Haw. Rev. Stat. § 302A-1703 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1703
Powers; generally.
Status: in_force

(a) Except as otherwise limited by this chapter, the authority shall be responsible for all projects related to:

(1) New or renovated facilities for prekindergarten, preschool, child care, or early learning programs;

(2) Workforce housing for educators and other education workers in schools serving prekindergarten, elementary, and secondary grades; and

(3) Any public school development, planning, and construction assigned by the legislature, governor, or board of education .

(b) The authority shall comply with chapter 103D.

(c) Except as otherwise limited by this chapter, the authority may also:

(1) Have a seal and alter the same at its pleasure;

(2) Subject to subsection (b), make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this subpart;

(3) Make and alter bylaws for its organization and internal management;

(4) Adopt rules pursuant to chapter 91 with respect to its projects, operations, properties, and facilities, including qualifications for persons and entities wishing to enter into a public-private partnership with the authority, as permitted in paragraph (7);

(5) Acquire or contract to acquire by grant or purchase real, personal, or mixed property or any interest therein; to clear, improve, and rehabilitate and to sell, assign, exchange, transfer, convey, lease, subdivide, or otherwise dispose of or encumber the same;

(6) Acquire property by condemnation pursuant to chapter 101;

(7) Enter into partnerships with qualified persons, including public-private partnerships, as defined in the authority's rules, to acquire, construct, reconstruct, rehabilitate, improve, alter, or provide for the construction, reconstruction, improvement, or alteration of any project, including prekindergarten facilities; and sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project; and in the case of the sale of any project, accept a purchase money mortgage in connection therewith;

(8) Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on terms and conditions as it deems advisable;

(9) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, or alteration of any project, and from time to time to modify the plans, specifications, designs, or estimates;

(10) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;

(11) Apply for and accept gifts or grants in any form from any public agency or from any other source, including gifts or grants from private individuals and private entities;

(12) Borrow money or procure loan guarantees from the federal government for or in aid of any project the authority is authorized to undertake pursuant to this chapter. Additionally, in connection with borrowing or procurement of loan guarantees, the authority:

(A) Shall comply with conditions required by the federal government pursuant to applicable regulation or required in any contract for federal assistance;

(B) Shall repay indebtedness incurred pursuant to this section, including any interest thereon;

(C) May execute loan and security agreements and related contracts with the federal government;

(D) May issue bonds pledging revenues, assessments, or other taxes as security for indebtedness incurred pursuant to this section; and

(E) May enter into financing agreements as that term is defined in section 37D-1;

(13) Appoint or retain by contract one or more attorneys who are independent of the attorney general to provide legal services solely in cases of negotiations in which the attorney general lacks the sufficient expertise; provided that the independent attorney shall consult and work in conjunction with the designated deputy attorney general;

(14) Use the department of human resources development or the department of education to recruit, hire, and retain exempt employees, architects, engineers, existing civil service positions, and other technical positions for the development, planning, and construction related to capital improvement projects;

(15) Partner with public and private development agencies to develop:

(A) Housing on or off campus;

(B) Classrooms; and

(C) Prekindergarten, preschool, child care, and early learning program facilities;

(16) Request any state or county agency to render services to the authority;

(17) Transfer the property to another public agency or contract to manage the leasing and property management of housing projects; and

(18) Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this subpart.

(d) Prior to project approval, the authority shall consult with the Hawaii state public library system regarding any construction or renovation projects for school lands that are adjacent to or have Hawaii state public library facilities on them. [L 2020, c 72, pt of §1; am L 2021, c 217, §2; am L 2023, c 172, §2 and c 175, §3 ; am L 2025, c 204, §2]
Haw. Rev. Stat. § 302D-28.5 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-28.5
Financial insolvency.
Status: in_force

(a) In the event that any public charter school becomes financially insolvent, the school shall be deemed to have surrendered its charter. For purposes of this section, a school shall be determined to be financially insolvent when it is unable to pay its staff when payroll is due.

(b) In the event that any public charter school becomes financially insolvent, the authorizer shall adopt a closure protocol as described under section 302D-19(a). [L 2015, c 110, §1]
Haw. Rev. Stat. § 302D-1 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-1
D efinitions.
Status: in_force

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

"Applicant governing board" means the initial governing board that is:

(1) Established by an eligible group or entity to submit a charter application pursuant to section 302D-13; and

(2) Not subject to section 302D-12.

"Authorizer" means an entity established under this chapter with chartering authority to review charter applications, decide whether to approve or deny charter applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to authorize, renew, deny renewal of, or revoke charter contracts. The term may include the commission when appropriate.

"Board" means the board of education.

"Charter application" means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status.

"Charter contract" or "charter" means a fixed-term, bilateral, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract.

"Charter school" or "public charter school" refers to those public schools and their respective governing boards, as defined in this section, that are holding current charter contracts to operate as charter schools under this chapter, including start-up and conversion charter schools, and that have the flexibility and independent authority to implement alternative frameworks with regard to curriculum, facilities management, instructional approach, virtual education, length of the school day, week, or year, and personnel management.

"Commission" means the state public charter school commission established pursuant to [section] 302D-3 as a statewide authorizer.

"Conversion charter school" means:

(1) Any existing department school that converts to a charter school and is managed and operated in accordance with section 302D-13; or

(2) Any existing department school that converts to a charter school and is managed and operated by a nonprofit organization in accordance with section 302D-13.

"Computer science" shall have the same meaning as in section 302A-101.

"Computer science content" shall have the same meaning as in section 302A-101.

"Computer science courses" shall have the same meaning as in section 302A-101.

"Department" means the department of education.

"Department school" means any school that falls within the definition of "public schools" as defined in section 302A-101 and that is not a charter school.

"Executive director" means the executive director of the state public charter school commission.

"Governing board" means the independent board of a public charter school that is party to the charter contract with the authorizer that:

(1) Is responsible for the financial, organizational, and academic viability of the charter school and implementation of the charter;

(2) Possesses the independent authority to determine the organization and management of the school, the curriculum, and virtual education;

(3) Has the power to negotiate supplemental collective bargaining agreements with exclusive representatives of their employees and is considered the employer of charter school employees for purposes of chapters 76, 78, and 89; and

(4) Ensures compliance with applicable state and federal laws.

"Nonprofit organization" means a private, nonprofit, tax-exempt entity that:

(1) Is recognized as a tax-exempt organization under the Internal Revenue Code; and

(2) Is registered to do business in this State in accordance with chapter 414D.

"Organizational viability" means that a charter school:

(1) Has been duly constituted and operates in accordance with its charter;

(2) Has a governing board established in accordance with law and the charter school's charter;

(3) Employs sufficient faculty and staff to provide the necessary educational program and support services to operate the facility in accordance with its charter;

(4) Maintains accurate and comprehensive records regarding students and employees as determined by its authorizer;

(5) Meets appropriate standards of student achievement as defined by the board pursuant to its duties under article X, section 3, of the Constitution of the State of Hawaii;

(6) Cooperates with board and authorizer requirements in conducting its functions;

(7) Complies with applicable federal, state, and county laws and requirements;

(8) In accordance with authorizer guidelines and procedures, is financially sound and fiscally responsible in its use of public funds, maintains accurate and comprehensive financial records, operates in accordance with generally accepted accounting practices, and maintains a sound financial plan;

(9) Operates within the scope of its charter contract and fulfills obligations and commitments of its charter;

(10) Complies with all health and safety laws and requirements;

(11) Complies with all authorizer directives, policies, and procedures; and

(12) Complies with all board policies deemed applicable to charter schools by the board.

"Pre-opening charter school" means a charter school that has not yet satisfactorily fulfilled the authorizer's pre-opening assurance as required under section 302D-14.5 or has not yet commenced full operations as a charter school during its first full academic year.

"Start-up charter school" means a new charter school established under section 302D-13 that is not a conversion charter school. [L 2012, c 130, pt of §2; am L 2013, c 159, §3; am L 2014, c 99, §3; am L 2015, c 114, §1; am L 2021, c 158, §5]
Haw. Rev. Stat. § 304A-1005 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1005
University general counsel.
Status: in_force

(a) The board of regents may appoint or retain by contract one or more attorneys who are independent of the attorney general, to provide legal services for the university, including:

(1) Representation of the university in civil actions to which the university is a party, either directly or through the acts or omissions of its officers or employees;

(2) Advice and assistance to ensure the lawful and efficient administration and operation of the university;

(3) Review and approval of documents relating to the acquisition of land or interest in land by the university; and

(4) Any other legal service specified by the board of regents.

The board of regents may fix the compensation of the attorneys appointed pursuant to this section. Attorneys appointed or retained by contract shall be exempt from chapters 76 and 89.

(b) Nothing in this section precludes the board of regents from requesting and securing legal services from the department of the attorney general, for the university, the board of regents or its members, or the university's officers and employees, upon mutual agreement. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-464 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-464
§§302A-464 to 302A-467 REPEALED.
Status: repealed

§§302A-464 to 302A-467 REPEALED. L 2012, c 133, §§43 to 46.
Haw. Rev. Stat. § 304A-3152 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3152
Commission's powers and authority.
Status: in_force

(a) The commission may cooperate with the federal government to qualify the State to receive funds made available under the Higher Education Act of 1965, Public Law 89-329, as amended from time to time, and in addition may serve as the state agency for the receipt of federal funds when federal legislation dealing with higher education or post-secondary education requires, as a condition of state receipt of such funds, the designation of a state agency that is broadly representative of the general public and of post-secondary education in the State and when agencies other than the commission created by this subpart may not qualify. The commission shall adopt appropriate rules not inconsistent with this subpart as may be required to administer this subpart. The rules shall be adopted in accordance with chapter 91.

(b) No funds appropriated by the legislature may be used to aid a person attending an institution not owned or exclusively controlled by the State or a department of the State or to pay for any staff work distributing federal or private funds to students attending such schools. The maximum amount of any grant awarded under the Hawaii state incentive grant program shall be equal to the maximum allowed by federal law. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 312-7 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-7
Job-sharing.
Status: in_force

(a) A job-sharing program is established within the public library system, subject to the requirements of this section.

(b) The state librarian shall announce the job-sharing program to all full-time employees of the public libraries and shall solicit the voluntary requests of such personnel who may be interested in participating in the job-sharing program.

