the buildings thereon, once used but no longer necessary for school purposes; provided that no school facility or portion of a school facility shall be sold before that facility or portion of the facility is made available for use by the department or charter schools, pursuant to sections 302A-1151.5 and 302D-24.
Haw. Rev. Stat. § 302A-439 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-439
Eligibility standards.
Status: in_force

The eligibility of exceptional children for instruction, special facilities, and special services shall be determined in accordance with those standards established by the department.
Haw. Rev. Stat. § 302A-1155 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1155
Provisional attendance at school.
Status: in_force

(a) A child may attend school provisionally upon submitting written documentation from a licensed physician, physician assistant, advanced practice registered nurse, or an authorized representative of the department of health stating that the child is in the process of receiving the required immunizations. Further documentation showing that the required immunizations have been completed shall be submitted to the appropriate school official no later than three months after the child first attends the school. If all of the required immunizations cannot be completed within three months due to the length of the minimum intervals between doses of a particular vaccine required by the department of health, provisional attendance may be extended so long as the child's parent or guardian provides documentation that appointments for required immunizations have been made and that progress toward completing the immunizations continues in accordance with the requirements of the department of health.

(b) Provisional attendance at school may be suspended by the department of health when there is danger of an epidemic from any of the communicable diseases for which immunization is required. [L 1996, c 89, pt of §2; am L 1997, c 217, §1; am L 1998, c 60, §2; am L 2000, c 109, §2; am L 2009, c 151, §8; am L 2014, c 16, §4 and c 232, §12]
Haw. Rev. Stat. § 312-3.7 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-3.7
Friends of the library of Hawaii program fund.
Status: in_force

(a) There is established as a separate fund of the Friends of the Library of Hawaii, a Hawaii nonprofit corporation, the friends of the library of Hawaii program fund. All moneys contributed to the fund, including income and capital gains earned therefrom, shall be used exclusively for state library programs as defined in the articles, bylaws, resolutions, and other instruments executed on behalf of the Friends of the Library of Hawaii or by the state librarian. The fund may receive any and all types of private contributions, and the income and capital gains earned by the fund; provided that moneys or properties donated for library use and patrons' deposits shall be deposited and accounted for in accordance with rules adopted by the comptroller. The fund shall be subject to the following restrictions:

(1) All moneys, and the income and capital gains earned by investment of those moneys, shall be expended only for the support of state library programs; and

(2) Other restrictions imposed by the legislature with respect to the transfer or appropriation of moneys.

(b) Any moneys deposited in the fund, and any income and capital gains earned therefrom, not used for state library programs, shall be invested in accordance with the provisions of the articles, bylaws, resolutions, or other instruments executed on behalf of the Friends of the Library of Hawaii, and in a manner intended to maximize the rate of return on investment of the fund.

(c) If the fund is terminated or the Friends of the Library of Hawaii is dissolved, all moneys, including the income and capital gains earned by the investment of moneys, shall be distributed in accordance with the articles and bylaws of the Friends of the Library of Hawaii.

(d) The Friends of the Library of Hawaii shall require an annual audit of the fund, the results of which shall be submitted to the board of education and the legislature not more than thirty days after receipt by the Friends of the Library of Hawaii. The Friends of the Library of Hawaii shall retain for a period of three years, any documents, papers, books, records, and other evidence that is pertinent to the fund, and permit inspection or access thereto by the board of education, the state librarian, the department of accounting and general services, state legislators, and the state auditor, or their duly authorized representatives.

(e) The purpose of this section is to create by statute a private charitable fund to financially support state library programs. The fund shall be subject to the terms and conditions provided in this section. The fund shall not be placed in the state treasury and the State shall not administer the fund nor be liable for its operation or solvency. The fund shall be a private charitable account in a federally insured financial institution with such account being held in the name of the Friends of the Library of Hawaii. [L 1993, c 328, §1; am L 2000, c 4, §2; am L 2012, c 308, §3; am L 2018, c 171, §3]
Haw. Rev. Stat. § 304A-3207 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3207
Payment of costs.
Status: in_force

