Haw. Rev. Stat. § 312-4.6 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-4.6
Cost-recovery fees for the administration of Hawaii state public library system.
Status: in_force

(a) The state librarian may charge and add a fee to any amount due in accordance with the state librarian's duties and powers under section 312‑2.1(d) for:

(1) Any cost or expense incurred by the Hawaii state public library system as a result of any action taken to enforce the collection of costs of lost books and any overdue fines and fees charged to that patron after the public library system has mailed written notice demanding payment and advising that continued failure to pay the amount due may result in collection action being taken, including the imposition of cost-recovery fees, not to exceed $10, pursuant to this section. Any cost-recovery fee charged against the patron for costs, fees, and other charges may include collection agency fees, attorneys' fees, court filing fees, and similar fees incurred by the Hawaii state public library system in connection with the collection action;

(2) Hawaii public library system sponsored seminars or workshops, including educational materials in various media format; and

(3) Research and reference materials published on magnetic media, CD-ROM, or other digital or electronic form.

(b) Interest shall not accrue with respect to any fee under this section.

(c) Notwithstanding any other provisions under this chapter, whenever a patron makes a partial payment of a particular delinquent amount, the amount received by the Hawaii state public library system shall first be credited to the fees charged under this section, in the order the fees were charged.

(d) [Repeal and reenactment on June 30, 2028. L 2023, c 141, §4 .] Without regard to chapter 91, the state librarian shall prescribe the procedures relating to:

(1) The charging of fees;

(2) The waiver of fees;

(3) The documents, materials, and services for which fees may be charged;

(4) The amount of the fees that may be assessed and charged to a library patron;

(5) The accumulated amount of lost library material costs, fines, or fees;

(6) The period of time that the lost library materials costs, fines, or fees shall remain unpaid before they may be referred to a collection agency for collection; and

(7) The notification of persons having delinquent accounts of the additional fees to be charged by the collection agency prior to the referral to the collection agency.

(e) The state librarian may waive any fee imposed by the Hawaii state public library system under chapter 312 in cases of hardship as prescribed by rules adopted under chapter 91.

(f) Upon its collection, the cost-recovery fee shall be deposited into the libraries special fund established by section 312-3.6 and shall be expended as prescribed by law. [L 1999, c 231, §2; am L 2015, c 26, §§5, 6; am L 2023, c 141, §2]
Haw. Rev. Stat. § 304A-302 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-302
Board's power and authority.
Status: in_force

The board may cooperate with the United States Department of Education in the administration of the provisions of the Acts of Congress mentioned in section [304A-2403], and may do all things necessary to entitle the State to receive the benefits of each of the respective funds appropriated by the Acts including:

(1) Represent the State in any and all matters arising out of or connected with the administration of the Acts of Congress insofar as the same shall apply to the State;

(2) Represent the State in any or all matters in reference to the expenditure, distribution, and disbursements of moneys received from the Acts of Congress;

(3) Designate such colleges, schools, departments, or classes as may be entitled to participate in the benefits of moneys received from the appropriations made in the Acts of Congress as in its judgment and discretion will best subserve the interests of career and technical education in the State and carry out the spirit, purposes, and provisions of the Acts;

(4) Establish and determine, by general rule, the qualifications to be possessed by persons teaching agricultural, trade, industrial, and home economics subjects in the colleges or schools coming under the provisions of the Acts of Congress in the State; and

(5) Enforce rules and regulations concerning the granting of certificates and licenses to such teachers and to certificate such teachers.

The board may delegate some of its responsibilities relating to the establishment of qualifications for and certification or licensing of career and technical teachers. The board shall make an annual report to the governor describing the conditions and progress of career and technical education during the year and include therein an itemized statement showing the receipts and expenditures of all moneys used in connection with career and technical education. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-1106.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1106.5
Board of education; community meetings.
Status: in_force

The board shall hold not less than one community meeting annually in each county in addition to their regular meetings to discuss and receive input from the community on public education and public library issues. The board chairperson shall designate board members to attend the community meetings. These community meetings shall not be held for the purpose of formulating educational policy. The community meetings shall be exempt from sections 92-2.5, 92-7, 92-9, and 92-41; provided that the board shall give written public notice of each community meeting. The meeting notice shall indicate the date, time, and place of the meeting, and shall be filed in the office of the lieutenant governor and in the board's office for public inspection six calendar days before the meeting. The notice shall also be posted at the site of the meeting.
Haw. Rev. Stat. § 302H-2 — HI Code / Division 1 / Title 18 / Chapter 302H / Section 302H-2
Attendance and eligibility.
Status: in_force

All children of compulsory school age choosing to enroll in the Hawaiian language medium program in families of fluent Hawaiian-speaking persons may be given preference for admittance. Other persons may enroll at the discretion of individual school sites under the conditions described above and in compliance with applicable state and federal laws. All students and their families shall abide by the special rules of the program with respect to family participation.
Haw. Rev. Stat. § 302L-11 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-11
Investigation of misconduct; reporting to the department of education; harm to students registry; due process; indemnity.
Status: in_force

(a) Pursuant to the requirements of section 302A-1006, each early learning program or school shall certify to the department any final finding resulting from the early learning program or school's investigation that an employee inflicted harm on a student, notwithstanding whether the employee was terminated, retired, resigned, or was banned from the program or school pending completion of the investigation. Each early learning program and school shall complete an investigation without regard to the status of employment of the employee under investigation or status of the employee's future involvement with the institution.

(b) The reporting early learning program or school shall certify, before transmitting the employee's name and other information to the department, that:

(1) The employee whose name and information are transmitted to the department for inclusion on the harm to students registry was given prior written notice of the early learning program or school's decision to transmit the employee's name and information for this purpose;

(2) The employee was given the opportunity to appeal the decision; and

(3) The employee either waived the right to appeal or lost the appeal.

The department shall rely on the certification of the early learning program or school that the employee was provided due process in accordance with this section.

(c) Each early learning program or school shall consult the harm to students registry to determine whether a candidate for employment at the program or school is listed on the registry.

(d) Each early learning program or school shall consult the harm to students registry before authorizing a volunteer's assistance in a role that involves the volunteer's interaction with, or close proximity to, a student or students.

(e) If a candidate for employment or a potential volunteer's name is listed on the harm to students registry, the early learning program or school shall cease to consider the candidate for employment or shall prohibit the volunteer's assistance in a role that involves interaction with, or close proximity to, a student or students.

(f) Each early learning program or school, when requested by another institution, shall share with that institution the existence of any employee investigation that includes allegations of infliction of harm to a student, including ongoing investigations.

(g) An early learning program or school that provides information or an opinion about an employee's job performance to a prospective employing institution shall be presumed to be acting in good faith and shall have qualified immunity from civil or criminal liability for disclosing the information and for the consequences of the disclosure.

(h) The good faith presumption under subsection (g) shall be rebuttable upon a showing, by a preponderance of the evidence, that the information or opinion disclosed was:

(1) Knowingly false; or

(2) Knowingly misleading.

(i) Nothing in subsections (g) and (h) shall affect the rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378.

(j) A person whose name is listed on the harm to students registry may request the reporting early learning program or school to submit a certified request to the department to remove the person's name from the registry if new information is discovered that proves that the person has not inflicted harm on a student such that the person's name does not belong on the registry.

(k) An early learning program or school certifying the inclusion of an employee on or removal of an employee from the harm to students registry, or refusing to certify the removal of an employee from the harm to students registry, shall defend and indemnify the department from any liability resulting from any claim or cause of action relating to the employee's inclusion on or removal from the registry, or relating to the early learning program or school's refusal to certify the removal of the employee from the registry.

(l) As used in this section:

"Department" means the department of education.

"Employee" has the same meaning as defined in section 302A-1006(q).

"Final finding" has the same meaning as defined in section 302A-1006(q).

"Harm to students registry" or "registry" has the same meaning as defined in section 302A-1006(q).

"Inflicted harm on a student" or "infliction of harm on a student" has the same meaning as defined in section 302A-1006(q).

"Institution" has the same meaning as defined in section 302A-1006(q).

"Investigation" has the same meaning as defined in section 302A-1006(q). [L 2024, c 156, §5]
Haw. Rev. Stat. § 304A-2169 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2169
REPEALED.
Status: in_force

L 2007, c 253, §8; L 2012, c 151, §1.
Haw. Rev. Stat. § 302A-1611 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1611
REPEALED.
Status: in_force

L 2025, c 268, §10. [R eenactment on July 1, 2029. L 2025, c 268, §14.]
Haw. Rev. Stat. § 304A-2602 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2602
Fines and other penalties.
Status: in_force

The board of regents may enforce its rules by imposing fines not to exceed $100 per violation, or by removing the vehicle of the offender from the area within the university's jurisdiction, or both; provided that a person violating any provision of part III of chapter 291, or any rule adopted thereunder, shall be guilty of a traffic infraction under chapter 291D and shall be fined or otherwise penalized in accordance with part III of chapter 291. The owner of any vehicle so towed away shall be responsible for and pay all costs incurred in the towing and storage. Any vehicle towed away and unclaimed thirty days thereafter shall be sold at public auction by the university. The university shall pay all costs of towing and storage and other costs connected with the sale out of the university parking revolving fund established under section [304A-2275]. The fund shall be reimbursed for the costs from the proceeds of the sale, and the remaining balance, if any, shall be paid to the owner of the vehicle; provided that if the proceeds of the sale are not claimed by the owner of the vehicle within sixty days after notice, the proceeds shall be deposited in the university parking revolving fund.
Haw. Rev. Stat. § 302A-1151.2 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1151.2
School facilities subaccount.
Status: in_force

(a) 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 shall be deposited into the school facilities subaccount established pursuant to section 302A‑1148(b).

(b) Except as otherwise provided, all moneys in the school facilities subaccount shall be used exclusively for the new construction and upgrade of twenty-first century school facilities, as well as the repair and maintenance of existing school facilities. [L 2013, c 155, pt of §2]
Haw. Rev. Stat. § 303-2 — HI Code / Division 1 / Title 18 / Chapter 303 / Section 303-2
Contract for purchase of annuity or investment in custodial account.
Status: in_force

(a) The department of education and the University of Hawaii, on behalf of any employee of the respective institutions, may enter into a written agreement with any employee to purchase for the employee:

(1) An annuity contract under section 403(b) of the Internal Revenue Code of 1986, as amended, from an insurer who holds a certificate of authority under section 431:3-201 or certificate of registration of dealer in securities under chapter 485A, or both, and who complies with the requirements established by the respective institution and agrees to abide by the terms, conditions, rules, or regulations of the respective institution; or

(2) An annuity contract qualified under section 401(k) of the Internal Revenue Code of 1986, as amended, which provides a nationwide retirement trust for a group of college or university football coaches who, due to the nature of their jobs, change employers frequently.

(b) The University of Hawaii and after December 31, 2003, the department of education may pay amounts to a custodial account established on behalf of the employee pursuant to section 403(b)(7) of the Internal Revenue Code of 1986, as amended. [L 1967, c 40, pt of §1; HRS §303-2; am L 1993, c 77, §3; am L 1999, c 123, §2(3); am L 2001, c 186, §1; am L 2006, c 229, §5]
Haw. Rev. Stat. § 304A-2276 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2276
Hawaii educator loan program revolving fund.
Status: in_force

There is established the Hawaii educator loan program revolving fund, for the purpose of providing loans pursuant to section 304A-701. Appropriations made by the legislature, private contributions, repayment of loans, including interest and payments received on account of principal, and moneys from other sources shall be deposited into the revolving fund and shall be expended by the university. An amount from the revolving fund not exceeding five per cent of the total amount of outstanding loans may be set by the university to be used for administrative expenses incurred in administering the revolving fund.

Revision Note

Section was renumbered from §304A-2161 pursuant to §23G-15.
Haw. Rev. Stat. § 302A-1510 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1510
[ §302A-1510] Sustainable schools initiative.
Status: in_force

[ §302A-1510] Sustainable schools initiative. (a) The department shall establish a goal of becoming net-zero with respect to energy use, producing as much renewable energy as the department consumes across all public school facilities, by January 1, 2035.

(b) The department shall use the amount and value of energy consumed by the department across all public school facilities during the 2015-2016 fiscal year as the benchmark for measuring the department's progress toward the energy usage goal set forth in subsection (a).

(c) The department shall submit an annual report that shall include information on:

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

(2) Its plans and recommendations to advance the net-zero energy goal set forth in subsection (a); and

(3) Any challenges or barriers encountered or anticipated by the department in meeting the net-zero energy goal set forth in subsection (a).

(d) The department shall expedite the cooling of all public school classrooms to a temperature acceptable for student learning. When implementing classroom cooling measures, the department, and any contractor hired to implement classroom cooling measures, shall maximize energy efficiency and installation and operating cost savings over the entire life of the project.

(e) Pursuant to this section, the department shall include in the report the status of the implementation of measures taken to cool public school classrooms as required by subsection (d). The report shall include the following information:

(1) The number of completed classrooms in which cooling measures were implemented and the number of classrooms remaining that require cooling;

(2) The different types of cooling measures implemented;

(3) The approximate cost per classroom for planned cooling measures, including installation, upgrades, equipment, maintenance, and projected operating costs over the life of the installed cooling measures;

(4) The approximate cost per completed classroom for cooling measures implemented, including installation, upgrades, equipment, maintenance, and projected operating costs over the life of the installed cooling measures;

(5) The number of completed classrooms in which energy efficiency measures were installed or implemented and the number of classrooms remaining that require energy efficiency measures; and

(6) The different types of energy efficiency measures installed or implemented.

(f) The department shall report its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session . [L 2016, c 176, §2]
Haw. Rev. Stat. § 304A-3201.5 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3201.5
[ §304A-3201.
Status: in_force

[ §304A-3201.5] Definitions. As used in this subpart, unless the context clearly requires otherwise:

"Commission" means the Western Interstate Commission for Higher Education .

"Hawaii commission" means the Hawaii western interstate commission for higher education established under section 304A-3201.6.

"Hawaii commissioners" means the members of the Hawaii western interstate commission for higher education. [L 2012, c 137, pt of §1]
Haw. Rev. Stat. § 302A-610 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-610
Job-sharing.
Status: in_force

(a) A job-sharing program is established in the department subject to the requirements in this section.

(b) The superintendent shall announce the job-sharing program to all full-time, tenured, certificated personnel of the department, excluding educational officers, and shall solicit the voluntary requests of personnel interested in participating in the program.

The superintendent, in consultation with the recognized employee bargaining units, shall formulate and adopt guidelines for the implementation of this section. Employees who respond to the announcement and other persons who request information shall receive a full written description of the terms of the program when the guidelines are finalized, and those persons desiring to participate may apply to participate in the program. The employees who apply for participation shall obtain the concurrence of their immediate supervisor, other appropriate personnel officers, and the superintendent. Those persons who qualify then shall be interviewed by a personnel officer of the department.

Upon the selection of a permanent, full-time employee for job-sharing, the superintendent shall convert the position of the employee into two job-sharing positions, one of which shall be filled by the employee, and the other by the hiring of a new hire or by another tenured, certificated employee of the department, excluding any educational officer.

A person hired to fill a job-sharing position shall be recruited through this section and shall possess the minimum requirements of the full-time position that was converted into a job-sharing position under this section.

(c) Benefits that can be divided in half, such as the number of days of sick leave, and are considered to be an equitable share when divided, shall be computed on that basis. Benefits that cannot be divided, such as eligibility for membership in the public employees' health plan shall be given to the job-sharers without the foregoing division, notwithstanding any provision of chapter 87 or 88 to the contrary. The newly hired job-sharer shall be excluded from collective bargaining under chapter 89.

The full-time permanent employee shall not lose membership in an employee bargaining unit because of participation in this program, any other law to the contrary notwithstanding. Union membership or service fees paid by the job-sharer under this section shall be at a level consistent with normal union membership dues or service fees. The State's contribution to the job-sharers' prepaid health, prepaid dental, and group life insurance plans shall be the same as for full-time employees, any other law to the contrary notwithstanding. Job-sharers shall be covered under chapter 386 and the applicable provisions of chapter 383. Service credit for the tenured teacher participating in the program under this section shall be given on the same basis as that for full-time employees. Nothing in this section shall be construed, however, to vest any person with any rights to permanent employment status, whether under civil service or otherwise, which did not exist prior to the participation of the person in the job-sharing program. The granting of tenure shall be under applicable statutes. No full-time position shall be abolished or reduced to a half-time position except for the purpose of job-sharing. In a reduction-in-force procedure, consideration of a job-sharer's tenure rights shall be on the same basis as that of a full-time employee. Nothing in this section shall impair the employment or employment rights or benefits of any employee.