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

Upon the selection of a permanent, full-time employee for job-sharing, the state librarian shall convert the position of the employee into two job-sharing positions, one of which shall be filled by the employee, and the other which shall be filled by either another permanent employee or by the hiring of a new hire.

A person hired to fill a job-sharing position shall be recruited according to civil service recruitment procedures and shall possess the minimum requirements of the full-time position which was converted into a job-sharing position under this section.

(c) Job-sharing is the voluntary sharing of a full-time, permanent employee's position with another employee, with each working one-half of the total number of hours of work required and performing one-half of the work required of the respective full-time position, and with each receiving one-half of the salary to which each is respectively entitled and at least one-half of each employee benefit afforded to full-time employees.

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

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

(e) Upon the termination of the contractual agreement, all job-sharing positions shall be reconverted to full-time positions, and the employees who held the full-time positions prior to their participation in the job-sharing program under this section shall be entitled to resume their positions without loss of employee rights. [L 1986, c 88, §1]
Haw. Rev. Stat. § 309-1 — HI Code / Division 1 / Title 18 / Chapter 309 / Section 309-1
Participation in United Student Aid Funds, Inc.
Status: in_force

or other similar public or private nonprofit corporations. The department of budget and finance is hereby authorized to enter into a contract with the United Student Aid Funds, Inc., or such other public or private nonprofit corporations as may be designated by or established pursuant to Public Law 89-329, Public Law 89-287 or similar federal laws, relating to loans to students. Such contract may be amended or revised by the department to assure the full utilization of benefits provided by Public Law 89-329 and Public Law 89-287 and similar federal laws.
Haw. Rev. Stat. § 309-3 — HI Code / Division 1 / Title 18 / Chapter 309 / Section 309-3
Capacity of minors.
Status: in_force

Any student otherwise qualifying for a loan under the provisions of this chapter shall not be disqualified by reasons of the student's being under the age of eighteen years, and for the purpose of applying for, receiving and repaying such loan, any such person shall be deemed to have full legal capacity to act and shall have all rights, powers, privileges, and obligations of an adult, with respect thereto.
Haw. Rev. Stat. § 302A-709 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-709
Computer science teacher development programs.
Status: in_force

(a) The department may enter into a contract or agreement with one or more entities to develop and implement computer science teacher development programs; provided that an entity shall be:

(1) An educational agency, including a charter educational agency, or a consortia of educational agencies in the State;

(2) An institution of higher education located in the State; or

(3) A nationally recognized provider of effective computer science professional development.

(b) An entity that intends to enter into a contract or agreement with the department pursuant to this section shall first submit a proposal to the department that, at minimum, shall address how the entity plans to:

(1) Instruct teachers with varying levels of knowledge and experience in computer science;

(2) Provide teachers with experience in hands-on, inquiry-based practices;

(3) Utilize effective practices for professional development;

(4) Emphasize the conceptual foundations of computer science;

(5) Instruct teachers how to effectively teach students in computer science, including students from demographic groups that are historically underrepresented in computer science careers;

(6) Adapt its instruction to accommodate the particular needs of teachers in different schools and districts; and

(7) Meet other requirements established by the department. [L 2018, c 51, pt of §2]
Haw. Rev. Stat. § 302A-1128 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1128
Department powers and duties.
Status: in_force

The department shall have entire charge and control and be responsible for the conduct of all affairs pertaining to public instruction in the public schools the department establishes and operates, including operating and maintaining the capital improvement and repair and maintenance programs for department and school facilities; provided that all state-funded prekindergarten programs, and private partnership-funded prekindergarten programs in the public schools, except for special education and Title I-funded prekindergarten programs, shall be under the administrative authority of the executive office on early learning; provided further that the department shall continue to provide, and have administrative authority over, services generally provided to the schools excluding those services related to curriculum, instruction, assessment, and professional learning support, but including operating and maintaining capital improvement and repair and maintenance programs for any facility on a department school campus at which the executive office on early learning administers programs, and evaluation of teaching staff. The department may establish and maintain schools for secular instruction at such places and for such terms as in its discretion it may deem advisable and the funds at its disposal may permit. The schools may include high schools, kindergarten schools, schools or classes for special education or Title I-funded prekindergarten, boarding schools, Hawaiian language medium education schools, and evening and day schools. The department may also maintain classes for technical and other instruction in any school where there may not be pupils sufficient in number to justify the establishment of separate schools for these purposes.
Haw. Rev. Stat. § 302D-8 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-8
Conflict of interests.
Status: in_force

(a) A member of the state public charter school commission shall not be eligible to serve on the commission if the member was affiliated with any public charter school within one year preceding appointment to the commission.

As used in this subsection, "affiliated" means attached or connected as a current or previous employee, governing board member, vendor, contractor, agent, or representative.

(b) An employee, trustee, agent, or representative of an authorizer shall not simultaneously serve as an employee, trustee, agent, representative, vendor, or contractor of a public charter school authorized by that authorizer. Authorizer members shall disclose to the authorizer a list of all charter schools in which the member has previously been an employee, governing board member, vendor, contractor, agent, or representative . [L 2012, c 130, pt of §2; am L 2014, c 99, §7; am L 2019, c 269, §1]
Haw. Rev. Stat. § 304A-2176 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2176
University of Hawaii at Manoa intercollegiate athletics special fund and University of Hawaii at Hilo intercollegiate athletics special fund.
Status: in_force

Notwithstanding any other law to the contrary, there are established the University of Hawaii at Manoa intercollegiate athletics special fund and the University of Hawaii at Hilo intercollegiate athletics special fund for the intercollegiate athletic programs of the University of Hawaii at Manoa and the University of Hawaii at Hilo, which shall be used to receive, deposit, disburse, and account for funds from the activities of the intercollegiate athletic programs. The university may establish appropriate charges for activities related to its athletic programs and the use of its athletic facilities, the proceeds from which shall be deposited into these special funds.

The university shall maintain the financial integrity and viability of these special funds, including the maintenance of an adequate reserve to cope with the various factors that impact the revenue structure of an intercollegiate athletic program. [L 2006, c 75, pt of §2; am L 2011, c 124, §8]

Revision Note

Section was renumbered from §304A-2261 pursuant to §23G-15.
Haw. Rev. Stat. § 319-3 — HI Code / Division 1 / Title 18 / Chapter 319 / Section 319-3
Hawaii dental education plan.
Status: in_force

(a) The department may enter into agreements with dental schools accredited by the American Dental Association not within the jurisdiction of WICHE, for the education of Hawaii residents.

(b) The agreements entered into under subsection (a) shall provide among other necessary and desirable provisions that the schools contracted with shall reserve a set number of vacancies in each class for qualified applicants who are residents of the State of Hawaii. The State, through the department, shall disburse moneys, on behalf of the student, to the school, the total of which for each student shall not exceed amounts being provided per student for a similar program under WICHE. The agreements may contain other provisions relating to the administration of the plan and any contracts thereunder.

(c) Subject to the limitation set by subsection (b), any amount allotted to a student shall be disbursed directly to the school.

(d) Any student participating in the plan shall be responsible for financing of the student's expenses except for the amount specified in a contract executed in conformance with this chapter. The State shall not be implicitly or explicitly presumed to be liable or in any way responsible for any cost of a dental education for any participating student except under such contract.

(e) Students approved for participation in the plan shall be residents of the State of Hawaii, and shall have met the entrance requirements of the contracting dental school. Determination of the amount of funds to be expended on behalf of a student approved for participation in the plan shall be based on need and ability; provided that where there is no demonstrated need, the State shall not be required to provide such specific sum.

(f) Students seeking participation in this program shall be required by the department of budget and finance to execute an agreement with the State, which shall, among other necessary and desirable provisions, provide that upon completion of the student's dental education the student shall either:

(1) Actively engage in professional practice or other professional pursuits in areas with inadequate dental service, with the department of health, or other acceptable service as determined by the director of human services, director of health, and the director of finance, jointly, or

(2) Repay all amounts expended by the State of Hawaii under this plan for the student's education.

(g) Neither the department of budget and finance nor any professional dental society in the State shall influence the selection of the qualified applicants for the plan nor the schools which the selected applicants attend. [L 1976, c 132, pt of §2; gen ch 1985; am L 1987, c 339, §4]
Haw. Rev. Stat. § 304A-3304 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3304
Program administration.
Status: in_force

(a) The University of Hawaii shall monitor and verify a student's fulfillment of all requirements for a scholarship grant under this program.

(b) The University of Hawaii may enter into a contract with a private or public entity to administer the program.

(c) The University of Hawaii shall enforce repayment of all scholarship grants if a student does not comply with the requirements of the scholarship grant. Enforcement shall include the use of all lawful collection procedures, including private collection agencies.

(d) Scholarship grants received by a student under the program shall not be considered taxable income under chapter 235.

(e) Scholarship grants received by a student under the program shall not be considered financial assistance or appropriations to the approved educational institution.

(f) Any person who knowingly or intentionally procures, obtains, or aids another to procure or obtain a scholarship grant under the program through fraudulent means shall be disqualified from participation in the program and shall be liable to the University of Hawaii for an amount equal to three times the amount obtained. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-3352 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3352
Pacific international space center for exploration systems.
Status: in_force

(a) There is established the Pacific international space center for exploration systems, to be placed within the University of Hawaii at Hilo for administrative purposes only.

(b) The space center may employ, subject to chapter 76, technical experts and officers, agents, and employees, permanent and temporary, as required. The space center may also employ officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76, when in the determination of the board, the services to be performed by those employed are unique and essential to the execution of the functions of the space center. [L Sp 2021, c 1, pt of §1]
Haw. Rev. Stat. § 304A-504 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-504
Hawaii state scholars program.
Status: repealed

(a) There is established the Hawaii state scholars program to be administered by the University of Hawaii. This program shall be used to provide financial assistance in the form of scholarships for up to four years to any qualified student enrolled at any campus of the University of Hawaii with the possibility of renewal for a fifth year in exceptional circumstances.