The authority conferred by section [304A-3206] shall be exercised only pursuant to written agreement between the commission and an agency of the State having responsibility for or duties with respect to programs for assisting residents of the State to obtain higher education. Any such agreement shall include provisions for the payment of tuition and any other costs, and no such agreement shall be made that commits the State or any agency or officer thereof to any obligation for which funds have not been appropriated or otherwise made available in accordance with law.
Haw. Rev. Stat. § 302D-39.5 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-39.5
[ §302D-39.
Status: in_force

[ §302D-39.5] Schools exclusively offering prekindergarten programs; statutory requirements; exemptions. Notwithstanding any other law to the contrary, any public charter school that exclusively offers prekindergarten programs shall be subject to this chapter, and shall be exempt from sections 302D-28(a), (c), (e), and (f); 302D-29; 302D-31; 302D-34(c); 302D-40; and 302D-41.
Haw. Rev. Stat. § 302A-1147 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1147
Use of school grounds by county recreation departments.
Status: in_force

The board, upon request by a county, shall make school grounds available after school hours in the county where the request is made, for use by the county requesting the same whenever this can be done without interference with the normal and usual activities of the school and its pupils.
Haw. Rev. Stat. § 302A-125 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-125
Board of education; vacancies.
Status: in_force

(a) The governor shall notify the senate in writing within ten days of:

(1) Removing a member of the board; or

(2) Receiving notification that a member of the board is resigning or has died;

provided that any vacancy shall be filled by appointment by the governor, with the advice and consent of the senate, in accordance with sections 302A-121, 302A-122, 302A-123, 302A-126, and 302A-127.

(b) Where the chairperson position becomes vacant, the governor may nominate a sitting member of the board to the chairperson position in accordance with subsection (a) and shall fill any resulting vacancy in accordance with subsection (a). [L 2011, c 5, pt of §2]
Haw. Rev. Stat. § 312-3.6 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-3.6
Libraries special fund.
Status: in_force

(a) There is established in the state treasury a libraries special fund into which shall be deposited all moneys collected pursuant to section 312-3.5, and all moneys designated to be paid to this fund pursuant to section 235-102.5(c).

(b) The fund shall be administered by the state librarian who shall, unless otherwise directed by the library advisory committee, disburse to each public library, the amount commensurate with the moneys received from the library under section 312-3.5 over the previous fiscal period. Allocations shall be made in quarterly installments within thirty days of the end of each calendar quarter.

(c) Moneys allocated from the libraries special fund to the public libraries shall be used to purchase books or other library materials. Each public library may post on a bulletin board or other appropriate place a list of the purchases made from the special fund in the preceding quarter.

(d) The state librarian shall submit an annual report on the status of the libraries special fund, to include information regarding:

(1) Deposits into the fund and the source of these revenues;

(2) Allocations to each public library, including allocations established for both the fiscal year covered by the annual report and the subsequent fiscal year;

(3) Descriptions and amounts of expenditures made from the fund;

(4) Balances remaining on June 30 of each year;

(5) Financial information regarding receipt sources by individual libraries; and

(6) Actual expenditure of receipts by individual libraries;

provided that this report shall be submitted to the legislature and to the governor, or the director of finance if so delegated by the governor, no later than twenty days prior to the convening of each regular session of the legislature.

[(e)] The state librarian may receive privately donated moneys and use such moneys in any of the library system's accounts or funds to support the operations of the library system, including the payment of staff salaries and expenses related to operations of library facilities; provided that the donor is advised that the donated moneys may be used for these purposes. [L 1989, c 129, §3; am L 1993, c 280, §30; am L 1999, c 45, §1; am L 2003, c 193, §§3, 4]

Revision Note
Haw. Rev. Stat. § 302A-1403 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1403
Authority to secure federal funds.
Status: in_force

The department, the state public charter school commission, a charter school authorizer, director of finance, and governor may take such steps and perform such acts as may be necessary or proper to secure any such federal funds for the purposes specified in sections 302A-1401 and 302A-1402.
Haw. Rev. Stat. § 304A-103 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-103
University to be public corporation; general powers.
Status: in_force

The University of Hawaii is established as the state university and is constituted as a body corporate. The university, under the direction of the board of regents, shall have the following general powers:

(1) To adopt, amend, and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law;