(d) Tenured employees sharing full-time positions with other tenured employees shall not be required to relinquish their duty-free period. The job-sharing team shall submit to its principal a job-sharing proposal that preserves its duty-free period and meets the educational needs of its students. Where the job-sharing team cannot reach a reasonable scheduling agreement, the team may agree to waive its contractual rights by executing a contract waiver.

(e) Participation in the program shall require the commitment on the part of all parties to a contractual agreement for one year; provided that the employee shall be given the option to renew the contract for another year, subject to approval by the immediate supervisor and personnel officer of the department.

(f) No job-sharing position committed to a specified period of time under the terms of the contractual agreement shall be converted to full-time status before the termination of the contractual agreement. A job-sharing vacancy created by the resignation, retirement, or other permanent or temporary severance of employment with the department on the part of any person may be filled by the department either through recruitment of another person pursuant to this section, or by increasing the remaining half-time job-sharing person to full-time employment by mutual agreement.

(g) Upon the termination of contractual agreements, all job-sharing positions shall be renegotiated or reconverted to full-time positions, and the employees who held the full-time positions prior to their participation in the job-sharing program under this section shall be entitled to resume their positions without loss of previous tenure or other employee rights.

(h) Beginning with the 2002-2003 school year, this section shall be interpreted as though the term "certificated" read "licensed" as the latter term is used in subpart D, and as circumstances require. [L 1996, c 89, pt of §2; am L 2001, c 312, §§7, 13; am L 2002, c 16, §32]
Haw. Rev. Stat. § 304A-3353 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3353
Pacific international space center for exploration systems; board of directors; establishment; duties.
Status: in_force

(a) There is established the board of directors of the Pacific international space center for exploration systems, consisting of nine members, to include:

(1) The director of business, economic development, and tourism, or the director's designee;

(2) The president of the University of Hawaii, or the president's designee;

(3) The chancellor of the University of Hawaii at Hilo, or the chancellor's designee; and

(4) Six members from government, industry, and academia, both national and international, with appropriate professional interests and backgrounds;

provided that of the members appointed under paragraph (4), two members shall be appointed by the governor from a list of nominees submitted by the president of the senate, two members shall be appointed by the governor from a list of nominees submitted by the speaker of the house of representatives, and two members shall be appointed by the governor; provided further that the members appointed pursuant to paragraph (4) shall be subject to section 26-34.

The board shall select a chairperson from among its members.

(b) Five members shall constitute a quorum, whose affirmative vote shall be necessary for all actions by the space center. The members of the board shall serve without compensation, but shall be entitled to reimbursement for necessary expenses, including travel expenses, incurred in the performance of their duties.

(c) The board shall appoint an executive director to the space center who shall be exempt from chapter 76. The board shall set the salary and duties of the executive director. [L Sp 2021, c 1, pt of §1]
Haw. Rev. Stat. § 302A-641 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-641
Meal count assistants, adult supervisors, and classroom cleaners; minimum wage.
Status: in_force

Except as provided in section 387-9, the wages of meal count assistants, adult supervisors, and classroom cleaners of the department shall be no less than the current state minimum wage as required in section 387-2.
Haw. Rev. Stat. § 304A-2180 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2180
`Ulu `ulu: The Henry Ku `ualoha Giugni Moving Image Archive of Hawai `i special fund.
Status: in_force

There is established the `Ulu`ulu: The Henry Ku`ualoha Giugni Moving Image Archive of Hawai`i special fund into which shall be deposited any legislative appropriations, federal or private grants, and any other funds collected for the purposes of the `Ulu`ulu: The Henry Ku`ualoha Giugni Moving Image Archive of Hawai`i designated under section 304A-1864. The fund shall be administered and expended by the University of Hawaii. Moneys in the fund shall be expended to support the activities of the moving image archive.
Haw. Rev. Stat. § 312-5 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-5
Annual report to the governor.
Status: in_force

Annually during the month of July but as of June 30 preceding, the state librarian shall report to the governor the moneys received from all sources and expended for all purposes during the preceding year, and any other matters pertaining to the libraries which it may deem important, or the governor may require.
Haw. Rev. Stat. § 302A-454 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-454
[ §302A-454] Asthma education instruction.
Status: in_force

[ §302A-454] Asthma education instruction. (a) The department may offer optional asthma self-management instruction to students with asthma. The instruction shall be age-appropriate and the topics shall include:

(1) Asthma facts, physiology, and early warning signs;

(2) Symptoms and triggers of asthma; and

(3) Asthma self-management skills.

(b) The department may coordinate with any public or private entity to provide the instruction offered under this section.

(c) The department may use existing educational and training resources available in the public and private sectors when developing the instruction offered under this section. [L 2022, c 147, §2]
Haw. Rev. Stat. § 304A-2278 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2278
Community colleges revolving fund.
Status: in_force

(a) Section 304A-2003 notwithstanding, there is established a community colleges revolving fund to receive, disburse, and account for funds of programs and activities of the community colleges, including but not limited to off-campus programs, summer session programs, overseas programs, evening sessions, study abroad, exchange programs, cultural enrichment programs, and consultative services that help make available the resources of the community colleges to the communities they serve.

(b) The revolving fund may include deposits from:

(1) The University of Hawaii tuition and fees special fund established in section 304A-2153;

(2) Tuition, fees, and charges for affiliated instructional, training, and public service courses and programs; and

(3) Fees, fines, and other money collected for:

(A) Student health;

(B) Transcript and diploma;

(C) Library;

(D) Facility use;

(E) Child care;

(F) Auxiliary enterprises;

(G) Alumni; and

(H) Other related activities. [L Sp 2021, c 9, §46]
Haw. Rev. Stat. § 302L-5 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-5
Early learning special fund.
Status: in_force

(a) There is established within the state treasury the early learning special fund, to be administered by the executive office on early learning, into which shall be deposited all moneys received by the office in the form of:

(1) Fees;

(2) Grants;

(3) Donations;

(4) Appropriations made by the legislature to the fund; and

(5) Revenues regardless of their source,

and earnings on moneys in the fund. Moneys in the fund shall be used for the early learning system. Expenditures from the fund may be made by the office without appropriation or allotment.

(b) The office 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 the moneys in the fund. [L Sp 2008, c 14, pt of §2; am L 2009, c 194, §4; am L 2012, c 178, §11; am L 2020, c 46, §4]
Haw. Rev. Stat. § 304A-2172 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2172
[ §304A-2172] University of Hawaii capital improvements program project assessment special fund.
Status: in_force

[ §304A-2172] University of Hawaii capital improvements program project assessment special fund. (a) There shall be established in the university a special fund to be known as the University of Hawaii capital improvements program project assessment special fund for the purpose of defraying the costs involved in:

(1) Carrying out capital improvements program projects managed by the university;

(2) Equitably assessing, collecting, and distributing moneys for current and other expenses associated with capital improvements program projects, repair and maintenance projects, and major renovation projects;

(3) Managing the payment of expenses assessable against capital improvements program projects managed by or through the university, such as printing, employee transportation requirements, project-related travel costs, travel per diem, and car mileage reimbursements, in accordance with applicable laws and collective bargaining agreements; and

(4) Managing funds representing accumulated vacation and sick leave credits and retirement benefits for non-general funded employees under the capital improvements program projects managed by the university.

(b) The president or the president's designee shall make reasonable assessments on capital improvements program projects, repair and maintenance projects, and major renovation projects managed by the university to carry out the program of centralized management, oversight, and administration of the projects. The assessments shall be based on the evaluation by the president or the president's designee of the reasonable historic and projected costs of providing such services. All assessments collected shall be deposited into the University of Hawaii capital improvements program project assessment special fund.

(c) The University of Hawaii capital improvements program project assessment special fund shall be administered by the office of capital improvements of the university.

(d) All expenditures from the University of Hawaii capital improvements program project assessment special fund shall be made by the president or the president's designee in accordance with applicable laws and rules. [L 2010, c 202, §1]
Haw. Rev. Stat. § 302A-632 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-632
Additional benefits to certain [school personnel and] teachers.
Status: in_force

The department shall provide additional benefits to grade level chairpersons, department heads, registrars, and librarians in schools. The department shall also provide additional benefits to teachers assigned to schools in areas designated as limited environment communities by the department.
Haw. Rev. Stat. § 302A-1148.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1148.5
Use of school grounds; assumption of risk.
Status: in_force

Any person who enters school grounds for the purpose of using the school's grounds, facilities, or equipment for recreational purposes, and who is not a student or member of the faculty or administration of that school, is deemed to assume the risk of liability for any injuries or death resulting from the use of the grounds, facilities, or equipment. This assumption of risk shall not apply if:

(1) The person is an invitee or licensee to whom a duty of care is owed by the school; provided that the person has received prior written authorization from the school principal or other responsible person to use the school's grounds, facilities, or equipment; or

(2) The injuries or death were caused by wilful or wanton misconduct, including but not limited to the wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which was knowingly created or perpetuated, and wilful or malicious failure to guard or warn against a dangerous activity which was knowingly perpetuated. [L 1997, c 285, §1]

Revision Note

Subsection designation deleted pursuant to §23G-15.
Haw. Rev. Stat. § 304A-2006 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2006
Special and revolving funds; fees and charges; public meetings exemption.
Status: in_force

In establishing or amending fees or charges that generate receipts for deposit into any University of Hawaii special or revolving fund, the board of regents shall be exempted from the public notice, public hearing, and gubernatorial approval requirements of chapter 91. The fees and charges may be established at an open meeting subject to the requirements of chapter 92. These fees and charges may include laboratory fees, special instructional fees, fees for admission to events, rental rates for facilities, equipment, or real property, and services provided to other government agencies and to the public.
Haw. Rev. Stat. § 302A-1509 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1509
Environmentally-sensitive cleaning and maintenance products for use in public schools.
Status: in_force

The department of education shall require that all public school facilities give first preference, where feasible, to the purchase and use of environmentally-sensitive cleaning and maintenance products that have been approved by the Green Seal program pursuant to section 321-26.5, for use in public school facilities:

(1) To clean hard surfaces in bathrooms such as counters, walls, floors, fixtures, basins, tubs, or tile;

(2) To eliminate dirt and stains on rugs and carpeting;

(3) For routine cleaning of hard surfaces, including impervious flooring such as concrete or tile; provided that this category shall not include:

(A) Products intended primarily to strip, polish, or wax floors; or

(B) Cleaners intended primarily for cleaning toilet bowls, dishes, laundry, upholstery, or wood;

(4) To clean glass, windows, mirrors, or metallic or polished surfaces;

(5) For routine, non-specialized hand cleaning;

(6) Paper towels or other paper used for cleaning; provided that this category shall not include toilet paper, facial tissue, or paper towels used for drying hands; and

(7) Other categories as identified in the department of health. [L Sp 2009, c 13, §1]
Haw. Rev. Stat. § 302A-435 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-435
Financing adult and community education program.
Status: in_force

The financial support for this program shall be in part from fees collected from students enrolled, and in part from public funds appropriated for this purpose. Fees shall be set in accordance with the recommendations of the advisory council, and may be collected from students regularly enrolled; provided that:

(1) Adults registered with the department of labor and industrial relations and unemployed shall be granted free enrollment in such courses as will tend to assist these persons in securing employment;

(2) Adults certified by the department of human services as indigent may be enrolled on a nonfee basis in classes that will tend to assist these persons in becoming self-sustaining;

(3) Discharged veterans who are entitled to federal educational assistance shall be enrolled upon authorization of the Department of Veterans Affairs and fees shall be charged against federal funds in accordance with Department of Veterans Affairs contract regulations; and

(4) Administrative and supervisory costs, costs of instruction, and all other necessary expenses not covered by fees and other authorized charges shall be paid for out of funds appropriated for this purpose. [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 302D-35 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-35
Use of vacant department facilities.
Status: in_force

(a) When any department considers whether to close any particular facility, it shall give reasonable consideration to making all or portions of the facility available to public charter schools and early learning programs that are affiliated with a public charter school.

(b) Each department shall provide notice to the superintendent and the commission identifying suitable unused facilities that may be appropriate for:

(1) Public charter schools; and

(2) Early learning programs that are affiliated with a public charter school.

The department of accounting and general services shall inventory the suitable facilities, and, in determining suitability for educational reuse, priority shall be given to facilities on sites with sufficient space for three or more classrooms.

(c) The department of accounting and general services shall conduct biennial surveys of all departments concerning any unused facilities, or in the case of the department of education any under utilized department schools, that meet the conditions under subsection (b) and maintain an inventory of all such unused or under utilized facilities. The department of accounting and general services shall provide biennial reports on the inventory maintained under this subsection to the state public charter school commission.

(d) The department of accounting and general services shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.

(e) For purposes of this section, "department" means all of the departments listed in section 26-4.

(f) Upon receipt of a notice pursuant to subsection (b), the state public charter school commission shall:

(1) Solicit applications from public charter schools or early learning programs that are affiliated with a public charter school, respectively, that are interested in using and occupying all or portions of the facilities; and

(2) Submit a prioritized list of public charter schools or early learning programs that are affiliated with a public charter school, respectively, to the department of accounting and general services for final determination of which public charter schools or early learning programs that are affiliated with a public charter school, if any, shall be authorized to use and occupy the facilities. [L 2015, c 234, §2; am L 2018, c 85, §1; am L 2024, c 152, §2]
Haw. Rev. Stat. § 302H-6 — HI Code / Division 1 / Title 18 / Chapter 302H / Section 302H-6
Hawaiian language medium state education agency; districts and complex areas.
Status: in_force

The department of education may establish a Hawaiian language medium state education agency with the capability of operating districts and complex areas on an equal basis with any other districts and complex areas of the department. The Hawaiian language medium state education agency shall encompass the entire State, may administer schools consisting of geographically noncontiguous classes, boarding schools, charter schools, or cyber schools and may share facilities, administration, programs, resources, and funding with other public, charter, and private schools and colleges as appropriate. All schools and programs taught through the medium of the Hawaiian language shall be included in the Hawaiian language medium state education agency.
Haw. Rev. Stat. § 302A-1604 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1604
Designation of school impact districts.
Status: in_force

(a) The board shall designate a school impact district for school impact fees only after holding at least one public hearing in the area proposed for the school impact district. The written analysis, prepared in accordance with subsection (b), shall be made available to the public at least thirty days prior to the public hearing. Notice of the public hearing shall be made as provided in section 1‑28.5. The notice shall include a map of the proposed school impact district and the date, time, and place of the public hearing.

(b) Prior to the designation of a school impact district, the authority shall prepare a written analysis that contains the following:

(1) A map and legend describing the boundaries of the proposed school impact district area, which may range from one school to one or more high school complexes, as well as maps and legends describing surrounding districts and school enrollments at existing school facilities in and around the school impact district;

(2) The need to construct new or expand existing school facilities in the proposed school impact district area within the next twenty-five years to accommodate projected growth in the area based on various state and county land use, demographics, growth, density, and other applicable historical data projections and plans;

(3) An analysis to determine appropriate student generation rates by dwelling unit type for all new residential developments in the school impact district area to provide the basis for determining the steady state enrollment generated by new residential developments that will need to be accommodated. The analysis shall also consider enrollment at existing school facilities, in and around the school impact district;

(4) Student generation rates, based on full build-out of the developments when student generation rates are anticipated to be in a steady state mode;

(5) An analysis to estimate the number of students generated by all new residential developments in the school impact district at the point in time when the total enrollment from these developments is anticipated to peak. This information is required for or related to the determination of the impact fee, and will provide the basis for determining the maximum enrollment generated by new residential developments that will need to be accommodated in both permanent facilities and portable buildings;

(6) Calculation of the current statewide level of service;

(7) An analysis of appropriate school land area, or other appropriate state lands, and enrollment capacity, which may include nontraditional (i.e., mid-rise or high-rise structures) facilities to accommodate the need for public school facilities in high-growth areas within existing urban developments;

(8) A statewide classroom use report, which shall include the following:

(A) Current design enrollment per school (i.e., maximum number of students per classroom per school);

(B) Current total student enrollment per school; and

(C) Current number of classrooms not being used for active teaching; and

(9) An analysis including the advantages and disadvantages of making more efficient use of existing or underused assets in the school impact district through school redistricting.

