Haw. Rev. Stat. § 302D-27 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-27
Administration of workers' compensation.
Status: in_force

The department of human resources development shall administer workers' compensation claims for employees of charter schools, who shall be covered by the same self-insured workers' compensation system as other public employees. The department of human resources development shall process, investigate, and make payments on claims; provided that:

(1) Charter schools shall compile the preliminary claim form and forward it to the department of human resources development; and

(2) The department of human resources development shall receive no more than 0.07 per cent of the EDN 600 appropriation to process these workers' compensation claims. [L 2012, c 130, pt of §2]
Haw. Rev. Stat. § 302D-39 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-39
Public early learning and preschool programs; administrative authority.
Status: in_force

(a) The commission shall have administrative authority over all state-funded early learning programs and private partnership-funded preschool programs in public charter schools except for special education and Title I-funded prekindergarten programs.

(b) The early learning programs in charter schools shall enroll no more than a maximum of twenty children per classroom who are three- or four-years-old on or before July 31 of the school year, as aligned with the d epartment 's kindergarten age entry requirements .

(c) Subject to the availability of funding, the commission shall implement an application process for schools to establish an early learning program.

(d) Each early learning program and preschool program shall meet the following requirements:

(1) The availability of a classroom and outdoor play area that meet department of human services requirements for the health and safety of three- and four-year - old children and is exempt from section 346-161 as a public preschool provider;

(2) The commitment of the principal to implementing a n early learning program , including through active participation in professional development sessions offered through the commission, and promoting continuity and alignment between and across other early learning programs in the community and other grade levels in the school to ensure the positive outcomes of children are sustained ;

(3) The inclusion of students with disabilities based on individualized education program plac e ment ; provided that:

(A) T he in-classroom ratio of student s with disabilities shall be based on the inclusion of children with disabilities in proportion to the general population of the school ;

(B) Subparagraph (A) does not anticipate or permit imposing caps or quotas on the number of children with disabilities in a program or not individualizing services for children with disabilities under the Individuals with Disabilities Education Act of 2004 (20 U.S.C. 1400 et seq., as amended);

(C) The department shall collaborate with the charter school to coordinate services for students with disabilities who are placed in the classroom offered through the program; and

(D) Funding for all costs associated with the implementation of the individualized education program of students shall be provided through the department;

(4) Enrollment in the program shall be free and voluntary;

(5) The enrollment shall not exceed twenty children per classroom; and

(6) The incorporation of standards that are research-based and developmentally-appropriate practices associated with improved educational outcomes for children, such as:

(A) Positive teacher-child interactions that shall be evaluated through observations conducted by the commission using a research-based tool at least twice a year, for the purposes of professional development; provided that the observations shall not be used for the purposes of teacher evaluation;

(B) The early learning environment shall be assessed using a tool that measures its effectiveness and shall be conducted at least two times per school year by a certified observer who is employed or contracted by the commission; provided that the teaching staff shall use the assessment data and feedback to improve the quality of the learning environment; provided further that observations shall be used for the purposes of professional development and shall not be used for the purposes of teacher evaluation;

(C) Use of individual child formative assessments that are used for ongoing planning relating to all areas of child development and learning including cognitive, linguistic, social emotional approaches to learning, and health and physical development;

(D) Family engagement in partnership with charter schools, including conducting outreach for enrollment and engagement of families in their children's education in recognition of families ' role as their child ' s first and most important teacher;

(E) Alignment with the Hawaii early learning and development standards, department standards, state content and performance standards, and general learner outcomes for grades kindergarten to twelve to facilitate a seamless educational experience for children;

(F) Requirements that any teacher shall have coursework in early childhood education pursuant to Hawaii teacher standards board licensing requirements for a prekindergarten teacher or be enrolled in a state-approved teacher education program and be working toward satisfying the Hawaii teacher standards board licensing requirements; and

(G) Requirements that any educational assistant has a current child development associate credential, coursework for a certificate that meets the requirements for child development associate credential preparation, or be enrolled in and working toward completing a program that prepares the individual to obtain the credential.

(e) The commission shall monitor the implementation of the educational experience for children.

(f) The commission shall provide support to incorporate the standards developed pursuant to subsection (d), including support related to teacher-child interactions, early childhood learning environment, individual child assessments, and family engagement.

(g) Teaching staff participating in a program established pursuant to this section shall participate in coaching and mentoring and professional development opportunities offered through the commission; provided that the commission shall cover the associated travel and substitute teacher costs, contingent upon funding availability . The commission may extend this support, excluding travel and substitute teacher costs, to individuals who are not participating in the program to promote alignment between all grade levels, programs, and settings.

(h) School leaders shall attend professional development sessions related to P-3 (preschool to grade three) alignment offered through the commission. The commission shall cover the costs associated with travel and substitute teacher expenditures, contingent upon the availability of funding . The commission may extend this support, excluding travel and substitute teacher costs, to individuals who are not participating in the program to promote alignment between all grade levels, programs, and settings.

(i) The commission shall work with each charter school to develop and annually update a written three-year plan that promotes, within the school and community, alignment of and transitions between learning experiences, and report on the progress made toward the plan by the end of the school year.

(j) The commission shall coordinate with other agencies and programs to facilitate comprehensive services for early learning.

(k) The commission shall promote the development of a cohesive, comprehensive, and sustainable early learning system. The commission shall coordinate with other early learning providers, including those providing the programs and services, to promote alignment between prekindergarten and elementary school programs and to support children and their families in making successful transitions from prekindergarten into kindergarten.

(l) Each early learning program and preschool program may use available classrooms for public preschool programs statewide.

(m) The commission shall adopt rules pursuant to chapter 91 for the purpose of this section.

(n) The commission shall submit a report to the legislature no later than twenty days prior to the convening of each regular session regarding state-funded early learning programs in charter schools. The report shall include, as related to each type of program:

(1) The number and location of classrooms;

(2) Sources of funding for each classroom;

(3) Aggregated data reflecting the quality of teacher-child interactions relating to emotional support, classroom organization, and instructional support;

(4) Aggregated data reflecting the quality of the early learning environment and the teacher-child interactions that maximize the learning opportunities of the environment ; and

(5) Aggregated student outcomes related to all areas of child development and learning, including cognitive, linguistic, social and emotional approaches to learning and health and physical development, as assessed using a formative assessment tool selected or approved by the commission.

This reported data shall be compiled from the previously state-funded school year. [L 2020, c 46, pt of §3; am L 2021, c 210, §4]
Haw. Rev. Stat. § 302A-442 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-442
Occupational therapy services, physical therapy services, school health services, mental health services, psychological services, and medical services
Status: in_force

(a) The department of health, within the funds available, shall be responsible for the related services of school health, mental health, psychological, and medical services for evaluation or diagnostic purposes, and, within the funds available, shall provide for those exceptional children who need these services and who attend public school in the State.

(b) The department of education, within the funds available, shall be responsible for the related services of occupational therapy and physical therapy for evaluation or diagnostic purposes, and, within the funds available, shall provide for those exceptional children who need these services and who attend public school in the State.

(c) The department of health shall work in cooperation with the department of education to implement this section. The procedures to implement this section shall be in accordance with the rules of the department of health and the department of education. [L 1996, c 89, pt of §2; am L 2000, c 123, §1]
Haw. Rev. Stat. § 302A-1132 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1132
Attendance compulsory; exceptions.
Status: in_force

(a) Unless excluded from school or excepted from attendance, all children who will have arrived at the age of at least five years on or before July 31 of the school year, and who will not have arrived at the age of eighteen years, by January1 of any school year, shall attend either a public or private school for, and during, the school year, and any parent, guardian, or other person having the responsibility for, or care of, a child whose attendance at school is obligatory shall send the child to either a public or private school. Attendance at a public or private school shall not be compulsory in the following cases:

(1) Where the child is physically or mentally unable to attend school (deafness and blindness excepted), of which fact the certificate of a duly licensed physician shall be sufficient evidence;

(2) Where the child, who has reached the fifteenth anniversary of birth, is suitably employed and has been excused from school attendance by the superintendent or the superintendent's authorized representative, or by a family court judge;

(3) Where, upon investigation by the family court, it has been shown that for any other reason the child may properly remain away from school;

(4) Where the child has graduated from high school;

(5) Where the child is enrolled in an appropriate alternative educational program as approved by the superintendent or the superintendent's authorized representative in accordance with the plans and policies of the department, or notification of intent to home school has been submitted to the principal of the public school that the child would otherwise be required to attend in accordance with department rules adopted to achieve this result; or

(6) Where:

(A) The child has attained the age of sixteen years;

(B) The principal has determined that:

(i) The child has engaged in behavior which is disruptive to other students, teachers, or staff; or

(ii) The child's non-attendance is chronic and has become a significant factor that hinders the child's learning; and

(C) The principal of the child's school, and the child's teacher or counselor, in consultation with the child and the child's parent, guardian, or other adult having legal responsibility for or care of the child, develops an alternative educational plan for the child. The alternative educational plan shall include a process that shall permit the child to resume school.

The principal of the child's school shall file the plan made pursuant to subparagraph (C) with the child's school record. If the adult having legal responsibility for or care of the child disagrees with the plan, then the adult shall be responsible for obtaining appropriate educational services for the child.

(b) Any employer who employs a child who is excused from school attendance in accordance with subsection (a)(2) shall notify the child's school within three days upon termination of the child's employment.

(c) Beginning with the 2014-2015 school year, any parent, guardian, or other person having the responsibility for, or care of, a child who will be at least five years of age on or before July 31 of the school year shall enroll the child in a public school kindergarten unless the child is enrolled at a private school or the child's attendance is otherwise exempt under this section.

(d) As used in this section, "private school" means an educational institution that teaches students in any grade from kindergarten through grade twelve and that is either:

(1) Licensed;

(2) Licensed and accredited by the Hawaii Association of Independent Schools, Hawaii Council of Private Schools, Western Association of Schools and Colleges, Western Catholic Educational Association, Association of Christian Schools International, or a similar entity recognized by the Hawaii Council of Private Schools that meets or exceeds the standards set by the aforementioned entities; or

(3) Accredited by the Hawaii Association of Independent Schools, Hawaii Council of Private Schools, Western Association of Schools and Colleges, Western Catholic Educational Association, Association of Christian Schools International, or a similar entity recognized by the Hawaii Council of Private Schools that meets or exceeds the standards set by the aforementioned entities, and submits health and safety documentation to the Hawaii Council of Private Schools or the Hawaii Catholic Schools office on an annual basis. [L 1996, c 89, pt of §2 and am c 162, §2; am L 2014, c 76, §3; am L 2019, c 227, §1; am L 2022, c 61, §1]
Haw. Rev. Stat. § 302L-1.5 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-1.5
Executive office on early learning; director; general functions, duties, and powers.
Status: in_force

(a) There is established an executive office on early learning that shall be temporarily placed within the office of the governor; provided that on July 1, 2015, the executive office on early learning shall be permanently established within the department of education for administrative purposes only.

(b) The head of the executive office on early learning shall be known as the director of the executive office on early learning, hereinafter referred to as director. The director shall:

(1) Be appointed and evaluated annually by the board;

(2) Have professional training in the field of social work, education, or other related fields, including major coursework in early childhood education and child development, and preferably holding an academic degree in the field of early childhood education and child development;

(3) Have direct experience in programs or services related to early learning;

(4) Have recent experience in a supervisory, consultative, or administrative position;

(5) Be paid a salary set by the board that shall not exceed ninety per cent of the salary of the director of human resources development; and

(6) Be included in any benefit program generally applicable to the officers and employees of the State.

(c) The director shall be responsible for:

(1) Serving as the principal officer in state government responsible for the performance, development, and control of programs, policies, and activities under the jurisdiction of the office from prenatal care to entrance into kindergarten, including all state-funded prekindergarten programs and private partnership-funded prekindergarten programs in the public schools, except for special education and Title I-funded prekindergarten programs;

(2) Supervising and directing the performance of the director's subordinates in various activities, including planning, evaluation, and coordination of early learning programs;

(3) Administering funds allocated for the office and applying for, receiving, and disbursing grants and donations from all sources for early learning programs and services;

(4) Assessing the policies and practices of other agencies impacting early learning and conducting advocacy efforts for early learning;

(5) Advising agencies on new legislation, programs, and policy initiatives relating to early learning;

(6) Employing and retaining staff as may be necessary for the purposes of this section; and

(7) Contracting for services that may be necessary for the purposes of this section, including through master contracts, memoranda of understanding, and memoranda of agreement with other state agencies receiving federal and state funds for programs and services for early learning, and purchase of service agreements with appropriate agencies.

(d) In developing the early learning system established pursuant to section 302L-2, the office, among other things, shall:

(1) Establish policies and procedures governing its operations;

(2) Develop a plan, with goals and objectives, for the early learning system, including the development, execution, and monitoring of a phased implementation plan;

(3) Coordinate, improve, and expand upon existing early learning programs and services for children from prenatal care until the time they enter kindergarten;

(4) Establish policies and procedures to include existing early learning programs and services;

(5) Establish additional early learning programs and services, including public and private partnerships, where applicable;

(6) Establish policies and procedures governing the inclusion of children with special needs;

(7) Develop incentives to enhance the quality of programs, services, and educational professionals within the early learning system;

(8) Coordinate efforts to develop a highly-qualified, stable, and diverse workforce;

(9) Develop and implement methods of maximizing the engagement of families, caregivers, and teachers in the early learning system;

(10) Develop an effective, comprehensive, and integrated system to provide training and technical support for programs and services within the early learning system;

(11) Develop standards of accountability to ensure that high-quality early learning experiences are provided by programs and services of the early learning system;

(12) Collect, interpret, and release data relating to early learning in the State;

(13) Recommend the appropriate proportion of state funds that should be distributed to programs and services across the early learning system, to ensure the most effective and efficient allocation of fiscal resources within the early learning system;

(14) Promote awareness of early learning opportunities to families and the general public; and

(15) Consult with community groups, including statewide organizations that are involved in early learning professional development, policy and advocacy, and early childhood programs.

(e) The Hawaii head start state collaboration office shall be transferred from the department of human services to the executive office on early learning. [L 2012, c 178, pt of §2; am L 2015, c 108, §7; am L 2017, c 202, §3; am L 2019, c 276, §7]
Haw. Rev. Stat. § 304A-2261 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2261
Renumbered as §304A-2176.
Status: in_force

§304A-2261 Renumbered as §304A-2176.
Haw. Rev. Stat. § 312-2 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-2
Powers of board; special fund.
Status: in_force

The board of education may:

(1) Except as provided in section 312-3.9, make arrangements or contracts as are approved by the governor, with any county, city, association, society, person, or persons, for the purpose of benefiting the libraries and increasing their facilities and use;

(2) Subject to section 26-12, enter into an arrangement or contract as is approved by the governor, with the Friends of the Library of Hawaii, affiliates of the Friends of the Library of Hawaii, and any tax-exempt nonprofit organization recognized under section 501(c)(3) of the Internal Revenue Code whose primary purpose is to support a state library branch, for the purpose of obtaining the use of the books and property and income of the Friends of the Library of Hawaii, its affiliates, and the aforementioned tax-exempt nonprofit organizations;

(3) Cooperate by exchange and otherwise with libraries now existing or hereafter to be formed;

(4) Receive, use, manage, or invest 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 any or all purposes of the libraries;

(5) Deposit with the director of finance in the library special fund all moneys donated to the board for library services;

(6) Unless otherwise provided for by the terms and conditions of the donation, convert, at the time as the board may at its sole discretion determine, any or all donations of property, real, personal, or mixed, into money to be deposited into the special fund; and

(7) Expend the moneys in the special fund in accordance with the terms and conditions of each donation for the purposes of the libraries.