(2) To acquire in any lawful manner any property, real, personal, or mixed, tangible or intangible, or any interest therein; to hold, maintain, use, and operate that property; and to sell, lease, or otherwise dispose of that property at such time, in such manner, and to the extent deemed necessary or appropriate to carry out its purposes;

(3) To enter into and perform contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its business and on terms it may deem appropriate, with any agency or instrumentality of the United States, with any state, territory, or possession, or with any political subdivision thereof, or with any person, firm, association, or corporation;

(4) To determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to the university;

(5) To execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers; and

(6) To take such actions as may be necessary or appropriate to carry out the powers conferred upon it by law. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302D-21 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-21
Annual board report.
Status: in_force

No later than the opening day of each regular session of the legislature, the board shall issue to the governor, the legislature, and the public, an annual report on the State's public charter schools, drawing from the annual reports submitted by every authorizer, as well as any additional relevant data compiled by the board, for the school year ending in the preceding calendar year. The annual report shall include:

(1) The board's assessment of the successes, challenges, and areas for improvement in meeting the purposes of this chapter, including the board's assessment of the sufficiency of funding for public charter schools, and any suggested changes in state law or policy necessary to strengthen the State's public charter schools;

(2) A line-item breakdown of all federal funds received by the department and distributed to authorizers;

(3) Any concerns regarding equity and recommendations to improve access to and distribution of federal funds to public charter schools;

(4) A summary of the criteria used by the charter school facilities funding working group, established pursuant to section 302D-29.5, in allocating facilities funding;

(5) A detailed breakdown of the allocation of funding through general funds and bond funds;

(6) A detailed list of the projects funded by general funds and bond funds;

(7) The status of funding for projects previously awarded; and

(8) A discussion of all board policies adopted in the previous year, including a detailed explanation as to whether each policy is or is not applicable to charter schools. [L 2012, c 130, pt of §2; am L 2013, c 159, §13; am L 2014, c 99, §14; am L 2015, c 114, §8 and c 234, §3]
Haw. Rev. Stat. § 302A-1002 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1002
Reporting of crime-related incidents.
Status: in_force

The board shall adopt rules pursuant to chapter 91 to:

(1) Require a report to appropriate authorities from a teacher, official, or other employee of the department who knows or has reason to believe that an act has been committed or will be committed, which:

(A) Occurred or will occur on school property during school hours or during activities supervised by the school; and

(B) Involves crimes relating to arson, assault, burglary, disorderly conduct, dangerous weapons, dangerous drugs, harmful drugs, extortion, firearms, gambling, harassment, intoxicating drugs, marijuana or marijuana concentrate, murder, attempted murder, sexual offenses, rendering a false alarm, criminal property damage, robbery, terroristic threatening, theft, or trespass;

(2) Establish procedures for disposing of any incident reported; and

(3) Impose, in addition to any other powers or authority the department may have to discipline school officials, appropriate disciplinary action for failure to report these incidents, including probation, suspension, demotion, and discharge of school officials. [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 315-3 — HI Code / Division 1 / Title 18 / Chapter 315 / Section 315-3
Contracts under agreement.
Status: in_force

True copies of all contracts made on behalf of the State pursuant to the Agreement shall be kept on file in the office of the Hawaii teacher standards board and in the office of the lieutenant governor.
Haw. Rev. Stat. § 304A-2178 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2178
University of Hawaii-Hilo theatre special fund.
Status: in_force

There is established the University of Hawaii-Hilo theatre special fund, which shall consist of admissions, advertising sales, corporate sponsorships, marketing, merchandising, donations, fundraising, fees, charges, and other moneys collected in conjunction with the University of Hawaii-Hilo theatre program. The special fund shall be administered by the office of administrative affairs of the University of Hawaii at Hilo. Funds may be expended for all costs associated with the theatre program, including artists' fees, production costs, personnel costs, honoraria, per diem, hotel and room rentals, food and refreshments, printing and mailing, advertising, airfare, leis, rental or purchase of equipment, and theater supplies and materials.