(b) Appropriations for the state scholars program shall be deposited into the University of Hawaii scholarship and assistance special fund established pursuant to section 304A-2159. The number of scholarships awarded and amount of each scholarship shall be determined by the university 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) Is a bona fide resident of the State, for tuition purposes, at the time of admission to the university;

(2) Presents evidence of academic excellence by meeting one or more of the following:

(A) Graduation from a public or private high school in the State as a valedictorian of the applicant's class;

(B) Has a cumulative high school grade point average of 4.0 as determined for admission to the university;

(C) Has achieved a test score on a standardized college admission test recognized and accepted by the university for admission consideration, such as SAT or ACT, that places the student among the top ten percentile of students taking the test nationwide; or

(D) Earned a high school diploma from a public high school in the State with a cumulative grade point average of 3.0 as determined for admission to the university, if the student provides evidence that the student qualified for and received special education services for two or more years during enrollment in grades seven through twelve;

(3) Enrolls at a University of Hawaii system campus within eighteen months of graduating from high school; and

(4) Maintains satisfactory progress toward degree completion and a cumulative 3.0 grade point average. [L 2006, c 257, §2; am L 2021, c 156, §1]

Revision Note

Section was enacted as an addition to repealed chapter 304, but is codified to this chapter pursuant to L 2006, c 75, §18.
Haw. Rev. Stat. § 302A-411 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-411
Kindergarten program; establishment; attendance.
Status: in_force

(a) The department shall establish and maintain kindergartens with a program of instruction as a part of the public school system; provided that:

(1) Attendance in kindergarten shall be mandatory, unless exempted by subsection (b) or section 302A-1132; and

(2) Charter schools shall not be excluded from mandatory participation in the program.

(b) 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 section 302A-1132.

(c) The department may accept gifts to establish and maintain kindergartens. [L 1996, c 89, pt of §2; am L 1997, c 362, §1; am L 2004, c 219, §2; am L 2006, c 298, §9; am L 2009, c 194, §2; am L 2010, c 183, §2; am L 2012, c 178, §3; am L 2014, c 76, §2]
Haw. Rev. Stat. § 304A-2264 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2264
§ §304A-2264 to 304A-2266 REPEALED.
Status: repealed

§ §304A-2264 to 304A-2266 REPEALED. L 2011, c 124, §§13 to 15.
Haw. Rev. Stat. § 304A-2167.5 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2167.5
[ §304A-2167.
Status: in_force

[ §304A-2167.5] University revenue-undertakings fund. (a) There is established a special fund for the University of Hawaii to be known as the university revenue-undertakings fund into which all revenue of the university under subpart D of part VI, including any appropriation allocated pursuant to this section received from, or related to, university projects, university systems, or networks or any combination thereof, constructed or maintained by the board under subpart D of part VI shall be deposited. At the direction of the board, there may be established accounts in the university revenue-undertakings fund as required by the resolution authorizing revenue bonds.

If revenue bonds are issued under subpart D of part VI payable from the revenue of a university parking facility or the revenue of a university system that includes a university parking facility, the board in the resolution authorizing revenue bonds may direct that all or any part of the moneys required by this chapter to be paid into the university parking revolving fund created by section 304A-2275 shall be deposited in the university revenue-undertakings fund in lieu of being deposited in the university parking revolving fund.

(b) All moneys in the university revenue-undertakings fund shall be applied in accordance with the resolution of the board authorizing the issuance of revenue bonds under subpart D of part VI, as follows:

(1) To provide for all costs of construction, operation, repair, and maintenance of a university project, university system, network, or any combination thereof, including reserves therefor;

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

(3) To reimburse the university for all moneys advanced to pay the expenses incurred in making the preparation for the initial issuance of revenue bonds under subpart D of part VI;

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

(5) To provide a reserve for betterments and improvements to and renewals and replacements of, university projects, university systems, networks, or any combination thereof.

If adequate provision is made for all the foregoing purposes, and if permitted by law and the covenants in the resolution authorizing the issuance of revenue bonds under subpart D of part VI, any moneys remaining in the university revenue-undertakings fund at the end of a fiscal year may be expended by the board in subsequent years in furtherance of any of the purposes of the university.

(c) The following terms used in this section shall be as defined in section 304A-2671: "appropriation", "board", "construction", "cost of construction", "cost of maintenance", "maintenance", "network", "reserves", "revenue bonds", "revenue of the university", "university project", and "university system". [L 2007, c 161, §2]
Haw. Rev. Stat. § 304A-2270 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2270
Hawaiian language college revolving fund.
Status: in_force

There is established the Hawaiian language college revolving fund into which revenues from the sale of Hawaiian language materials shall be deposited. Moneys deposited into this fund shall be expended to support the Hawaiian language college at the University of Hawaii at Hilo established under section [304A-1301].
Haw. Rev. Stat. § 302D-5 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-5
Authorizer powers, duties, and liabilities.
Status: in_force

(a) Authorizers are responsible for executing the following essential powers and duties:

(1) Soliciting and evaluating charter applications;

(2) Approving quality charter applications that meet identified educational needs and promote a diversity of educational choices;

(3) Declining to approve weak or inadequate charter applications;

(4) Negotiating and executing sound charter contracts with each approved charter applicant and with existing public charter schools;

(5) Monitoring, in accordance with charter contract terms, the performance and legal compliance of public charter schools; and

(6) Determining whether each charter contract merits renewal, nonrenewal, or revocation.

(b) An authorizer shall:

(1) Act as a point of contact between the department and a public charter school it authorizes;

(2) Be responsible for and ensure the compliance of a public charter school it authorizes with all applicable state and federal laws, including reporting requirements;

(3) Be responsible for the receipt of applicable federal funds from the department and the distribution of funds to the public charter school it authorizes; and

(4) Be responsible for the receipt of per-pupil funding from the department of budget and finance and distribution of the funding to the public charter school it authorizes.

(c) An authorizer shall have the power to make and execute contracts and all other instruments necessary or convenient for the exercise of its duties and functions under this chapter.

(d) An authorizer may delegate its duties to officers, employees, and contractors.

(e) Regulation by authorizers shall be limited to the powers and duties set forth in this section, and shall be consistent with the spirit and intent of this chapter.

(f) An authorizer, members of the board of an authorizer acting in their official capacity, and employees or agents of an authorizer are immune from civil and criminal liability with respect to all activities related to a public charter school authorized by that authorizer, except for any acts or omissions constituting wilful misconduct. Members of the commission shall be afforded the same protection afforded the members of the board pursuant to section 26-35.5.

(g) An authorizer shall not provide technical support to a prospective charter school applicant, an applicant governing board, or a charter school it authorizes in cases in which the technical support will directly and substantially impact any authorizer decision related to the approval or denial of the charter application or the renewal, revocation, or nonrenewal of the charter contract. This subsection shall not apply to technical support that an authorizer is required to provide to a charter school pursuant to federal law. [L 2012, c 130, pt of §2; am L 2013, c 159, §5; am L 2014, c 99, §5; am L 2015, c 114, §3; am L 2016, c 113, §1]
Haw. Rev. Stat. § 304A-3204 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3204
State commissioners.
Status: in_force

(a) The governor, with the advice and consent of the senate, shall appoint the members of the commission for this State of the Western Interstate Commission for Higher Education that is created under the provisions of Article III of the Western Regional Education Compact. The positions of commissioners shall be placed within the University of Hawaii for administrative purposes.

(b) The qualifications and terms of office of the members of the commission for this State shall conform with Article IV of the compact.

(c) The commissioners shall serve without compensation, but they shall be reimbursed for their actual and necessary expenses by the Western Interstate Commission for Higher Education.

(d) The commissioners for this State, with the help of an advisory committee selected by them, shall certify those students from the State of Hawaii who may receive special assistance in their professional education from the State, under contracts provided for in the Western Regional Education Compact. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-3011 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3011
Contracts with state agencies.
Status: in_force

Any contract between the research corporation and any agency, office, department, or other administrative subdivision of the executive branch of the State shall include the following:

(1) Its termination date;

(2) Its intent and purpose;

(3) A statement establishing the full permissible extent of its applicability; and

(4) A description of the circumstances under which it may be amended or extended. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-1653 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1653
State aquarium admission and user fees.
Status: in_force

The board of regents may charge the public a fee for admission to the aquarium and for the use of aquarium facilities and programs. In establishing the fees, the board of regents shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91. The fees may be established at an open public meeting subject to the requirements of chapter 92. The fees shall be deposited into the state aquarium special fund established under section [304A‑2165].
Haw. Rev. Stat. § 302A-629 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-629
Educational officers; demotion, transfers.
Status: in_force

Any educational officer demoted to a position in a lower salary range shall continue to be paid the educational officer's previous salary for the first year of the educational officer's demotion, after which time the educational officer shall be compensated at the appropriate step in the salary range to which the educational officer has been demoted. Unless otherwise provided by the department, any educational officer who is in a school in which the school rating has declined to a number that would place the educational officer in a lower classification shall continue to be paid at the educational officer's same salary range as long as the educational officer remains in the same position in the same school.
Haw. Rev. Stat. § 302L-7 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-7
Executive office on early learning public prekindergarten program; public preschools.
Status: in_force

(a) There is established within the early learning system an early childhood education program to be known as the executive office on early learning public prekindergarten program and to be administered by the office pursuant to rules adopted by the office. The program shall:

(1) Be provided through the executive office on early learning, which shall partner with the department of education through either a memorandum of agreement or memorandum of understanding pursuant to the requirements of this section;

(2) Prepare children for school and active participation in society through the use of either of the State's two official languages; and

(3) Provide access to high-quality early learning that addresses children's physical, cognitive, linguistic, social, and emotional development.

(b) The office shall implement an application process for schools that are interested in participating in the program. The criteria to prioritize applications shall include:

(1) Community need, including:

(A) The percentage of the population in the school or community that meets the definitions of at-risk and underserved children pursuant to section 302L-1; and

(B) The availability and capacity of existing early learning programs or services for three- and four-year-old children on the school campus and in the surrounding area;

(2) The availability of a classroom and outdoor play area that meet department of human services requirements for health and safety for three- and four-year-old children; and

(3) The commitment of the principal to implementing a high-quality prekindergarten program including through active participation in professional development sessions offered through the office, and to 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.

(c) The program shall serve three- and four-year-old children who are in the two years prior to kindergarten entry pursuant to section 302A-411, with priority extended to underserved or at-risk children, as defined in section 302L-1, and follow the academic year schedule of the department of education and be aligned with the full-day kindergarten classroom schedule of each school. Enrollment priority shall be given but is not limited to children who attend prekindergarten at schools to which the children will be assigned upon entering kindergarten under section 302A-1143.