The analyses specified in paragraphs (3) and (6) shall be periodically updated pursuant to section 302A-1612(b). [L 2007, c 245, pt of §2; am L 2010, c 188, §7; am L 2020, c 72, §7; am L 2021, c 217, §12]
Haw. Rev. Stat. § 304A-1004 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1004
Annual report; executive, managerial, and faculty salaries.
Status: in_force

The board of regents shall submit an annual report to the legislature containing the salaries paid to all executive, managerial, and faculty members of the university, including that paid to the president of the university, not fewer than twenty days prior to the convening of each regular session.
Haw. Rev. Stat. § 304A-2256 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2256
Transcript and diploma revolving fund.
Status: in_force

There is established the transcript and diploma revolving fund that shall be used to defray the cost of transcripts and diplomas and that shall be replenished through charges made for transcripts and diplomas or through transfers from other accounts or funds.
Haw. Rev. Stat. § 305J-1 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-1
Post-secondary education authorization program; establishment.
Status: in_force

There is established a post-secondary education authorization program within the department of commerce and consumer affairs, to be administered by the director of commerce and consumer affairs.
Haw. Rev. Stat. § 304A-2160 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2160
State higher education loan fund.
Status: in_force

There is established a special fund to be known as the state higher education loan fund. The fund shall be a revolving fund and all interest and payments received on account of principal shall be credited to the fund. The fund shall be administered by the board of regents and shall be disbursed to needy students that meet eligibility requirements under section [304A-601] pursuant to rules adopted by the board.
Haw. Rev. Stat. § 304A-2677 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2677
Covenants in resolution authorizing revenue bonds.
Status: in_force

[(a)] Any resolution authorizing the issuance of revenue bonds under this subpart may contain covenants as to:

(1) The purpose to which the proceeds of the sale of the revenue bonds may be applied; the use and disposition of the proceeds; the investment thereof pending the use and disposition; and the use and disposition of the income from the investment;

(2) The use and disposition of the revenue of the university pledged to the payment of the revenue bonds, including the creation and maintenance of reserves; the investment of the revenues and of the moneys in the reserves; and the use and disposition of the income from the investments;

(3) The minimum amount of revenue of the university to be produced by the university project, university system, or network or any combination thereof over and above the amount required to be produced by section 304A‑2681;

(4) The use and disposition of the proceeds of the sale of any university project, university system, or network or any part thereof;

(5) The construction or maintenance of any university project, university system, or network or any combination thereof for the construction or maintenance of which revenue bonds are issued, or any university system or network in which university projects constructed or maintained are later included;

(6) The issuance of other or additional revenue bonds and the revenue of the university from which additional revenue bonds shall be payable;

(7) The maintenance of the university projects, university system, or network or any combination thereof, including the creation by the board of supervisory positions, which shall not be subject to chapter 76, as are necessary to facilitate the issuance of revenue bonds to ensure the adequacy of revenue of the university;

(8) The insurance on a university project, university system, or network or any combination thereof, and the use and disposition of insurance moneys;

(9) Books of account and inspection and audit thereof;

(10) A procedure by which the terms and conditions of the resolution may be subsequently amended or modified by the board with or without the consent of the holders of revenue bonds or any proportion of the holders, or any trustee thereof; and

(11) The terms and conditions upon which the holders of revenue bonds, or any proportion of the holders, or any trustee thereof, shall be entitled to the appointment of a receiver by any court of competent jurisdiction, and the receiver may enter and take possession of the university project, university system, or network; maintain them; prescribe rents, fees, and charges; and collect, receive, and apply all revenue of the university thereafter arising therefrom in the same manner as the board itself may do; provided that the receiver shall have no power to mandate appropriations, or to use, or permit the use of, any university project, university system, or network or any combination thereof, other than in a manner consistent with and in furtherance of the purposes of the university.

[(b)] This subpart and any resolution shall be deemed a contract with the holders of revenue bonds issued under this subpart. The duties of the board and any resolution shall be enforceable by any bondholder by mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction. [L 2007, c 161, pt of §1]
Haw. Rev. Stat. § 302A-1116 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1116
Authority to create temporary positions.
Status: in_force

The department may create temporary positions as it deems necessary; provided that:

(1) The department's expenditures shall not exceed its allocated budget;

(2) The term of each position shall not exceed one year; and

(3) The department shall report the creation of temporary positions to the department of budget and finance. [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 302A-436 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-436
Departmental duty toward exceptional children.
Status: in_force

(a) It is hereby declared to be of vital concern to the State that all exceptional children residing in the State be provided with instruction, special facilities, and special services for education, therapy, and training to enable them to live normal competitive lives. In order to effectively accomplish this purpose, the department shall establish and administer instruction, special facilities, and special services for the education, therapy, and training of exceptional children, and provide in connection therewith corrective therapy, together with academic, occupational, and related training. The department shall cooperate with other agencies of the State charged with the administration of laws providing any type of service or aid to the exceptional child, and with the United States government through any appropriate agency or instrumentality in developing, extending, and improving the foregoing instruction, special facilities, and special services.

(b) This program shall include boarding facilities, when necessary, special classes in schools or homes, and such other facilities as shall be required to render appropriate services to the exceptional child. Existing facilities, buildings, and equipment belonging to, or operated by, the State shall be made available for these purposes when use thereof does not conflict with the primary use of the facilities. [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 302A-639 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-639
Houseparents; statewide center for students with hearing and visual impairments.
Status: in_force

All houseparents at the statewide center for students with hearing and visual impairments employed in the department shall be employed and have their compensation adjusted according to 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 houseparents shall be employed for twelve months on a full-time basis.
Haw. Rev. Stat. § 304A-603 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-603
Capacity of minors in qualifying for state higher education loans.
Status: in_force

Any student otherwise qualifying for a loan under the state higher education loan fund shall not be disqualified because the student is under the age of eighteen years, and for the purpose of applying for, receiving, and repaying the loan, any such person shall be deemed to have full legal capacity to act and shall have all rights, powers, privileges, and obligations of an adult with respect thereto.
Haw. Rev. Stat. § 302A-605 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-605
Principals and vice-principals.
Status: in_force

Principals and vice-principals shall meet the department's certification requirements.
Haw. Rev. Stat. § 302A-602.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-602.5
Certificates; revocation.
Status: in_force

The department may revoke any certificate after its issuance if the certificate holder does not possess the requisite qualifications. For the purposes of this section, the term "certificate" does not include a license issued by the Hawaii teacher standards board pursuant to part III, subpart D.
Haw. Rev. Stat. § 302A-802 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-802
Licensing and certification standards; policies.
Status: in_force

(a) The board shall establish licensing and certification standards that govern teacher licensing and certification in Hawaii. Licensing and certification standards established by the board shall be adopted as rules under chapter 91 unless otherwise specified in this subpart.

(b) In the development of its standards, the board shall consider the existing teacher applicant pool that is available in the State and the level of the qualification of these applicants, as well as the nature and availability of existing preservice teacher training programs.

(c) The board shall adopt policies, exempt from chapters 91 and 92, to initiate the following:

(1) Develop criteria allowing more individuals with trade or industry experience to teach in vocational, technical, and career pathway programs, and criteria for the issuance of permits allowing qualified individuals to teach when recommended by the superintendent or the commission, when appropriate. The department or the commission, when appropriate, shall be responsible for the review and acceptance of the relevant licenses, certificates, or other qualifications related to an individual's vocational, technical, or career pathway education-related experience that the department or the commission, when appropriate, deems necessary for a permit. The department or the commission, when appropriate, shall have the authority to waive the requirement of a bachelor's degree to teach in a vocation, technical, or career pathway education program;

(2) Develop a plan to accept teachers from any state as long as they have completed state-approved teacher education programs and pass relevant Hawaii teacher examinations or their equivalent;

(3) Clarify the requirements, on a state-by-state basis, for out-of-state licensed teachers to obtain a license in Hawaii;

(4) Develop a plan to facilitate licensing for those who intend to teach in Hawaii immersion programs, the island of Niihau, or any other extraordinary situation as defined by the superintendent or the superintendent's designee, or by the commission, when appropriate;

(5) Pursue full teacher license reciprocity with all other states; and

(6) Develop a plan to facilitate an optional certification for those who teach or intend to teach at private schools. [L 1996, c 89, pt of §2; am L 2001, c 312, pt of §10, §13; am L 2002, c 16, §18; am L 2005, c 159, §12; am L 2006, c 226, §2; am L 2007, c 146, §2; am L 2014, c 39, §4; am L 2020, c 53, §1]
Haw. Rev. Stat. § 303-6 — HI Code / Division 1 / Title 18 / Chapter 303 / Section 303-6
Participation in qualified football coaches pension plan.
Status: in_force

The University of Hawaii, on behalf of any of its football coaches, may enter into a written agreement with any association of football coaches with a qualified coaches plan under the Employee Retirement Income Security Act of 1974, as amended, for the purpose of enabling its football coaches to participate in the association's qualified pension plan. The University of Hawaii may withhold sums from a participating football coach's salary and pay those sums directly to the qualified coaches plan if withholding and payment are required under the plan.
Haw. Rev. Stat. § 304A-2681 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2681
Imposition of rates, rents, fees, and charges; pledge, allocation of appropriation.
Status: in_force

(a) The board shall impose and collect rates, rents, fees, and charges for the use or enjoyment and services of the facilities of each university project, and shall revise rates, rents, fees, and charges whenever necessary, or allocate all or any portion of appropriation for each university project, so that, in aggregate, the revenue of the university with respect to all university projects, university systems, or networks shall produce revenue of the university at least sufficient:

(1) To pay the cost of maintenance of all university projects, university systems, or networks or any combination thereof, including reserves therefor;

(2) To pay when due all revenue bonds and interest thereon, for the payment of which all or any part of the revenue of the university is or has been pledged, charged, or otherwise encumbered, including reserves therefor;

(3) To reimburse the general fund of the State for principal and interest on general obligation bonds issued for university projects, university systems, or networks or any combination thereof, or to refund general obligation bonds, to the extent required by law; and

(4) To carry out all covenants and provisions of the resolution authorizing the issuance of revenue bonds.

(b) Nothing in this subpart shall preclude the making of appropriations to the university or board, including any appropriation, or the acceptance of gifts by the board or the use of funds derived from the sale of stocks, bonds, or other assets in the possession of the board to pay all or part of the cost of construction or maintenance of any or all university projects, university systems, or networks. [L 2007, c 161, pt of §1]
Haw. Rev. Stat. § 304A-1903 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1903
Mauna Kea lands[;] rules.
Status: in_force

The board of regents may adopt rules pursuant to chapter 91 to regulate public and commercial activities on Mauna Kea lands.

In adopting these rules, the board shall:

(1) Strive for consistency with the administrative rules of the division of forestry and wildlife of the department of land and natural resources related to forest reserves and natural area reserves;

(2) Consult with the office of Hawaiian affairs to ensure that these rules shall not affect any right, customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupuaa tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights; and

(3) Hold at least one public hearing, in addition to the public hearing at which decision-making on the proposed rule is made, on the island of Hawaii. [L 2009, c 132, pt of §2]
Haw. Rev. Stat. § 302A-1302 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1302
§§302A-1302 and 302A-1303 REPEALED.
Status: repealed

§§302A-1302 and 302A-1303 REPEALED. L 2012, c 133, §§62, 63.
Haw. Rev. Stat. § 309H-1 — HI Code / Division 1 / Title 18 / Chapter 309H / Section 309H-1
Definitions.
Status: in_force

As used in this chapter, unless the context requires otherwise:

"Loan repayment" or "repayment of loan" means the payment of up to twenty per cent of a Hawaii health corps program participant's health care training costs including but not limited to tuition not exceeding $35,000 per year for a maximum of five years of repayment.

"Nurse practitioner" means a person licensed as an advanced practice registered nurse under chapter 457.

"Physician" means a person licensed to practice medicine and surgery, as required by section 453-2.

"Physician assistant" means a person licensed to practice medicine under the supervision of a physician or osteopathic physician, as required by section 453-5.3.

"Residency" means a physician or nurse practitioner participating in an accredited program of post graduate study. [L 2012, c 187, pt of §2]
Haw. Rev. Stat. § 312-4.5 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-4.5
Disposition of fines and related income.
Status: in_force

Unless otherwise provided by law, income from the operation of libraries that are financially supported by the State shall be deposited with the director of finance to the credit of the general 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.
Haw. Rev. Stat. § 302A-431.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-431.5
§§302A-431.
Status: repealed

§§302A-431.5 to 302A-431.8 REPEALED. L 2012, c 133, §§34 to 37.
Haw. Rev. Stat. § 302A-1149.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1149.5
After-school plus program revolving fund.
Status: in_force

(a) There is established in the state treasury the after-school plus program, hereinafter A+, revolving fund to be administered by the department.

(b) The A+ revolving fund shall consist of fees collected by the department for A+ and all interest earned on the deposit or investment of moneys in the after-school plus program revolving fund.

(c) The department may establish appropriate fees and other charges to be assessed to each participant for A+. The revenues from those fees and charges shall be deposited into the revolving fund to be used for the program. [L 2004, c 221, §2; am L 2008, c 33, §2; am L 2012, c 133, §21]
Haw. Rev. Stat. § 302A-1502.4 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1502.4
Hawaii 3R's school improvement fund.
Status: in_force

(a) There is established the Hawaii 3R's school improvement fund (hereinafter, "fund") as a separate restricted fund of Hawaii 3R's, a Hawaii nonprofit organization. Moneys received from the State, county, or federal government, private contributions of cash or other property, and the income and capital gains earned by the fund shall constitute its assets.

(b) Hawaii 3R's shall expend moneys from the fund in the form of either grants to organizations or contracts with private vendors for the improvement of public schools and benefit of students in Hawaii in accordance with this section.

(c) The fund may receive contributions, grants, endowments, or gifts in cash or otherwise from all sources, including corporations or other businesses, foundations, government, individuals, and other interested parties. The fund shall also receive moneys transferred to it from the school-level minor repairs and maintenance special fund established under section 302A-1504.5. The legislature intends that public and private sectors review and investigate all potential funding sources. The State may appropriate moneys to the fund; provided that any appropriations made by the State are not intended to supplant the funding of any existing programs.

(d) Chapter 103D shall not apply to organizations or agencies that apply for grants or contracts under this section; provided that Hawaii 3R's shall be held accountable for the use of the funds under a contract with the department.

(e) The fund shall not be placed in the state treasury, and the State shall not be liable for the operation or solvency of the fund or Hawaii 3R's. [L 2003, c 214, §2; am L 2004, c 51, §54 and c 213, §3; am L 2011, c 150, §2; am L 2012, c 133, §29; am L 2014, c 207, §2]
Haw. Rev. Stat. § 302L-1 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"At-risk children" means children who, because of their home and community environment, are subject to language, cultural, economic, and other disadvantages that cause them to be at risk for school failure, including children:

(1) Who are placed through their individualized education programs in a general education setting;

(2) Who are English as a second language learners;

(3) Who are in foster care;

(4) Who are homeless; or

(5) Whose family income is no more than three hundred per cent of the federal poverty level.

"Board" means the early learning board established pursuant to this chapter.

"Center-based" describes programs in which early learning services are provided in a facility, including private preschools, child care centers, and head start programs, licensed, or excluded or exempt from licensing, by the department of human services.

"Early learning" means developmentally appropriate early childhood development and education for children from prenatal care until the time they enter kindergarten.

"Early learning system" means a developmentally appropriate early childhood development and education system for children from prenatal care until the time they enter kindergarten.

"Family child care program" means a program in which a child is cared for in a family child care home licensed under section 346-161.

"Family-child interaction learning program" means a program attended by both a child and at least one adult who is the child's parent, relative, or other caregiver, that facilitates family-child interactive learning experiences for children and educates the family member or members about how to encourage the child's learning.

"Family engagement" means practices that engage families in recognition of the need for families to actively support their child's learning and development, including classrooms that make families feel welcome, communication with families on an ongoing basis, the promotion of responsible parenting, and involvement in decisions that affect families and their children.

"Home-based instruction program" means a family-involvement, school-readiness program that helps families prepare their child for success in school and beyond, and that is based in the child's home; provided that home schooling is not a home-based instruction program.

"Office" means the executive office on early learning established pursuant to this chapter.

"Underserved children" means children who have no access to, or are not qualified to attend, other early learning programs and whose family income is no more than three hundred per cent of the federal poverty level. [L Sp 2008, c 14, pt of §2; am L 2012, c 178, §5; am L 2015, c 108, §3 and c 109, §3; am L 2017, c 202, §2; am L 2019, c 276, §9]
Haw. Rev. Stat. § 302A-1152 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1152
Unauthorized vehicles on school or public library grounds.
Status: in_force

Any unauthorized vehicle parked on school or public library grounds may be towed away at the owner's expense, or the owner or driver of the vehicle may be arrested by any police officer without warrant, on complaint of the principal, librarian, or other person in charge of the school or library. Notwithstanding any other law to the contrary, upon conviction for parking an unauthorized vehicle on school or public library grounds, the owner or driver of the vehicle shall be fined not more than $50.
Haw. Rev. Stat. § 304A-202 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-202
Board to act as agency.
Status: in_force

The board of regents is designated and authorized to serve as the agency of this State to formulate, submit to the Secretary of Agriculture of the United States, and administer plans, hereinafter referred to as "agricultural plans", pursuant to section 7 of the Soil Conservation and Domestic Allotment Act.
Haw. Rev. Stat. § 302A-1612 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1612
Use of data reflecting recent conditions in impact fee calculations.
Status: in_force

[Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] (a) Every three years beginning in 2010, the authority shall update the school site area averages, using the total school land requirement for each individual in a school impact district as calculated pursuant to section 302A-1606(b).