The board shall be the trustee of the special fund and all moneys therein shall be deemed to have been appropriated to the use and for the purposes of the Hawaii state public library system in providing library services. Nothing in this section shall be construed to limit the powers and duties of the board hereinbefore expressed, or to empower the board to obligate the State financially in any sum that shall not have been appropriated by the legislature for the use of the board. [L 1909, c 83, §3; RL 1925, §418; RL 1935, §802; am L 1939, c 127, §1; RL 1945, §1913; am L 1953, c 171, §2; RL 1955, §45-3; am L Sp 1959 2d, c 1, §§14, 18; am L 1963, c 114, §1; HRS §312-2; am L 1981, c 150, §6; am L 1997, c 252, §3; am L 2012, c 308, §2; am L 2015, c 26, §4; am L 2018, c 171, §1]
Haw. Rev. Stat. § 304A-3202 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3202
Terms and provisions of compact.
Status: in_force

The terms and provisions of the Compact referred to in section [304A-3201] are as follows:

WESTERN REGIONAL EDUCATION COMPACT

The contracting states do hereby agree as follows:

ARTICLE I

WHEREAS, the future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and

WHEREAS, many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

WHEREAS, it is believed that the Western States, or groups of such states within the Region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the Region and of the students thereof;

Now, therefore, the states of Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, and the Territory do hereby covenant and agree as follows:

ARTICLE II

Each of the compacting states and the Territory of Hawaii pledges to each of the other compacting states and territory faithful cooperation in carrying out all the purposes of this compact.

ARTICLE III

The compacting states and territory hereby create the Western Interstate Commission for Higher Education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state and territory and an agency thereof. The commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories.

ARTICLE IV

The commission shall consist of three resident members from each compacting state or territory. At all times one commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed.

The commissioners from each state and territory shall be appointed by the governor thereof as provided by law in such state or territory. Any commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.

The terms of each commissioner shall be four years: Provided, however, that the first three commissioners shall be appointed as follows: one for two years, one for three years, and one for four years. Each commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term.

ARTICLE V

Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states and the Territory of Hawaii.

One or more commissioners from a majority of the compacting states and territory shall constitute a quorum for the transaction of business.

Each compacting state and territory represented at any meeting of the commission is entitled to one vote.

ARTICLE VI

The commission shall elect from its number a chairman and a vice chairman, and may appoint and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.

The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.

ARTICLE VII

The commission shall adopt a seal and bylaws and shall adopt and promulgate rules and regulations for its management and control.

The commission may elect such committees as it deems necessary for the carrying out of its functions.

The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states or the Territory of Hawaii shall call additional meetings.

The commission shall submit a budget to the Governor of each compacting state and territory at such time and for such period as may be required.

The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the Region.

On or before the fifteenth day of January of each year, the commission shall submit to the Governors and Legislatures of the compacting states and territory a report of its activities for the preceding calendar year.

The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the Governor of any compacting state or territory or the governor's designated representative. The commission shall not be subject to the audit and accounting procedure of any of the compacting states or territory. The commission shall provide for an independent annual audit.

ARTICLE VIII

It shall be the duty of the commission to enter into such contractual agreements with any institution in the region offering graduate or professional education and with any of the compacting states or territory as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health and veterinary medicine, and may undertake similar activities in other professional and graduate fields.

For this purpose the commission may enter into contractual agreements.

(a) With the governing authority of any educational institution in the region, or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and

(b) With the governing authority of any educational institution in the region or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.

It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs, and the long-range effects of the compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the Western Governors' Conference and to the legislatures of the compacting states and territory. In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the governors of the various compacting states and territory, uniform legislation dealing with problems of higher education in the region.

For the purposes of this compact the word "region" shall be construed to mean the geographical limits of the several compacting states and the Territory of Hawaii.

ARTICLE IX

The operating costs of the commission shall be apportioned equally among the compacting states and the Territory of Hawaii.

ARTICLE X

This compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the states of Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and the Territory of Hawaii have duly adopted it prior to July1, 1953. This compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption.

ARTICLE XI

This compact may be terminated at any time by consent of a majority of the compacting states and territory. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the governor of the withdrawing state or territory accompanied by a certified copy of the requisite legislative action is received by the commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the commission.

ARTICLE XII

If any compacting state or territory shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder shall be suspended from the effective date of such default as fixed by the commission.

Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories.

Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the commission. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-1117 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1117
Records, evidence.
Status: in_force

The department shall cause all its proceedings, doings, and acts to be recorded, and these records, from time to time, shall be filed in the archives of the department. A certified copy of a record or any portion thereof, when signed by the superintendent under the seal of the department, shall be competent evidence of all it contains in any court.
Haw. Rev. Stat. § 302A-482 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-482
Affidavit for caregiver consent.
Status: in_force

(a) Notwithstanding any other law to the contrary, a caregiver may consent on behalf of a minor to enrollment in school and to full participation in curricular and co-curricular school activities, if the caregiver possesses and presents to the department of education for inclusion in the minor's file a valid affidavit for caregiver consent provided by the department of education and executed by the caregiver that shall include but not be limited to the following:

(1) The caregiver's name and current home address;

(2) The birthdate of the caregiver;

(3) The number of the caregiver's Hawaii driver's license or state identification card;

(4) The relationship of the caregiver to the minor;

(5) The name of the minor;

(6) The birthdate of the minor;

(7) The length of time the minor has resided with the caregiver;

(8) The signature of the caregiver;

(9) The signature of consent by the minor's parent, guardian, or legal custodian; provided that the signature of the minor's parent, guardian, or legal custodian shall not be necessary if the affidavit states that the caregiver has been unable to obtain the signature of the minor's parent, guardian, or legal custodian; and included a statement by the caregiver documenting the attempts to obtain the signature of the minor's parents, guardian, or legal custodian;

(10) The minor's residency with the caregiver is not for the purpose of:

(A) Attending a particular school;

(B) Circumventing the department of education's district exemption process;

(C) Participating in athletics at a particular school; or

(D) Taking advantage of special services or programs offered at a particular school;

(11) Notice has been provided by the caregiver to the child protective services unit of the department of human services if the minor covered by this affidavit is residing with the caregiver due to abuse or neglect perpetuated by the minor's parent;

(12) The following statement:

"General Notices:

This declaration does not affect the rights of the minor's parent, guardian, or legal custodian regarding the care, custody, and control of the minor, and does not give the caregiver legal custody of the minor.

The minor's parent or legal custodian may at any time rescind this affidavit by informing the minor's school principal in writing that the minor is attending school under the authority of this affidavit and that this affidavit has been rescinded.

A person who relies on this affidavit has no obligation to conduct any further inquiry or investigation.

No person who relies in good faith on this affidavit shall be subject to civil or criminal liability or to professional disciplinary action because of that reliance."

(b) The caregiver shall immediately notify the school if the minor no longer resides with the caregiver, and the affidavit for caregiver consent shall be revoked immediately.

(c) The affidavit for caregiver consent shall be superseded upon written notification by the minor's parent, guardian, or legal custodian to the minor's school principal that this affidavit has been rescinded.

(d) Any person who relies in good faith on the affidavit has no obligation to conduct any further inquiry or investigation.

(e) No person who relies in good faith on the affidavit for caregiver consent shall be subject to civil or criminal liability, or to professional disciplinary action because of the reliance.

(f) The affidavit for caregiver consent shall constitute sufficient basis for determination of residency of a minor unless the school determines from actual facts that the minor is not living with the caregiver. The school may also require additional evidence that the caregiver lives at the address provided in the affidavit.

(g) This section shall not apply to the programs and services of minors subject to the Individuals with Disabilities Education Act (20 U.S.C. section 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. section 791). [L 2003, c 99, pt of §1; am L 2004, c 10, §8]
Haw. Rev. Stat. § 302A-443.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-443.5
Education of students with disabilities; private residential facilities; special education schools or programs; accreditation.
Status: in_force

(a) As used in this section:

"Accredited private special education school or program" means a private day school, private day program, or any preschool that has earned accreditation according to the requirements and procedures specified by the Western Association of Schools and Colleges, any Hawaii affiliate of the Western Association of Schools and Colleges, the Hawaii Association of Independent Schools, the National Association for the Education of Young Children, or the National Early Childhood Program for Accreditation.

"Certified or licensed private residential facility" means a private residential school or program that has earned licensure, certification, or accreditation according to requirements and procedures specified by the appropriate state licensure board or department.

"Nonpublic special education school or program" means any privately owned or operated preschool, school, educational organization or corporation, treatment facility, day program, residential program, or any other placement that maintains, conducts, or provides classes or programming, including related services as defined by federal or state laws, rules, or regulations, for the purpose of offering instruction or treatment to students with disabilities for consideration, profit, tuition, or fees.

(b) Any accredited private special education school or program, certified or licensed private residential facility, or nonpublic special education school or program that:

(1) Provides education, treatment, programming, or related services to students with disabilities who are eligible to receive special education and related services pursuant to federal or state laws, rules, or regulations; and

(2) Receives funding from the State, either directly or through parental reimbursement,

shall comply with all federal and state laws, rules, and regulations.

(c) Any nonpublic special education school or program that:

(1) Is not accredited by the Western Association of Schools and Colleges, any Hawaii affiliate of the Western Association of Schools and Colleges, the Hawaii Association of Independent Schools, the National Association for the Education of Young Children, or the National Early Childhood Program for Accreditation; and

(2) Receives funding from the State, either directly or through parental reimbursement,

shall apply for accreditation within ninety days from the date of accepting a student with disabilities who was placed there as the result of a hearing officer's decision pursuant to section 302A-443, court order, settlement agreement, or placement by the department. Within the ninety-day application period, the nonpublic special education school or program shall provide proof of its application for accreditation to the department.

(d) The department may adopt rules pursuant to chapter 91 to implement this section. [L 2011, c 128, §2]
Haw. Rev. Stat. § 302A-601.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-601.5
Employees of the department of education and teacher trainees in any public school; criminal history record checks.
Status: in_force

(a) The department of education, including the Hawaii state public library system, shall develop procedures for obtaining 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. These procedures shall include criminal history record checks in accordance with section 846-2.7.

Information obtained pursuant to this subsection shall be used exclusively by the employer or prospective employer 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 currently or hereafter in effect.

(b) The employer or prospective employer may refuse to employ, and may:

(1) Refuse to issue a certificate for school administrators;

(2) Revoke the certificate for school administrators;

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

(4) Terminate the employment of any employee or deny employment to an applicant,

if the person has been convicted of 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, revocation, or termination may occur only after appropriate investigation and notification to the employee or applicant for employment of results and planned action, and after the employee or applicant for employment is given an opportunity to meet and rebut the finding. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 or 89, or administrative regulation of the department of education.

(c) This section shall not be used by the department to secure criminal history record checks on persons who have been employed continuously by the department, including the state public library system, on a salaried basis prior to July 1, 1990.

(d) Notwithstanding any other law to the contrary, for purposes of this section, the department of education, including the Hawaii state public library system, shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91. [L 2003, c 95, pt of §4; am L 2014, c 39, §2]
Haw. Rev. Stat. § 319-5 — HI Code / Division 1 / Title 18 / Chapter 319 / Section 319-5
Rules.
Status: in_force

The director may adopt, amend, and repeal rules necessary or desirable to the implementation of this chapter, subject to the provisions of chapter 91.
Haw. Rev. Stat. § 302A-1404 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1404
Federal impact aid military liaison.
Status: in_force

(a) The department and the state public charter school commission or an authorizer, as appropriate, may retain and expend federal indirect overhead reimbursements for grants for the reimbursements as determined by:

(1) The director of finance and the superintendent; or

(2) The director of finance and the state public charter school commission or an authorizer, as appropriate.

(b) Each fiscal year the department of education may set aside $100,000 of federal impact aid moneys received pursuant to this section to:

(1) Establish and fund a permanent, full-time military liaison position within the department of education; and

(2) Fund the joint venture education forum to facilitate interaction between the military community and the department of education.

The military liaison position established under paragraph (1) shall be exempt from chapter 76 but shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State. [L 2000, c 234, pt of §2; am L 2004, c 147, §2; am L 2006, c 298, §21; am L 2012, c 130, §14 and c 133, §28; am L 2022, c 225, §2]
Haw. Rev. Stat. § 304A-505 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-505
Workforce development scholarship program.
Status: repealed

(a) There is established the workforce development scholarship program to be administered by the University of Hawaii to address projected shortfalls in and needs of the workforce. The program shall be used to provide financial assistance for up to three years to any qualified student enrolled at a community college campus of the University of Hawaii.

(b) The number of scholarships awarded and the amount of each scholarship shall be determined by the university and shall be subject to the availability of funds. The University of Hawaii shall offer scholarships to pay for educational costs, such as tuition, fees, books, housing, and other educational costs; provided that the scholarship applicant:

(1) Qualifies for Hawaii resident tuition;

(2) Earned a high school diploma or passed the general educational development test; and

(3) Is eligible for need-based aid according to federal financial aid guidelines.

The scholarship may be renewed annually for up to three years; provided that the student maintains satisfactory academic progress. [L 2006, c 257, §3]

Revision Note

Section was enacted as an addition to repealed chapter 305, but is codified to this chapter pursuant to L 2006, c 75, §18.
Haw. Rev. Stat. § 304A-3003 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3003
Powers of the research corporation.
Status: in_force

The research corporation, under the direction of the board of directors, shall have the following general powers:

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

(2) To sell, lease, rent, hold, maintain, use, and operate any property, real, personal, or mixed, tangible or intangible, in accordance with the conditions under which it was received;

(3) To enter into and perform such contracts, leases, cooperative agreements, or other transactions with the university or any other agency or political subdivision of the State, any private person, firm, partnership, association, company, or corporation, only as it may be necessary in the conduct of its business and on such terms as it may deem appropriate; provided that the research corporation shall not obligate any funds of the State except those that have been appropriated to it. Notwithstanding the foregoing, the research corporation may enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, a foreign nation, a state, a territory, or a possession, or with any political subdivision thereof, whenever the donating or granting agency or instrumentality determines that the university or any other agency of the State cannot as effectively and efficiently accomplish the purposes for which such contracts, leases, cooperative agreements, or other transactions are being entered into; provided that the research corporation shall not obligate any funds of the State except those that have been appropriated to it;

(4) To receive by gifts, grants, devises, bequests, or otherwise from private sources only, any property, real, personal, or mixed, intangible or tangible, absolutely or in trust, to be used and disposed of, either the principal or the income therefrom, in accordance with the conditions under which it was received; except that no gift to the research corporation shall be accepted unless approved or confirmed by the board of directors. Notwithstanding the foregoing, the research corporation may receive gifts, grants, or awards from any agency or instrumentality of the United States, a foreign nation, a state, a territory, or a possession, or from any political subdivision thereof, whenever the donating or granting agency or instrumentality determines that the university or any other agency of the State cannot as effectively and efficiently accomplish the purposes for which the gifts, grants, or awards are being made, except that no gift to the research corporation shall be accepted unless approved or confirmed by the board of directors;

(5) To have a corporate seal;

(6) To sue and be sued in its own name;

(7) To serve as trustee or beneficiary under terms of any gift, indenture, or will;

(8) To apply for, take out, receive by purchase or gift, hold, administer, and dispose of copyrights, patent rights, licenses, assignments of inventions, discoveries, processes, and other property, rights or interests therein, and the income thereof, absolutely or subject to such conditions or trusts as may be attached thereto or be imposed thereon, and to obligate itself to perform and execute any and all such conditions or trusts;

(9) To conduct research, studies, experiments, investigations, and tests in all fields of knowledge; to promote and develop the scientific and commercial value of inventions, discoveries, and processes; and to make, publish, and distribute the results thereof;

(10) To coordinate and correlate activities and projects of the research corporation with the work of state agencies for the purpose of relating research work to the economic development of the State whenever practical or desirable;

(11) To stimulate and promote cooperative research projects and activities;

(12) To establish and maintain, or to assist in establishing and maintaining, scholarships, fellowships, and professorships, and other staff positions for the purpose of aiding in the acquisition and dissemination of knowledge and to enter into agreements or contracts with other corporations, organizations, institutions, or persons for this purpose and to pay the necessary and appropriate expenses therefor;

(13) To prepare, print, or publish any manuscript, research article, report, study, discussion, reference, collection, or any pictorial or schematic representation or group or collection thereof, whether it belongs to or is the work of any state agency or its employees, or the university or one of its faculty members or employees, or the research corporation or its employees, or a contractor of the research corporation. The printing or publication may be accomplished through whatever person, company, or agency is deemed most appropriate by the board of directors; and

(14) To do any or all other acts reasonably necessary to carry out the objects and purposes of the research corporation and the university. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-1303.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1303.5
Committee on weights.
Status: in_force

(a) There is established within the department of education the committee on weights to develop a weighted student formula pursuant to section 302A-1303.6. The committee may:

(1) Create a list of student characteristics that will be weighted;

(2) Create a system of weights based upon the student characteristics that may be applied to determine the relative cost of educating any student;

(3) Determine specific student weights, including their unit value;

(4) Determine which moneys shall be included in the amount of funds to be allocated through the weighted student formula;

(5) Recommend a weighted student formula to the board of education;

(6) Perform any other function that may facilitate the implementation of the weighted student formula; and

(7) Meet not less than once every odd-numbered year, to review the weighted student formula and, if the committee deems it necessary, recommend a new weighted student formula for adoption by the board of education.