(d) The program shall include students with disabilities based on individualized education program placement, recognizing that the in-classroom ratio of students with disabilities to the general population shall be based on the inclusion of children with disabilities in proportion to their presence in the general population; provided that application of this principle 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. 1400-1409, 1411-1419, 1431-1444, 1450-1482). The department of education shall collaborate with the office to coordinate services for students with disabilities who are placed in the classroom offered through the program. Funding for all costs associated with implementation of the individualized education programs of students shall be provided through the department of education.

(e) Enrollment in the program shall be voluntary. A child who is required to attend school pursuant to section 302A-1132, shall not be eligible for enrollment in the program.

(f) The program shall enroll a maximum of twenty children per classroom.

(g) The program shall incorporate high-quality standards pursuant to rules adopted by the office. High-quality standards shall be research-based, developmentally-appropriate practices associated with better educational outcomes for children, such as:

(1) Positive teacher-child interactions that shall be evaluated through observations conducted by the office using a tool several times a year; provided that the observations shall not be used for the purposes of teacher evaluation;

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

(3) Family engagement in partnership with the schools, including conducting outreach for enrollment and engagement of families in their children's education;

(4) Alignment with the Hawaii early learning and development standards, which align with department of education standards, state content and performance standards, and general learner outcomes for grades kindergarten to twelve, to facilitate a seamless and high-quality educational experience for children;

(5) A teacher who has coursework in early childhood education pursuant to Hawaii teacher standards board licensing requirements for a prekindergarten teacher. For program purposes, a teacher shall satisfy the Hawaii teacher standards board licensing requirements for a prekindergarten teacher or be enrolled in a State-approved teacher education program and working toward satisfying the Hawaii teacher standards board licensing requirements; and

(6) An educational assistant who has a child development associate credential or the associated coursework. For program purposes, an educational assistant shall have a current child development associate credential, coursework for a certificate that meets the requirements for child development associate credential preparation, or is enrolled in and working toward completing a program that prepares the individual to obtain the credential.

The office shall monitor implementation of the high-quality educational experience for children.

(h) Prior to opening a public prekindergarten class in a school, the principal, and other school personnel as required by the office, shall participate in an early learning induction program.

(i) The office shall provide support to incorporate the high-quality standards developed pursuant to subsection (g), including support related to teacher-child interactions, individual child assessments, and family engagement. Teaching staff participating in the program shall participate in coaching and mentoring offered through the office; provided that the office shall cover the associated travel and substitute teacher costs. The office 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.

(j) The teacher and educational assistant teaching in the classroom through the program shall provide direct services solely to students enrolled in the program and shall be provided time for meetings regarding program implementation in the program.

(k) The teacher and educational assistant teaching in the classroom through the program shall be included in school meetings and activities to promote alignment between all grade levels and settings, including school-wide professional development relating to social emotional learning, cultural and place-based instructional strategies, and transition to kindergarten.

(l) Each school participating in the program shall work with the office to develop and annually update a written two- to three-year plan to promote, within the school and community, alignment of and transitions between high-quality learning experiences, and submit to the office and the appropriate complex area superintendent a report on progress made toward the plan by the end of each school year.

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

(n) To promote the development of a cohesive, comprehensive, and sustainable early learning system, the office shall partner with the schools participating in the program to collaborate with:

(1) Other early learning providers, including those providing the programs and services specified in section 302L-2(2)(A), to promote alignment between prekindergarten and elementary school programs and to support children and their families in making successful transitions from prekindergarten into kindergarten; and

(2) Early intervention programs.

(o) The office shall collect data with assistance from the department of education, based on a schedule to be determined by the office, to:

(1) Evaluate the services provided;

(2) Inform policy; and

(3) Make any improvements to the program.

(p) The department of education may use available classrooms for public preschool programs statewide. Preschool classrooms established pursuant to this section shall be in addition to any classrooms used for early learning programs established pursuant to section 302L-1.7.

(q) All processes involved in implementation of this section related to students having special needs shall comply with federal law.

(r) The office shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section, including compliance with all applicable state and federal laws.

(s) The office shall prohibit the use of suspension in the program due to a child's behavior; provided that a temporary suspension may be used when there is a serious safety threat as determined by the administrator of the school.

The office shall prohibit the permanent removal of a student from the program due to a child's behavior; provided that when a child exhibits persistent and serious challenging behaviors, the administrator of the school shall consult with the office on how to address the behaviors.

The office shall implement chapter 19 of title 8, Hawaii Administrative Rules, for the purposes of the program, until the office develops and adopts rules to carry out the purposes of this subsection. [L 2015, c 109, §2; am L 2017, c 202, §10; am L 2019, c 276, §10; am L 2020, c 24, §3, c 46, §5, and c 70, §46; am L 2021, c 210, §§5, 14; am L 2023, c 171, §§2, 4; am L 2024, c 152, §4]
Haw. Rev. Stat. § 302A-1312 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1312
Six-year program and financial plan for school repair and maintenance.
Status: in_force

(a) The department of education shall prepare a six-year program and financial plan for school repair and maintenance that shall be:

(1) Based on:

(A) Estimated preventive and scheduled maintenance costs;

(B) Budgeted recurring maintenance;

(C) Health and safety requirements; and

(D) Legal mandates;

(2) Insofar as is practical, prepared in accordance with the principles and procedures contained in section 514B-148; and

(3) Submitted initially to the legislature not less than thirty days prior to the convening of the 2002 regular session, with annual funding requirements for the physical plant operations and maintenance account submitted not less than thirty days prior to the convening of the 2002 regular session and each regular session thereafter;

provided that the governor may incorporate the six-year program and financial plan required by this subsection into the six-year program and financial plan required by section 37-69, if the plan required by this subsection is incorporated without reductions or restrictions.

(b) The department of education shall develop and maintain a facilities physical analysis report and a facilities financial analysis report for each public school. These reports shall be posted electronically on the Internet.

(c) For the purposes of this section, the superintendent of education shall develop and implement appropriate planning procedures and follow-up accountability reports to ensure sound planning, control, and accountability in the use of moneys allocated by the legislature. The department of education shall annually post on the department's website information that shall include:

(1) List of projects initiated by the department of education; and

(2) List of projects completed with associated actual cost. [L 2001, c 316, pt of §3(1); am L 2003, c 188, §7; am L 2004, c 164, §9; am L 2005, c 93, §7 and c 189, §5; ree L 2006, c 38, §7; am L 2008, c 28, §6; am L 2012, c 133, §26; am L 2014, c 232, §16; am L 2017, c 181, §13]
Haw. Rev. Stat. § 304A-303 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-303
Career and technical education coordinating advisory council.
Status: in_force

(a) There is established a career and technical education coordinating advisory council which shall serve in an advisory capacity to the board of regents. The council shall consist of eleven members, nine appointed and two ex officio[,] voting members. Of the nine appointed members:

(1) Three shall be appointed from the board of regents by the chairperson of that body;

(2) Three shall be appointed from the board of education by the chairperson of that body; and

(3) Three shall be appointed from the workforce development council by that council.

Of the three members appointed from the workforce development council, one member shall represent management, one member shall represent labor, and the third shall represent the public. Of the two ex officio members, one shall be the president of the university and the other shall be the superintendent of education.

(b) Of the three members first appointed by each appointing authority, other than the chairperson of the board of education, one shall be appointed for two years, one shall be appointed for three years, and one shall be appointed for four years. In the case of the members appointed from the board of education, the terms of such members shall be for their remaining terms as members of the board of education. Upon the expiration of the terms of the first members, their successors shall serve for a term of four years. Vacancies shall be filled by the appropriate appointing authority for the unexpired term.

(c) The council shall elect a chairperson and such other officers as it deems necessary. Section 92-15 shall apply. The members of the council shall serve without compensation but shall be entitled to their travel expenses within the State when attending meetings of the council or when actually engaged in business relating to the work of the council. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-451 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-451
[ §302A-451] Student journalists; school-sponsored media.
Status: in_force

[ §302A-451] Student journalists; school-sponsored media. (a) A student journalist shall be allowed to exercise freedom of speech and freedom of the press in school-sponsored media and shall not be disciplined for acting in accordance with this section. A student journalist shall be responsible for determining the news, opinion, feature, and advertising content of school-sponsored media.

(b) Nothing in this section shall be construed to prevent a student media advisor from teaching professional standards of English language use and journalism to student journalists or determining grades and credit for those purposes.

(c) Nothing in this section shall be construed to authorize or protect student expression that:

(1) Is libelous or slanderous;

(2) Constitutes a clearly unwarranted invasion of personal privacy;

(3) Violates state or federal law;

(4) Is obscene; or

(5) So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of lawful school or board policies, or the material and substantial disruption of the orderly operation of the school; provided that the determination of a risk of material and substantial disruption shall be based upon specific facts, including past experience at the school and current events influencing student behavior, and not on undifferentiated fear or apprehension of disturbance.

(d) There shall be no prior constraint of material prepared for school-sponsored media except as provided in subsection (c). School officials shall have the burden of showing justification without undue delay before a limitation of student expression under this section and shall establish a reasonable period of review for material prepared for school-sponsored media. If the period of review elapses without a decision, the material prepared for school-sponsored media shall be considered authorized.

(e) No publication or other expression of material by student journalists in the exercise of rights under this section shall be deemed to be an expression of the school, board, or department. No state agency, member of the board, officer of the department, or employee of any agency or the board shall be held responsible in any civil or criminal action for the publication or other expression of material by student journalists in the exercise of rights under this section or the First Amendment of the United States Constitution.

(f) A student media advisor shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for:

(1) Acting to protect a student journalist engaged in conduct protected under this section or the First Amendment to the United States Constitution; or

(2) Refusing to infringe on conduct that is protected by this section or the First Amendment to the United States Constitution.

(g) The board shall adopt a written policy for the exercise of the right of student journalists to freedom of speech and freedom of the press in school-sponsored media in accordance with this section; provided that the policy shall include:

(1) Reasonable provisions for the time, place, and manner of distribution of student expression; and

(2) A procedure for the timely appeal of decisions made pursuant to this section.