(b) Every three years following the initial determinations made pursuant to section 302A-1604, the authority shall update the following:

(1) Student generation rates for each established school impact district; and

(2) The statewide level of service.

(c) If any data update required by this section is not completed within the specified time, the most current data shall be used until the update is completed. [L 2010, c 188, §2; am L 2020, c 72, §7; am L 2021, c 217, §12; am L 2025, c 268, §8]
Haw. Rev. Stat. § 304A-3005 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3005
Research corporation excepted from certain state laws.
Status: in_force

To carry out the purposes and objectives of the research corporation, including the conduct of research and training projects, the research corporation shall be granted flexibility in hiring its personnel and in handling and disbursing moneys by being excepted from the following state laws:

(1) Sections 36-27 and 36-30, relating to special fund reimbursements to the state general fund;

(2) Chapter 103D, relating to advertising for bids and purchases to be made in Hawaii whenever public moneys are expended;

(3) Chapter 103D with respect to construction contracts; provided that the exception shall not apply where state funds are used and compliance with chapter 103D is required by a bill enacted by the legislature;

(4) Chapter 76, relating to civil service; and

(5) Section 78-1, relating to public employment. [L 2006, c 75, pt of §2; am L 2013, c 288, §3]
Haw. Rev. Stat. § 311D-3 — HI Code / Division 1 / Title 18 / Chapter 311D / Section 311D-3
[ §311D-3] Appointment of compact commissioner.
Status: in_force

[ §311D-3] Appointment of compact commissioner. As required by article VIII of the compact, the state superintendent of education shall recommend, with the approval of the board of education, the compact commissioner, who shall be responsible for the administration and management of the State's participation in the compact.
Haw. Rev. Stat. § 302A-807 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-807
Refusal, suspension, revocation, and reinstatement of licenses.
Status: in_force

(a) The board shall serve as the final adjudicator for appeals relating to licensing, including the issuance or nonissuance of licenses, and the condition, suspension, nonrenewal, and revocation of licenses.

(b) The board shall establish procedures for the conduct of proceedings for the consideration of requests filed with the board. In every case to condition, revoke, or suspend a license, the board shall give the person concerned written notice that a request has been filed with the board. The board shall conduct a hearing in conformity with chapter 91, and shall provide for confidentiality of the proceedings to protect the parties. In all proceedings before it, the board may administer oaths, compel the attendance of witnesses and production of documentary evidence, and examine witnesses. In case of disobedience by any person to any order of the board or to any subpoena issued by the board, or the refusal of any witness to testify to any matter that the person may be questioned lawfully, any circuit judge, on application of the board or a member thereof, shall compel obedience in the case of disobedience of the requirements of a subpoena issued by a circuit court or a refusal to testify.

(c) Any applicant who has been refused a license, or any licensee whose license has been conditioned, suspended, or revoked, shall have the right to appeal the board's decision to the circuit court of the circuit in which the applicant or licensee resides in the manner provided in chapter 91; provided that out-of-state resident applicants shall file their appeals in the first circuit court.

(d) Upon revocation of a license, the board may disclose the name, birthdate, social security number, and any other pertinent information about the former holder of the license:

(1) To the department;

(2) To the commission; and

(3) For the purpose of exchanging information under chapter 315 with other national or state teacher certification agencies about school personnel who have had licenses revoked. [L 1996, c 89, pt of §2; am L 2001, c 312, pt of §10 and §13; am L 2002, c 16, §20 and c 226, §4; am L 2003, c 3, §12 and c 133, §5; am L 2011, c 134, §4; am L 2014, c 39, §8; am L 2019, c 279, §2]
Haw. Rev. Stat. § 302A-835 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-835
Annual review; disposal of units.
Status: in_force

The department of education shall annually review the status of and necessity for subsidized teachers' housing throughout the State and, upon determination that any particular housing unit is no longer necessary, shall dispose of that unit by sale, demolition, or otherwise. Any net proceeds from the disposal of a unit shall be paid to the governmental entity vested with fee title to the unit at the time of disposition, and any deficit incurred in the disposal shall be paid by the State.
Haw. Rev. Stat. § 311-1 — HI Code / Division 1 / Title 18 / Chapter 311 / Section 311-1
Terms and provisions of compact.
Status: in_force

The Compact for Education is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:

PREAMBLE

WHEREAS, the proper education of all citizens is one of the most important responsibilities of the States to preserve a free and open society in the United States; and,

WHEREAS, the increasing demands of our whole national life for improving and expanding educational services require a broad exchange of research data and information concerning the problems and practices of education; and,

WHEREAS, there is a vital need for strengthening the voices of the States in the formulation of alternative nationwide educational policies.

THE STATES AFFIRM the need for close and continuing consultation among our several States on all matters of education, and do hereby establish this Compact for Education.

COMPACT FOR EDUCATION

ARTICLE I. PURPOSE AND POLICY.

A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding among executive, legislative, professional, educational, and lay leadership on a nationwide basis at the state and local levels.

2. Provide a forum for the discussion, development, crystallization, and recommendation of public policy alternatives in the field of education.

3. Provide a clearing house of information on matters relating to educational problems and how they are being met in different places throughout the Nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.

4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods, and facilities.

B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement, and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.

C. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the Nation, and because the products and services contributing to the health, welfare, and economic advancement of each state are supplied in significant part by persons educated in other states.

ARTICLE II. STATE DEFINED.

As used in this Compact, "state" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

ARTICLE III. THE COMMISSION.

A. The Education Commission of the States, hereinafter called "the commission", is hereby established. The commission shall consist of seven members representing each party state. One of such members shall be the governor; two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the commission, six members shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge, or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed ten non-voting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.

B. The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III(j).

C. The commission shall have a seal.

D. The commission shall elect annually, from among its members, a chairman, who shall be a governor, a vice-chairman and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.

E. Irrespective of the civil service, personnel, or other merit system laws of any of the party States, the executive director subject to the approval of the steering committee shall appoint, remove, or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.

F. The commission may borrow, accept, or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

G. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph F of this Article shall be reported in the annual report of the commission. Such report shall include the nature, amount, and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.

H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

I. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

J. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.

ARTICLE IV. POWERS.

In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:

1. Collect, correlate, analyze, and interpret information and data concerning educational needs and resources.

2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems.

3. Develop proposals for adequate financing of education as a whole and at each of its many levels.

4. Conduct or participate in research of the types referred to in this Article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.

5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies, and public officials.

6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.

ARTICLE V. COOPERATION WITH FEDERAL GOVERNMENT.

A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed ten representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission.

B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.

ARTICLE VI. COMMITTEES.

A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of thirty-two members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee shall consist of governors, one-fourth shall consist of legislators, and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the commission shall be elected as follows: sixteen for one year and sixteen for two years. The chairman, vice-chairman, and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two term limitation.

B. The commission may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states.

C. The commission may establish such additional committees as its bylaws may provide.

ARTICLE VII. FINANCE.

A. The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

B. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.

C. The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III(G) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to Article III(G) thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

D. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.

E. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

F. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE VIII. ELIGIBLE PARTIES; ENTRY

INTO AND WITHDRAWAL.

A. This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term "governor", as used in this compact, shall mean the closest equivalent official of such jurisdiction.

B. Any state or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same; provided that in order to enter into initial effect, adoption by at least ten eligible party jurisdictions shall be required.

C. Adoption of the compact may be either by enactment thereof or by adherence thereto by the governor; provided that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact through gubernatorial action, the governor shall appoint those persons who, in addition to himself, shall serve as the members of the commission from his state, and shall provide to the commission an equitable share of the financial support of the commission from any source available to him.

D. Except for a withdrawal effective on December 31, 1967 in accordance with paragraph C of this Article, any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE IX. CONSTRUCTION AND SEVERABILITY.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters. [L 1966, c 32, §2; am L 1967, c 115, §2; HRS §311-1]
Haw. Rev. Stat. § 304A-2683 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2683
University project, university system, networks, and revenue bonds exempt from taxation.
Status: in_force

The revenue of the university and the property of any university project, university system, or network shall be exempt from all taxation and assessments by the State or any county or other political subdivision thereof. Revenue bonds issued under this subpart and all income therefrom shall be exempt from all taxation by the State or any county or other political subdivision thereof, except inheritance, transfer, and estate taxes.
Haw. Rev. Stat. § 302A-630 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-630
[Teachers; additional benefits or credits.
Status: in_force

§302A-630 [Teachers; additional benefits or credits.] (a) Teachers with special assignments, where their responsibilities are greater, may be provided additional benefits by the department.

(b) Teachers in Hawaiian language medium education whose responsibilities are greater or unique and require additional language skills may be provided additional benefits by the department.

(c) In determining additional benefits for vocational agriculture and technical school teachers, the department may allow credit for practical experience.

(d) In determining additional benefits for teachers, staff, and administrators in Hawaiian language medium education, the department may allow credit for practical experience. [L 1996, c 89, pt of §2; am L 2004, c 133, §3]
Haw. Rev. Stat. § 302A-1802 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1802
Student conference committee.
Status: in_force

There is created a student conference committee composed of sixteen secondary school students. There shall be two students from each of the seven local school districts, who shall be selected by the superintendent or the superintendent's designee, and two students from schools represented by the Hawaii Association of Independent Schools, who shall be selected by a representative of the Hawaii Association of Independent Schools.
Haw. Rev. Stat. § 302A-127 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-127
Board of education; senate advice and consent.
Status: in_force

In determining whether to confirm the governor's nominees to the board, the senate shall consider the combination of abilities, breadth of experiences, and characteristics of the board, as a whole, that will best serve the diverse interests and needs of the students and their families, the education system in Hawaii from early childhood through higher education, and the public libraries. Such considerations shall include but not be limited to reflecting the diversity of the student population, geographical representation, and a broad representation of education-related stakeholders.
Haw. Rev. Stat. § 302A-1134 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1134
Exclusion from school.
Status: in_force

(a) If for any reason a child becomes a detriment to the morals or discipline of any school, the child may be precluded from attending school by the principal, with the approval of the complex area superintendent; provided that this section shall not apply to children participating in the executive office on early learning public prekindergarten program pursuant to section 302L-7. The department shall seek the active participation of other public and private agencies in providing help to these children before and after they have left school. An appeal may be taken on behalf of the child to the superintendent of education within ten days from the date of such action.

(b) Any child who, while attending school, is found to be in possession of a firearm, shall be excluded from attending school for not less than one year. The due process procedures of chapter 19 of the Department of Education, Hawaii Administrative Rules, shall apply to any child who, while attending school, is alleged to be in possession of a firearm. The superintendent, on a case-by-case basis, may modify the exclusion of a child found to be in possession of a firearm while attending school. If a child is excluded from attending school, the superintendent shall ensure that substitute educational activities or other appropriate assistance shall be provided.

(c) Unless otherwise required by the Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq., no person who is twenty years of age or over on the first instructional day of the school year shall be eligible to attend a public school; provided that if a person reaches twenty years of age after the first instructional day of the school year, the person shall be eligible to attend public school for the full school year. [L 1996, c 89, pt of §2 and am c 90, §3; am L 2003, c 187, §10; am L 2010, c 163, §1; am L 2014, c 215, §3; am L 2020, c 24, §2; am L 2022, c 224, §3]
Haw. Rev. Stat. § 302A-1165 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1165
Standardized assessment for students entering kindergarten.
Status: in_force

(a) The board of education shall adopt a kindergarten entry assessment, and the department of education shall administer the kindergarten entry assessment.

(b) The kindergarten entry assessment shall:

(1) Be administered within the first thirty days of each child's admission into kindergarten;

(2) Be a uniform, statewide assessment; provided that the assessment shall be conducted in English or Hawaiian;

(3) Cover all essential domains of school readiness, including:

(A) Language and literacy development;

(B) Cognition and general knowledge;

(C) Approaches to learning;

(D) Physical well-being and motor development; and

(E) Social and emotional development;

(4) Be used in conformance with the recommendations of the National Research Council reports on early childhood; and

(5) Be valid and reliable for its intended purpose.

(c) Information obtained from the kindergarten entry assessments shall be used to:

(1) Close the school readiness gap at kindergarten entry;

(2) Inform instruction in the early elementary school grades; and

(3) Inform parents of their children's status and to involve parents in decisions regarding their children's education.

(d) 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 210, §9 and c 230, §5]
Haw. Rev. Stat. § 302D-29.5 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-29.5
Facilities funding.
Status: in_force

(a) Beginning with the 2016-2017 fiscal year, and each fiscal year thereafter, the legislature shall consider making an appropriation and bond authorization to the commission for the design, planning, construction, repair, and maintenance of public charter school improvements to address issues of health, safety, and legal compliance; expand or improve instructional space; provide for food services; or provide restroom facilities. The appropriation and bond authorization for charter schools shall be separate from, and in addition to, any appropriation made to charter schools pursuant to this section and section 302D-28. These amounts shall be prioritized for allocation by the charter school facilities funding working group.

(b) The governor, pursuant to chapter 37, may impose restrictions or reductions on appropriations for charter schools similar to those imposed on department schools.

(c) This section shall not limit the ability of the director of finance to modify or amend any allotment pursuant to chapter 37.

(d) There is established a charter school facilities funding working group within the department of education, which shall consist of the following members, or their designees:

(1) The chairperson of the commission;

(2) The executive director of the commission;

(3) The director of finance;

(4) The comptroller;

(5) The superintendent of education;

(6) An individual with expertise in real estate, to be appointed by the chairperson of the commission; and

(7) An individual with expertise in finance, to be appointed by the chairperson of the commission.

The commission shall develop criteria to determine the distribution of funds appropriated pursuant to subsection (a) to the charter schools. The criteria shall include distribution based on the need and performance of the charter schools, overall benefit to the surrounding community, amount of risk and availability of recourse to the State, and whether a particular charter school received facilities funding through other state funding, including grants-in-aid or a separate appropriation.

The charter school facilities funding working group shall be exempt from chapter 92 and shall act in an advisory capacity to prioritize the allocation of general fund appropriations and bond proceeds for public charter schools to expend based on the criteria established by the commission.

(e) Nothing in this section shall be construed as restricting the authority of the commission to support the facilities needs of the charter schools through other means. [L 2013, c 159, pt of §1; am L 2014, c 99, §19; am L 2015, c 234, §4]
Haw. Rev. Stat. § 304A-2156 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2156
REPEALED.
Status: in_force

L Sp 2021, c 9, §47.
Haw. Rev. Stat. § 302A-406 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-406
Transportation of school children.
Status: in_force

(a) The department may provide suitable transportation to and from school and for educational field trips for all children in grades kindergarten to twelve and in special education classes. The department shall adopt policies, procedures, and programs as it deems necessary to provide suitable transportation.

(b) The department shall adopt rules under chapter 91 governing the supervision and administration of the transportation of school children under this section. [L 1996, c 89, pt of §2; am L 2010, c 167, §5; am L 2013, c 257, §2]
Haw. Rev. Stat. § 302A-620 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-620
Classification/compensation appeals board; adjustments to classification/compensation plan.
Status: in_force

(a) There shall be established a classification/compensation appeals board within the department for administrative purposes. The appeals board shall be composed of three members. One member shall be appointed by the board of education and one member appointed by the exclusive bargaining unit representing educational officers. The third member shall be appointed by the governor and shall serve as chairperson. No member shall be an employee of the department, a member of the board of education, or an employee of the organization representing educational officers. The appeals board shall sit as an appellate body on matters of classification/compensation. All decisions of the appeals board shall be by majority vote and be binding on both parties.

(b) The appeals board shall meet biennially every even-numbered year to receive pricing appeals from affected persons and parties relating to the classification/compensation plan. All petitions for appeal shall be filed with the appeals board within twenty days from the date set by the appeals board for receipt of these appeals.

The appeals board shall meet on a quarterly basis as needed to receive classification appeals. All petitions for educational officer classification appeals shall be filed with the appeals board within twenty working days from the date of receipt of notification of the classification action or twenty working days from the date of receipt of the superintendent's written decision on the employee's internal administrative review appeal.

(c) The appeals board shall function independently of the board of education and the department, but may procure office facilities and clerical assistance from them. Neither the appeals board nor any of its members or staff shall consult with any member of the board of education or department except on notice and opportunity for the appealing employee or the employee's representative to participate.