(b) The composition of the committee on weights shall be determined by the board of education based on recommendations from the superintendent of education and dean of the University of Hawaii at Manoa college of education and include principals, teachers, and other members with the appropriate professional skills, experiences, and qualifications needed to facilitate the work of the committee. The superintendent or the superintendent's designee shall chair the committee on weights.

(c) The committee on weights may form advisory subcommittees to obtain input from key stakeholders as determined necessary by the committee.

(d) The members of the committee on weights shall serve at the pleasure of the board of education and shall not be subject to section 26-34. Members of the committee on weights shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 2004, c 51, §3; am L 2011, c 93, §2; am L 2012, c 133, §23]
Haw. Rev. Stat. § 302A-804 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-804
Powers and duties of the department, commission, and charter schools.
Status: in_force

(a) The department, commission, and charter schools shall retain all of their rights and powers except for the authority provided to the board under this subpart.

(b) The department's powers and duties under this subpart shall be limited to:

(1) Hiring, except in emergency situations as described in this chapter, licensed teachers to teach in their fields of licensing;

(2) Reporting data annually to the board about the supply of, and demand for, teachers in department schools, including the identification of shortage areas, out-of-field teaching assignments, number of classrooms without a licensed teacher for a quarter or more, numbers of teachers teaching out-of-field, numbers and types of courses and classes taught by out-of-field teachers, and numbers and types of students taught by out-of-field teachers;

(3) On an emergency and case-by-case basis, hiring unlicensed individuals; provided that:

(A) A list of the names, work sites, teaching assignments, and progress toward licensing of these individuals shall be reported to the board and any changes shall be updated on a monthly basis by the department;

(B) There are no properly licensed teachers for the specific assignments for which the individuals are being hired; and

(C) No individual may be employed by the department on an emergency basis for more than three years; provided that in the case of a declaration of a state of emergency pursuant to section 127A-14, the board, pursuant to its powers in section 302A-803(a)(18), may extend the three-year period by authorizing an extension to complete licensing requirements. During this time, the individual shall demonstrate active pursuit of licensing in each year of employment;

(4) Submitting an annual report to the board documenting:

(A) The number of emergency hires in department schools by subject matter areas and by school;

(B) The reasons and duration of employment for the emergency hiring enumerated in subparagraph (A); and

(C) The department's efforts to address the shortages described in subparagraph (A); and

(5) Providing any other information requested by the board that is pertinent to its powers and duties.

(c) The commission's powers and duties under this subpart shall be limited to:

(1) Reporting data annually to the board about the supply of, and demand for, teachers in charter schools, including the identification of shortage areas, out-of-field teaching assignments, number of classrooms without a licensed teacher for a quarter or more, numbers of teachers teaching out-of-field, numbers and types of courses and classes taught by out-of-field teachers, and numbers and types of students taught by out-of-field teachers; and

(2) Providing any other information requested by the board that is pertinent to the commission's powers and duties.

(d) A charter school's powers and duties under this subpart shall be limited to:

(1) Except in emergency situations as described in this chapter, hiring licensed teachers to teach in their fields of licensing;

(2) On an emergency and case-by-case basis, hiring unlicensed individuals; provided that:

(A) A list of the names, work sites, teaching assignments, and progress toward licensing of these individuals shall be reported to the board and any changes shall be updated on a monthly basis by the charter schools;

(B) There are no properly licensed teachers for the specific assignments for which the individuals are being hired; and

(C) No individual may be employed by the charter school on an emergency basis for more than three years; provided that in the case of a declaration of a state of emergency pursuant to section 127A-14, the board, pursuant to its powers in section 302A-803(a)(18), may extend the three-year period by authorizing an extension to complete licensing requirements. During this time, the individual shall demonstrate active pursuit of licensing in each year of employment;

(3) Submitting an annual report to the board documenting:

(A) The number of emergency hires in the charter school by subject matter areas;

(B) The reasons and duration of employment for the emergency hiring enumerated in subparagraph (A);

(C) The number of classrooms without a licensed teacher for a quarter or more;

(D) The number and type of courses and classes taught by out-of-field teachers; and

(E) The number and type of students taught by out-of-field teachers; and

(4) Providing any other information requested by the board that is pertinent to the charter school's powers and duties. [L 1996, c 89, pt of §2; am L 2001, c 312, pt of §10; am L 2008, c 125, §§2, 4; am L 2011, c 23, §1; am L 2014, c 39, §6; am L 2019, c 79, §2; am L 2020, c 53, §3]
Haw. Rev. Stat. § 302D- — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-
25 Applicability of state laws.
Status: in_force

(a) Charter schools shall be exempt from chapters 91 and 92 and all other state laws in conflict with this chapter, except those regarding:

(1) Collective bargaining under chapter 89; provided that:

(A) The exclusive representatives as defined in chapter 89 and the governing board of the charter school may enter into supplemental agreements that contain cost and noncost items to facilitate decentralized decision-making;

(B) The agreements shall be funded from the current allocation or other sources of revenue received by the charter school; provided that collective bargaining increases for employees shall be allocated by the department of budget and finance to the charter school's authorizer for distribution to the charter school; and

(C) These supplemental agreements may differ from the master contracts negotiated with the department;

(2) Discriminatory practices under section 378-2; and

(3) Health and safety requirements.

(b) Charter schools, the commission, and authorizers shall be exempt from chapter 103D, but shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices. Charter schools, the commission, and authorizers are encouraged to use the provisions of chapter 103D where possible; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption from chapter 103D and shall not subject the charter school, commission, or authorizer to any other provision of chapter 103D. Charter schools, the commission, and authorizers shall account for funds expended for the procurement of goods and services, and this accounting shall be available to the public.

(c) Charter schools and their employees, the commission and its employees, and governing boards and their members shall be subject to chapter 84.

(d) Any charter school, prior to the beginning of the school year, may enter into an annual contract with any department for centralized services to be provided by that department.

(e) Notwithstanding any law to the contrary, as public schools and entities of the State, a charter school, including its governing board, the commission, and any authorizer may not bring suit against any other entity or agency of the State.

(f) Charter schools, the commission, and authorizers shall be exempt from section 302A-1401.

(g) For purposes of statutory delegation of authority to department heads by other state agencies, the executive director shall be deemed the department head of the commission and charter schools unless otherwise specifically provided. [L 2012, c 130, pt of §2; am L 2014, c 99, §16](a) When the department considers whether to close any particular department school, the department shall submit a notice of possible availability of a department school or notice of vacancy of a department school to the board pursuant to section 302A‑1151.5(b); provided that the department has not elected to use the department school to support education programs.

(b) If a charter school exclusively or jointly occupies or uses buildings or facilities of a department school immediately prior to converting to a charter school, upon conversion that charter school shall be given continued exclusive or joint use of the buildings or facilities; provided that:

(1) The State may reclaim some or all of the buildings or facilities if it demonstrates a tangible and imperative need for such reclamation; and

(2) The State and the conversion charter school voluntarily enter into an agreement detailing the portion of those buildings or facilities that shall be reclaimed by the State and a timetable for the reclamation. If a timetable cannot be reached, the State may petition the board for the reclamation, and the board may grant the petition only to the extent that it is not possible for the conversion charter school and the State to jointly occupy or use the buildings or facilities.

(c) Upon receipt of a notice pursuant to section 302A‑1151.5(b), the board shall solicit applications from charter schools interested in using and occupying all or portions of the facilities of the department school by:

(1) Promptly notifying all charter schools that the department school is being considered for closure; and

(2) Affording each charter school an opportunity to submit an application with a written explanation and justification of why the charter school should be considered for possible occupancy and use of the facilities of the department school.

(d) After fully considering each charter school's application and based on the applications received and on other considerations, the board shall:

(1) Provide a written response to each charter school's application after each application has been fully considered;

(2) Compile a prioritized list of charter schools; and

(3) Make a final determination of which charter school, if any, shall be authorized to use and occupy the department school facilities.

(e) Upon the selection of a charter school to use a vacant department school facility or portion of a department school facility, the department and the charter school's authorizer shall enter into necessary agreements within ninety days of the selection to carry out the purposes of this section; provided that any agreement between the authorizer and the department shall stipulate that a charter school that uses and occupies a department school facility or portion of a department school facility shall be responsible for the full or pro rata share of the repair and maintenance costs for that facility or portion of the facility, as the case may be.

(f) The board shall adopt policies and procedures necessary to carry out the purposes of this section, including but not limited to:

(1) Procedures for charter schools to apply in writing to use vacant department school facilities;

(2) Criteria for the board to use in determining which charter schools to include on the prioritized list to be submitted to the department; and

(3) Procedures for the board to notify charter school applicants that are granted or denied the use of vacant department school facilities. [L 2012, c 130, pt of §2; am L 2014, c 99, §15](a) Beginning with fiscal year 2012-2013, and each fiscal year thereafter, the non-facility general fund per-pupil funding request for charter school students shall be the same as the general fund per-pupil amount to the department in the most recently approved executive budget recommendation for the department and shall be based upon reasonable projected enrollment figures for all charter schools. The general fund per-pupil request for each regular education and special education student shall:

(1) Include all general fund regular education cost categories, including comprehensive school support services, but excluding special education services, adult education, and the after-school plus program; provided that these services are provided and funded by the department; and

(2) Exclude fringe benefit costs and debt service.

(b) Fringe benefit costs for charter school employees, regardless of the payroll system utilized by a charter school, shall be included in the department of budget and finance's annual budget request. No fringe benefit costs shall be charged directly to or deducted from the charter school per-pupil allocations.

The legislature shall make an appropriation based upon the budget request; provided that the legislature may make additional appropriations for facility and other costs.

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

(c) Notwithstanding any law to the contrary, to ensure non-facility per-pupil general fund amounts allocated for the department and charter school students are equal on an annualized fiscal year basis, each year the director of finance shall:

(1) Determine the sum of general fund appropriations made for department and charter school student non-facility costs described in subsections (a) and (b);

(2) Determine the sum of department and charter school student enrollment based on reviewed and verified student enrollment counts as of October 15;

(3) Determine a per-pupil amount by dividing the sum of general fund appropriations determined under paragraph (1) by the sum of student enrollment determined under paragraph (2);

(4) Transfer a general fund amount between the department and charter schools that will provide each with a per-pupil allocation equal to the amount determined on an annualized fiscal year basis under paragraph (3); and

(5) Annually account for all calculations and transfers made pursuant to this subsection in a report to the legislature, governor, department, and charter schools.

This subsection shall not limit the ability of the director of finance to modify or amend any allotment pursuant to chapter 37.

(d) Charter schools shall be eligible for all federal financial support to the same extent as department schools. The department shall provide all authorizers with all state-level federal grant proposals submitted by the department that include charter schools as potential recipients and timely reports on state-level federal grants received for which charter schools may apply or are entitled to receive. Federal funds received by the department for charter schools shall be transferred to authorizers for distribution to the charter schools they authorize in accordance with the federal requirements. If administrative services related to federal grants are provided to the charter school by the department, the charter school shall reimburse the department for the actual costs of the administrative services in an amount that shall not exceed six per cent of the charter school's federal grants.(a) The department shall collaborate with each authorizer to develop a system of technical assistance related to compliance with federal and state laws and access to federal and state funds. The department shall collaborate with each authorizer to develop a list of central services that the department may offer for purchase by a charter school at an annual cost to be negotiated between an individual charter school and the department. The department shall enter into a contract with a charter school to provide these services, which shall be renegotiated on an annual basis.

(b) The department shall be responsible for the provision of a free appropriate public education. Any charter school that enrolls special education students or identifies one of its students as eligible for special education shall be responsible for providing the educational and related services required by a student's individualized education program. The programs and services for the student shall be determined collaboratively by the student's individualized education program team, which includes the student's parents or legal guardians.

If the charter school is unable to provide all of the required services, then the department shall provide the student with services as determined by the student's individualized educational program team. The department shall collaborate with the commission to develop guidelines related to the provision of special education services and resources to each charter school. The department shall review all of the current individualized education programs of special education students enrolled in a charter school and may offer staff, funding, or both, to the charter school based upon a per-pupil weighted formula implemented by the department and used to allocate resources for special education students in the department schools. [L 2012, c 130, pt of §2; am L 2014, c 99, §20]ers for distribution to the charter schools they authorize in accordance with the federal requirements. If administrative services related to federal grants are provided to the charter school by the department, the charter school shall reimburse the department for the actual costs of the administrative services in an amount that shall not exceed six per cent of the charter school's federal grants.

Any charter school shall be eligible to receive any supplemental federal grant or award for which any department school may submit a proposal, or any supplemental federal grants limited to charter schools; provided that if department administrative services, including funds management, budgetary, fiscal accounting, or other related services, are provided with respect to these supplemental grants, the charter school shall reimburse the department for the actual costs of the administrative services in an amount that shall not exceed six per cent of the supplemental grant for which the services are used.

All additional funds generated by the governing boards, that are not from a supplemental grant, shall be held separate from allotted funds and may be expended at the discretion of the governing boards.

(e) Authorizers shall calculate a general fund per-pupil amount based upon the amount of general funds appropriated by the legislature and released by the governor and the projected enrollment amount used to calculate the general funds appropriated pursuant to subsection (a).

Authorizers shall submit a report to the legislature no later than twenty days prior to the convening of each regular session that contains each charter school's current school year projection that is used to submit the budget request, the updated May 15 enrollment projection, the actual October 15 enrollment count, the authorizer's reviewed and verified enrollment count, and the November 15 enrollment count.

(f) To enable charter schools to access state funding prior to the start of each school year, foster their fiscal planning, enhance their accountability, and avoid over-allocating general funds to charter schools based on self-reported enrollment projections, authorizers shall:

(1) Provide sixty per cent of a charter school's per-pupil allocation based on the charter school's projected student enrollment no later than July 20 of each fiscal year; provided that the charter school shall have submitted to its authorizer a projected student enrollment no later than May 15 of each year;

(2) Provide an additional thirty per cent of a charter school's per-pupil allocation no later than December1 of each year, based on the October 15 student enrollment, as reviewed and verified by the authorizer; provided that the school is in compliance with all financial reporting requirements; and

(3) Retain no more than the balance of the remaining ten per cent of a charter school's per-pupil allocation, as a contingency balance to ensure fiscal accountability and compliance, no later than June 30 of each year;

provided that authorizers may make adjustments in allocations based on noncompliance with charter contracts and the board may make adjustments in allocations based on noncompliance with board policies made in the board's capacity as the state education agency, department directives made in the department's capacity as the state education agency, the board's administrative procedures, and board-approved accountability requirements.

(g) The department shall provide appropriate transitional resources to a conversion charter school for its first year of operation as a charter school based upon the department's allocation to the school for the year prior to the conversion.