Revision Note

Section was renumbered from §304A-2271 pursuant to §23G-15.
Haw. Rev. Stat. § 302A-420 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-420
Profits and school credit for students.
Status: in_force

All net profits arising from agricultural, industrial, or commercial enterprise pursuits at any school, under the rules of the department:

(1) Shall be used by the school to support agricultural, industrial, and commercial enterprise pursuit programs and for the purchase of equipment and materials, not otherwise provided for in the school budget, that will be of general benefit to the students; or

(2) May be distributed among the students actually engaged in the pursuits; provided that school credit may also be granted to students engaged in the permitted operations, either in addition to, or in lieu of, any net profits distributed to the students;

provided further that the commercial enterprise does not affect the tax-exempt status of general obligation bonds and complies with the requirements of section 302A-448. The department shall provide for the keeping of simple books of account, showing the source and distribution of the money resulting from the operations carried on pursuant to this section, and for the auditing of these books of account at least quarterly. [L 1996, c 89, pt of §2; am L 1997, c 144, §2; am L 2022, c 148, §2]
Haw. Rev. Stat. § 304A-2102 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2102
Hawaii community college promise program subaccount.
Status: in_force

(a) There is established the Hawaii community college promise program subaccount within the University of Hawaii general fund. Moneys in the subaccount shall be used to provide financial assistance to qualified students through Hawaii community college promise program scholarships under section 304A-506.

(b) The University of Hawaii shall submit a report to the legislature no later than twenty days prior to the convening of each regular session regarding the subaccount. The report shall include but not be limited to the number of scholarships provided under the Hawaii community college promise program during the preceding year.

(c) This subaccount is not intended to provide loans or keep track of payback provisions. [L 2018, c 14, §3]
Haw. Rev. Stat. § 302D-32 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-32
Annual audit.
Status: in_force

Each charter school shall annually complete an independent financial audit that complies with the requirements of its authorizer and the department. The authorizer shall provide to each charter school it oversees a list of approved independent auditors, from which the charter school shall select one independent auditor to comply with this section.
Haw. Rev. Stat. § 302A-637 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-637
Cafeteria workers.
Status: in_force

All cafeteria workers employed in the department shall be employed and have their compensation adjusted 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 for employment over a twelve-month period. All cafeteria workers shall be employed on a full-time basis, except that a limited number of part-time workers may be employed by the department. No cafeteria worker employed on a part-time basis shall work less than twenty hours per week. The department shall establish a schedule, based on factors that determine the need for part-time workers, fixing the number of part-time workers that may be employed by the department.
Haw. Rev. Stat. § 309-2 — HI Code / Division 1 / Title 18 / Chapter 309 / Section 309-2
Eligibility.
Status: in_force

All students meeting the requirements of and attending institutions meeting the accreditation standards of Public Law 89-329 and Public Law 89-287 or similar federal laws shall be eligible for loans guaranteed under this program.
Haw. Rev. Stat. § 304A-2353 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2353
§§304A-2353 and 304A-2354 REPEALED.
Status: repealed

§§304A-2353 and 304A-2354 REPEALED. L 2015, c 106, §§22, 24.
Haw. Rev. Stat. § 302A-708 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-708
Career development opportunities.
Status: in_force

The department shall provide career pathways development and training opportunities to all school health assistants in the school health services field and other fields within the department to ensure the opportunity for continued employment with the department.
Haw. Rev. Stat. § 302D-15 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-15
Appeals; charter applications, renewals, or revocations.
Status: in_force

(a) The board shall have the power to decide appeals of decisions by an authorizer to deny the approval of a charter application, deny renewal of a charter contract, or revoke a charter school's charter contract. An appeal shall be filed with the board within twenty-one calendar days of the receipt of the notification of denial or revocation. Only a party whose charter application has been denied, whose charter contract renewal has been denied, or whose charter contract has been revoked may initiate an appeal under this section for cause. The board shall review an appeal and issue a final decision within sixty calendar days of the filing of the appeal.

(b) The board shall serve as the final arbitrator of appeals authorized by subsection (a).

(c) A party shall not be entitled to a hearing before the board under this section until it has exhausted all available administrative remedies.