The appeals board shall adopt policies and standards relative to classification/compensation. The appeals board may adopt rules pursuant to chapter 91 for the conduct of appeal hearings.

(d) The appeals board shall make whatever adjustments that are necessary to the affected classes where the appeals have been filed in the classification/compensation plan.

The appeals board shall hear pricing appeals and complete the final adjustment to the classification/compensation plan by the first Wednesday of December of all even-numbered years. Following the final pricing adjustment to the classification/compensation plan, the superintendent shall submit to the legislature, through the office of the governor, a report setting forth the classification/compensation plan and the cost thereof for its information and approval. The approved classification/compensation plan shall be effective as of July1 of each odd-numbered year.

The appeals board shall hear classification appeals on a quarterly basis upon receipt of the appeals. The effective date of the appeals for twelve-month educational officers shall be the first pay period immediately following the receipt of the current position description by the classification/compensation section of the department. The effective date for ten-month officers shall be the beginning of the appropriate semester (September or January).

(e) Notwithstanding any other laws to the contrary, each member of the appeals board shall receive $50 per day for each day on which work is done by them in connection with authorized activities of the appeals board. The cost thereof shall be met by legislative appropriations for the appeals board. [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 302A-1804 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1804
Student conference advisory committee.
Status: in_force

There is created a student conference advisory committee to assist and advise the student conference committee in planning, coordinating, and evaluating the annual conference of secondary school students. The department shall maintain guidelines and procedures for the establishment of the student conference advisory committee.
Haw. Rev. Stat. § 304A-1407 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1407
Collaboration with the center for nursing.
Status: in_force

The University of Hawaii school of nursing and dental hygiene, the state board of nursing, other schools of nursing within the State, professional nursing organizations, employers in the healthcare industry, and labor unions representing nurses and healthcare workers shall collaborate with the center for nursing and provide workforce data to the center for nursing when requested.
Haw. Rev. Stat. § 302A-1156 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1156
Exemptions.
Status: in_force

A child may be exempted from the required immunizations:

(1) If a licensed physician, physician assistant, or advanced practice registered nurse certifies that the physical condition of the child is such that immunizations would endanger the child's life or health; or

(2) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's bona fide religious tenets and practices. Upon showing the appropriate school official satisfactory evidence of the exemption, no certificate or other evidence of immunization shall be required for entry into school. [L 1996, c 89, pt of §2; am L 2009, c 151, §9; am L 2014, c 45, §7]
Haw. Rev. Stat. § 304A-2163 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2163
Center for nursing special fund.
Status: in_force

There is established a center for nursing special fund into which shall be deposited any legislative appropriations, federal or private grants, and any other funds collected for the purposes of the center for nursing established under section [304A-1404]. The fund shall be administered by the university, and moneys in the fund shall be expended to support the center's activities.
Haw. Rev. Stat. § 304A-2403 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2403
Acceptance of federal aid; career and technical education.
Status: in_force

(a) The State accepts, together with the benefits of all respective funds appropriated thereby, all of the provisions of the Act of Congress approved February23, 1917, entitled: "An Act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture, trade and industries; to provide for the cooperation of the States in the preparation of teachers of vocational subject; and to appropriate money and regulate its expenditure" and any Acts that amend or supplement the Act.

(b) The state board for career and technical education shall be the board of regents as designated under section [304A-301]. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 309H-3 — HI Code / Division 1 / Title 18 / Chapter 309H / Section 309H-3
Hawaii rural health care provider loan repayment program.
Status: in_force

(a) There is created within the Hawaii health corps program, the Hawaii rural health care provider loan repayment program to be administered by the University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene in partnership with a lending financial institution whose operations are principally conducted in Hawaii. The Hawaii rural health care provider loan repayment program shall provide loan repayments to eligible physicians, physician assistants, and nurse practitioners who make the service commitment under subsection (b). The University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene shall make loan repayments directly to the financial institution under subsection (b) to offset the loan repayment for which the Hawaii rural health care provider loan repayment program recipient would otherwise be liable. Loan repayments shall commence upon the commencement of loan repayments by the Hawaii rural health care provider loan repayment program recipient to the lending financial institution. The University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene shall prioritize loan repayments in accordance with the greatest specialty shortages for the particular county.

(b) The Hawaii rural health care provider loan repayment program shall provide loan repayments on behalf of licensed physicians, physician assistants, and nurse practitioners who agree to serve for five consecutive years as a physician, physician assistant, or nurse practitioner in a county having a shortage of physicians, physician assistants, and nurse practitioners, with priority given to a rural area of that particular county; provided that eligible physicians, physician assistants, or nurse practitioners, as applicable, shall have graduated from a duly accredited medical school or nursing school within the United States; provided further that preference shall be given to graduates of the University of Hawaii John A. Burns school of medicine or the University of Hawaii at Manoa school of nursing and dental hygiene, as applicable.

(c) Eligible participants in the Hawaii rural health care provider loan [repayment] program shall be determined by the University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene on a competitive basis and in accordance with subsection (b).

(d) If a Hawaii rural health care provider loan repayment program participant fails to satisfy the recipient's service commitment under subsection (b), the Hawaii rural health care provider loan repayment program participant shall be liable for the repayment of the outstanding balance of the loan to the lending financial institution under subsection (b). In addition, the University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene may seek reimbursement for any loan repayment made by the University of Hawaii John A. Burns school of medicine or the University of Hawaii at Manoa school of nursing and dental hygiene on behalf of the Hawaii rural health care provider loan repayment program participant.

(e) In accordance with chapter 103D, the University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene may enter into written contracts with collection agencies to collect delinquent reimbursements of loan repayments. All payments collected, exclusive of a collection agency's commissions, shall revert and be credited to the Hawaii health corps fund. A collection agency that enters into a written contract with the University of Hawaii John A. Burns school of medicine or the University of Hawaii at Manoa school of nursing and dental hygiene to collect delinquent reimbursements of loan repayments pursuant to this section may collect a commission from the debtor in accordance with the terms of, and up to the amounts authorized in, the written contract. [L 2012, c 187, pt of §2]
Haw. Rev. Stat. § 309H — HI Code / Division 1 / Title 18 / Chapter 309H / Section 309H
-5] Rules.
Status: in_force

The University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene shall adopt rules to administer this chapter. The rules shall be adopted pursuant to chapter 91, but shall be exempt from public notice and public hearing requirements.
Haw. Rev. Stat. § 302A-492 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-492
Revocation of the power of attorney for special education.
Status: in_force

(a) An adult student may revoke the designation of an agent in writing to the supervising teacher.

(b) A teacher, agent, or guardian who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising teacher and to any educational institution at which the student is receiving special education services.

(c) A decree of annulment, divorce, dissolution of marriage, or legal separation shall revoke a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for special education.

(d) A power of attorney for special education that conflicts with an earlier power of attorney for special education revokes the earlier power of attorney for special education to the extent of the conflict. [L 2008, c 182, pt of §2]
Haw. Rev. Stat. § 302C-2 — HI Code / Division 1 / Title 18 / Chapter 302C / Section 302C-2
[ §302C-2] Investigation of misconduct; reporting to the department of education; harm to students registry; due process; indemnity.
Status: in_force

[ §302C-2] Investigation of misconduct; reporting to the department of education; harm to students registry; due process; indemnity. (a) Pursuant to the requirements of section 302A-1006, each private school shall certify to the department any final finding resulting from the private school's investigation that an employee inflicted harm on a student, notwithstanding whether the employee was terminated, retired, resigned, or was banned from the school pending completion of the investigation. Each private school shall complete an investigation without regard to the status of employment of the employee under investigation or the status of the employee's future involvement with the institution.

(b) The reporting private school shall certify, before transmitting an employee's name and other information to the department, that:

(1) The employee whose name and information are transmitted to the department for inclusion on the harm to students registry was given prior written notice of the private school's decision to transmit the employee's name and information for this purpose;

(2) The employee was given the opportunity to appeal the decision; and

(3) The employee either waived the right to appeal or lost the appeal.

The department shall rely on the certification of the private school that the employee was provided due process in accordance with this section.

(c) Each private school shall consult the harm to students registry to determine whether a candidate for employment at the school is listed on the registry.

(d) Each private school shall consult the harm to students registry before authorizing a volunteer's assistance in a role that involves the volunteer's interaction with, or close proximity to, a student or students.

(e) If a candidate for employment or a potential volunteer's name is listed on the harm to students registry, the private school shall cease to consider the candidate for employment or shall prohibit the volunteer's assistance in a role that involves interaction with, or close proximity to, a student or students.

(f) Each private school, when requested by another institution, shall share with that institution the existence of any employee investigation that includes allegations of infliction of harm to a student, including ongoing investigations.

(g) A private school that provides information or an opinion about an employee's job performance to a prospective employing institution shall be presumed to be acting in good faith and shall have qualified immunity from civil or criminal liability for disclosing the information and for the consequences of the disclosure.

(h) The good faith presumption under subsection (g) shall be rebuttable upon a showing, by a preponderance of the evidence, that the information or opinion disclosed was:

(1) Knowingly false; or

(2) Knowingly misleading.

(i) Nothing in subsections (g) and (h) shall affect the rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378.

(j) A person whose name is listed on the harm to students registry may request the reporting private school to submit a certified request to the department to remove the person's name from the registry if new information is discovered that proves that the person has not inflicted harm on a student such that the person's name does not belong on the registry.

(k) A private school certifying the inclusion of an employee on or removal of an employee from the harm to students registry, or refusing to certify the removal of an employee from the harm to students registry, shall defend and indemnify the department from any liability resulting from any claim or cause of action relating to the employee's inclusion on or removal from the registry, or relating to the private school's refusal to certify the removal of the employee from the registry.

(l) As used in this section:

"Department" means the department of education.

"Employee" has the same meaning as defined in section 302A-1006(q).

"Final finding" has the same meaning as defined in section 302A-1006(q).

"Harm to students registry" or "registry" has the same meaning as defined in section 302A-1006(q).

"Inflicted harm on a student" or "infliction of harm on a student" has the same meaning as defined in section 302A-1006(q).

"Institution" has the same meaning as defined in section 302A-1006(q).

"Investigation" has the same meaning as defined in section 302A-1006(q). [L 2024, c 156, §3]
Haw. Rev. Stat. § 302A-612 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-612
School teachers afflicted with tuberculosis.
Status: in_force

No person who has contracted tuberculosis, while afflicted with the disease, may be allowed to teach in any public school.
Haw. Rev. Stat. § 302A-441 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-441
Studies, surveys, rules.
Status: in_force

The department shall establish and make such studies, surveys, evaluations, and rules as are necessary to carry out the purposes of sections 302A-436 to 302A-443.
Haw. Rev. Stat. § 302A-805 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-805
Teachers; license or permit required; renewals.
Status: in_force

[(a)] No person shall serve as a half-time or full-time teacher in a public school without first having obtained a license or permit from the board under this subpart. All licenses and permits issued by the board shall be valid only for the fields specified on the licenses and permits and shall be renewable every five years for a standard license and every ten years for an advanced license if the individual continues to:

(1) Satisfy the board's licensing and permit standards and submits verification, in a form specified by the board, that the individual has completed activities specified by the board in fulfillment of each of the teacher performance standards established by the board;

(2) Show evidence of successful teaching in the previous five years through verification by a supervisor, in a form specified by the board;

(3) Meet the professional fitness requirements established by the board;

(4) Satisfy the board's requirements for renewal of licenses and permits; and

(5) Pay all applicable license and permit fees in a timely manner.

The board shall randomly audit a licensee's or permit holder's compliance with paragraph (1) and may establish rules, pursuant to chapter 91, for the random audits.

[(b)] No person shall be issued a license or permit, or teach on an emergency basis in the public schools without having first paid the fees established by the board in accordance with chapter 91.

[(c)] The failure to timely renew a license or permit, pay all fees in a timely manner, or comply with any other requirement provided by law or administrative rule shall result in the automatic forfeiture of the license or permit. A person with a forfeited license or permit shall not teach at a public school until that person's license or permit is restored. Restoration of a license or permit shall require compliance with the renewal requirements provided by law or administrative rule and payment of all applicable renewal and late fees. Upon restoration of a person's license or permit, the person may teach at a public school. [L 1996, c 89, pt of §2; am L 1997, c 195, §3; am L 2000, c 106, §§2, 4; am L 2001, c 312, pt of §10, §12; am L 2004, c 10, §9; am L Sp 2009, c 2, §§4, 12; am L 2010, c 184, §§3, 9; am L 2011, c 134, §3; am L 2014, c 39, §7; am L 2018, c 50, §2; am L 2019, c 111, §12]
Haw. Rev. Stat. § 311-6 — HI Code / Division 1 / Title 18 / Chapter 311 / Section 311-6
Expenditures; reports.
Status: in_force

Expenditures by commission members shall be made upon warrants issued by the state comptroller based upon vouchers approved by the governor or the governor's duly authorized representative. A report of the activities and expenses of the commission members and a proposed program for the State's continuing participation in the activities of the compact for education, including a budget request, shall be submitted by the governor to the legislature.
Haw. Rev. Stat. § 312-8.5 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-8.5
Digital literacy program.
Status: in_force

(a) The board of education, through the state librarian, shall:

(1) Provide for the establishment and ongoing operation of a digital literacy program for the public libraries in the State; and

(2) Provide coordination and facilitation of the activities of digital literacy service providers and digital literacy programs in the public, private, and volunteer sectors.

(b) The objectives of the digital literacy program shall be to provide programmatic activities promoting digital learning in the community by providing digital skill building opportunities that aim to improve:

(1) Knowledge and skills in digital literacy;

(2) Knowledge and skills in the use of digital education tools and platforms; and

(3) Knowledge, skills, and the use of digital education tools and platforms to make digital technology accessible to individuals with disabilities.

(c) The digital literacy program shall not affect existing department of education programs relating to adult education as provided under sections 302A-432 to 302A-435. [L 2022, c 232, §2]
Haw. Rev. Stat. § 302A-1805 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1805
Annual conference.
Status: in_force

The annual conference of secondary school students shall be held once each school year, subject to program and funding limitations.
Haw. Rev. Stat. § 304A-2252 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2252
Renumbered as §304A-2173.
Status: in_force

§304A-2252 Renumbered as §304A-2173.
Haw. Rev. Stat. § 302A-625 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-625
Educational officers' salary schedules.
Status: in_force

The salary schedule for all educational officers of the department shall be negotiated pursuant to section 89-9.
Haw. Rev. Stat. § 304A-2159 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2159
University of Hawaii scholarship and assistance special fund.
Status: repealed

(a) There is established the University of Hawaii scholarship and assistance special fund to be administered by the University of Hawaii. The special fund shall be administered pursuant to the authority of the board of regents to grant, modify, or suspend the scholarship and assistance under section [304A-501]. This fund shall be used to provide financial assistance to qualified students enrolled at any campus of the University of Hawaii.

(b) Revenues deposited into this fund shall include but not be limited to state, federal, and private funds, funds transferred by the university from the tuition and fees special fund pursuant to section [304A-2153], and appropriations for the state scholars program; provided that state funds appropriated for any scholarship program, including but not limited to the B Plus scholarship program, the Hawaii state scholars program, and the workforce development scholarship program, shall be kept in a separate and distinct account.

(c) The annual report for the special fund shall include but not be limited to the number of tuition waivers, scholarships, and stipends. The report shall also include but not be limited to the number of tuition waivers granted under section [304A-503] through the Hawaii opportunity program in education. The report shall also include recommendations as appropriate to the legislature on all tuition waivers.

(d) This fund is not intended to provide loans or keep track of payback provisions. [L 2006, c 75, pt of §2 and c 257, §4]

Revision Note

The amendment by L 2006, c 257, §4 to repealed §304-16.6 is included in this section pursuant to L 2006, c 75, §18.
Haw. Rev. Stat. § 302A-407 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-407
School bus contracts.
Status: in_force

(a) Any school bus contract between the State and the contractor shall include a provision requiring the contractor to equip the contractor's vehicles with the signs and visual signals described in section 291C-95(d) and (g). The contract shall also include other provisions as may be deemed necessary by the State for the safety of school bus passengers and shall include provisions requiring compliance with the rules and standards described in section 286-181.

(b) All moneys received from students and parents or guardians of students by public schools for state-provided school busing services, as authorized by section 302A-406, shall be deposited into the school bus fare revolving fund. Except as otherwise provided by the legislature, expenditures for the operation of state-contracted school bus services, as authorized by section 302A-406, shall be made from this fund. [L 1996, c 89, pt of §2; am L 2002, c 108, §3; am L 2013, c 257, §3]
Haw. Rev. Stat. § 302A-433.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-433.5
[ §302A-433.
Status: in_force

[ §302A-433.5] Adult workforce readiness program; established. (a) There is established within the department an adult workforce readiness program to be administered by the adult and community education program.