(h) For the purposes of this section:

"School-sponsored media" means any material:

(1) Prepared, written, published, or broadcast in any media by a student journalist at a school;

(2) Distributed or generally made available, either free of charge or for a fee, to members of the student body; and

(3) Prepared under the direction of a student media advisor, regardless of whether the material is supported financially by the school or by use of facilities of the school or produced in conjunction with a class for which the student is enrolled.

"School-sponsored media" does not include material intended for distribution or transmission for classroom purposes only.

"Student journalist" means a student who determines, gathers, compiles, writes, edits, photographs, records, or prepares information or advertising for inclusion in school-sponsored media.

"Student media advisor" means an individual employed, appointed, or designated by a school to supervise or provide instruction relating to school-sponsored media. [L 2022, c 24, §3]
Haw. Rev. Stat. § 304A-304 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-304
[ §304A-304] Industry-recognized credentials; data collection.
Status: in_force

[ §304A-304] Industry-recognized credentials; data collection. (a) The board shall review annually the statewide data collection processes, reporting requirements, and business rules related to the student attainment of industry-recognized credentials. The board shall ensure consistent data collection and transparent reporting across relevant state educational systems and agencies. The board shall provide an annual report to the governor and the legislature on students' attainment of industry-recognized credentials.

(b) All state data collection processes, reporting requirements, and business rules shall support the collection of student-level data to include data that is disaggregated specifically for Hawaii's population, including but not limited to disaggregated data for Native Hawaiians and Pacific Islanders, of industry-recognized credential attainment .

(c) The board's annual report shall be published digitally and shall be made available to all relevant stakeholders, including students and families, educational institutions, educators, employers, and community members.

(d) As used in this section:

"Board" means the state board for career and technical education.

"Industry-recognized credential" means a credential recognized as having value to the holder of the credential in the labor market in Hawaii. [L 2021, c 163, §2]
Haw. Rev. Stat. § 304A-102 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-102
Purposes of the university.
Status: in_force

The purposes of the university are to give thorough instruction and conduct research in, and disseminate knowledge of, agriculture, mechanic arts, mathematical, physical, natural, economic, political, and social sciences, languages, literature, history, philosophy, and such other branches of advanced learning as the board of regents from time to time may prescribe and to give such military instruction as the board of regents may prescribe and that the federal government requires. The standard of instruction shall be equal to that given and required in similar universities on the mainland United States. Upon the successful completion of prescribed courses, the board of regents may confer a corresponding degree upon every student who becomes entitled thereto.
Haw. Rev. Stat. § 304A-2004 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2004
Special and revolving funds; expenditures in excess of appropriations.
Status: in_force

In any fiscal year if the amount of revenues deposited into a special or revolving fund of the university exceeds the amount appropriated from that fund for that year, the president may approve expenditures in excess of the amount appropriated, up to the amount by which revenues for that fund exceed the appropriations from that fund for a fiscal year.
Haw. Rev. Stat. § 302A-1609 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1609
Refunds of fees.
Status: in_force

[Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] If a fee in lieu is not expended within twenty years of the date of collection, the authority shall either:

(1) Refund to the developer, or the developer's successor in interest, the amount of the fee in lieu paid and any interest accrued thereon; or

(2) Recommit part or all of the fees for another twenty-year period for construction of new schools in the school impact district, as authorized by the developer or the developer's successor. [L 2007, c 245, pt of §2; am L 2010, c 188, §12; am L 2020, c 72, §7; am L 2021, c 217, §12; am L 2025, c 268, §7]
Haw. Rev. Stat. § 302D-12 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-12
Charter school governing boards; powers and duties.
Status: in_force

(a) No person may serve on the governing board of a charter school if the person is an employee or former employee of any charter school under the jurisdiction of that governing board, a relative of an employee or former employee of any charter school under the jurisdiction of that governing board, or any vendor or contractor providing goods or services to any charter school under the jurisdiction of that governing board, unless:

(1) The person is a former employee of a charter school under the jurisdiction of that governing board and at least one year has passed since the conclusion of the former employee's employment with that charter school;

(2) The person is a relative of a former employee of a charter school under the jurisdiction of that governing board and at least one year has passed since the conclusion of the former employee's employment with that charter school;

(3) The person is a vendor or contractor and at least one year has passed since the conclusion of the vendor or contractor's service to a charter school under the jurisdiction of that governing board; or

(4) The person serving on the governing board shall not cause more than one-third of the voting members of the governing board to be made up of:

(A) Employees or former employees of any charter school that is under the jurisdiction of that governing board; provided that this subparagraph shall not include persons who are covered under paragraph (1);

(B) Relatives of employees or of former employees of any charter school that is under the jurisdiction of that governing board; provided that this subparagraph shall not include persons who are covered under paragraph (2); and

(C) Vendors or contractors who are providing goods or services to any charter school that is under the jurisdiction of that governing board; provided that this subparagraph shall not include persons who are covered under paragraph (3).

(b) In selecting governing board members, consideration shall be given to persons who:

(1) Provide the governing board with a diversity of perspective and a level of objectivity that accurately represent the interests of the charter school students and the surrounding community;

(2) Demonstrate an understanding of best practices of nonprofit governance; and

(3) Possess strong financial and academic management and oversight abilities, as well as human resource and fundraising experience.

(c) No employee or former employee of a charter school, relative of an employee or former employee of a charter school, or any vendor or contractor providing goods or services to a charter school may serve as the chair of the governing board of that charter school unless at least one year has elapsed since the conclusion of the employee's employment with the school or the conclusion of a vendor's or contractor's service to the school; provided that an authorizer may grant an exemption from the provisions of this subsection based upon a determination by the authorizer that an exemption is in the best interest of the charter school.

(d) A nonprofit organization that has been approved by an authorizer to operate and manage a conversion charter school and serve as the conversion charter school's governing board shall establish the nonprofit organization's board of directors as the governing board and shall not be selected pursuant to subsections (a), (b), and (c); provided that:

(1) The nonprofit organization may also appoint advisory groups of community representatives for each conversion charter school managed by the nonprofit organization; provided that these groups shall not have governing authority over the conversion charter school and shall serve only in an advisory capacity to the nonprofit organization;

(2) The board of directors of the nonprofit organization, as the governing board of the conversion charter school that it operates and manages, shall have the same protections that are afforded to all other governing boards in its role as the conversion charter school governing body;

(3) Any conversion charter school that is managed and operated by a nonprofit organization shall be eligible for the same federal and state funding as other public schools; provided that nothing in this section shall prohibit a nonprofit organization from making a contribution toward the operation of a conversion charter school; and

(4) If, at any time, the board of directors of the nonprofit organization governing the conversion charter school votes to discontinue its relationship with the charter school as the charter contract holder, the conversion charter school's administrators, teachers, or community may submit a charter application to the authorizer, in accordance with section 302D-13 to continue as a conversion charter school without the participation of the nonprofit organization.

(e) Section 78-4 shall not apply to members of governing boards; provided that no governing board member shall be allowed to serve on more than two governing boards simultaneously. For purposes of this subsection, a governing board that governs more than one charter school shall be considered one board.

(f) The governing board shall be the independent governing body of its charter school and shall have oversight over and be responsible for the financial, organizational, and academic viability of the charter school, implementation of the charter, and the independent authority to determine the organization and management of the school, the curriculum, virtual education, and compliance with applicable federal and state laws. The governing board shall ensure its school complies with the terms of the charter contract between the authorizer and the school. The governing board shall have the power to negotiate supplemental collective bargaining agreements with the exclusive representatives of their employees.

(g) Governing boards and charter schools 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. Governing boards and charter schools are encouraged to use the provisions of chapter 103D wherever 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 to any other provision of chapter 103D.

(h) Charter schools and their governing boards shall be exempt from the requirements of chapters 91 and 92. The governing boards shall:

(1) Hold meetings open to the public;

(2) Post the notices and agendas of public meetings:

(A) At a publicly accessible area in the charter school's office so they are available for review during regular business hours; and

(B) On the charter school's internet website,

not less than six calendar days prior to the public meeting, unless a waiver is granted by the authorizer or authorizer's designee in the case of an emergency;

(3) Keep written minutes of all public meetings that shall include:

(A) The date, time, and place of the meeting;

(B) The members of the governing board recorded as either present or absent;

(C) The substance of all matters proposed, discussed, and decided;

(D) The views of the participants;

(E) A record, by individual member, of any votes taken; and

(F) Any other information that any member of the governing board requests be included or reflected in the minutes;

(4) Not be required to produce a full transcript or audio or video recording of any public meeting, unless otherwise required by law;

(5) Post the written minutes from public meetings:

(A) At a publicly accessible area in the charter school's office so the minutes are available for review during regular business hours; and

(B) On the charter school's internet website,

within sixty calendar days after the public meeting or five calendar days after the next public meeting, whichever is sooner; and

(6) Maintain a list of the current names and contact information of the governing board's members and officers:

(A) In the charter school's office so it is available for review during regular business hours; and

(B) On the charter school's internet website.

(i) All charter school employees and members of governing boards shall be subject to chapter 84.

(j) Governing boards shall be exempt from sections 26‑34 and 26-36. The State shall afford the governing board of any charter school the same protections as the State affords the board in accordance with section 26-35.5.

(k) For purposes of this section:

"Employees" shall include but not be limited to:

(1) The chief executive officer, chief administrative officer, executive director, or otherwise designated head of a charter school; and

(2) Any person under an employment contract to serve as the chief executive officer, chief administrative officer, executive director, or designated head of a charter school.

"Relative" means a spouse, fiance, or fiancee of the employee; any person who is related to the employee within four degrees of consanguinity; or the spouse, fiance, or fiancee of such person.