(h) No charter school may assess tuition; provided that a charter school may assess and collect special fees and charges from students for co-curricular activities. Any special fees and charges collected pursuant to this subsection shall be deposited into insured checking or savings accounts and expended by each individual charter school. [L 2012, c 130, pt of §2; am L 2014, c 96, §17 and c 99, §18; am L 2016, c 113, §5; am L 2019, c 269, §3]
Haw. Rev. Stat. § 302D-37 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-37
Standardized assessment for students entering kindergarten.
Status: in_force

(a) The commission shall adopt the kindergarten entry assessment adopted by the board pursuant to section 302A-1165(a) to assess all charter school students entering kindergarten within the first thirty days of admission into kindergarten.

(b) The commission may waive the requirements of the uniform kindergarten entry assessment on a case-by-case basis.

(c) The commission shall share the information gathered from public charter schools pursuant to this section with the department, department of human services, and executive office on early learning to the extent not otherwise prohibited by administrative rule or law. [L 2020, c 46, pt of §3; am L 2021, c 210, §9]
Haw. Rev. Stat. § 302A-854 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-854
School health assistants; compensation.
Status: in_force

All full-time school health assistants employed in the department shall be employed and have their compensation fixed in accordance with chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule.
Haw. Rev. Stat. § 302A-426 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-426
Suspension and revocation of license; procedure.
Status: in_force

(a) The department, after notice and opportunity for a hearing, may suspend or revoke a license at any time when, in the judgment of the department, the licensee is not complying with section 302A-425 or the rules that may be adopted by the board. The notice of hearing shall be served personally or sent to the licensee by registered or certified mail with return receipt at the licensee's last known address.

(b) Notice of suspension or revocation shall be served personally upon the licensee or sent to the licensee by registered or certified mail with return receipt, and the licensee shall forward the licensee's license at once to the department, and cease at once to operate the private trade, vocational, or technical school.

(c) All proceedings shall be subject to chapter 91. [L 1996, c 89, pt of §2; am L 2017, c 164, §5]
Haw. Rev. Stat. § 304A-2263 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2263
Seed distribution program; revolving fund.
Status: in_force

There is established the seed distribution program revolving fund, the purpose of which shall be to enable the seed distribution program to operate at a level that will adequately meet the demand for seeds. The fund shall be used for the cultivation and production of seeds and for research and developmental purposes directly related to cultivation and production. The fund shall be administered by the college of tropical agriculture and human resources of the University of Hawaii. All sums withdrawn from the fund shall be reimbursed or restored from the proceeds realized through the sale of seeds.
Haw. Rev. Stat. § 302A-603 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-603
Teaching without certificates or licenses; penalty.
Status: in_force

(a) Except as otherwise provided, before the 1997-1998 school year, whoever serves in the department as a teacher without holding an unrevoked certificate issued under sections 302A-602 to 302A-639, and 302A-701, shall be fined not more than $25.

(b) Beginning with the 1997-1998 school year, whoever serves in the department as a teacher, paid under the salary schedule contained in the unit 5 collective bargaining agreement, without holding an unrevoked or unsuspended license or credential issued under sections 302A-801 to 302A-808, shall be fined not more than $500.

(c) Beginning with the 2002-2003 school year, an individual paid under the salary schedule contained in the unit 5 collective bargaining agreement, without holding an unrevoked license issued under sections 302A-801 to 302A-808, shall be fined not more than $500.

(d) Beginning with the 2002-2003 school year, emergency hires shall not be subject to this penalty. [L 1996, c 89, pt of §2 and am c 122, §§3, 7; am L 1999, c 218, §4; am L 2001, c 312, §§6, 11; am L 2002, c 193, §3; am L 2012, c 133, §10]
Haw. Rev. Stat. § 302A-417 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-417
Traffic safety education.
Status: in_force

(a) The department may establish and administer a traffic safety education program to be conducted at each public school for students from grades kindergarten through twelve.

(b) The department may establish the requirements for the position of traffic safety education specialist and may employ at least one traffic safety education specialist for the purposes of this section. The traffic safety education specialist may be paid out of fees allocated to the director of commerce and consumer affairs from the special drivers education fund account pursuant to section 431:10C-115. [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 302D-10 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-10
Services purchased from authorizer; itemized accounting.
Status: in_force

(a) No public charter school shall be required to purchase services from its authorizer as a condition of charter approval or renewal or of executing a charter contract, nor may any such condition be implied.

(b) A public charter school may, at its discretion, choose to purchase services from its authorizer. In such event, the public charter school and authorizer shall execute an annual service contract, separate from the charter contract, stating the parties' mutual agreement concerning any services to be provided by the authorizer and any service fees to be charged to the public charter school. An authorizer may not charge more than market rates for services provided to a public charter school. [L 2012, c 130, pt of §2]
Haw. Rev. Stat. § 304A-2690 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2690
§§304A-2690 to 304A-2693 REPEALED.
Status: repealed

§§304A-2690 to 304A-2693 REPEALED. L 2010, c 82, §8.
Haw. Rev. Stat. § 304A-2267 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2267
Center for labor education and research revolving fund.
Status: in_force

There is established the center for labor education and research revolving fund, for use by the director of the center for labor education and research with the approval of the chancellor or vice chancellor of the University of Hawaii, West Oahu campus, in carrying out the purposes of the center. All fees, charges, and other moneys collected in conjunction with the operations of the center for labor education and research shall be deposited in the revolving fund. Such amounts shall be expended from the fund by the director of the center for labor education and research as may be necessary to defray the cost of operating the center for labor education and research, excluding compensation of the permanent staff, but including contractual obligation, rentals, and such other program costs as approved by the chancellor or vice chancellor, West Oahu campus.
Haw. Rev. Stat. § 302A-405.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-405.5
[ §302A-405.
Status: in_force

[ §302A-405.5] Hawaii farm to school program; farm to school coordinator. (a) There is established within the department a Hawaii farm to school program. The purpose of the farm to school program shall be to:

(1) Improve student health;

(2) Develop an educated agricultural workforce;

(3) Enrich the local food system through the support and increase of local food procurement for the State's public schools;

(4) Accelerate garden and farm-based education for the State's public school students; and

(5) Expand the relationships between public schools and agricultural communities.

(b) The Hawaii farm to school program shall be headed by a farm to school coordinator who shall work in collaboration with the appropriate stakeholders to address the issues of supply, demand, procurement, and consumption of Hawaii-grown foods in state facilities, primarily education facilities, and take reasonable steps to incorporate more agriculture and nutrition education in schools. [L 2021, c 175, pt of §2]
Haw. Rev. Stat. § 302A-1406 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1406
Department of education federal revenue maximization program revolving fund; established.
Status: in_force

(a) There is established in the state treasury the department of education federal revenue maximization program revolving fund to be administered by the department. Moneys from the revolving fund shall be expended by the department for medicaid-eligible services provided by the department and administrative costs related to the department of education federal revenue maximization program.

(b) The department of education federal revenue maximization program revolving fund shall consist of:

(1) Federal revenue collected by the department for administering and operating the department of education federal revenue maximization program;

(2) Legislative appropriations;

(3) All interest earned on the deposit or investment of moneys in the department of education federal revenue maximization program revolving fund; and

(4) Any other moneys made available to the department of education federal revenue maximization program revolving fund from other sources. [L 2006, c 244, §2]
Haw. Rev. Stat. § 302A-627 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-627
Credit for military service.
Status: in_force

Any teacher who served on active duty with the armed forces of the United States shall be given credit by the department for the teacher's military service in the determination of the teacher's salary, the teacher's eligibility for leaves of absence, and for all other purposes of seniority. Both reentering and entering teachers shall have each year of their military service or six months thereof credited as a year of teaching experience; provided that no more than four years of credit for military service shall be allowed. Evidence of military service shall be by certificate.
Haw. Rev. Stat. § 304A-106 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-106
Gifts; investment authority.
Status: in_force

(a) The board of regents may receive, manage, and invest moneys or other property, real, personal, or mixed, which may be given, bequeathed, devised, or in any manner received from sources other than the legislature or any federal appropriation for the purpose of the university, its improvement or adornment, or the aid or advantage of students or faculty, and in general act as trustee on behalf of the university for any of such purposes or objects.

(b) Any law to the contrary notwithstanding, land-grant college aid moneys obtained under section [304A-2401] may be received, managed, and invested pursuant to this section.

(c) The board of regents shall cause to be kept suitable books of account wherein shall be recorded each gift, the essential facts of the management thereof, and the expenditure of the income. A statement of all trust funds shall be included in the annual report to the governor and the legislature. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302D-33.5 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-33.5
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 public charter school shall certify to the department any final finding resulting from the public charter 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 public charter 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 public charter 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 public charter 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 public charter school that the employee was provided due process in accordance with this section.

(c) Each public charter 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 public charter 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 public charter 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 public charter 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 public charter 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 public charter 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 public charter 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 public charter school's refusal to certify the removal of the employee from the registry.

(l) As used in this section:

"Department" means 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, §4]
Haw. Rev. Stat. § 302A-1508 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1508
Education design and construction project assessment fund.
Status: in_force

(a) There shall be established in the department a revolving fund to be known as the education design and construction project assessment fund for the purpose of defraying the costs of:

(1) Carrying out construction projects managed by the department;

(2) Managing funds representing accumulated vacation and sick leave credits and retirement benefits for non-general fund employees in the construction program in accordance with section 78-23;

(3) Equitably collecting and distributing moneys for other current expenses associated with capital improvement, repairs and maintenance, and repairs and alterations projects; and

(4) Managing payments for employee transportation requirements such as car mileage reimbursements in accordance with applicable law and collective bargaining agreements.

(b) The superintendent shall assess construction projects managed by the department based on the superintendent's evaluation of the costs of services for capital improvements, repairs and maintenance, and repairs and alterations projects. All assessments collected shall be deposited into the education design and construction project assessment fund.

(c) All expenditures from the education design and construction project assessment fund shall be made by the superintendent in accordance with applicable law and rules. [L 2005, c 189, §1]
Haw. Rev. Stat. § 304A-1752 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1752
Qualifications for residency program.
Status: in_force

The school of medicine of the University of Hawaii shall recommend that two positions within the University of Hawaii medical residency program be filled each year, in accordance with this subpart, by persons who have the necessary qualifications, other than the qualification of residency training, to take the examination for licensure as physicians or osteopathic physicians under chapter 453 and who volunteer to enter into contracts under section 304A-1753, regardless of whether they are graduates of the school of medicine of the University of Hawaii. The department of corrections and rehabilitation and the department of health shall notify the school of medicine of the type of physicians or osteopathic physicians needed by the correctional facilities and by rural communities. The school of medicine shall establish procedures to provide for applications by, and selection of, persons who are qualified and interested to fill the positions.
Haw. Rev. Stat. § 303-4 — HI Code / Division 1 / Title 18 / Chapter 303 / Section 303-4
Adoption of rules.
Status: in_force

Each employer may adopt rules to implement this chapter including but not limited to:

(1) The method of filing an election to accept an adjustment in earnings and revocation of the election;

(2) The effective date of an election;

(3) Changes in the amount of the adjustment in earnings; and

(4) Selection of the insurance company or companies from which the annuity contracts are to be purchased or to which payments into a qualified custodial account are to be made. [L 1967, c 40, pt of §1; HRS §303-4; am L 1999, c 123, §2(5)]
Haw. Rev. Stat. § 305J-10 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-10
Reauthorization.
Status: in_force

(a) A private college or university that is authorized pursuant to section 305J- 8 and maintains its accreditation shall apply to the department for reauthorization every two years. A private college or university that has its accreditation reaffirmed without sanction and continues to demonstrate its compliance with section 305J- 14 , shall otherwise be presumed to be qualified for reauthorization under this chapter for a period of t wo years .

(b) A seminary or religious training institution authorized pursuant to section 305J- 9 shall apply to the department for reauthorization every two years. A seminary or religious training institution that continues to meet the authorization requirements of this chapter shall otherwise be presumed to be qualified for reauthorization under this chapter for a period of t wo years.

(c) Private colleges or universities, seminaries , and religious training institutions applying for reauthorization under this section shall pay the fees required pursuant to section 305J- 18 .

( d ) If a private college or university, seminary, or religious training institution cannot demonstrate that it meets the authorization requirements of this chapter, the director shall deny the application for reauthorization. The director shall provide the private college or university, seminary, or religious training institution with written notification of the denial of the application for reauthorization and the basis for the denial. If, within six months of receiving notice that its application for reauthorization has been denied, the private college or university, seminary, or religious training institution corrects the action or condition upon which the denial was based, it may reapply for reauthorization. If the private college or university, seminary, or religious training institution does not correct the action or condition upon which the denial was based, it may submit a new application for authorization pursuant to section 305J- 8 or 305J- 9 , whichever is applicable, once the action or condition has been corrected.

( e ) If a private college or university is under a sanction from its accrediting body at the time that it submits its application for reauthorization, the director may :

(1) Approve the private college or university's reauthorization; or

(2) Grant probationary approval of the private college or university's reauthorization; provided that if the private college or university is granted probationary reauthorization:

(A) The department shall provide the private college or university with written notice of its probationary status;

(B) The private college or university shall reapply for reauthorization on an annual basis until the accrediting body lifts its sanction; and

(C) The private college or university shall provide the department with an annual report on its progress toward removing the sanction. [L 2013, c 180, pt of §2]
Haw. Rev. Stat. § 302A-809 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-809
REPEALED.
Status: in_force

L 2001, c 312, pt of §10.
Haw. Rev. Stat. § 302A-1161 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1161
Notification for noncompliance.
Status: in_force

If a child does not complete the immunizations required under section 302A‑1154 or the physical examination required under section 302A-1159 within the period provided by section 302A-1155 after provisional attendance at school, the administrator of the school shall cause a notice to be sent to the parent or guardian of the child stating that if the required immunizations or physical examination is not completed within thirty days of the date of the notice, the child shall not be permitted to attend school.
Haw. Rev. Stat. § 302H-4 — HI Code / Division 1 / Title 18 / Chapter 302H / Section 302H-4
Facilities or transportation.
Status: in_force

When fifteen or more qualified children in any one departmental school district wish to enroll in the Hawaiian language medium education program, the superintendent of education may provide facilities for a Hawaiian language medium education program or provide transportation to the nearest schooling site providing the program, including a charter school site or laboratory school site.
Haw. Rev. Stat. § 302A-1143.5 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1143.5
[ §302A-1143.
Status: in_force

[ §302A-1143.5] Career and technical education programs; enrollment. (a) Any school having a career and technical education program shall enroll all students who submit a timely application for participation in the program and who:

(1) Reside within the school's service area;

(2) Were enrolled in the school during the previous school year; or

(3) Reside outside the school's service area;

provided that if enrolling all students pursuant to paragraphs (1), (2), and (3) will cause the enrollment of the school to exceed the capacity of a program, class, grade level, or building, the school shall enroll all students described in paragraphs (1) and (2) and fill any remaining capacity of the program, class, grade level, or building by selecting eligible students described in paragraph (3) through a lottery system.

(b) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section. [L 2021, c 157, §2]
Haw. Rev. Stat. § 304A-803 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-803
Dual credit program.
Status: in_force

(a) There is established within the department of education the dual credit program, to allow eligible students to enroll in any qualified course offered by the University of Hawaii system.

(b) For the purposes of this section:

"Eligible student" means a public or home-schooled high school student in the ninth, tenth, eleventh, or twelfth grade who:

(1) Has passed an assessment approved by the college that demonstrates the student's ability to succeed at the college level;

(2) Is under the age of twenty-one as of September 1 of the school year in which the college course is taken; and

(3) Has other qualifications deemed appropriate by the department of education or the university; provided that subsequent qualifications do not restrict any student from taking the assessment.

"Qualified course" means any career and technical education or academic course offered by the University of Hawaii system that also applies to the department of education's graduation requirements or is otherwise permitted by department of education rule or policy.

(c) All course credits successfully completed pursuant to this section that would otherwise be transferable but for a student's grade level, shall be transferable to any University of Hawaii system degree granting institution; provided that the student is admitted to the campus where the credit is transferred.