(b) The department shall designate schools, including adult and community schools, that may participate in the program.

(c) Designated adult workforce readiness program schools shall provide opportunities for students to earn associate degrees, as well as workforce development diplomas, pre-apprenticeship certificates, and other industry-recognized certificates that assess and document the student's readiness for a wide range of employment.

(d) The department may coordinate with the department of labor and industrial relations and the department of human services division of vocational rehabilitation and may enter into contracts with local industry employers, as appropriate, to develop and implement the workforce readiness program.

(e) The department may adopt rules pursuant to chapter 91 for the purposes of this section. [L 2022, c 261, §2]
Haw. Rev. Stat. § 304A-121 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-121
Technology transfer; reporting.
Status: in_force

The board of regents of the University of Hawaii shall submit a written report to the legislature no later than twenty days prior to the convening of each regular session regarding:

(1) The development, implementation, and enforcement of its regulatory framework and research compliance program to reflect ethical research principles and technology transfer regulations used by the federal government;

(2) The technology transfer activities of the University of Hawaii, as defined in section 84-10, and the status of such activities; and

(3) A disclosure, including the University of Hawaii's conflict of interest management plan, of any conflict of interest of any employee of the University of Hawaii relating to its technology transfer activities. [L 2017, c 38, §§3, 5; am L Sp 2021, c 8, §§7, 8; am L 2024, c 115, §1]
Haw. Rev. Stat. § 304A-120 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-120
Campus safety and accountability.
Status: in_force

(a) The University of Hawaii shall:

(1) Train all University of Hawaii students enrolled at least part-time and employees, including campus safety and security personnel, Title IX coordinators, confidential advocates, and residential advisors, on:

(A) Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended;

(B) The Violence Against Women Act of 1994, as amended; and

(C) University of Hawaii executive policies on sexual misconduct;

(2) Provide all existing University of Hawaii employees with the training described in paragraph (1) by December 31, 2023, and every two years thereafter;

(3) Provide all new University of Hawaii employees with the training described in paragraph (1) no later than thirty days after the date of first employment;

(4) Provide all students with the training described in paragraph (1) annually;

(5) Ensure that any individual who participates in the implementation of the University of Hawaii's disciplinary process, including confidential advocates; individuals responsible for resolving complaints of reported incidents; and individuals responsible for conducting a meeting, hearing, or other disciplinary proceeding or informal resolution process, has training or experience in handling sexual misconduct complaints and the university's disciplinary process; provided that the training shall include:

(A) The effects of trauma, including any neurobiological and physical impact trauma, on a person;

(B) Cultural competence training regarding how sexual misconduct may impact individuals differently depending on factors related to an individual's cultural background, including race; color; national origin; ethnicity; religion; economic status; disability; and sex, which includes gender identity, gender expression, sexual orientation, and pregnancy or parenting status;

(C) Ways to communicate sensitively and compassionately with a reporting party, including an awareness of responding with consideration of the reporting party's cultural background and providing services to the reporting party or assisting the reporting party in locating services; and

(D) Training and information regarding the possible impact of sexual misconduct on individuals having disabilities;

(6) At each campus of the University of Hawaii system, designate a confidential advocate for students to confidentially discuss incidents of, and obtain information on, sexual misconduct and related issues; provided that confidential advocates and communications received by confidential advocates shall not be exempt from any otherwise applicable mandatory reporting requirements for child and vulnerable adult neglect and abuse as provided by chapters 346 and 350;

(7) Publicize the name, location, phone number, and electronic mail address of the confidential advocate on the website of each respective campus;

(8) Make available to students and employees written and electronic materials and training programs concerning Title IX of the federal Education Amendments of 1972, as amended; the Violence Against Women Act of 1994, as amended; and University of Hawaii policies concerning sexual misconduct;

(9) Inform victims in writing of the right to file a police report with the appropriate county police department for investigation and assist victims in submitting the police report; and

(10) With guidance from the office of institutional equity, confidential advocates, prevention educators, local law enforcement, and local sexual and domestic violence advocacy organizations, provide mandatory annual trauma-informed, gender-inclusive, LGBTQ+-inclusive sexual misconduct primary prevention and awareness programming for all students enrolled at least part-time and employees of the university; provided that the programming shall include:

(A) An explanation of consent as it applies to sexual activity and sexual relationships;

(B) The effect of drugs and alcohol on an individual's ability to consent;

(C) Strategies for bystander and upstander intervention and risk reduction education that include recognition of individual biases and attitudes;

(D) Methods to access supportive measures for reporting parties; and

(E) Culturally responsive methods to address the unique experiences and challenges faced by individuals based on race; color; national origin; ethnicity; religion; economic status; disability; and sex, which includes gender identity, gender expression, sexual orientation, and pregnancy or parenting status.

(b) All University of Hawaii faculty members are designated as "responsible employees" under Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended, and shall report any violations of University of Hawaii executive policies regarding sexual misconduct to the Title IX coordinator of the faculty member's campus; provided that any faculty member designated as a confidential advocate pursuant to subsection (a)(6) shall not be a "responsible employee"; provided further that the confidential advocate shall annually provide general statistics to the Title IX coordinator about the number and type of incidents received by the confidential advocate.

(c) All University of Hawaii students and employees shall complete the training required under subsection (a)(1), (a)(2), (a)(3), (a)(4), and (a)(10) or may be subject to fines, sanctions, or other discipline, as deemed appropriate by the University of Hawaii.

(d) The University of Hawaii shall not subject a reporting party or witness who asks for an investigation of sexual misconduct to a disciplinary proceeding or sanction for a violation of the university's policy related to drug or alcohol use unless the university determines that the report of sexual misconduct was not made in good faith.

(e) If the University of Hawaii's code of conduct prohibits sexual activity or certain forms of sexual activity, including same-gender relationships or sexual activity, the university shall not take disciplinary action against individuals reporting sexual misconduct or non-harassing sexual activity related to the incident or other non-harassing sexual activity discovered during an investigation into the reported incident.

(f) The University of Hawaii shall review any disciplinary action taken against a reporting party to determine if there is a link between the disclosed sexual misconduct and the misconduct that led to the reporting party being disciplined.

(g) Nothing in this section shall be construed to limit the University of Hawaii's ability to establish an immunity policy for student conduct violations not mentioned in this section.

(h) No later than March 31, 2017, and every two years thereafter, the University of Hawaii shall conduct a campus climate survey of all students. The University of Hawaii shall submit a report to the legislature no later than twenty days before the convening of each regular session that includes:

(1) A summary of the most recent campus climate survey results;

(2) Information on the number of sexual assaults that occurred on a University of Hawaii system campus within the past five years; and

(3) Recommendations and efforts to improve campus safety and accountability.

(i) The University of Hawaii shall establish policies and procedures to effectuate this section.

(j) For purposes of this section:

"Reporting party" means a student or employee who reports to the University of Hawaii as having experienced an incident of sexual misconduct.

"Sexual harassment" means unwelcome conduct of a sexual nature.

"Sexual misconduct" means an incident of sex-based discrimination, sexual harassment, sexual violence, intimate partner violence, domestic violence, dating violence, sexual exploitation, or violence based on sexual orientation or gender identity or expression.

"Trauma-informed" means an understanding of the complexities of sexual misconduct through training centered on the neurobiological impact of trauma, symptoms of trauma, effective and supportive techniques to address trauma, the influence of societal myths and stereotypes surrounding the causes and impacts of trauma, perpetration methodology, and techniques for conducting an effective investigation. [L 2016, c 208, §2; am L 2017, c 12, §62; am L 2023, c 76, §2]
Haw. Rev. Stat. § 302A-608 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-608
Reemployed teachers; rights.
Status: in_force

After the completion of the probationary period without discharge, such teachers as are thereupon reemployed shall continue in service in the public schools during good behavior and competent service and prior to the age at which the teachers are eligible for retirement, pursuant to section 88-73 or 88-281, and shall not be discharged or demoted except for one or more of the causes specified in section 302A-609.
Haw. Rev. Stat. § 302H-3 — HI Code / Division 1 / Title 18 / Chapter 302H / Section 302H-3
Office of Hawaiian language medium education; personnel.
Status: in_force

The department of education may create a separate office of Hawaiian language medium education for the direction and control of the program. The department may employ necessary personnel qualified by training and experience to direct and supervise the types of instruction and special services specified in this chapter. Publicly funded institutions of higher education may create teacher preparation programs to ensure that pre-service training is provided to students interested in teaching elementary and secondary students in the Hawaiian language.
Haw. Rev. Stat. § 304A-1703 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1703
Medical education council.
Status: in_force

(a) There is established within the University of Hawaii, the medical education council consisting of the following thirteen members:

(1) The dean of the school of medicine at the University of Hawaii;

(2) The dean of the school of nursing and dental hygiene at the University of Hawaii;

(3) The vice dean for academic affairs at the school of medicine who represents graduate medical education at the University of Hawaii;

(4) The director of health or the director's designated representative;

(5) The director of the Cancer Research Center of Hawaii; and

(6) Eight persons to be appointed by the governor as follows:

(A) Three persons each of whom shall represent a different hospital at which accredited graduate medical education programs are conducted;

(B) Three persons each [of] whom represent the health professions community;

(C) One person who represents the federal healthcare sector; and

(D) One person from the general public.

(b) Except as provided in subsection (a)(1), (2), (3), and (4), no two council members may be employed by or affiliated with the same:

(1) Institution of higher education;

(2) State agency outside of higher education; or

(3) Private entity.

(c) Terms of office of council members shall be as follows:

(1) Except as provided in paragraph (2), the dean of the school of medicine, dean of the school of nursing and dental hygiene, vice dean for academic affairs of the school of medicine at the University of Hawaii, and the director of health, or the director's designated representative, shall be permanent ex officio members of the council, and the remaining nonpermanent council members shall be appointed to four-year terms of office;

(2) Notwithstanding paragraph (1), the governor at the time of the initial appointment shall reduce the terms of four nonpermanent council members to two years to ensure that approximately half of the nonpermanent council members are appointed every two years; and

(3) If a vacancy occurs in the membership for any reason, the replacement shall be appointed by the governor for the unexpired term in the same manner as the original appointment was made.

(d) The dean of the school of medicine at the University of Hawaii shall chair the council. The council shall annually elect a vice chair from among the members of the council.

(e) All council members shall have voting rights. A majority of the council members shall constitute a quorum. The action of a majority of a quorum shall be the action of the council.

(f) Per diem and expenses incurred in the performance of official duties may be paid to a council member who:

(1) Is not a government employee; or

(2) Is a government employee, but does not receive salary, per diem, or expenses from the council member's employing unit for service to the council.

A council member may decline to receive per diem and expenses for service to the council. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302D-14.5 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-14.5
Approved charter applications; start-up period; pre-opening charter schools.
Status: in_force

(a) The authorizer may require an applicant governing board whose charter application is approved by the authorizer pursuant to section 302D-13 to satisfactorily meet pre-contracting criteria set by the authorizer before being allowed to enter into a charter contract.

(b) An approved applicant governing board that fails to satisfactorily meet the pre-contracting criteria and enter into a charter contract with its authorizer within the period initially established or subsequently extended by the authorizer shall be considered to have withdrawn its application.

(c) An applicant governing board shall not be considered an entity of the State, but shall have the authority to execute the initial charter contract; provided that the term of duration of the initial charter contract shall not exceed five years, not including the pre-opening period. Upon the execution of the initial charter contract, the applicant governing board shall become the governing board of the newly established pre-opening charter school. A pre-opening charter school that is a conversion charter school shall be a separate entity of the State from the department school from which it is converting during the start-up period.

(d) The authorizer shall establish pre-opening criteria in order to ensure that a pre-opening charter school is prepared to successfully open and operate as a charter school. Until such time as the pre-opening school satisfactorily meets such pre-opening criteria and commences operations in its first full academic year, the pre-opening charter school:

(1) Shall not be entitled to receive funding under section 302D-26, 302D-28, 302D-29, or 302D-29.5;

(2) Shall employ no employees but may engage independent contractors;

(3) Shall not be subject to the performance framework under section 302D-16; and

(4) May be granted temporary exemptions from provisions of the charter contract by the authorizer.

(e) The charter contract of a pre-opening charter school that fails to satisfactorily meet its pre-opening criteria within the start-up period initially established or subsequently extended by the authorizer shall be void. The pre-opening charter school shall thereupon be considered an approved charter applicant that has withdrawn its application.

(f) An approved applicant governing board that withdraws its application shall not be allowed to execute a charter contract unless it reapplies and has its charter application approved by an authorizer in accordance with this chapter. [L 2014, c 99, pt of §1; am L 2015, c 114, §6]
Haw. Rev. Stat. § 302D-20 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-20
Charter transfers.
Status: in_force

(a) Transfer of a charter contract, and of oversight of that public charter school, from one authorizer to another before the expiration of the charter term shall not be permitted except by special petition to the board by a public charter school or its authorizer. The board shall review such petitions on a case-by-case basis and may grant transfer requests in response to special circumstances and evidence that such a transfer would serve the best interests of the public charter school's students.

(b) The board may adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2012, c 130, pt of §2]
Haw. Rev. Stat. § 302D-6 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-6
Principles and standards for charter authorizing.
Status: in_force

All authorizers shall be required to follow nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including:

(1) Organizational capacity and infrastructure;

(2) Soliciting and evaluating charter applications;

(3) Performance contracting;

(4) Ongoing public charter school oversight and evaluation; and

(5) Charter and charter contract renewal decision-making.

Authorizers shall carry out all their duties under this chapter in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this chapter. Evidence of material or persistent failure to do so shall constitute grounds for losing charter authorizing powers. [L 2012, c 130, pt of §2; am L 2013, c 159, §6]
Haw. Rev. Stat. § 304A-2162 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2162
REPEALED.
Status: in_force

L Sp 2021, c 9, §48.
Haw. Rev. Stat. § 305J-13 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-13
Deposit of records upon discontinuance.
Status: in_force

(a) If a private college or university, seminary, or religious training institution under the jurisdiction of the department ceases operating within the State, the institution, its owner, or the owner's designee, and its governing board shall be jointly and severally liable to deposit with the department the institution's educational records requested by the department in a form to be prescribed by the director.

(b) If the director determines that the records of a private college or university, seminary, or religious training institution that ceases operating within the State are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the department, the director may seek a court order authorizing the department to seize or take possession of the records and seek additional relief as may be appropriate .

(c) The director or the department of the attorney general may enforce this section by filing a request for an injunction with a court of competent jurisdiction.

(d) The department shall permanently retain any student transcripts received pursuant to this section in a form prescribed by the director. The department shall retain any other records requested and obtained pursuant to this section for a time period prescribed by the director; provided that at the time of disposal, the department shall dispose of the records in a manner that will adequately protect the privacy of any personal information included in the records.

(e) For the purposes of this section, "private college or university" shall not include public, out-of-state institutions.

(f) Nothing in this section shall prohibit the department from contracting with any third party for the storage and maintenance of any records required to be deposited with the department pursuant to this section. [L 2013, c 180, pt of §2 ; am L 2016, c 143, §1 ]
Haw. Rev. Stat. § 304A-506 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-506
Hawaii community college promise program; established.
Status: in_force

(a) Notwithstanding section 304A-501, there is established the Hawaii community college promise program to be administered by the board of regents. The program shall provide scholarships for the unmet direct cost needs of qualified students enrolled at any community college campus of the University of Hawaii.

(b) A student enrolled at a community college campus shall be eligible for scholarship consideration for a maximum of eight semesters if the student:

(1) Qualifies for Hawaii resident tuition;

(2) Completes and submits the Free Application for Federal Student Aid for each academic year and accepts all federal and state aid, grants, scholarships, and other funding sources that do not require repayment; provided that this paragraph shall not apply to a student who enrolls in a certificate program;

(3) Is enrolled in a classified degree or certificate program with six or more credits per semester;

(4) Maintains satisfactory academic progress, as defined by federal requirements established pursuant to title IV of the Higher Education Act of 1965, as amended, and determined by the campus at which the student is enrolled; and

(5) Has been determined by the campus to have unmet direct cost needs.

(c) Scholarships shall be awarded to the extent possible based on available funds and on a greatest need basis. An award granted to a student shall be equal to the student's unmet direct cost need, based on the Free Application for Federal Student Aid calculation of need, less the amounts available to the student from Pell grants and other scholarships; provided that the unmet direct cost need for a student who enrolls in a certificate program shall be based on a suitable instrument, as determined by the university of Hawaii, less the amounts available to the student from grants and other scholarships.

(d) To maintain a scholarship under this section, a student shall meet the requirements of subsection (b)(4).