(l) Governing boards shall have the power to make and execute contracts and all other instruments necessary or convenient for the exercise of their duties and functions under this chapter. [L 2012, c 130, pt of §2; am L 2013, c 159, §7; am L 2014, c 99, §8; am L 2015, c 114, §4; am L 2016, c 113, §2]
Haw. Rev. Stat. § 305J-5 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-5
P owers and duties of the director.
Status: in_force

(a) The director shall:

(1) Unless otherwise provided by law, adopt, amend, and repeal rules pursuant to chapter 91 to carry out the purposes of this chapter;

(2) Adopt policies and procedures as necessary, without regard to chapter 91, for reauthorization pursuant to section 305J-10;

(3) Issue declaratory rulings or informal, nonbinding interpretations and conduct contested case proceedings pursuant to chapter 91;

(4) Grant, deny, confirm, forfeit, renew, reinstate, or restore authorizations, including provisional, conditional, probationary, or qualified authorizations;

(5) Revoke, suspend, condition, or otherwise limit the authorization of an institution for any violation of this chapter, applicable rules, or the Higher Education Act of 1965, as amended;

(6) Establish requirements for authorization in accordance with this chapter;

(7) Investigate and conduct hearings regarding any violation of this chapter, applicable rules, or the Higher Education Act of 1965, as amended;

(8) Create fact-finding committees, including the appointment of one or more advisory committees, which may assist the department and make recommendations for consideration;

(9) Contract with qualified persons, including investigative and legal staff, who may be exempt from chapter 76, to assist the director in exercising the director's powers and duties;

(10) Subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including communications through electronic media;

(11) Establish the types and amounts of fees that the department may assess in order to carry out the purposes of this chapter;

(12) Establish policies to require authorized institutions to submit to the department, upon request, data that is directly related to student enrollment and degree completion and, if applicable, student financial aid and educator preparation programs, which policies shall include a determination as to whether data received may be disclosed to the public;

(13) Establish policies and procedures for the handling of proprietary information;

(14) Enter into any post-secondary education authorization reciprocity agreement with other post-secondary educational authorizers of schools whose home state is not Hawaii pursuant to section 305J-16;

(15) Grant a temporary waiver of the requirement for accreditation if the director finds there is good cause and it is necessary for the protection of students facing imminent financial hardship; and

(16) Do any and all things necessary or incidental to the exercise of the director's powers and duties.

(b) The director may cooperate with the federal government to qualify the State to receive funds made available under the Higher Education Act of 1965, P.L. 89-329, as amended from time to time . I n addition , the department may serve as the state agency for the receipt of federal funds when federal legislation dealing with higher education or post-secondary education requires, as a condition of the receipt of federal funds, the designation of a state agency that is broadly representative of the general public and of post-secondary education in the State and when agencies other than the department may not qualify.

(c) No funds appropriated by the legislature may be used to aid a person attending an institution not owned or exclusively controlled by the State or a department of the State or to pay for any staff work distributing federal or private funds to students attending such schools. The maximum amount of any grant awarded under the Hawaii state incentive grant program shall be equal to the maximum allowed by federal law.

(d) The department , when appropriate and necessary, may be assisted by other state agencies, including but not limited to the University of Hawaii system and the department of education.

(e) The director, acting through the department of the attorney general, may proceed by injunction against any violation of this chapter, but an injunction proceeding or an order issued therein or as a result thereof shall not bar the imposition of any other penalty for a violation of this chapter. [L 2013, c 180, pt of §2; am L 2017, c 4, §3]
Haw. Rev. Stat. § 302C-1 — HI Code / Division 1 / Title 18 / Chapter 302C / Section 302C-1
Employees of private schools; criminal history record checks.
Status: in_force

(a) Private schools shall develop procedures for obtaining verifiable information regarding the criminal history of persons who are employed or are seeking employment in positions that place them in close proximity to children. These procedures shall include criminal history record checks in accordance with section 846-2.7. The private school and designated organization shall establish safeguards and procedures to protect against inadvertent or inappropriate disclosure of information obtained under this section. The fee charged by the Hawaii criminal justice data center to perform criminal history record checks may be passed on to the applicant for employment by the private school or designated organization.

(b) Information obtained pursuant to this section shall be used exclusively by the private school or designated organization for the purpose of determining whether a person is suitable for working in close proximity to children. All decisions shall be subject to federal laws and regulations currently or hereafter in effect.

(c) Private schools may refuse to employ or may terminate the employment of an employee or applicant for employment if the person has been convicted of an offense for which incarceration is a sentencing option, and if the private school 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 or termination may occur only after appropriate investigation, 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.

(d) The State, the Hawaii criminal justice data center, and their respective officers and employees, shall be immune from civil liability for any official act, decision, or omission performed pursuant to this section that is not the result of gross negligence or wilful misconduct. The State, the Hawaii criminal justice data center, and their respective officers and employees shall be immune from civil liability for any act, decision, omission to act or decide, or use of the information by any private school or designated organization authorized to receive or who receives information pursuant to this section.

(e) This section shall not be used by private schools to secure criminal history record checks on persons who have been employed continuously by the private school on a salaried basis prior to July 1, 2000.

(f) As used in this section:

"Designated organization" means a private organization that receives criminal history record check information from the Hawaii criminal justice data center on behalf of private schools. [L 2003, c 95, pt of §4]

Revision Note

Enacted as an addition to chapter 302A, this section is designated as a new chapter pursuant to §23G-15.
Haw. Rev. Stat. § 302A-852 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-852
Teenage health program.
Status: in_force

The department, in cooperation with the department of health, may establish a statewide teenage health program designed to enhance self-esteem, facilitate communication between students and their parents, incorporate ho‘oponopono techniques in group discussions, expand peer counseling efforts, and provide more counseling opportunities. In implementing this program, the department shall strive to respect and include the diverse needs and values of parents and teenagers served by the program.
Haw. Rev. Stat. § 304A-1403 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1403
Clinical training and practice; board of regents; power to contract.
Status: in_force

The board of regents may enter into contracts with any hospital or similar institution, in the State, for the purpose of arranging for clinical training and practice therein for students of the school of nursing and dental hygiene.
Haw. Rev. Stat. § 312-3.8 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-3.8
Use of public library facilities.
Status: in_force

(a) Notwithstanding any law to the contrary, the head librarian of each library branch may request the issuance of licenses, revocable permits, concessions, or rights of entry to:

(1) The Friends of the Library of Hawaii;

(2) Affiliates of the Friends of the Library of Hawaii, through and with approval of the Friends of the Library of Hawaii; and

(3) Any tax-exempt nonprofit organization recognized by the Internal Revenue Service under section 501(c)(3) of the Internal Revenue Code whose primary purpose is to support a state library branch,

for the use of public library system facilities and grounds, with the approval of the state librarian, in consultation with the board of education, for such periods of use as deemed appropriate by the state librarian. The state librarian shall administer any licenses, revocable permits, concessions, or rights of entry issued pursuant to this section. All such dispositions, including those in excess of fourteen days, need not be approved by the board of land and natural resources; provided that approval by the board of land and natural resources shall be required when such dispositions are for periods in excess of one year.

(b) Notwithstanding any law to the contrary, all net proceeds received by the Friends of the Library of Hawaii from the operation of any concession, vending machine, or other activity through a state-wide contract within, or on the grounds of, any state library facility shall be deposited into the friends of the library of Hawaii program fund. All funds deposited into the program fund, including income and capital gains earned therefrom, shall be used exclusively for state library programs.

(c) Notwithstanding any law to the contrary, all net proceeds received by the Friends of the Library of Hawaii, an affiliate of the Friends of the Library of Hawaii, or any nonprofit organization from the operation of any concession, vending machine, or other activity within, or on the grounds of, any state library facility shall be deposited into an account in a federally insured financial institution, with such account being held in that organization's name and controlled exclusively by that organization, which shall have sole authority and discretion in the disbursement of its funds. All funds deposited into the account, including income and capital gains earned therefrom, shall be used exclusively for the state library or libraries that the Friends of the Library of Hawaii, affiliate of the Friends of the Library of Hawaii, or nonprofit organization is organized to support.

(d) No later than September 30 of each year, the Friends of the Library of Hawaii and any nonprofit organization that has been issued a license, revocable permit, concession, or right of entry for the use of state public library system facilities and grounds shall submit to the state librarian an annual financial statement. The annual financial statement shall include:

(1) The name and address of any financial institution in which the net proceeds from the operation of any concession, vending machine, or other activity within, or on the grounds of, any state library facility were deposited and held;

(2) The name of any account, account number, and balance of all such accounts;

(3) A reasonable description of deposits into the account; and

(4) A reasonable description of withdrawals and disbursements including how the withdrawals and disbursements were used to support the appropriate state library.

The annual financial statement of the Friends of the Library of Hawaii shall include the financial statements, satisfying the criteria set forth above, of all of its affiliates that were issued a license, revocable permit, concession, or right of entry for the use of state library system facilities and grounds.

(e) The Friends of the Library of Hawaii, affiliates of the Friends of the Library of Hawaii, and any nonprofit organization that receives net proceeds from the operation of any concession, vending machine, or other activity within, or on the grounds of, any state library facility shall keep true and accurate records as to their activities in a form that will accurately provide support for the information required by this section. Upon demand, the records shall be made available to the state librarian for inspection. Records shall be retained for a period of not less than five years.

(f) The state librarian shall, upon ten days notice, revoke any license, permit, concession, or right of entry issued if the Friends of the Library of Hawaii, any affiliate of the Friends of the Library of Hawaii, or any tax-exempt nonprofit organization recognized by the Internal Revenue Service under section 501(c)(3) of the Internal Revenue Code whose primary purpose is to support a state library branch fails to comply with any provision of this section, including the submission of an annual financial statement. The state librarian may, at the state librarian′s discretion, in consultation with the board of education, re-issue a license, permit, concession, or right of entry upon compliance with this section.

(g) For purposes of this section:

"Affiliate of the Friends of the Library of Hawaii" means any organization or entity that enters into a written agreement with the Friends of the Library of Hawaii to be an affiliate. The affiliate is not required to be recognized by the Internal Revenue Service as a tax-exempt nonprofit organization.

"Net proceeds" means all revenue generated from the operation of any concession, vending machine, or other activity within, or on the grounds of, any state library facility minus the costs incurred in generating those revenues, including but not limited to payments to third-party vendors and any expenses associated with operating the organization.