(d) One hundred level or above University of Hawaii courses that fulfill an undergraduate or graduate degree course requirement and that are successfully completed under this section shall also satisfy the department of education's graduation requirements as determined by the department of education pursuant to rule.

(e) This section shall not preclude the department of education and the university from establishing programs by mutual agreement that permit high school students to enroll in college courses. [L 2006, c 75, pt of §2; am L 2015, c 113, §3]
Haw. Rev. Stat. § 302D-11 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-11
Oversight of public charter school authorizers.
Status: in_force

(a) The board shall be responsible for overseeing the performance and effectiveness of all authorizers established under this chapter.

(b) In accordance with section 302D-7, every authorizer shall submit to the board and the legislature an annual report. The board shall communicate to every authorizer the requirements for the format, content, and submission of the annual report.

(c) Persistently unsatisfactory performance of an authorizer's portfolio of public charter schools, a pattern of well-founded complaints about the authorizer or its public charter schools, or other objective circumstances may trigger a special review by the board. In reviewing or evaluating the performance of authorizers the board shall apply nationally recognized principles and standards for quality charter authorizing. If at any time the board finds that an authorizer is not in compliance with an existing charter contract, its authorizing contract with the board, or the requirements of all authorizers under this chapter, the board shall notify the authorizer in writing of the identified problems, and the authorizer shall have reasonable opportunity to respond to and remedy the problems.

(d) If an authorizer persists, after due notice from the board, in violating a material provision of a charter contract or its authorizing contract with the board, or fails to remedy other identified authorizing problems, the board shall notify the authorizer, within a reasonable amount of time under the circumstances, that it intends to revoke the authorizer's chartering authority unless the authorizer demonstrates a timely and satisfactory remedy for the violation or deficiencies.

(e) In the event of revocation of any authorizer's chartering authority, the board shall manage the timely and orderly transfer of each charter contract held by that authorizer to another authorizer in the State, with the mutual agreement of each affected public charter school and proposed new authorizer. The new authorizer shall enter into a new charter contract with the charter school for the remainder of the charter term. [L 2012, c 130 pt of §2]
Haw. Rev. Stat. § 304A-2155 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2155
Library special fund.
Status: in_force

There is established a library special fund for the libraries of the University of Hawaii into which shall be deposited all fines, fees, and other revenue derived from the libraries' operations. Moneys deposited in this fund may be expended to replace or repair lost, damaged, stolen, or outdated books, serials, and periodicals or to support and improve the services provided by the libraries. The amounts allocated to each campus library from the special fund shall be proportionate to the amount of revenues generated by each library.
Haw. Rev. Stat. § 302A-1506 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1506
Public school facilities.
Status: in_force

The department may enter into such contracts, leases, lease-purchase agreements, or other transactions as may be necessary for the acquisition of public school facilities, including any lands for these facilities, on such terms as it may deem appropriate with the concurrence of the director of finance.
Haw. Rev. Stat. § 304A-1865 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1865
Medical cannabis testing and research programs; established.
Status: in_force

(a) To the extent permitted by federal and state law, and subject to applicable certification by the department of health, the University of Hawaii may establish medical cannabis testing and research programs that qualify as commercial enterprises of the university under section 304A-113 that provide services to state-approved medical cannabis dispensaries, including assessment of cannabis plant cannabinoid content and concentration, purity of manufactured cannabis products, or additional testing requested by the department of health. The university may assess fees or other charges for services. The fees and charges shall be fair and equitable with respect to the level and quality of services and commercially reasonable. In establishing or amending fees or charges for these services, the university shall be exempt from the requirements of chapter 91. The fees and charges may be established at an open meeting of the board of regents subject to chapter 92.

(b) The fees and charges collected pursuant to subsection (a) shall be deposited into the University of Hawaii commercial enterprises revolving fund established by section 304A-2251.

(c) To the extent permitted by federal and state law, and subject to applicable regulations, compliance standards, and protocols on research activity, the university may conduct research on the efficacy of medical cannabis use, its health outcomes and social impacts, and related safety issues.

(d) This section shall be construed to provide discretionary authority to the university, and nothing in this section shall require the university to engage in any activity that might jeopardize its eligibility to receive any form of state or federal assistance or benefit. [L 2016, c 230, §21; am L 2017, c 170, §2]

Revision Note

In subsection (a), "marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
Haw. Rev. Stat. § 304A-115 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-115
Depository of war records.
Status: in_force

The university is designated as the official depository of material, documents, photographs, and other data relating to Hawaii's part in the war between the United States and Germany, Japan, and Italy.

The university shall secure, collect, and preserve the necessary information, documents, pictures, and other data relating to Hawaii's part in the war. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-448 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-448
Schools; career pathways, academies, and programs; commercial enterprises.
Status: in_force

(a) Notwithstanding any law to the contrary, an individual department school or any career pathway, academy, or program operated within a school may engage in commercial enterprises that are related to the primary educational purposes of the school, career pathway, academy, or program as set forth in this chapter, including the sale of goods produced by or for an individual school, career pathway, academy, or program.

(b) Student interns engaging in commercial enterprises under subsection (a) shall be considered "employees of the State" for purposes of chapter 662.

(c) Revenues accrued and expenditures made by the department for the operation of commercial enterprises, including those relating to hiring of personnel; renovation of commercial space; and the purchase of merchandise, supplies, and equipment, shall be accrued and made without regard to chapters 76, 78, 89, 103, and 103D. Net profits generated pursuant to this section and section 302A-1903 may be used by the department in accordance with this chapter.

(d) The department may adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2018, c 169, §1; am L 2022, c 149, §2]
Haw. Rev. Stat. § 302A-1141.3 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1141.3
Use of seclusion, chemical restraint, or mechanical restraint prohibited.
Status: in_force

The use of seclusion, chemical restraint, or mechanical restraint shall be prohibited in public schools regardless of any consent of the student, parents, or guardians.
Haw. Rev. Stat. § 304A-3201.6 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3201.6
[ §304A-3201.
Status: in_force

[ §304A-3201.6] Hawaii western interstate commission for higher education. (a) There is established within the University of Hawaii for administrative purposes only the Hawaii western interstate commission for higher education comprised of the state commissioners to the Western Interstate Commission for Higher Education, established under Article III of the Western Regional Education Compact.

(b) The members of the Hawaii commission shall be the commissioners appointed by the governor to the Western Interstate Commission for Higher Education pursuant to section 304A-3204. The positions of the Hawaii commissioners shall be placed within the University of Hawaii for administrative purposes. [L 2012, c 137, pt of §1]
Haw. Rev. Stat. § 304A-2674 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2674
Revenue bonds; details, sale, legal investment.
Status: in_force

(a) Revenue bonds:

(1) Shall be issued in the name of the board;

(2) May bear interest at a rate payable at such time or times;

(3) May be issued in one or more series;

(4) May be in a denomination or denominations;

(5) May bear a date or dates;

(6) May mature at such time not exceeding fifty years from their respective dates;

(7) May be payable in a medium of payment and at a place within or without the State;

(8) May carry registration privileges;

(9) May be subject to terms and conditions of redemption or to tenders for purchase or to purchase prior to the stated maturity, at the option of the board or the holder;

(10) May contain terms, covenants, and conditions; and

(11) May be in any form and printed in any manner, including typewritten;

as the resolution authorizing the issuance of the revenue bonds may provide.

(b) The board may acquire policies of insurance and enter into banking arrangements upon any terms and conditions that the board deems appropriate, at the time of delivery of an issue of revenue bonds or at a later date that the board deems in the best interest of the university, including but not limited to contracting for a support facility under section 304A-2675, and contracting for interest rate swaps, swapations, interest rate floors, and other similar contracts to hedge or reduce the amount or duration of payment, rate, spread, or similar risk or to reduce the cost of borrowing when used in conjunction with revenue bonds issued pursuant to this subpart.

(c) The board may make appropriate arrangements for the sale of each issue of revenue bonds or part thereof as are issued pursuant to this subpart, including but not limited to arranging for the preparation and printing of the revenue bonds, the official statement, and any other documents or instruments deemed required for the issuance and sale of revenue bonds and retaining financial, accounting, and legal consultants, all upon terms and conditions as the board deems advisable and in the best interest of the State and the university. The board may offer the revenue bonds at competitive sale or may negotiate the sale of the revenue bonds to any person or group of persons, to the United States of America, or any board, agency, instrumentality, or corporation thereof, to the employees’ retirement system of the State, to any political subdivision of the State, or to any board, agency, instrumentality, public corporation, or other governmental organization of the State or of any political subdivision of the State.

The sale of the revenue bonds by the board by negotiation shall be at the price and upon the terms and conditions, and the revenue bonds shall bear interest at the rate or varying rates determined from time to time in the manner, as approved by the board.

The sale of the revenue bonds by the board at competitive sale shall be at the price and upon terms and conditions, and the revenue bonds shall bear interest at the rate or rates or varying rates determined from time to time in the manner as specified by the successful bidder. The revenue bonds shall be sold in the manner provided in section 39-55.

(d) The board may delegate the responsibility for the sale and the fixing of the terms and details of revenue bonds and such other determinations or actions, as may be provided by resolution of the board, to the chairman, the president, or another designated officer.

(e) The purpose of this subsection is to authorize any person, firm, corporation, association, political subdivision, body, or officer, public or private, to use any funds owned or controlled by them, including sinking, insurance, investment, retirement, compensation, pension, trust funds, and funds held on deposit, for the purchase of any revenue bonds issued under this subpart. All public officers and bodies of the State, all political subdivisions, all insurance companies and associations, all banks, savings banks, and savings institutions, including building or savings and loan associations, all credit unions, all trust companies, all personal representatives, guardians, trustees, and all other persons and fiduciaries in the State who are regulated by law as to the character of their investment, may legally invest funds within their control and available for investment in revenue bonds issued under this subpart. [L 2007, c 161, pt of §1]
Haw. Rev. Stat. § 302A-484 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-484
Transfer by the department of education.
Status: in_force

The department of education may transfer a minor to the minor's home school if the minor has been enrolled in a school based on an invalid caregiver affidavit.
Haw. Rev. Stat. § 302A-1705 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1705
Use of public lands; acquisition of state lands.
Status: in_force

(a) If state lands, other than public lands, under the control and management of another department or agency are required by the authority for purposes of this chapter, the department or agency having control and management of the required lands, upon a request by the authority and with the approval of the governor, shall convey title or lease those lands to the authority upon terms and conditions as may be agreed to by the parties; provided that at the request of the authority, the department shall transfer any land to which it holds title to the authority.

(b) If public land set aside to a department or agency pursuant to section 171-11 is required by the authority for purposes of this chapter, the authority shall submit a request to the governor to withdraw the set-aside land and to re-set aside the land to the authority pursuant to section 171-11.

(c) Notwithstanding the foregoing and section 302A-1703(c), no lands shall be conveyed or leased to the authority as provided in this section if the conveyance or lease would impair any covenant between the State or any county or any department or board thereof and the holders of bonds issued by the State or county, department, or board.

(d) When public lands transferred to the authority are no longer needed for school facilities purposes, title to those lands shall be transferred to the department of land and natural resources and the lands shall be reclassified as public lands. [L 2020, c 72, pt of §1; am L 2021, c 217, §2 ; am L 2025, c 21, §9]
Haw. Rev. Stat. § 302A-604 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-604
Complex area superintendents.
Status: in_force

The superintendent of education, with the approval of the board, shall appoint complex area superintendents for schools. The complex area superintendents shall supervise the delivery of administrative and instructional support services within their respective complex areas, including:

(1) Personnel, fiscal, and facilities support;

(2) Monitoring of compliance with applicable state and federal laws;

(3) Curriculum development, student assessment, and staff development services; and

(4) Special education programs and special schools within the complex area. [L 1996, c 89, pt of §2; am L 2003, c 187, §7; am L 2012, c 133, §11]
Haw. Rev. Stat. § 304A-2259 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2259
Renumbered as §304A-2175.
Status: in_force

§304A-2259 Renumbered as §304A-2175.
Haw. Rev. Stat. § 304A-3206 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3206
Placement of students.
Status: in_force

The Western Interstate Commission for Higher Education is authorized to act on behalf of this State in making arrangements for the placement of students in institutions and programs of higher learning outside the states which are parties to the compact establishing the commission. For that purpose, the commission may negotiate and enter into arrangements and contracts with this State or any appropriate agency thereof, with public and private educational institutions and agencies, and with states and other governmental entities. Such arrangements and contracts may provide for:

(1) The obtaining of one or more places for students on either a special or continuing basis;

(2) The payment of partial or full tuition and other charges; and

(3) The furnishing of reciprocal, compensating, or other advantages and benefits in support of the educational program involved. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 305J- — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-
18] Fees; public hearing.
Status: in_force

(a) A n institution applying for authorization shall pay $ 10,000 to the department upon application for authorization under this chapter and every two years thereafter upon application for reauthorization.

(b) T he director may assess fees as provided in this chapter and, notwithstanding any other law to the contrary, may change the amount of the fees required by this section at any time without regard to chapter 91, if the director :

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

(2) Provides public notice at least thirty days prior to the date of the public hearing.

( c ) Fees collected pursuant to this section shall be deposited into the post-secondary education authorization subaccount established pursuant to section 26-9(o). [L 2013, c 180, pt of §2](a) All moneys collected pursuant to section 305J- 18 shall be deposited into the post-secondary education authorization special subaccount of the compliance resolution fund established pursuant to section 26-9(o).

(b) Any law to the contrary notwithstanding, the moneys in the special subaccount shall be used to fund the operations of the department to carry out its duties under this chapter . Any law to the contrary notwithstanding, the director may use the moneys in the special subaccount to employ personnel to carry out the department's duties under this chapter. The moneys in the special subaccount may be used to train personnel as the director deems necessary and for any other activity related to this chapter. [L 2013, c 180, pt of §2](a) A student or former student of the University of Hawaii system, a private college or university, seminary, or religious training institution may file a complaint with the department concerning the institution at which the student is or was enrolled; provided that if a former student files a complaint, the complaint shall be filed within two years after the former student discontinued enrollment at the institution ; provided that the two year restriction on complaints shall not apply to complaints related to obtaining transcripts.

(b) The department may investigate complaints based on possible violations of this chapter or rules adopted hereunder . The department may initiate and investigate complaints based on information the department receives concerning possible violations of this chapter or rules adopted hereunder.

(c) Nothing in this section shall give the department jurisdiction to consider complaints that infringe on the academic or religious freedom of, or question the curriculum content of, a private college or university, seminary, or religious training institution.

(d) Upon receipt of a complaint pursuant to [ subsection ] (a) or (b) , the department shall determine whether the complaint was properly filed. The complaint shall warrant investigation only after the student or former student has exhausted all administrative remedies available at the University of Hawaii system, private college or university, seminary, or religious training institution ; provided that if the complaint involves a violation of state or federal criminal law, this requirement shall not apply. If a complaint warrants investigation, the department shall forward the complaint to the University of Hawaii system, private college or university, seminary, or religious training institution. The University of Hawaii system, private college or university, seminary, or religious training institution shall have thirty days to respond in writing to the complaint. During the thirty - day period, the University of Hawaii system, private college or university, seminary, or religious training institution, with the department's assistance, may attempt to resolve the complaint with the student. If the department determines at any time that the complaint no longer warrants investigation, the department shall dismiss the complaint.

(e) If a complaint is not resolved within the thirty - day period, the department may:

(1) Dismiss the complaint based on the response of the University of Hawaii system, private college or university, seminary, or religious training institution;

(2) Investigate and, where appropriate, take disciplinary action in a manner consistent with chapter 91. [L 2013, c 180, pt of §2](a) A student or enrollee, or a parent or legal guardian of the student or enrollee, who claims loss of tuition or fees as a result of cessation of operations may file a claim with the department if the claim results from an act or practice that violates a provision of this chapter. C laims that are filed with the department shall be public records and subject to the provisions of chapter 92F; provided that the department shall not make the records public if the release would violate a federal privacy law.