(e) As used in this section, "direct cost" means any cost directly related to a student's education, including tuition; educational fees; and the costs of books, supplies, and transportation between the student's dwelling and the student's campus. [L 2018, c 14, §2; am L 2023, c 57, §2]
Haw. Rev. Stat. § 302A-431 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-431
Rules.
Status: in_force

The board and the board of regents of the University of Hawaii may adopt necessary rules under chapter 91 to administer and implement sections 302A-430 and 302A-431, including the adoption of safety guidelines and safety inspection procedures of facilities where students are placed. The department and the University of Hawaii shall inspect each facility annually before the placement of students with these facilities.
Haw. Rev. Stat. § 302D-33 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-33
Criminal history record checks.
Status: in_force

(a) The authorizer shall require charter schools to obtain verifiable information regarding the criminal history of persons who are employed or seeking employment in any position, including teacher trainees, that places them in close proximity to children, including criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the charter school for the purpose of determining whether a person is suitable for working in close proximity to children. All such decisions shall be subject to applicable federal laws and regulations.

(b) The employer or prospective employer may:

(1) Refuse to allow or continue to allow teacher training;

(2) Terminate the employment of any employee; or

(3) Deny employment to an applicant,

if the person has committed a crime, and if the employer or prospective employer finds by reason of the nature and circumstances of the crime, that the person poses a risk to the health, safety, or well-being of children. Refusal, termination, or denial may occur only after appropriate investigation and notification to the employee or applicant of the results and planned action and after the employee or applicant is given an opportunity to meet and rebut the findings. Nothing in this subsection shall abrogate any applicable rights under chapter 76 or 89, or any administrative rule of the commission.

(c) Notwithstanding any other law to the contrary, for purposes of this section, the commission shall be exempt from section 831-3.1 and shall not be required to conduct investigations, notifications, or hearings in accordance with chapter 91. [L 2013, c 159, pt of §1; am L 2015, c 114, §10]
Haw. Rev. Stat. § 304A-3002 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3002
Board of directors; composition.
Status: in_force

The affairs of the research corporation shall be under the general management and control of the board of directors. The board of directors shall consist of eight members as follows:

(1) Two members of the board of regents of the University of Hawaii, selected by the board of regents for terms to be determined by the board of regents; provided that no term shall extend beyond the term as a member of the board of regents;

(2) Three members to be appointed by the governor pursuant to section 26-34; provided that:

(A) One member shall be a University of Hawaii system research faculty member;

(B) One member shall be from the business sector; and

(C) One member shall be a representative of a non-University of Hawaii research organization;

(3) One member to be appointed by the president of the senate;

(4) One member to be appointed by the speaker of the house of representatives; and

(5) The vice president for research of the University of Hawaii system, who shall be a nonvoting[,] ex officio member of the board of directors.

All the members appointed by the governor, president of the senate, and speaker of the house of representatives shall serve for a term of four years, except that the governor may reduce the terms of those initially appointed to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year, each term commencing on July1 and expiring on June30. All members of the board of directors 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.

The members of the board of directors shall elect the chairperson of the board. [L 2006, c 75, pt of §2; am L 2013, c 288, §2]
Haw. Rev. Stat. § 304A-111 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-111
Indemnification of collaborating institutions.
Status: in_force

(a) The board of regents may indemnify collaborating institutions from claims arising against them for the gross negligence or wilful misconduct of the university's officers, employees, and agents in the course of their employment, in connection with the university's use, storage, or disposal of materials owned or licensed by a collaborating institution that are purchased by the university from or transferred to the university by the collaborating institution for research or training purposes.

(b) The university shall use the materials transfer agreements recommended and approved by the Association of University Technology Managers to confer the indemnification authorized by this section.

(c) Indemnification claims authorized by this section shall be payable solely from the moneys and property of the university and shall not constitute a general obligation of the State or be secured directly or indirectly by the full faith and credit of the State or the general credit of the State or by any revenues or taxes of the State. The board of regents may obtain loss insurance to cover the liability of the university that may arise under this section; provided that loss insurance for the university shall be at the university's expense. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 303-5 — HI Code / Division 1 / Title 18 / Chapter 303 / Section 303-5
Retirement system contribution not affected.
Status: in_force

A reduction in salary authorized by an employee under terms of this chapter shall in no way alter the amount of regular compensation or gross salary upon which the employee's contribution to the employees' retirement system is based.
Haw. Rev. Stat. § 304A-1894.1 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1894.1
Plan of action.
Status: in_force

Prior to the initiation of any projects or activities authorized by section 304A-2169.1, the Hawaii natural energy institute shall develop a plan of action in coordination with the chief energy officer of the Hawaii state energy office with the intent of promoting effective prioritization and focusing of efforts consistent with the State's energy programs.
Haw. Rev. Stat. § 302A-496 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-496
Duties and roles of the agent and educational representative.
Status: in_force

(a) The agent and educational representative shall have the same duties and responsibilities.

(b) The agent and the educational representative shall be afforded the opportunity to participate in meetings with respect to:

(1) The identification, evaluation, and educational placement of the student;

(2) The provision of free, appropriate public education to the student; and

(3) The provision of input in accordance with the adult student's individual instructions or other wishes, if any, to the extent known.

Otherwise, the agent and the educational representative shall participate in accordance with the determination of the student's best interest. In determining the student's best interest, the student's personal values, to the extent known, shall be taken into consideration. [L 2008, c 182, pt of §2]
Haw. Rev. Stat. § 302D-29 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-29
Weighted student formula.
Status: in_force

(a) Notwithstanding section 302D-28, charter schools shall elect whether to receive allocations calculated according to the department's procedures and methodology used to calculate the weighted student formula allocation adopted pursuant to section 302A-1303.6; provided that:

(1) All charter schools, as a group, with each governing board being accorded one vote, shall elect, by greater than two-thirds agreement among the governing boards, whether to receive allocations calculated through the department's procedures and methodology for the weighted student formula; provided that a nonprofit organization that governs more than one conversion charter school may cast one vote representing each school it governs; and

(2) Any election by charter schools to receive allocations, or not to receive allocations, calculated through the procedures and methodology for the department's weighted student formula shall be made by September 1 of each even-numbered year, and the election shall apply to the fiscal biennium beginning July 1 of the following year.

(b) The charter schools, through their authorizer, may propose to the board an alternative weighted student formula, approved by more than two-thirds of the governing boards, with each governing board being accorded one vote, to be administered by the commission and to apply to the per-pupil allocation for charter schools. [L 2012, c 130, pt of §2]
Haw. Rev. Stat. § 319-1 — HI Code / Division 1 / Title 18 / Chapter 319 / Section 319-1
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Department" means the department of budget and finance.

"Director" means the director of finance.

"Plan" means the Hawaii dental education plan.

"WICHE" means the Western Interstate Commission for Higher Education as described in chapter 304A, part VII, subpart D. [L 1976, c 132, pt of §2; am L 2006, c 75, §10]
Haw. Rev. Stat. § 302D-16 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-16
Performance framework.
Status: in_force

(a) The performance provisions within the charter contract shall be based on a performance framework that clearly sets forth the academic, financial, organizational, and operational performance indicators, measures, and metrics that will guide the authorizer's evaluations of each public charter school. The performance framework, as established by the authorizer, shall include indicators, measures, and metrics for, at a minimum:

(1) Student academic proficiency;

(2) Student academic growth;

(3) Achievement gaps in proficiency and growth between major student subgroups;

(4) Attendance;

(5) Enrollment variance;

(6) Postsecondary readiness, as applicable for high schools;

(7) Financial performance and sustainability;

(8) Performance and stewardship, including compliance with all applicable laws, rules, and terms of the charter contract; and

(9) Organizational viability.

(b) Annual academic performance targets shall be set by each public charter school in conjunction with its authorizer, and shall be designed to track each school in meeting applicable federal, state, and authorizer expectations.

(c) The performance framework shall allow the inclusion of additional rigorous, valid, and reliable indicators proposed by a public charter school to augment external evaluations of its performance; provided that the authorizer approves the quality and rigor of such school-proposed indicators, and the indicators are consistent with the purposes of this chapter and the charter contract.

(d) The performance framework shall require the disaggregation of all student performance data by major student subgroups.

(e) For each public charter school it oversees, the authorizer shall be responsible for verifying and either maintaining or having access to all charter school data upon which the performance framework relies.

(f) Multiple schools overseen by a single governing board shall be required to report their performance as separate, individual charter schools, and each charter school shall be held independently accountable for its performance. [L 2012, c 130, pt of §2; am L 2013, c 159, §11; am L 2014, c 99, §11]
Haw. Rev. Stat. § 302L-1.65 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-1.65
[ §302L-1.
Status: in_force

[ §302L-1.65] Early learning board; qualifications; administration priorities. (a) Upon the nomination of any voting member to the board established pursuant to section 302L-1.6, the governor shall provide written documentation articulating the administration's goals and priorities with respect to the formation of a highly-functioning, well-balanced board and describing the nominee's qualifications.

(b) Each nominee shall meet the following minimum qualifications:

(1) Demonstrate integrity, civic virtue, and high ethical standards and be willing to hold fellow board members to the same;

(2) Commit to being a conscientious and attentive board member;

(3) Have an understanding of best practices in early learning governance or be willing to be trained in best practices in early learning governance; and

(4) Have a clear understanding of the board's role in developing and protecting a clear, long-term strategic vision for early learning.

(c) Each nominee shall ideally meet the following qualifications:

(1) Have substantial leadership experience that illustrates the nominee's ability to function among diverse colleagues as an effective team member, with the ability to articulate, understand, and help shape consensus on board policies; and

(2) Demonstrate a deep and abiding interest in early learning and a dedication to the social, academic, and character development of children. [L 2023, c 170, §1]
Haw. Rev. Stat. § 302A-1310 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1310
Out-of-school time instructional programs; funds, expenditures.
Status: in_force

All moneys received by and for the public out-of-school time instructional programs from tuition and other fees or from any other source shall be deposited in a special out-of-school time instructional program fund; and except as otherwise provided by the legislature, all expenditures for the operation of public out-of-school time instructional programs shall be made from this fund.
Haw. Rev. Stat. § 312-2.1 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-2.1
Appointment of state librarian; duties; salary.
Status: in_force

(a) The state librarian shall be appointed by the board of education, without regard to chapter 76, shall be under the direction of the board, shall be responsible for the operation, planning, programming, and budgeting of all community/school and public libraries within the State, and may be removed by a majority vote of its members. The state librarian may be appointed:

(1) Without regard to the state residency provisions of section 78-1(b); and

(2) For a term of up to four years.

(b) The salary of the state librarian shall be set by the board of education at a rate no greater than $175,000 a year.

(c) The state librarian may appoint, without regard to chapter 76, one secretary for the state librarian. The secretary for the state librarian shall serve at the pleasure of the state librarian.

(d) [Repeal and reenactment on June 30, 2028. L 2023, c 141, §4 .] The state librarian shall:

(1) Collect, purchase, receive gifts of, and otherwise acquire all books and other publications proper for libraries, and arrange, classify, manage, and catalog the same;

(2) Provide for safekeeping of the foregoing;

(3) Expend moneys appropriated by the legislature and otherwise acquired for the development, use, support, and maintenance of libraries and other related purposes;

(4) Provide ways and means for placing libraries within reach of all residents throughout the State and particularly of all public and private school children;

(5) Provide and maintain branch libraries, offices, or places for the distribution of books and periodicals throughout the State;

(6) Enter into contracts as may be necessary to carry into effect the general duties herein imposed;

(7) Appoint officers and employees as deemed necessary, all of whom shall be under the authority of the governor for purposes of chapters 76, 78, 89, and 89C;

(8) Impose and collect rates, rents, fees, fines, and charges for the use or enjoyment and services of the facilities of each state library facility; provided that the contracting for concessions within a library facility shall not be subject to section 102-14;

(9) Revise rates, rents, fees, fines, and charges imposed pursuant to paragraph (8) upon approval of the board of education; and

(10) Adopt rules for the management and use of libraries, and for the control of the property under its management. [L 1969, c 127, §27; am L 1975, c 58, §16; am L 1979, c 59, §1; am L 1981, c 150, §7; am L 1982, c 129, §10; am L 1983, c 115, §1; am L 1986, c 128, §9; am L 1987, c 56, §1; am L 1989, c 329, §7; am L 1999, c 75, §1; am L 2000, c 253, §150; am L 2001, c 117, §1; am L 2012, c 135, §1; am L 2015, c 26, §2; am L 2019, c 224, §2; am L 2020, c 46, §6; am L 2023, c 141, §1]

Revision Note

Enacted as a new section, subsection (d) was redesignated pursuant to §23G-15.
Haw. Rev. Stat. § 302A-1125 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1125
Educational objectives.
Status: in_force

The board shall formulate policy and exercise control as may be necessary to define a common set of educational goals that the schools shall be responsible for fulfilling. The board shall also be responsible for formulating standards for measuring the efforts of each participating school toward achieving those goals each year. The participating schools shall be free to use all reasonable means to accomplish those goals with the resources available to them.
Haw. Rev. Stat. § 302A-1603 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1603
Applicability and exemptions.
Status: in_force

[Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] (a) Except as provided in subsection (b), any person who seeks to develop a new residential development within a designated school impact district requiring:

(1) A county subdivision approval;

(2) A county building permit; or

(3) A condominium property regime approval for the project,

shall be required to fulfill the land component impact fee or fee in lieu requirement of the authority.

(b) The following shall be exempt from this section:

(1) Any form of housing permanently excluding school-aged children, with the necessary covenants or declarations of restrictions recorded on the property;

(2) Any form of housing that is or will be paying the transient accommodations tax under chapter 237D;

(3) All nonresidential development;

(4) Any development with an executed education contribution agreement or other like document with the agency for the contribution of school sites or payment of fees for school land or school construction;

(5) Any housing project developed by the government;

(6) Any housing project processed pursuant to sections 46-15.1 and 201H-38;

(7) Any housing that meets the definition of affordable housing in sections 46-15.25 or 201H-57;

(8) Any housing that is a single-room dwelling;

(9) Any form of housing developed by the department of Hawaiian home lands for use by beneficiaries of the Hawaiian Homes Commission Act, 1920, as amended; and

(10) Any form of development by the Hawaii community development authority pursuant to part XII of chapter 206E; and

[(11)] Any form of development by the Hawaii housing finance and development corporation pursuant to part V of chapter 201H.

(c) The authority shall adopt rules in accordance with chapter 91 governing the collection of school impact fees. [L 2007, c 245, pt of §2; am L 2010, c 188, §6; am L 2016, c 237, §2; am L 2020, c 72, §7; am L 2021, c 197, §§1, 6 and c 217, §10; am L 2023, c 97, §4; am L 2025, c 166, §4 and c 268, §4]
Haw. Rev. Stat. § 302A-611 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-611
Authorized leaves of absence; tenure status unaffected.
Status: in_force

The granting of authorized leaves of absence by the department to regularly employed teachers shall not affect any of the tenure rights that the teacher may have acquired prior thereto under section 302A-608.
Haw. Rev. Stat. § 302A-430 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-430
Coverage for workers' compensation.
Status: in_force

The State shall be deemed the responsible employer for the purposes of workers' compensation coverage, as provided for in chapter 386, when a student or recent graduate performs paid or unpaid work for a private or public employer as part of a school-approved, work-based learning internship program sponsored by the department of education or university of Hawaii or as part of the on-the-job training work experience program established in section 394-10.
Haw. Rev. Stat. § 304A-1864 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1864
`Ulu`ulu: The Henry Ku`ualoha Giugni Moving Image Archive of Hawai`i.
Status: in_force

`Ulu`ulu: The Henry Ku`ualoha Giugni Moving Image Archive of Hawai`i is designated as the official state archive for moving images. The qualifying standards and conditions related to the receipt of funds contained in chapter 42F shall not apply to funds received by `Ulu`ulu: The Henry Ku`ualoha Giugni Moving Image Archive of Hawai`i; provided that if the archive contracts with a recipient or provider, the qualifying standards, conditions, and other provisions of chapter 42F shall apply to the recipient or provider and the contract.
Haw. Rev. Stat. § 304A-2272 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2272
§§ 304A-2272 and 304A-2273 REPEALED.
Status: repealed

§§ 304A-2272 and 304A-2273 REPEALED. L 2025, c 97, §§2, 3.
Haw. Rev. Stat. § 304A-2680 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2680
Payment and security of revenue bonds; revenue bonds not a debt of the State.
Status: in_force

Revenue bonds issued under this subpart shall be payable from and secured by the revenue of the university pledged to the payment thereof, and the revenue of the university shall be applied to the payment in accordance with this subpart and the resolution authorizing the issuance of the revenue bonds. The university, or any university project, university system, or network shall constitute a public undertaking, improvement, or system, and any appropriation shall constitute revenue of the university under the constitution and laws of the State. No holder of any revenue bonds issued under this subpart may compel any exercise of the taxing power of the State or the making of any appropriation to pay the revenue bonds, or interest thereon. Each revenue bond shall recite in substance that the revenue bond, including interest thereon, is payable from and secured by the revenue of the university pledged to the payment thereof, and that the revenue bond does not constitute a general or moral obligation or indebtedness of the State within the meaning of any law.
Haw. Rev. Stat. § 302A-1107 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1107
§§302A-1107 to 302A-1109 REPEALED.
Status: repealed

§§302A-1107 to 302A-1109 REPEALED. L 1996, c 160, §§1 to 3.
Haw. Rev. Stat. § 302A-1122 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1122
Gifts.
Status: in_force

The board may receive and manage moneys or other property, real, personal, or mixed, that may be given, bequeathed, devised, or in any manner received from sources other than the legislature or any federal appropriation for the purposes of the department. All such moneys received by, or on behalf of, the department shall be paid into the state treasury, and all such moneys are appropriated for the use of the department. The board shall cause to be kept suitable books of accounts wherein shall be recorded each gift, the essential facts of its management, and the expenditure of the income.
Haw. Rev. Stat. § 302A-1902 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1902
Mark licensing agreement program; established.
Status: in_force

(a) There is established within the department a mark licensing agreement program to allow the department and a department school to license, as applicable, the department's or department school's marks.