(d) The board shall adopt rules pursuant to chapter 91 to implement this section. [L 2012, c 130, pt of §2; am L 2013, c 159, §10]
Haw. Rev. Stat. § 302A-421 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-421
§§302A-421 to 302A-423 REPEALED.
Status: repealed

§§302A-421 to 302A-423 REPEALED. L 1997, c 144, §§8 to 10.
Haw. Rev. Stat. § 302L-3.5 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-3.5
Board meetings by teleconference.
Status: in_force

(a) Notwithstanding any law to contrary, the board may meet by teleconference.

(b) Each member of the board participating in a meeting by teleconference shall be considered present at the meeting for purposes of determining quorum and participating in all proceedings.

(c) A meeting by teleconference:

(1) Need not have a quorum present at any one location; and

(2) Is subject to the notice requirements applicable to other board meetings.

(d) The notice of each teleconference meeting shall specify all physical locations from which members of the board will participate. The notice shall also specify the physical location from which the presiding officer of the board will preside. All physical teleconference locations shall be open to the public during the open portion of the meeting.

(e) Board materials that are to be considered at the meeting shall be made available at all physical teleconference locations.

(f) Each part of the teleconference meeting that is required to be open to the public shall be audible to the public at each physical location specified in the notice of the meeting.

(g) Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. The vote at a meeting held by teleconference shall be taken by roll call.

(h) The public shall be allowed to participate and speak at a meeting conducted by teleconference in the same manner and to the same extent that the public is allowed to participate and speak at each physical site of the meeting. [L 2010, c 63, §1; am L 2012, c 178, §12; am L 2017, c 202, §7]
Haw. Rev. Stat. § 312-3.5 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-3.5
Detention of public library materials; penalty.
Status: in_force

(a) A person who detains any public library materials belonging to any community, school, or public library for one day after the due date of the public library materials, shall be subject to a nominal charge established by the board of education.

(b) A person detaining any public library materials thirty days or more after the due date of the materials shall be subject to a charge commensurate with the replacement value of the public library materials. [L 1979, c 117, §1; am L 1981, c 150, §9; am L 1983, c 134, §1; am L 1991, c 145, §2; am L 2018, c 171, §2]
Haw. Rev. Stat. § 302A-404.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-404.5
Summer electronic benefits transfer for children program.
Status: in_force

The department shall:

(1) Work with the department of human services to maximize participation in the federal summer electronic benefits transfer for children program established pursuant to the federal Consolidated Appropriations Act, 2023, P.L. 117-328;

(2) Share all data determined by the departments to be necessary to adhere to the requirements of title 42 United States Code section 1762 and section 346-53.1; and

(3) Follow the federal guidelines and regulations established pursuant to title IV, division HH, section 502 of the Consolidated Appropriations Act, 2023, P.L. 117-328, to maximize flexibility to distribute summer meals through non-congregate distribution. [L 2024, c 155, §1]
Haw. Rev. Stat. § 302A-483 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-483
Penalties.
Status: in_force

Any caregiver who makes a false statement in the affidavit for caregiver consent required under section 302A-482, shall be subject to the penalties under partV of chapter 710.
Haw. Rev. Stat. § 304A-2279 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2279
[ §304A-2279] University of Hawaii conference center revolving fund.
Status: in_force

[ §304A-2279] University of Hawaii conference center revolving fund. (a) There is established the university of Hawaii conference center revolving fund for conference center programs conducted by the university. The university may establish and collect fees and charges for the costs of providing these services. All fees, charges, and other moneys collected in conjunction with the conference center programs of the university shall be deposited in separate accounts within the revolving fund. The university may establish accounts under the university of Hawaii conference center revolving fund to facilitate the administration of this fund among the various campuses and operating units of the university of Hawaii system. The university is authorized to expend funds from the appropriate account in the revolving fund for all costs associated with conducting conferences, seminars, and courses provided by the conference center programs, including but not limited to expenses for honoraria, hotel and room rentals, food and refreshment, printing and mailing, airfare and per diem, lei, rental of audiovisual equipment, and other conference related services, fees, supplies and materials, without regard to section 103D-1002 and any competitive bidding requirements pursuant to state procurement requirements.

(b) The university shall submit a report to the legislature no later than twenty days prior to the convening of each regular session, accounting for all income and expenditures of each separate account within the revolving fund. [L 2025, c 97, §1]