( b ) If a private college or university ceases operation, the director may make demand on the surety bond upon the demand for a refund by a student or the parent or legal guardian of a student or the implementation of alternat ive enrollment for the students enrolled in the institution, and the principal on the surety bond filed pursuant to section 305J-14(d) shall pay the claim due in a timely manner. To the extent practicable, the director shall use the amount of the surety bond to provide alterna tive enrollment for students of the institution that ceases operation through a contract with another authorized private college or university, the University of Hawaii system, an area vocational school, or any other arrangement that is acceptable to the department. The alternat ive enrollment provided to a student shall replace the original enrollment agreement, if any, between the student and the private college or university; provided that the student shall make tuition and fee payments as required by the original enrollment agreement, if any.

( c ) A student who is enrolled in a private college or university that ceases operation and who declines the alternat ive enrollment required to be offered pursuant to subsection ( b ) may file a claim with the department for the student's prorated share of the prepaid, unearned tuition and fees that the student paid, subject to the limitations of subsection ( d ). The department shall not make a subsequent payment to a student , unless the student submits proof of satisfaction of any prior debt to a financial institution in accordance with rules adopted by the director .

( d ) If the amount of the surety bond filed under section 305J-14(d) is less than the total prepaid, unearned tuition and fees that have been paid by students at the time that the private college or university ceases operation, the department shall prorate the amount of the surety bond among the students.

( e ) This section shall apply only to those students enrolled in the private college or university at the time it ceases operation , and once a private college or university ceases operation, no new students shall be enrolled therein.

( f ) The director shall determine whether offering alternat ive enrollment for students enrolled in an authorized private college or university that ceases operation is practicable without the federal government 's designation of the department as trustee for student loans, Pell grants, and other student financial aid assistance.

( g ) If a private college or university ceases to operate in the State, the department of the attorney general may file a claim against the private college or university to recover restitution for the enrolled students of the private college or university .

( h ) A seminary or religious training institution shall not be subject to the requirements of this section. [L 2013, c 180, pt of §2]The director may enter into any post-secondary education authorization reciprocity agreement; provided that the authorization standards of the reciprocity agreement shall be comparable to or exceed the authorization requirements of this chapter and any applicable administrative rules.(a) In addition to any other acts or conditions provided by law, the director may refuse to reauthorize, reinstate or restore, or may deny, revoke, suspend, or condition in any manner, including but not limited to placement on probation, any authorization for any one or more of the following acts or conditions on the part of the institution or applicant:

(1) Failure to meet or maintain the conditions and requirements necessary to qualify for or maintain an authorization;

(2) Failure to maintain accreditation as required by this chapter;

(3) Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements;

(4) Procuring an authorization, reauthorization, or certification through fraud, misrepresentation, material omission, or deceit;

(5) Misconduct, incompetence, gross negligence, or manifest incapacity in the operation of the institution;

(6) Revocation, suspension, deauthorization, or other disciplinary action by another state or federal agency against an institution or applicant for any reason provided by this chapter or rules adopted hereunder;

(7) Criminal conviction, whether by nolo contendere or otherwise, of a penal crime directly related to the qualifications, functions, or duties of the institution or applicant in any jurisdiction in which the institution operates;

(8) Failure to report in writing to the department any disciplinary decision issued against the institution or the applicant in another jurisdiction within thirty days of the disciplinary decision;

(9) Failure to report in writing to the department any change in accreditation status by any accrediting agency;

(10) Failure to demonstrate or maintain a record of financial integrity; or

(11) Violating any provision of this chapter or rules adopted hereunder.

( b ) It shall be a violation of this chapter for a private college or university, seminary, or religious training institution or its agent to:

(1) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering of educational services if the private college or university, seminary, or religious training institution or its agent knows or reasonably should have known the statement or representation to be false, inaccurate, or materially misleading;

(2) Falsely represent or deceptively conceal, directly or by implication, through the use of a trade or business name, the fact that the institution is a private college or university, seminary, or religious training institution;

(3) Adopt a name, trade name, or trademark that represents falsely, directly or by implication, the quality, scope, nature, size, or integrity of the private college or university, seminary, or religious training institution or its educational services;

(4) Intentionally and materially represent falsely, directly or by implication, that students who successfully complete a course or program of instruction may transfer the credits earned to any institution of higher education;

(5) Intentionally and materially represent falsely, directly or by implication, in its promotional materials or in any other manner:

(A) Its size, location, facilities, or equipment;

(B) The number, educational experience, or qualifications of its faculty;

(C) The extent or nature of any approval received from any state agency; or

(D) The extent or nature of any accreditation received from any accrediting agency, body, or association;

(6) Provide prospective students with testimonials, endorsements, or other information that has the tendency to mislead or deceive prospective students or the public regarding its current practices;

(7) Designate or refer to its sales representatives by titles that imply that the sales representatives have training in academic counseling or advising if they do not; and

(8) Represent, directly or by implication, that it is authorized by the State or approved or accredited by an accrediting agency or body when it has not been authorized, approved, or accredited.

( c ) Any private college or university, seminary, or religious training institution or its agent that violates this chapter may be subject to one or more of the following sanctions:

(1) A fine equal to a sum of not less than $500 or more than $10,000 for each violation. The penalties provided in this subsection are cumulative to the remedies or penalties available under all other laws of this State. Each day that a violation occurs shall be considered a separate violation;

(2) An order directing corrective action on the part of the institution;

(3) An order of restitution to one or more affected students;

(4) Revocation, suspension, probation, or conditions on the institution's authorization;

(5) An order relating to cessation of operations or alternate enrollment; or

(6) The payment of costs of investigation and legal action, irrespective of the outcome. [L 2013, c 180, pt of §2]
Haw. Rev. Stat. § 302A-1154 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1154
Immunization upon attending school; tuberculosis clearance.
Status: in_force

(a) No child shall attend any school in the State unless the child presents to the appropriate school official documentation satisfactory to the department of health that the child has received immunizations against communicable diseases as required by the department of health.

(b) No child shall attend any school for the first time in the State unless the child presents to the appropriate school official documentation satisfactory to the department of health that the child has been examined and tested according to the rules of the department and law and is free from tuberculosis in a communicable form. [L 1996, c 89, pt of §2; am L 1998, c 60, §1; am L 2000, c 109, §1; am L 2014, c 16, §3 and c 232, §11; am L 2017, c 94, §3]
Haw. Rev. Stat. § 312-11 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-11
[ §312-11] Pilot program for lease of public library land.
Status: in_force

[ §312-11] Pilot program for lease of public library land. (a) There shall be established a pilot program for the lease of public library land, including facilities. The state librarian, in consultation with the board of education and any other appropriate agency, shall serve as the facilitator of the pilot program.

(b) Notwithstanding section 171-11 or any other law to the contrary, the board of education may lease public library land without review by or approval of the board of land and natural resources on terms it deems appropriate, including a leaseback of all or a portion of the improvements constructed; provided that:

(1) In consultation with the state librarian, the board may identify and select up to five public library land sites as candidates for participation in the pilot program; provided that:

(A) Any library site with outstanding general obligation bond debt shall be excluded from consideration as a candidate for participation in the pilot program; and

(B) If the site is on land owned by a county, the department of education shall consult with the county;

(2) The board of education may lease no more than three public library land sites identified and selected by the board pursuant to paragraph (1) under leases for a term of not more than ninety-nine years per lease, unless extended pursuant to section 171-36, to lessees who may be required to modify, construct, or utilize facilities to meet the mission of the public libraries, in accordance with specific request for proposal or request for information guidelines;

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

(A) The lessee shall be obligated to maintain and operate the facilities to meet the mission of the public libraries for the length of the lease;

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

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

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

(E) All revenues and proceeds derived by the State under this section shall be deposited in the library facilities fund pursuant to subsection (f); and

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

(c) Any redevelopment involving nonlibrary purposes shall:

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

(2) Acquire all required government approvals and permits.

(d) Nothing in this section shall preclude the state librarian or the board of education from working with and receiving assistance from any other department or agency in carrying out the purposes of this section.

(e) Any lease entered into by the board pursuant to subsection (b) shall be fully executed no later than ten years from July 1, 2019.

(f) There is established in the state treasury the library facilities fund. All proceeds from the leases, permits, interest income generated from public library lands, and other revenue generated from the nonpermanent disposition of public library lands, including facilities, pursuant to this section shall be deposited into the library facilities fund. Except as otherwise provided by law, all moneys in the library facilities fund shall be used for state library programs. [L 2019, c 285, §1]
Haw. Rev. Stat. § 304A-110 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-110
Indemnification.
Status: in_force

(a) Notwithstanding any other law to the contrary, the board of regents may agree in writing to an indemnity provision by which the university agrees to indemnify, defend, and hold harmless any person, corporation, or entity that sponsors research at the university when all of the following conditions are satisfied:

(1) The person, corporation, or entity requires an indemnity in writing as a condition for providing a grant, benefit, service, or interest in or right to use property;

(2) The president, or the president's designee, following a favorable review by the university general counsel or the counsel's designee, approves the proposed indemnification; and

(3) The chief financial officer, pursuant to section 304A‑108, has obtained an insurance policy or policies in an amount sufficient to cover the liability of the university that may be reasonably anticipated to arise under the indemnity provision or has determined that it is not in the best interest of the university to obtain insurance.

(b) Nothing in this section shall be construed to expand the scope of liability of the university beyond that set forth in chapters 661 and 662.

(c) Nothing in this section shall be construed to waive the immunity of the university from suit in federal courts guaranteed by the Eleventh Amendment to the United States Constitution. An indemnity provision not in strict compliance with this section shall not give rise to a claim against the university under this chapter or chapter 661 or otherwise waive the university's sovereign immunity. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-3004 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3004
Research vessel safety requirements.
Status: in_force

Notwithstanding any law to the contrary, prior to the charter or use of any research or other oceangoing vessel by the research corporation or any agent thereof, the research corporation shall ensure that the vessel meets the research vessel standards recommended by the guidelines of the university national oceanographic laboratory systems.
Haw. Rev. Stat. § 312-8 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-8
Literacy and lifelong learning program.
Status: in_force

(a) In addition to its other duties, the board of education, through the state librarian, shall:

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

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

(3) Develop public-private sector literacy partnerships for literacy program support.

(b) The objectives of the literacy and lifelong learning program shall be to provide programmatic activities that promote intergenerational learning and well-being by improving parents' skills and attitudes toward education; increasing children's learning skills; enhancing parenting skills; and uniting adults and children in positive educational experiences.

(c) The literacy and lifelong learning program shall not affect existing department of education programs relating to adult education as provided under sections 302A-432 to 302A-435. [L 1993, c 361, pt of §1; am L 1996, c 89, §13; am L 1997, c 310, §1; am L 2001, c 109, §1]
Haw. Rev. Stat. § 302A-832 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-832
Teachers' housing program; administration.
Status: in_force

(a) The department shall administer the teachers' housing program under this subpart. The department shall:

(1) Administer the teachers' housing revolving fund under section 302A-833;

(2) Provide annual statements under section 302A-834;

(3) Conduct annual reviews of units under section 302A-835; and

(4) Perform any other duty necessary to effectuate this subpart.

(b) The department may adopt rules pursuant to chapter 91 to effectuate this subpart. [L 2005, c 204, pt of §1]
Haw. Rev. Stat. § 312-9 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-9
§§312-9 and 312-10 REPEALED.
Status: repealed

§§312-9 and 312-10 REPEALED. L 2001, c 109, §§2, 3.
Haw. Rev. Stat. § 312-22 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-22
Library fee for enhanced services special fund.
Status: in_force

(a) There is established in the state treasury the library fee for enhanced services special fund into which shall be deposited all moneys collected pursuant to section 312-21 and any fee schedules adopted pursuant thereto.

(b) The special fund shall be administered by the state librarian who shall determine the annual amount that each public library shall receive. Allocations shall be based on the balance in the special fund on the first day of each fiscal year and made in quarterly installments not more than thirty days after the close of each fiscal quarter.

(c) Moneys allocated from the special fund shall be used by each community, school, or public library to operate its fee for enhanced services program. Each library shall post in a conspicuous place a list of expenditures made by the library from the special fund during the preceding fiscal quarter.

(d) The state librarian shall submit an annual report on the status of the special fund. The report shall include information about:

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

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

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

(4) The balance remaining in the fund on June 30 of each year;

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

(6) Actual expenditure of receipts by individual libraries.

The report shall be submitted to the legislature and the governor not later than twenty days prior to the convening of each regular session. [L 1993, c 327, pt of §1; am L 1999, c 45, §2; am L 2018, c 171, §6]
Haw. Rev. Stat. § 304A-3203 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3203
Execution.
Status: in_force

The governor shall execute the compact on behalf of this State and perform any other acts that may be deemed requisite to its formal ratification and promulgation.
Haw. Rev. Stat. § 302D-41 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-41
[ §302D-41] Industry-recognized credentials; career development success program.
Status: in_force

[ §302D-41] Industry-recognized credentials; career development success program. (a) There is established by the commission a career development success program to provide financial incentives for participating public charter schools to encourage students enrolled in grades nine through twelve in public charter schools to enroll in and successfully complete qualified industry-credential programs.

(b) Beginning with the 2022-2023 fiscal year, each participating school may receive up to $1,000 for each pupil who, in the preceding fiscal year, successfully completes a qualified industry-credential program. The funds shall be distributed to participating schools as provided in subsections (e) and (f).

(c) Each participating school may decide annually whether to participate in the career development success program.

(d) The commission shall create a process with a deadline for participating schools to report student credential attainment.

(e) For each fiscal year, the commission shall distribute to each participating school an amount equal to $1,000 multiplied by the number of pupils reported by the participating school as successfully earning an industry certificate by completing a qualified industry-credential program; provided that a participating school shall not receive a distribution for more than ten per cent of the total number of completed industry certificates reported by all participating schools.

(f) For each fiscal year, the commission shall distribute funds in the following order until all funds are disbursed:

(1) Based on the order received by the commission, funds shall be distributed first to participating schools for all who attained Advanced Credentials;

(2) Based on the order received by the commission, funds shall be distributed to participating schools for all who attained Door Opener Credentials;

(3) Based on the order received by the commission, funds shall be distributed to participating schools for all who attained Springboard Credentials;

(4) Based on the order received by the commission, funds shall be distributed to participating schools for all who attained Foundational Credentials; and

(5) Any remaining funds shall be deposited into the general fund.

(g) Each participating school shall regularly communicate to all students in grades nine through twelve the availability of qualified industry-credential programs and the benefits a student receives as a result of successfully completing one of the programs or courses. The participating school shall design the communications to students with the goal of increasing participation in the qualified industry-credential programs and courses across all student subgroups.

(h) As used in this section:

"Advanced Credentials" means credentials that signal proficiency in industry-specific skills for priority occupations that may also require a bachelor's degree, as determined by the department.

"Door Opener Credentials" means credentials that signal proficiency in industry-specific skills for priority occupations that require some post-secondary education, including certificates and associate degrees, as determined by the department.

"Foundational Credentials" means credentials that prepare learners with essential knowledge and skills for a range of priority occupations, including workplace safety, as determined by the department.

"Participating school" means a public charter school that chooses to participate in the career development success program established pursuant to this section.

"Qualified industry-credential program" means a program that is recognized by the department as offering students the opportunity to attain a high-value industry credential.

"Springboard Credentials" means credentials that signal proficiency in industry-specific skills for priority occupations that often do not require a postsecondary certificate or degree, as determined by the department. [L 2022, c 143, §3]
Haw. Rev. Stat. § 302A-497 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-497
Educational information.
Status: in_force

The agent for the power of attorney for special education or educational representative is authorized to make educational decisions for a student and has the same rights as the student to request, receive, examine, copy, and consent to the disclosure of the individualized education plan or any other educational records.
Haw. Rev. Stat. § 302A-805.6 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-805.6
Efforts related to teacher quality.
Status: in_force

(a) The board may participate in efforts relating to issues affecting teacher quality. The board may conduct professional development activities related to its standards, and shall promote and support high teacher standards and accomplished teaching through means deemed appropriate by the board.