(h) The board of education may adopt rules pursuant to chapter 91 to carry out the purpose of this section. [L 1994, c 57, §1; am L 2001, c 106, §1; am L 2012, c 308, §4; am L 2018, c 171, §4]
Haw. Rev. Stat. § 302A-415 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-415
Motor vehicles for driving instruction; purchase and sale.
Status: in_force

The department may enter into agreements with any dealer or company for the purchase of motor vehicles for driving instruction in the public schools if the agreements provide that the department pay $1 for each motor vehicle, take title thereto in the name of the State, and agree to resell it to the seller for $1 within sixty days following the last day of the school year. In the event of the seller's failure to repurchase, the department may retain the motor vehicle or dispose of it in accordance with rules adopted under chapter 91.
Haw. Rev. Stat. § 312-3.3 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-3.3
Reallocation of vacant positions.
Status: in_force

The state librarian shall promote innovative, efficient, and effective management, without regard to the position variance requirements of the department of budget and finance, and may:

(1) Reallocate existing vacant positions throughout the public library system;

(2) Directly authorize and implement internal reorganization actions; and

(3) Create temporary positions as necessary; provided that:

(A) The expenditures of the public library system shall not exceed its allocated budget;

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

(C) The state librarian shall report the creation of temporary positions to the department of budget and finance. [L 1996, c 196, §1; am L 1999, c 130, §2; am L 2001, c 108, §2]
Haw. Rev. Stat. § 304A-3253 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3253
Director; duties.
Status: in_force

The center shall be headed by a director, who need not be full-time, depending upon the extent of the requests for research assistance and for carrying out the other specified functions of the center. The director shall not be subject to chapter 76.

The director shall:

(1) Administer funds allocated for the center;

(2) Be authorized to accept, disburse, and allocate funds that become available from other governmental and private sources; and

(3) Submit an annual report of the center's operations, including recommendations, to the governor and legislature prior to January 1 of each year. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-3154 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3154
Cooperation with other state agencies.
Status: in_force

The commission may be assisted by other state agencies, including but not limited to the university, the department of education, and the department of commerce and consumer affairs.
Haw. Rev. Stat. § 304A-1503 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1503
Encouragement of federal assistance.
Status: in_force

The governor, the president, and the board of regents are authorized and requested to take any appropriate action to secure federal assistance in strengthening the geophysics and planetology institute.
Haw. Rev. Stat. § 319-4 — HI Code / Division 1 / Title 18 / Chapter 319 / Section 319-4
Contract administration.
Status: in_force

The department shall seek the assistance of WICHE for the administration of contracts and agreements entered into under this plan.
Haw. Rev. Stat. § 305J-20 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-20
[ §305J-20] Candidates for accreditation; requirements; sanctions.
Status: in_force

[ §305J-20] Candidates for accreditation; requirements; sanctions. (a) A candidate for accreditation shall:

(1) Provide an accreditation plan that, at a minimum, identifies an accrediting agency recognized by the United States Department of Education from which the candidate will seek accreditation, covers the offering of at least one degree program, and outlines the process by which the candidate will achieve accreditation;

(2) Provide all additional documentation the department deems necessary to determine if the candidate for accreditation will become fully accredited within five years of its provisional authorization to operate. Additional documentation may include financial statements as required by the accrediting agency, documentation of accrediting agency's required accreditation applicant workshop and a self-evaluation report;

(3) Provide written notification to students, prior to the execution of any student enrollment agreement, that the approval to offer a degree program is contingent upon the candidate for accreditation being subsequently accredited. The student and the candidate's representative shall initial and date the notice prior to executing any enrollment agreement. An initialed copy of the notice shall be given to the student and the original shall be retained in the enrolled student's records;

(4) Provide written disclosures in the candidate's catalog, website, and brochures that the candidate's approval to offer a degree program is contingent upon the candidate being subsequently accredited;

(5) Pay an annual fee of $5,000; and

(6) File with the director a surety bond in favor of the State in the amount of $50,000. The surety bond shall be executed by the candidate for accreditation as the principal and by a surety company authorized to do business in the State and shall run concurrently with the provisional authorization period and any period of reauthorization, unless terminated or canceled by the surety company. The surety bond shall be conditioned as follows: That the candidate for accreditation shall satisfy all claims of any student or enrollee of the candidate for accreditation, or of any parent or legal guardian of a student or enrollee of the candidate for accreditation, whom the director finds to have suffered a loss of tuition or fees as a result of an act or practice that is a violation of this chapter.

(b) If a candidate for accreditation ceases operation, the director may make demand on the surety bond upon the claim for a refund by a student or the parent or legal guardian of a student, and the surety on the surety bond shall pay the claim in a timely manner. The student or a parent or legal guardian of the student who claims loss of tuition or fees as a result of the cessation of operations of a candidate for accreditation may file a claim with the department if the claim results from an act or practice that violates this chapter. If the amount of the surety bond is less than the total prepaid, unearned tuition and fees that have been paid by students at the time that the candidate for accreditation ceases operation, the department shall prorate the amount of the surety bond among the students. This subsection shall apply only to those students enrolled at a candidate for accreditation at the time it ceases operation.

(c) A candidate for accreditation that is no longer covered by a surety bond as required by this section or that fails to obtain accreditation within the required time frame with no extension of time for good cause shall have its provisional authorization automatically suspended pursuant to section 305J-12(a) and shall immediately cease enrolling new students.

(d) A candidate for accreditation's failure to reinstate a suspended provisional authorization within sixty days of suspension shall result in the revocation of the authorization, and the candidate shall forfeit all fees. The candidate shall provide written notice to all students within thirty days following the date of revocation.

(e) A candidate for accreditation that fails to obtain accreditation within the required time frame or that elects to stop pursuing accreditation shall refund students for any classes students are currently enrolled in or have not yet completed and shall comply with any applicable rules, policies, and procedures for closures of institutions or transition to a non-accredited status.

(f) Any candidate for accreditation that violates this chapter may be subject to one or more of the sanctions provided by section 305J-11(c). [L 2017, c 4, §1]
Haw. Rev. Stat. § 304A-2275 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2275
University parking revolving fund.
Status: in_force

There is established the university parking revolving fund. All fees, fines, or other moneys collected under subpart B of part VI shall be deposited into this fund. All moneys in the fund are hereby appropriated for the purposes of, and shall be expended by the board of regents in the manner specified by, section [304A-2167.5].
Haw. Rev. Stat. § 302L-9 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-9
Hawaii early childhood educator stipend program.
Status: in_force

(a) There is established the Hawaii early childhood educator stipend program to be administered by the office to address the shortage of early childhood educators who have coursework in early childhood education.

(b) An individual shall be eligible for stipend consideration if the individual:

(1) Is enrolled at a University of Hawaii campus or in a University of Hawaii program and qualifies for Hawaii resident tuition; and

(2) Is enrolled in a certificate, degree, or license program in early childhood education, including those in the Hawaiian language medium, which includes courses required for the respective program of study, within the University of Hawaii system.

(c) Immediately following completion of a certificate, degree, or license program pursuant to subsection (b), stipend recipients shall provide early care and education services directly to children from birth through five years of age for at least two consecutive years in one of the early learning systems described in section 302L-2, including Hawaiian language medium and Hawaiian immersion settings and early learning settings at charter schools.

(d) If the recipient fails to complete a certificate, degree, or license program pursuant to subsection (b), or to satisfy the work requirements of subsection (c), stipend funds shall be repaid as follows:

(1) For each year less than the designated number of years that a stipend recipient does not meet the work requirements of subsection (c), the recipient shall repay a proportionate percentage of the total stipend funds received; and

(2) The repayment shall be subject to the terms and conditions set by the office for stipend repayment, including circumstances under which recipients may be eligible for deferment or forgiveness due to hardship or inability to secure employment, as well as potential for fees for the collection of delinquent repayment.

(e) Beginning on July 1, 2023, stipend funds repaid by a stipend recipient pursuant to subsection (d) shall be deposited into the early learning special fund established pursuant to section 302L-5 .

(f) The office may accept federal funds to support the Hawaii early childhood educator stipend program.

(g) In accordance with chapter 103D, the office may enter into written contracts with collection agencies to collect delinquent repayment of stipends owed to the office pursuant to subsection (d). A collection agency that enters into a written contract with the office to collect delinquent stipend repayments pursuant to this section may collect a fee from the debtor in accordance with the terms of, and up to the amounts authorized in, the written contract.

(h) The office may adopt rules pursuant to chapter 91 to implement and administer the stipend program, including the terms of repayment pursuant to subsection (d). [L 2021, c 210, pt of §2 ; am L 2025, c 56, §1]
Haw. Rev. Stat. § 304A-3008 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3008
Dissolution.
Status: in_force

In the event of the dissolution of the research corporation, all of its property, real, personal, and mixed and wheresoever situated, shall vest immediately and absolutely in the university, and none of its property shall inure to the benefit of any officer, director, or member of the research corporation.
Haw. Rev. Stat. § 302A-1506.2 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1506.2
Property acquisition, use, and disposition.
Status: in_force

(a) The department may acquire or contract to acquire by grant or purchase any real, personal, or mixed property or any interest therein for its immediate or future use for public educational purposes, including lease revenues; and own, hold, improve, and rehabilitate any real, personal, or mixed property acquired, and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same; provided that the department shall incur all fees and costs associated with, and for, the subdividing of the land.

(b) The department may by itself, or in partnership with qualified persons, acquire, construct, reconstruct, rehabilitate, improve, alter, or repair any infrastructure or accessory facilities in connection with any project; and own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project.

(c) The department may lease or rent all or a portion of any real property acquired for public educational purposes and establish and revise the rents or charges therefor. The department shall not sell any property, real or personal, or any interest therein, except to a government entity.

(d) The department may insure or provide for the insurance of its property or operations against risks as it deems advisable.

(e) For purposes of this section:

"Land" or "property" includes vacant land or land with site improvements, whether partially or entirely finished in accordance with governmental subdivision standards, or with complete dwellings.

"Public educational purposes" includes any use of the property, including revenue generation, that would benefit the department's mission to provide public education to students in the State.

"Real property" includes lands, land under water, structures, and any agreed upon easements, franchises, and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise. [L 2018, c 210, §3]
Haw. Rev. Stat. § 302A-1314 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1314
Hawaii 3Ts school technology laboratories fund.
Status: in_force

(a) There is established the Hawaii 3Ts school technology laboratories fund (hereinafter, "fund") as a separate fund of the Economic Development Alliance of Hawaii Inc., a Hawaii nonprofit organization. Moneys received from the state, county, or federal government, private contributions of cash or other property, and the income and capital gains earned by the fund shall constitute its assets.

(b) The Economic Development Alliance of Hawaii Inc. shall expend moneys in the form of either grants to organizations or contracts with private vendors from the fund for the establishment and maintenance of technology laboratories in public schools in Hawaii. Such expenditures shall be in accordance with this section, and consistent with the criteria and recommendations of the Hawaii 3Ts school technology laboratories board.