(b) The department may enter into licensing agreements pursuant to this part and any rules adopted pursuant to section 302A-1905. [L 2017, c 140, pt of §1]
Haw. Rev. Stat. § 302A-1110 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1110
Educational districts not applicable.
Status: in_force

The educational districts established by section 4-1 shall not be applicable to, nor alter, the school districts established for administrative purposes by the department.
Haw. Rev. Stat. § 302A-609 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-609
Causes for discharge or demotion; preferred eligibility list.
Status: in_force

Causes for the discharge or demotion of a teacher shall be inefficiency or immorality; wilful violations of policies and rules of the department; or for other good and just cause. The department, without a hearing, may terminate the tenure rights of a teacher who fails to return to service, except when caused by illness, following the expiration of an approved leave of absence. Teachers may also be dismissed because of a decrease in the number of pupils or for other causes over which the department has no control. Dismissals due to a decrease in the number of pupils or for causes over which the department has no control shall begin with those teachers with the least number of years of service. The teachers so dismissed shall be placed on a preferred eligibility list and shall have the right to be restored to duty in the order of length of service whenever vacancies occur in which the teacher is qualified.
Haw. Rev. Stat. § 305J-4 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-4
Authorization of the University of Hawaii system.
Status: in_force

The University of Hawaii system, established as an educational institution pursuant to article X, section 5, of the Hawaii State Constitution, is hereby authorized by the State to provide educational programs in and from this State. The University of Hawaii system shall be subject to section 305J -17. The department may impose sanctions pursuant to section 305J -11 on the University of Hawaii system in accordance with the requirements of this chapter.
Haw. Rev. Stat. § 302A-1105 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1105
§§302A-1105 and 302A-1106 REPEALED.
Status: repealed

§§302A-1105 and 302A-1106 REPEALED. L 2011, c 5, §§18, 19.
Haw. Rev. Stat. § 302A-1706 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1706
School facilities special fund.
Status: in_force

(a) There is established within the state treasury a special fund to be known as the school facilities special fund into which shall be deposited:

(1) All moneys the authority receives, including funds appropriated or transferred by the legislature for deposit into the special fund;

(2) Funds collected pursuant to section 302A-1608(a); provided that these moneys shall be deposited into the appropriate subaccount established pursuant to subsection (b);

(3) Any moneys received by the department in the form of a grant, gift, endowment, or donation for the development, planning, or construction of new school facilities or major renovations of school facilities; and

(4) All other moneys received by the authority and not deposited into a trust fund or trust account, including unrestricted grants, gifts, and donations; proceeds from sales of property; rents and other receipts from leases, rights of entry, and the like; and interest, refunds, and other receipts and payments.

(b) The authority shall establish and appropriately name subaccounts within the school facilities special fund to accept deposits of revenues from school impact fees that are required to be expended within a specific school impact district pursuant to section 302A-1608(a) or restricted for a specified purpose pursuant to part V, subpart B of this chapter.

(c) The school facilities special fund shall be administered by the authority and used to fund any school development, planning, or construction project, including prekindergarten facilities, within the jurisdiction of the authority.

(d) Subject to chapter 84, any other law to the contrary notwithstanding, the governor may authorize expenditures from the school facilities special fund of any donation, grant, bequest, and devise of money from any private institution, person, firm, or corporation for the purposes of funding the salaries of the executive director and any officers, agents, and employees of the authority. If all or any portion of any salary of the executive director or any officer, agent, or employee of the authority is funded pursuant to this subsection, the authority shall submit a report to the legislature detailing the use of any funds authorized under this subsection no later than twenty days prior to the convening of the next regular session following the expenditure authorization.

(e) The authority shall submit to the director of finance a report that shall be prepared in the form prescribed by the director of finance and shall identify the total amount of funds in the school facilities special fund that will carry over to the next fiscal year. The authority shall submit the report to the director of finance within ninety days of the close of each fiscal year and a copy of the information contained in the report to the director of finance shall be included within the authority's report to the legislature pursuant to section 302A-1707.

(f) Within the school facilities special fund there shall be established accounts and subaccounts as may be necessary from time to time in order to ensure compliance with the Internal Revenue Code, as amended. [L 2020, c 72, pt of §1; am L 2021, c 217, §2; am L 2023, c 175, §4]
Haw. Rev. Stat. § 302D-40 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-40
[ §302D-40] Computer science.
Status: in_force

[ §302D-40] Computer science. (a) Beginning with the 2024-2025 school year, each public charter school that serves elementary, middle, intermediate, or high school students shall offer computer science courses or computer science content at a frequency that allows a student to enroll in a computer science course or receive computer science content at least once while the student is at each of the elementary school, middle or intermediate school, and high school levels.

(b) For the purpose of this section, "offer" shall have the same meaning as in section 302A-323. [L 2021, c 158, §4]
Haw. Rev. Stat. § 302A-1504.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1504.5
School-level minor repairs and maintenance special fund[;] reporting of carry over funds.
Status: in_force

(a) There is established within the state treasury a special fund to be known as the school-level minor repairs and maintenance special fund, into which shall be deposited all moneys collected pursuant to section 235-102.5(b), and any other moneys received by the department in the form of grants and donations for school-level improvements and minor repairs and maintenance. The special fund shall be administered by the department and used to fund school-level minor repairs and maintenance. The department shall transfer moneys collected pursuant to section 235-102.5(b), and may transfer any other moneys received in the form of grants and donations for school-level improvements and minor repairs and maintenance to the Hawaii 3R's school improvement fund established pursuant to section 302A-1502.4.

(b) The department shall submit to the director of finance a report that shall be prepared in the form prescribed by the director of finance and shall identify the total amount of funds in the school-level minor repairs and maintenance special fund that will carry over to the next fiscal year. The department shall submit the report to the director of finance within ninety days of the close of each fiscal year and a copy of the report to the legislature no later than twenty days prior to the convening of each regular session. [L 2001, c 311, §2; am L 2002, c 16, §23; am L 2010, c 31, §2; am L 2014, c 207, §3]
Haw. Rev. Stat. § 302A-1503 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1503
Donated school equipment and fixtures; repair and maintenance responsibility.
Status: in_force

(a) The department may accept donations of school equipment or fixtures on behalf of the department, individual schools, or school complexes. Donations that meet current educational specifications or exceed existing educational specifications shall be deemed acceptable in instances where the donations enhance the school environment or improve the administration of school programs in accordance with criteria established by the department pursuant to chapter 91.

(b) The department may accept a donation only if the equipment or fixture is useful to enhance the physical environment or safety of a school, or is a benefit to learning.

(c) The private source making a donation shall not be liable upon any claim for injury arising from the donated equipment or fixture; provided that this provision shall not affect the responsibility or liability of manufacturers of defective products nor shall it affect the responsibilities of negligent persons who cause dangerous conditions that result in injury. [L 1996, c 89, pt of §2; am L 2009, c 63, §3]
Haw. Rev. Stat. § 305J-11.5 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-11.5
Opportunity for administrative hearing.
Status: in_force

An institution may, within fifteen days of the receipt of notification of denial or of intent to suspend or terminate any authorization, request an administrative hearing for review pursuant to chapter 91.
Haw. Rev. Stat. § 302A-1162 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1162
Rules.
Status: repealed

(a) The department of health shall adopt rules under chapter 91 relating to immunization, physical examination, and tuberculin testing under sections 302A-1154 to 302A-1163. Immunizations required, and the manner and frequency of their administration, shall conform with recognized standard medical practices. The list of diseases and minimum requirements for protection under sections 302A-1154 to 302A-1163 may be revised whenever the department of health deems it necessary for the protection of public health.

(b) The department shall establish by rule standards for documentation of compliance with school health requirements under sections 302A-1154 through 302A-1163.

(c) The department may adopt, amend, or repeal rules pursuant to chapter 91 to establish a list of specific vaccines that are available or may become available. Notwithstanding the notice, public hearing, and comment requirements of chapter 91 and the provisions of chapter 201M, the director of health, in consultation with the state epidemiologist, may adopt, amend, or repeal as rules, the immunization recommendations of the United States Department of Health and Human Services, Advisory Committee on Immunization Practices, including interim recommendations, as they apply to the list of specific vaccines, if any, described in this subsection. The department shall make the adoption, amendment, or repeal of rules regarding United States Department of Health and Human Services, Advisory Committee on Immunization Practices immunization recommendations known to the public by:

(1) Giving public notice of the substance of the proposed rules at least once statewide; and

(2) Posting the full text of the proposed rulemaking action on the Internet as provided in section 91-2.6.

The rules, when adopted, amended, or repealed pursuant to chapter 91 as modified by this section, shall have the force and effect of law. The department may defer the effective date of adopted, amended, or repealed rules to allow sufficient time to ensure compliance with the new, amended, or repealed rules. [L 1996, c 89, pt of §2; am L 2000, c 109, §5; am L 2013, c 231, §2]
Haw. Rev. Stat. § 302A-452 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-452
[ §302A-452] Menstrual products; availability.
Status: in_force

[ §302A-452] Menstrual products; availability. (a) The department shall provide menstrual products free of charge to all students on all public school campuses.

(b) For the purposes of this section:

"Menstrual products" includes but is not limited to disposable menstrual pads and tampons.

"Public school campuses" includes all department of education schools and all public charter schools. [L 2022, c 113, §2]
Haw. Rev. Stat. § 302A-1114 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1114
Power of appointment, removal.
Status: in_force

The department, from time to time, may appoint and remove such teachers, educational officers, and other personnel as may be necessary for carrying out the purposes of sections 302A-201, 302A-401 to 302A-410, 302A-1001 to 302A-1004, 302A-1101 to 302A-1122, 302A-1301 to 302A-1305, 302A-1401 to 302A-1403, and 302A-1503 to 302A-1506, and regulate their duties, powers, and responsibilities, when not otherwise provided by law.
Haw. Rev. Stat. § 302A-498 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-498
Effect of copy.
Status: in_force

A copy of a transfer of student's rights, revocation of the power of attorney for special education, the finding of lack of capacity, or the reconsideration of the appointment of an educational representative has the same effect as the original.
Haw. Rev. Stat. § 304A-105 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-105
Powers of regents; official name.
Status: in_force

(a) The board of regents shall have management and control of the general affairs, and exclusive jurisdiction over the internal structure, management, and operation of the university. The board may:

(1) Appoint a treasurer and other officers as it deems necessary;

(2) Authorize any officer, elected or appointed by it, to approve and sign on its behalf any voucher or other document that the board may approve and sign;

(3) Delegate to the president or the president's designee the authority to render the final decision in contested case proceedings subject to chapter 91, as it deems appropriate;

(4) Purchase or otherwise acquire lands, buildings, appliances, and other property for the purposes of the university; and

(5) Expend any sums of money as, from time to time, may be placed at the disposal of the university from whatever source; provided that notwithstanding any other law to the contrary, all documents regarding expenditures and changes thereto, made by the board shall be disclosed in open meetings for the purpose of public comment; provided further that all expenditure requests, proposals, and any other budgetary documents used by the board at an open meeting shall be made available to the public at least six calendar days before the meeting.

All lands, buildings, appliances, and other property so purchased or acquired shall be and remain the property of the university to be used in perpetuity for the benefit of the university. The board, in accordance with this section and other law, shall manage the inventory, equipment, surplus property, and expenditures of the university and, subject to chapter 91, may adopt rules, further controlling and regulating the same.

(b) The board of regents shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the powers of the board set forth in section 304A-2672, and the goals of public accountability and public procurement practices, subject to chapter 103D.

(c) The board of regents may enter into concession agreements without regard to chapter 102.

(d) The official name of the board shall be the board of regents, University of Hawaii. The board shall adopt and use a common seal by which all official acts shall be authenticated. [L 2006, c 75, pt of §2; am L Sp 2008, c 6, §3; am L 2010, c 82, §§3, 8; am L 2013, c 87, §3]
Haw. Rev. Stat. § 304A-1352 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1352
Procurement institute; established.
Status: in_force

There is established the procurement institute at the William S. Richardson School of Law, University of Hawaii, to be under the direction of a director who shall be appointed by the dean of the school of law, with the approval of the board of regents. Subject to the availability of funds, faculty, and facilities, the institute shall offer such courses of study as may be deemed appropriate and authorized by the board of regents. The institute shall cooperate with other public and private entities and persons to promote and develop a professional acquisition workforce and to improve and enhance the State's contractor industrial base through education and training. The procurement institute may:

(1) Conduct and participate in procurement education and training for entry-level and higher-qualified state employees and others, including persons not employed by the State;

(2) Conduct and promote research, conferences, and studies to improve the procurement process, laws, policies, methods, rules, procedures, and forms relating to state and local government procurement;

(3) Report on and make recommendations regarding goals, guidelines, innovations, and evaluation of state and local government procurement initiatives; and

(4) Establish and maintain a procurement library within the State. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-1861 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1861
Fostering inspiration and relevance through science and technology pre-academy program; established.
Status: in_force

(a) There is established within the University of Hawaii, the fostering inspiration and relevance through science and technology pre-academy program, which shall be administered by the University of Hawaii college of engineering. The mission of the fostering inspiration and relevance through science and technology pre‑academy program shall be, with respect to middle schools, to provide additional resources and expertise for the department of education to stimulate the interest and achievement of students in science, technology, engineering, and mathematics skills.

To achieve its mission, the fostering inspiration and relevance through science and technology pre-academy program shall house and provide direction for the robotics and problem-based, applied learning program under section 304A-1862 and the research experiences for teachers program under section 304A-1863.

(b) The goals of the pre-academy program shall be to:

(1) Serve students between fourth and eighth grades, with problem-based, applied learning experiences in science, technology, engineering, and mathematics-related skills in a manner that complements the academic program at public high schools; and

(2) Motivate and engage students in science, technology, engineering, and mathematics programs.

(c) The pre-academy program shall encourage partnerships with other relevant programs within the University of Hawaii system, department of education, project EAST (environmental and spatial technology) program, and appropriate public and private agencies, to establish a program of problem-based, applied learning for elementary and middle school students in science, technology, engineering, and mathematics disciplines. School participation in the fostering inspiration and relevance through science and technology pre-academy programs shall be voluntary.

(d) The fostering inspiration and relevance through science and technology pre-academy program shall support development of additional problem-based, applied learning projects and summer science, technology, engineering, and mathematics programs for middle school teachers. For additional problem-based, applied learning projects, priority shall be determined in collaboration with participating teachers. Areas may include global positioning system technology, ocean science, astronomy, earth science and wireless communications technology, conservation biology, and other science, technology, engineering, and mathematics skills-stimulating subjects as appropriate.

(e) The fostering inspiration and relevance through science and technology pre-academy program shall develop program evaluation measures to ensure that all programs conducted under the pre‑academy program are contributing to the advancement of science, technology, engineering, and mathematics academics in the elementary and middle schools through research. [L 2007, c 111, pt of §11]
Haw. Rev. Stat. § 304A-2355 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2355
University of Hawaii quasi-endowment trust fund.
Status: in_force

There is established the University of Hawaii quasi-endowment trust fund into which shall be deposited income derived from the university's endowment fund. Income deposited into this account may be expended by the university as set forth by the board of regents in policies and guidelines for costs and expenses associated with student financial aid programs, including scholarships and student support services, awards, and project opportunities for the university.