(b) To remain current with trends and issues in teacher licensure systems, beginning teacher programs, the assessment of teaching skills, teacher development, and other related topics, the board shall participate in programs and attend conferences and training that address these topics. The board may conduct research and development activities for the purpose of staying abreast of or better understanding these trends and issues. [L 2001, c 312, pt of §2]
Haw. Rev. Stat. § 304A-2262 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2262
Renumbered as §304A-2177.
Status: in_force

§304A-2262 Renumbered as §304A-2177.
Haw. Rev. Stat. § 302A-1707 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1707
Annual report.
Status: in_force

At least twenty days prior to the convening of each regular session, the authority shall submit to the governor, board of education, and legislature, a complete and detailed report of its activities during the prior fiscal year.
Haw. Rev. Stat. § 304A-2688 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2688
Limitation of authority.
Status: in_force

Notwithstanding any law to the contrary, nothing in this subpart shall be construed to authorize the board to incur any indebtedness contrary to the state constitution or to incur any indebtedness that would be required to be included in the calculation of the total indebtedness of the State.
Haw. Rev. Stat. § 302A-412 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-412
Blind or visually handicapped concessionaires.
Status: in_force

(a) Each secondary public school, upon the approval of the principal, may allow on the premises vending machines operated as a concession; provided that the concession shall be operated only by a blind or visually handicapped person, as defined in sections 235-1, 347-1, and 347-2. The location and operation of the vending machines and the items dispensed shall be approved by the principal.

(b) The concession shall be awarded and operated under chapter 102; provided that the selection of a concessionaire shall be in accordance with departmental guidelines and shall take into consideration the price of the items sold and any revenue-sharing arrangement made with school-related program organizations. [L 1996, c 89, pt of §2; am L 2003, c 187, §5; am L 2012, c 133, §7]
Haw. Rev. Stat. § 302A-1143 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1143
Attending school in what service area.
Status: in_force

A person of school age shall be required to attend the school of the service area, as determined by the department, in which the person resides, unless:

(1) The person is enrolled in a Hawaiian language medium education program or charter school;

(2) A geographic exception to attend a school in another service area is requested and granted at the discretion of the department;

(3) Out-of-service-area attendance is mandated by the department or by federal law; or

(4) The person is enrolled in a career and technical education program under section 302A-1143.5. [L 1996, c 89, pt of §2; am L 2004, c 133, §5; am L 2012, c 133, §20; am L 2021, c 157, §4]
Haw. Rev. Stat. § 302L-1.7 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-1.7
Early learning programs.
Status: in_force

(a) There is established a program within the office to expand access to affordable and high-quality early learning for children from low-income families who are not otherwise eligible for kindergarten, by allowing early learning programs to be established on public school campuses and other available public buildings through public-private partnerships.

(b) The office shall work collaboratively with other applicable public agencies to contract with early learning programs statewide. The office and other applicable public agencies shall coordinate site selection for additional early learning programs on public school sites and other available public buildings, with priority given to sites located in areas with limited access to early learning programs and services. [L 2012, c 178, pt of §2; am L 2017, c 202, §5; am L 2024, c 152, §3]
Haw. Rev. Stat. § 302A-1164 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1164
Self-administration of medication by student and emergency administration; self-testing and self-management of diabetes by student; assistance with di
Status: in_force

§302A-1164 Self-administration of medication by student and emergency administration; self-testing and self-management of diabetes by student; assistance with diabetes testing; blood glucose monitoring by student; assistance with blood glucose monitoring; permitted. (a) The department shall permit:

(1) The self-administration of:

(A) Medication by a student for asthma, anaphylaxis, diabetes, or other potentially life‑threatening illnesses; and

(B) Blood glucose monitoring by a student; and

(2) Department employees and agents to volunteer to administer:

(A) Insulin or assist a student in administering insulin via the insulin delivery system that the student uses;

(B) Glucagon in an emergency situation to students with diabetes;

(C) Auto-injectable epinephrine in an emergency situation to students with anaphylaxis; or

(D) Blood glucose monitoring or assist a student with blood glucose monitoring.

(b) The student's parent or guardian shall provide the department with:

(1) Written authorization for the self-administration of medication or the emergency administration of glucagon or auto-injectable epinephrine;

(2) In the case of self‑administration of medication:

(A) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student with diabetes may perform the student's own blood glucose checks, administer insulin through the student's insulin delivery system, and otherwise attend to the care and management of the student's diabetes during any school-related activity, and that the student may possess on the student's person all necessary supplies and equipment to perform the diabetes monitoring and treatment activities, if applicable; and

(B) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student:

(i) Has asthma, anaphylaxis, or another potentially life-threatening illness; and

(ii) Is capable of, and has been instructed in, the proper method of self-administration of medication or blood glucose monitoring; and

(3) In the case of administration of insulin or emergency administration of glucagon to a student with diabetes, blood glucose monitoring of a student, or auto-injectable epinephrine to a student with anaphylaxis, written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student has medical orders that insulin, glucagon, blood glucose monitoring, or auto-injectable epinephrine may be administered by a volunteer.

(c) The department shall inform the student's parent or guardian in writing that the department and its employees or agents shall not incur any liability as a result of any injury arising from compliance with this section.

(d) The student's parent or guardian shall sign a statement acknowledging that:

(1) The department and its employees or agents shall not incur any liability as a result of any injury arising from compliance with this section; and

(2) The parent or guardian shall indemnify and hold harmless the department and its employees or agents against any claims arising out of compliance with this section.

(e) The permission shall be effective for the school year for which it is granted and shall be renewed for each subsequent school year upon the fulfillment of the requirements in this section.

(f) Notwithstanding any other law to the contrary, a student who is permitted to self-administer medication under this section shall be permitted to carry an inhaler or auto‑injectable epinephrine, or both, at all times if the student does not endanger the student's person or other persons through the misuse of the inhaler; provided that the department, its employees or agents may confiscate a student's medication, inhaler, or auto-injectable epinephrine if the student's self‑administration of the medication exceeds the student's prescribed dosage, or if the student endangers others with the student's medication, inhaler, or auto-injectable epinephrine.

For the purposes of this section, the term "inhaler" includes:

(1) Metered-dose, breath-actuated, and dry powder inhalers; and

(2) Spacers and holding chambers.

(g) Any employee or agent who volunteers to administer insulin or glucagon in an emergency situation to a student with diabetes or auto-injectable epinephrine to a student with anaphylaxis or who volunteers to administer or assist a student with blood glucose monitoring shall receive instruction in the proper administration of insulin, glucagon, auto-injectable epinephrine, or blood glucose monitoring by a qualified health care professional. A "qualified health care professional" means a licensed physician, physician assistant, advanced practice registered nurse or registered nurse, or certified diabetes educator. The student's parent or guardian shall supply the school with the glucagon kit required to administer the glucagon, any supplies necessary to administer insulin, blood glucose monitoring, or with auto-injectable epinephrine supplies to administer epinephrine. The school shall store the glucagon kit, insulin supplies, blood glucose monitoring supplies, or auto-injectable epinephrine supplies in a secure but accessible location.

(h) Any person, except for a qualified health care professional providing the training required in subsection (g), who acts in accordance with the requirements of this section shall be immune from any civil or criminal liability arising from these acts, except where the person's conduct would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct. [L 2004, c 19, §1; am L 2005, c 207, §1; am L 2009, c 151, §10; am L 2015, c 214, §1; am L 2016, c 10, §1]
Haw. Rev. Stat. § 302D-13 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-13
Start-up and conversion charter schools; establishment.
Status: in_force

(a) New start-up and conversion charter schools may be established pursuant to this section.

(b) Any community, department school, school community council, group of teachers, group of teachers and administrators, or nonprofit organization may establish an applicant governing board and develop a charter application pursuant to this section; provided that:

(1) An applicant governing board established by a community may develop a charter application for a start-up charter school;

(2) An applicant governing board established by a department school or a school community council may develop a charter application for a conversion charter school;

(3) An applicant governing board established by a group of teachers or a group of administrators may develop a charter application for a start-up or conversion charter school; and

(4) A nonprofit organization may:

(A) Establish an applicant governing board that is separate from the nonprofit organization and develop a charter application for a start-up or conversion charter school; or

(B) Establish an applicant governing board that shall be the board of directors of the nonprofit organization and may develop a charter application for a conversion charter school; provided that any nonprofit organization that seeks to manage and operate a conversion charter school shall:

(i) Submit to the authorizer at the time of the charter application bylaws or policies that describe the manner in which business is conducted and policies that relate to the management of potential conflict of interest situations;

(ii) Have experience in the management and operation of public or private schools or, to the extent necessary, agree to obtain appropriate services from another entity or entities possessing such experience;

(iii) Not interfere in the operations of the department school to be converted until otherwise authorized by the authorizer in consultation with the department; and

(iv) Have the same protections that are afforded to all other governing boards in its role as the conversion charter school governing board.

(c) The charter school application process and schedule shall be determined by the authorizer, and shall provide for and include, at a minimum, the following elements:

(1) The issuance and publication of an application process by the authorizer on the authorizer's internet website that, at a minimum:

(A) Solicits charter applications and presents the authorizer's strategic vision for chartering;

(B) Includes or directs applicant governing boards to the performance framework developed by the authorizer in accordance with section 302D-16;

(C) Includes criteria that will guide the authorizer's decision to approve or deny a charter application;

(D) States clear, appropriately detailed questions and provides guidelines concerning the format and content essential for applicant governing boards to demonstrate the capacities necessary to establish and operate a successful charter school; and

(E) Requires charter applications to provide or describe all essential elements, as determined by the authorizer, of proposed school plans;

(2) The timely submission of a completed charter application to the authorizer; provided that a charter application for a conversion charter school shall include certification and documentation that the charter application was approved by a majority of the votes cast by existing administrative, support, and teacher personnel, and parents of students at the existing department school; provided that:

(A) This vote shall be considered by the authorizer to be the primary indication of the existing administrative, support, and teaching personnel, and parents' approval to convert to a charter school;

(B) The balance of stakeholders represented in the vote and the extent of support received in support of the conversion shall be key factors, along with the applicant's proposed plans, to be considered by the authorizer when deciding whether to award a charter; and

(C) A breakdown of the number of administrative, support, and teaching personnel, and parents of students who constitute the existing department school and the number who actually participated in the vote shall be provided to the authorizer;

(3) The timely review of the charter application by the authorizer for completeness, and notification by the authorizer to the applicant governing board that the charter application is complete or, if the authorizer determines that the application is incomplete, notification by the authorizer to the applicant governing board that the application is incomplete, providing a detailed listing of any missing elements of the application, and providing a reasonable opportunity for the applicant governing board to cure any deficiency within the application period;

(4) Upon receipt of a completed charter application, the review and evaluation of the charter application by qualified persons including but not limited to:

(A) An in-person interview with representatives from the applicant governing board; and

(B) An opportunity in a public forum for the public to provide input on each charter application;

(5) Following the review and evaluation of a charter application, approval or denial of the charter application by the authorizer in a meeting open to the public and subsequent written notice to the applicant; provided that in the event of a denial, the notice shall provide specific information to the applicant on the applicant's right to appeal the decision to the board, including but not limited to the number of days by which the applicant shall file an appeal with the board and where to file an appeal;

(6) A provision for a final date by which a written decision to approve or deny a charter application shall be made by the authorizer to the applicant, upon receipt of a complete charter application; and

(7) A provision that no charter school may begin operation before obtaining authorizer approval of its charter application and charter contract and fulfilling pre-opening requirements that may be imposed by the authorizer, pursuant to section 302D-14.5.

(d) A charter application to become a start-up or conversion charter school shall meet the requirements of this subsection, section 302D-25, and any other requirements set by the authorizer. The charter application shall, at a minimum:

(1) Include plans for a charter school that are likely to satisfactorily meet the academic, financial, organizational, and operational performance indicators, measures, and metrics set forth in the authorizer's performance framework, pursuant to section 302D-16;

(2) Include plans for a charter school that is in compliance with applicable laws; and

(3) Recognize the interests of the general public.

(e) In reviewing a charter application under this section, an authorizer shall take into consideration the constitution of the applicant governing board, terms of applicant governing board members, and the process by which applicant governing board members were selected.

(f) In reviewing charter applications under this section, an authorizer shall develop a schedule to approve or deny a charter application by the end of the calendar year before the opening year of the proposed charter school for purposes of meeting any deadlines to request funding from the legislature; provided that nothing in this section shall be construed as requiring an authorizer to accept and review charter applications annually.

(g) If a conflict between the provisions in this section and other provisions in this chapter occurs, this section shall control. [L 2012, c 130, pt of §2; am L 2013, c 159, §8; am L 2014, c 99, §9; am L 2015, c 114, §5; am L 2016, c 113, §3; am L 2021, c 167, §2]
Haw. Rev. Stat. § 302A-1004 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1004
Educational accountability system; annual reports.
Status: in_force

(a) The department shall implement a comprehensive system of educational accountability to motivate and support the improved performance of students and the education system. Data shall be reported as required by this section when the number of students in a particular data subgroup is greater than ten and shall be redacted when the number of students in a particular data subgroup is ten or fewer; provided that the personally identifiable information of each student shall be kept private. This accountability system shall:

(1) Include student accountability; school or collective accountability; individual professional accountability for teachers, principals, and other employees; and public accounting to parents, community members, businesses, higher education, media, and political leadership;

(2) Link authority and resources to responsibility;

(3) Define clear roles for all parties and lines of responsibility and mutual obligation and develop a collaborative process with stakeholders, including representatives of appropriate bargaining units, parents, administration, and students;

(4) Assess and track measures of academic achievement, safety and well-being, and civic responsibility of individual students at selected grade levels, and annually report trend data from the past three years on these measures;

(5) Invoke a full and balanced set of appropriate consequences for observed performance, including rewards and recognition for those schools that meet or exceed their goals, assistance to those that fall short, and sanctions for those that, given adequate assistance and ample time, continue to fail to meet goals;

(6) Involve an annual statewide assessment program that provides a report card containing trend data from the past three years on school, school complex, and system performance at selected benchmark grade levels with performance indicators in areas relating to student achievement, safety and well-being, and civic responsibility. These performance indicators shall include but not be limited to:

(A) Student performance relative to statewide content and performance standards;

(B) School attendance and dropout rates; and

(C) Student discipline, seclusion, and restraint information, in total and by unduplicated counts, disaggregated by subgroups consisting of race, including by Asian subgroup; ethnicity; national origin; gender; sex; English learner status; low-income status; students whose achievement is below grade level for the school year on literacy benchmark assessments, math benchmark assessments, or end-of-course assessments; and disability status based upon an individualized education program or upon section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), including but not limited to the following:

(i) In-school suspensions;

(ii) Out-of-school suspensions of one day or less; of two to five days; of six to nine days; of ten to twenty days; and of twenty-one or more days;

(iii) Expulsions;

(iv) Removals to an alternative education setting by school personnel;

(v) School-related arrests;

(vi) Referrals to law enforcement authorities;

(vii) Withdrawals for other reasons;

(viii) Number of parent or guardian-initiated withdrawals under section 302A-1132;

(ix) Number of school resource officers, either full-time or part-time, and the number of hours assigned to the school per week; and

(x) Other data that the board may approve;

(7) Require that teachers and administrators engage in the continuous professional growth and development that ensure their currency with respect to disciplinary content, leadership skill, knowledge, or pedagogical skill, as appropriate to their position. This requirement may be established by the department in terms of credit hours earned or their equivalent in professional development activity certified by the department as appropriate in focus and rigor;

(8) Establish an explicit link between professional evaluation results and individual accountability through professional development of the knowledge, skill, and professional behavior necessary to the position, by requiring that results of the professional evaluation be used by the department to prescribe professional development focus and content, as appropriate;

(9) Include an annual statewide fiscal accountability program, which includes a published report card that contains trend data on school, school complex, and systemwide plans and results, including:

(A) Amounts allocated;

(B) Amounts expended;

(C) Amounts carried over; and

(D) Any significant changes to the budget, with an explanation for the change; and

(10) Include an evaluation of the effectiveness of complex area superintendents and principals in supporting:

(A) Students' academic achievement, safety and well-being, and civic responsibility; and

(B) The satisfaction of stakeholders affected by the work of the complex area superintendents and principals, which may be measured by broad‑based surveys; and

(C) Fiscal accountability.

(b) The department shall annually post on the department's website:

(1) Information on the specifics of the implementation of the comprehensive accountability system;

(2) Information on the fiscal requirements and legislative actions necessary to maintain and improve the accountability system; and

(3) Data collected pursuant to subsection (a)(6)(C) on student discipline, as follows:

(A) The total number of students enrolled in the State by complex, school, and subgroup;

(B) The percentage of the school, complex, and State's total enrollment that the subgroup represents;

(C) The number of students who appear in more than one subgroup;

(D) The disciplinary rate for each discipline measure described in subsection (a)(6)(C), based on the total student enrollment in each school and each complex;

(E) The disciplinary rate for each discipline measure described in subsection (a)(6)(C) with respect to each subgroup; and

(F) The rate of disciplinary disparity for each discipline measure described in subsection (a)(6)(C), with respect to each subgroup, as compared with the subgroup with the lowest disciplinary rate.

(c) The department shall also annually post on its website a state-, complex-, and school-level report for each school that details the past three years and includes an analysis of any disproportionality among student subgroups using the performance indicators in subsection (a)(6). Each report shall be uniformly formatted and designed by the department so as to provide school-based users and the public with all pertinent information. Report data shall be downloadable in raw form. Report information shall include:

(1) Results of school-by-school assessments of educational outcomes;

(2) Summaries of each school's standards implementation design;

(3) Summary descriptions of the demographic makeup of the schools, with indications of the range of these conditions among schools within Hawaii;

(4) Comparisons of conditions affecting Hawaii's schools with the conditions of schools in other states;

(5) Other assessments deemed appropriate by the board;

(6) Student discipline, seclusion, and restraint information by school, as required by this section; and

(7) Any other reports required by this section.

(d) The department shall provide electronic access to computer-based financial management, student information, and other information systems to the legislature and the auditor. The department shall submit to the legislature and to the governor, at least twenty days prior to the convening of each regular session, a school-by-school expenditure report that shall include:

(1) The financial analysis of expenditures by the department with respect to the following areas:

(A) Instruction, including face-to-face teaching, and classroom materials;

(B) Instructional support, including pupil, teacher, and program support;

(C) Operations, including non-instructional pupil services, facilities, and business services;

(D) Other commitments, including contingencies, capital improvement projects, out-of-district obligations, and legal obligations; and

(E) Leadership, including school management, program and operations management, and district management; and

(2) The measures of accuracy, efficiency, and productivity of the department, districts, and schools in delivering resources to the classroom and the student.

(e) The superintendent of education is responsible for the development and implementation of an educational accountability system. The system shall include consequences and shall be designed through a collaborative process involving stakeholders that shall include parents, community members, the respective exclusive representatives, as well as others deemed appropriate by the superintendent.

For the purposes of this section, negotiations under chapter 89 shall be between the superintendent or the superintendent's designee and the respective exclusive representative and shall be limited to the impact on personnel arising from the superintendent's decision in implementing the educational accountability system. After the initial agreement is negotiated, provisions on the impact of the accountability on personnel may be reopened only upon mutual agreement of the parties.

(f) The department shall:

(1) Annually submit a report to the board and to the legislature, as follows:

(A) The report shall identify discipline-related strategies, alternatives, and resources available to schools and complexes, and shall include the following:

(i) Student discipline, seclusion, and restraint data collected pursuant to subsection (a)(6)(C);

(ii) Data collected in accordance with the data elements shown in the United States Department of Education's 2015-2016 civil rights data collection relating to school finance, teacher experience and absenteeism, all early childhood education items, advanced placement test-taking items, references to gender identity in the definition of "harassment on the basis of sex", number of English language learner students enrolled in English language programs by disability status, participation in credit recovery programs, and any civil rights concerns or complaints from children with disabilities placed by school districts in nonpublic schools; and

(iii) Information regarding staffing and contact information for school- and complex-level equity specialists; and

(B) The report may include additional information, as determined by the department, that would assist in better understanding the disciplinary rate or rate of disciplinary disparity of a particular school or complex;

(2) Track the progress made by schools and complexes over the past three years in reducing the disciplinary rates and rate of disciplinary disparity that are referenced in subsection (b)(3)(D) through (F);

(3) Assess the changes in student academic achievement and absenteeism rates over the past three years that correspond to any reduction in disciplinary rates and rates of disciplinary disparity that are referenced in subsection (b)(3)(D) through (F);

(4) Track the use of restraints over the past three years; and

(5) Report annually to the board, and make public on its website, the following:

(A) Changes in the use of discipline over the past three years; and

(B) Information on the extent to which schools and complexes are implementing evidence-based strategies, including positive behavior interventions, support systems, or restorative justice. [L 1996, c 89, pt of §2; am L 1999, c 74, §2 and c 199, §2; am L 2000, c 238, §1; am L 2004, c 51, §56; am L 2014, c 232, §9; am L 2020, c 76, §3]
Haw. Rev. Stat. § 302A-1006 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1006
[ §302A-1006] Harm to students registry; requirements; due process; immunity.
Status: in_force

[ §302A-1006] Harm to students registry; requirements; due process; immunity . (a) The department shall establish a harm to students registry, which shall be a database of employees found to have inflicted harm on a student in the State. The harm to students registry shall contain:

(1) The employee's full legal name and any prior names used, such as maiden name or married name;

(2) The employee's date of birth;

(3) The employee's photograph;

(4) The employee's last known address; and

(5) The name of the reporting institution.

(b) The reporting institution shall certify to the department that any employee whose name and information has been transmitted to the department for inclusion on the harm to students registry has been afforded appropriate due process, as set forth in this section.

(c) The reporting institution shall certify that there has been a final finding, including the date of the institution's final finding, resulting from the institution's investigation into whether the institution's employee engaged in acts or omissions that resulted in the infliction of harm to a student, notwithstanding whether the employee was terminated, retired, resigned, or was banned from the school pending completion of the investigation. Each institution shall complete an investigation without regard to the employment status of the employee under investigation or the status of the employee's future involvement with the institution.

(d) For purposes of this section, in order for an employee's name to be placed on the harm to students registry, the investigation conducted by the reporting institution that rendered a final finding of infliction of harm to a student shall involve, at a minimum:

(1) An investigator who was not a party or witness to the incident under investigation and who does not report to a complaining party or accused party;

(2) An opportunity for the complaining party and accused party to provide information to the investigator regarding the alleged misconduct or other circumstances that caused initiation of the investigation;

(3) Representation for the accused party if required by law or any applicable collective bargaining agreement; provided that the department shall not provide representation for an accused party that is not entitled to representation pursuant to a collective bargaining agreement;

(4) Consideration of the information provided by all parties and witnesses who participated in the investigation; and

(5) Reasoned findings based on the information gathered that support the conclusion, by a preponderance of the evidence, that the accused party inflicted harm on a student.

(e) The reporting institution shall certify, before transmitting the employee's name and other information to the department, that:

(1) The employee whose name is transmitted to the department for inclusion on the harm to students registry was given prior written notice of the institution's decision to transmit the employee's name 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 an institution's certification that the employee was provided due process in accordance with this section.

(f) Each institution in the State, 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 institution 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) The harm to students registry shall be made accessible to all institutions within the State.

(k) A person whose name is listed on the harm to students registry may request the reporting institution 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. The department shall remove the person's name from the harm to students registry upon receiving a certified request from the reporting institution to remove the person's name from the registry.

(l) Any institution 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 institution's refusal to certify the removal of the employee from the registry.

(m) As part of the procedures followed pursuant to section 302A-601.5, the department shall consult the harm to students registry to determine whether a candidate for employment is listed on the registry.

(n) The department 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.

(o) If a candidate for employment or a potential volunteer's name is listed on the harm to students registry, the department 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.

(p) The harm to students registry shall be exempt from disclosure under chapter 92F.

(q) As used in this section:

"Employee" means a person currently or formerly employed by the institution and includes contractors and volunteers for an institution.

"Final finding" means the conclusion of an institution's investigation that results in a determination by the institution.

"Harm to students registry" or "registry" means a database of employees and any related documents compiled by the department that a reporting institution certifies and transmits to the department.

"Inflicted harm on a student" or "infliction of harm on a student" means the act of subjecting a student to abusive acts or sexual exploitation, whether with, to, or in the presence of a student, including any:

(1) Sexual act;

(2) Solicitation of a sexual act, whether written, visual, verbal, or physical;

(3) Inappropriate sexual contact or conduct, whether written, visual, verbal, or physical;

(4) Act of child abuse;

(5) Intentional solicitation, encouragement, or consummation of a romantic or physical relationship, which includes dating a student; or

(6) Acts of abuse or violence, including assault, torture, or physical punishment or restraint that results in serious bodily injury.

"Institution" means any public or private educational institution that services students in early learning programs or schools, and from kindergarten through twelfth grade within the State.

"Investigation" means any fact finding by an institution relating to an accusation of infliction of harm on a student that meets the requirements of subsection (d). [L 2024, c 156, §2]
Haw. Rev. Stat. § 302A-455 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-455
[ §302A-455] Digital learning center.
Status: in_force

[ §302A-455] Digital learning center. There is established within the department a digital learning center. The purpose of the digital learning center shall be to:

(1) Improve the quality and delivery of digital learning services throughout the public school system;

(2) Provide resources and services that help students develop and improve their digital literacy skills; and

(3) Provide resources and services to promote safe computing practices. [L 2022, c 233, §2]
Haw. Rev. Stat. § 302D-26 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-26
Civil service status; employee rights.
Status: in_force

(a) Civil service employees of department schools shall retain their civil service status upon the conversion of their school to a conversion charter school. Positions in a conversion charter school that would be civil service in a department school shall be civil service positions and subject to chapter 76. An employee with civil service status at a conversion charter school who transfers, is promoted, or takes a voluntary demotion to another civil service position shall be entitled to all of the rights, privileges, and benefits of continuous, uninterrupted civil service. Civil service employees of a conversion charter school shall have civil service status in the department's civil service system and shall be entitled to all rights, privileges, and benefits as other civil service employees employed by the department. Exempt employees as provided in section 76-16(b)(11)(B) of a conversion charter school shall have support services personnel status in the department's support services personnel system and shall be entitled to all rights, privileges, and benefits as other exempt employees employed by the department in their support services personnel system.

(b) The State shall afford administrative, support, and instructional employees in charter schools full participation in the State's systems for retirement, workers' compensation, unemployment insurance, temporary disability insurance, and health benefits in accordance with the qualification requirements for each.

(c) The department, to the extent possible, shall provide its position listings to authorizers and any interested governing board of any charter school.

(d) The department, in conjunction with authorizers, shall facilitate the movement of instructional personnel between the department and charter schools; provided that:

(1) Comparable and verifiable professional development and employee evaluation standards and practices, as determined and certified by the authorizers, are in place in charter schools for instructional staff;

(2) Licensed charter school teachers, as determined by the Hawaii teacher standards board, who are not yet tenured in the department and are entering or returning to the department after employment at a charter school, shall be subject to a probationary period in the department pursuant to policies and practices as determined by the department, the board, and collective bargaining agreements; and

(3) Tenured department licensed teachers, as determined by the department, who transfer to charter schools shall be subject to the appropriate collective bargaining agreement.

(e) The department shall establish a process that permits employees of department public schools that become conversion charter schools pursuant to section 302D-13 to transfer to a department public school governed by chapter 302A. [L 2012, c 130, pt of §2; am L 2014, c 99, §17; am L 2015, c 112, §2 and c 114, §9]
Haw. Rev. Stat. § 304A-1967 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1967
Cooperation with the University of Hawaii by state agencies.
Status: in_force

Every state agency may render services to the University of Hawaii upon the university's request for any purpose related to this subpart. [L Sp 2021, c 8, pt of §10, §16; am L 2024, c 116, §1]
Haw. Rev. Stat. § 302D-3 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-3
State public charter school commission; establishment; appointment.
Status: in_force

(a) There is established the state public charter school commission with statewide chartering jurisdiction and authority. The commission shall be placed within the department for administrative purposes only. Notwithstanding section 302D-25 and any law to the contrary, the commission shall be subject to chapter 92.

(b) The mission of the commission shall be to authorize high-quality public charter schools throughout the State.

(c) The commission shall consist of nine members to be appointed by the board. The board shall appoint members who will be tasked with authorizing public charter schools that serve the unique and diverse needs of public school students. The chair of the commission shall be designated by the members of the commission for each school year beginning July 1, and whenever there is a vacancy. The board shall consider the combination of abilities, breadth of experiences, and characteristics of the commission, including but not limited to reflecting the diversity of the student population, geographical representation, and a broad representation of education-related stakeholders. Members of the commission shall collectively possess experience and expertise in public or nonprofit governance; management and finance; assessment; and public education. The commission shall be exempt from sections 26-34 and 26-36.

(d) Understanding that the role of the commission is to ensure a long-term strategic vision for Hawaii's public charter schools, each nominee to the commission shall meet the following minimum qualifications:

(1) Commitment to education. Each nominee's record should demonstrate a deep and abiding interest in education, and a dedication to the social, academic, and character development of young people through the administration of a high performing charter school system;

(2) Record of integrity, civic virtue, and high ethical standards. Each nominee shall demonstrate integrity, civic virtue, and high ethical standards and be willing to hold fellow commission members to the same;

(3) Availability for constructive engagement. Each nominee shall commit to being a conscientious and attentive commission member; and

(4) Knowledge of best practices. Each nominee shall have an understanding of best practices in charter school educational governance or shall be willing to be trained in such.

(e) Each nominee to the commission shall ideally meet the following recommended qualifications:

(1) Experience governing complex organizations. Each nominee should possess experience with complex organizations, including but not limited to performance contract management, and a proven ability to function productively within them; and

(2) Collaborative leadership ability. Each nominee should have substantial leadership experience that ideally 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 surrounding commission policies.

(f) Five members of the commission shall constitute a quorum to conduct business. Any action taken by the commission shall be by a simple majority of the members of the commission who are present; provided that any action of the commission that may be appealed pursuant to section 302D-15 shall require a concurrence of at least five members to be valid.

(g) Commission members shall serve not more than three consecutive three-year terms, with each term beginning on July 1; provided that the initial terms that commence after June 30, 2012, shall be staggered as follows:

(1) Three members, including the chairperson, to serve three-year terms;

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

(3) Three members to serve one-year terms.

(h) Notwithstanding the terms of the members, the board may fill vacancies in the commission at any time when a vacancy occurs due to resignation, non-participation, the request of a majority of the commission members, or termination by the board for cause.

(i) Commission members shall receive no compensation. When commission duties require that a commission member take leave of the member's duties as a state employee, the appropriate state department shall allow the commission member to be placed on administrative leave with pay and shall provide substitutes, when necessary, to fulfill that member's departmental duties. Members shall be reimbursed for necessary travel expenses incurred in the conduct of official commission business.

(j) The commission shall operate with dedicated resources and staff qualified to execute the day-to-day responsibilities of the commission pursuant to this chapter. Beginning with the 2015-2016 fiscal year, the legislature shall make an appropriation to the commission separate from, and in addition to, any appropriation made to charter schools pursuant to sections 302D-28 and 302D-29.5.

(k) The commission shall have the power to hire staff without regard to chapters 76 and 89. The commission shall determine staff wages, hours, benefits, and other terms and conditions for employment in accordance with chapter 89C. [L 2012, c 130, pt of §2; am L 2013, c 159, §4; am L 2014, c 99, §4; am L 2015, c 114, §2; am L 2021, c 167, §1]