(c) The fund may receive contributions, grants, endowments, or gifts in cash or otherwise from all sources, including corporations or other businesses, foundations, government, individuals, and other interested parties. The legislature intends that the public and private sectors work together as partners in securing contributions for the fund, and that the Economic Development Alliance of Hawaii Inc., through its Hawaii 3Ts project, assist the public and private sectors in reviewing and investigating all potential funding sources. The State may appropriate moneys to the fund; provided that any appropriations made by the State are not intended to supplant the funding of any existing public school programs for the establishment and maintenance of school technology laboratories.

(d) The Economic Development Alliance of Hawaii Inc. shall appoint the members of the Hawaii 3Ts school technology laboratories board, which shall be responsible for:

(1) Soliciting and otherwise raising moneys for the fund;

(2) Establishing criteria for proposals to be funded and the expenditure of funds;

(3) Reviewing grant proposals utilizing criteria established by Hawaii 3Ts school technology laboratories board; and

(4) Making recommendations for grants and other specific expenditures to the Economic Development Alliance of Hawaii Inc.

Members of the advisory board shall be stakeholders in Hawaii's public education and workforce development entities, including students and parents, teachers and principals, business and community leaders, representatives from the county economic development boards, and representatives from the department of education, the department of business, economic development, and tourism, and the department of accounting and general services, who shall be represented on the advisory board.

(e) In managing the moneys in the fund, the Economic Development Alliance of Hawaii Inc. shall exercise ordinary business care and prudence given the facts and circumstances prevailing at the time of action or decision. In doing so, the Economic Development Alliance of Hawaii Inc. shall consider its long-term and short-term needs in carrying out its purposes, its present and anticipated financial requirements, expected total return on its investments, price trends, and general economic conditions.

(f) There may be an endowment component of the fund.

(g) The use of any state moneys may be restricted by the legislation appropriating these moneys to the fund.

(h) The Economic Development Alliance of Hawaii Inc. is authorized to expend the principal from the fund for the purposes of the fund.

(i) Any organization submitting a proposal to the Economic Development Alliance of Hawaii Inc. for fund moneys shall meet all of the following standards at the time of applications:

(1) Be a for-profit organization duly registered under the laws of the State, or be a nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax, or be an agency of the State or a county;

(2) In the case of a nonprofit organization, have a governing board whose members have no material conflict of interest and serve without compensation;

(3) In the case of an applicant that is not a state or county government agency, have 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;

(4) Have experience with the project or in the program area for which the proposal is being made; and

(5) Be licensed and accredited, as applicable, in accordance with the requirements of federal, state, and county governments.

(j) All proposals approved by the Hawaii 3Ts school technology laboratories board and for which the Economic Development Alliance of Hawaii Inc. intends to provide fund moneys shall be approved by the director of business, economic development, and tourism for consistency in meeting the purposes of this section.

(k) Organizations or agencies to which fund moneys are awarded shall agree to comply with the following conditions before receiving the award:

(1) Employ or have under contract persons qualified to engage in the activity to be funded;

(2) Comply with applicable federal, state, and county laws; and

(3) Comply with any other requirements prescribed by the Economic Development Alliance of Hawaii Inc. to ensure adherence by the recipient of the award with applicable federal, state, and county laws and with the purposes of this section.

(l) Chapter 103D shall not apply to organizations or agencies that apply for grants or contracts under this section; provided that the Economic Development Alliance of Hawaii Inc. shall be held accountable for the use of the funds under a contract with the department of business, economic development, and tourism.

(m) Any contracts awarded by the Economic Development Alliance of Hawaii Inc. shall be made under as much competition as practical to execute its purposes.

(n) The fund shall be audited annually by an independent auditor retained by the Economic Development Alliance of Hawaii Inc. The auditor's report of each annual audit shall be submitted to the department of business, economic development, and tourism not later than thirty days from the date the audit report is received by the Economic Development Alliance of Hawaii Inc. In addition, the Economic Development Alliance of Hawaii Inc. shall retain for a period of three years, and permit the department of accounting and general services, the department of education, the department of business, economic development, and tourism, state legislators, and the auditor, or their duly authorized representatives, to inspect and have access to, any documents, papers, books, records, and other evidence that is pertinent to the fund.

(o) The fund shall not be placed in the state treasury, and the State shall not administer the fund, nor shall the State be liable for the operation or solvency of the fund, the Economic Development Alliance of Hawaii Inc., or Hawaii 3Ts.

(p) For every dollar granted to a recipient by the fund, a minimum of 50 cents in value shall be from private, federal, county, or community sources.

(q) For purposes of this section, "school technology laboratory" means a multi-station computer laboratory that offers students a variety of different types of hardware and software applications.

[(r)] The Economic Development Alliance of Hawaii Inc. shall submit an annual report for approval by the director of business, economic development, and tourism on the progress of the Hawaii 3Ts school technology laboratories fund by December 1 of each year. The director of business, economic development, and tourism shall transmit the report along with comments from the department of business, economic development, and tourism to the legislature no later than twenty days prior to the convening of each regular session. [L 2004, c 218, §§2, 3]

Revision Note
Haw. Rev. Stat. § 302A-1305 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1305
Inactive student activity accounts.
Status: in_force

Student activity funds that are left in the school for a period of five years after the graduation of the class shall be deposited into the nonappropriated local school fund account unless the graduating class donates, in writing, the funds to the school within the five-year period. Moneys in the nonappropriated local school fund account may be used by the school.
Haw. Rev. Stat. § 302A-1124 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1124
Mandate to initiate school community councils.
Status: in_force

(a) The department, through the board and its superintendent, shall establish a school community council system under which each public school, excluding charter schools, shall create and maintain a school community council. Each school community council shall:

(1) Review and evaluate the school's academic plan and financial plan, and either recommend revisions of the plans to the principal, or recommend the plans for approval by the complex area superintendent;

(2 ) E nsure that the school's academic and financial plans are consistent with the educational accountability system under section 302A-1004;

(3) Participate in principal selection and evaluation, and transmit any such evaluations to the complex area superintendent; and

(4) Provide collaborative opportunities for input and consultation.

(b) School community councils shall be exempt from the requirements of chapters 91 and 92. The school community councils shall:

(1) Make available the notices and agendas of public meetings:

(A) At a publicly accessible area in the school's administrative office so as to be available for review during regular business hours; and

(B) On the school's internet web site,

not less than six calendar days prior to the public meeting, unless a waiver is granted by the superintendent in the case of an emergency; and

(2) Make available the minutes from public meetings on a timely basis in:

(A) The school's administrative office so as to be available for review during regular business hours; and

(B) On the school's internet web site.

(c) Complex area superintendents may require revisions to a school's academic and financial plans if the plans are in violation of law or conflict with statewide educational policies and standards, or are otherwise in the best interests of the school.

(d) The superintendent of education may recommend to the board of education dissolution of a school community council and establish an interim school community council if the school community council engages in any act or omission that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct. The superintendent may recommend to the board the removal of any member of a school community council. The superintendent shall appoint or facilitate the creation of an interim school community council at any school that has not established a council or has had its council dissolved. In appointing or facilitating the creation of an interim school community council at any school that has had its council dissolved, the superintendent may appoint individuals who were previously members of the council.

(e) Unless otherwise specified, each school community council shall establish policies governing the council's composition, election, staggered terms of office for members, operation, and vacancies; provided that:

(1) The number of school personnel [on] any school community council shall be equal to the number of primary stakeholders on the school community council;

(2) At the elementary and middle school levels, each school community council shall be composed of the principal and at least one member representing each of the following groups:

(A) Parents elected by ballots distributed among and collected from the parents of the school’s students;

(B) Teachers elected by ballots distributed among and collected from teachers of the school;

(C) Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

(D) Community representatives elected by ballots distributed among and collected from parents of the school's students; and

(E) Student representatives selected by the student council of the school; and

(3) At the high school level, each school community council shall be composed of the principal and at least one member representing each of the following groups:

(A) Parents elected by ballots distributed among and collected from parents of the school’s students;

(B) Teachers elected by ballots distributed among and collected from teachers of the school;

(C) Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

(D) Community representatives elected by ballots distributed among and collected from the parents of the school's students; and

(E) Student representatives selected by the student council of the school.

For the purposes of this subsection, "primary stakeholders" means students, parents, and community members.

(f) School community councils shall elect officers, including:

(1) A chairperson;

(2) A vice-chairperson;

(3) A secretary; and

(4) Other officers as needed to perform stated duties in support of the work of the council.

(g) The principal shall have the authority to set aside any decision made by the school community council if the principal determines it to be in the best interests of the school; provided that the principal notifies the school community council. If the school community council opposes a decision of the principal, an appeal shall first be brought to the complex area superintendent for resolution and, if necessary, to the superintendent and, finally, to the board of education.

(h) Complex area superintendents shall assist the school community councils and principals within their respective complex areas in:

(1) Obtaining the support and services of the department; and

(2) Ensuring the progress and success of the school's academic and financial plan. [L 1996, c 89, pt of §2; am L 2004, c 51, §25 and c 221, §11; am L 2005, c 174, §1; am L 2006, c 298, §11]
Haw. Rev. Stat. § 304A-1894 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1894
REPEALED.
Status: in_force

L 2007, c 253, §8; L 2012, c 151, §1.
Haw. Rev. Stat. § 302A-1135 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1135
Penalty.
Status: in_force

If any child of school age persists in absenting oneself from school, the family court judge, upon a proper petition, citation, or complaint being made by the schoolteacher or any other officer or agent of the department, or police officer, or any other person, shall cause the child, and the father or mother, guardian, or other person having charge of the child, to be summoned to appear before the judge. Upon its being proved that the person responsible for the child had not used proper diligence to enforce the child's regular attendance at school, the responsible party shall be guilty of a petty misdemeanor. This section shall not apply to any child not liable to compulsory attendance at school.
Haw. Rev. Stat. § 304A-704 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-704
Rules governing Hawaii educator loan program revolving fund.
Status: in_force

The university may adopt rules to implement the Hawaii educator loan program. The rules shall be adopted pursuant to chapter 91 but shall be exempt from the public notice and public hearing requirements.
Haw. Rev. Stat. § 304A-2174 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2174
and 304A-2175 REPEALED.
Status: in_force

L 2015, c 106, §§12, 14.
Haw. Rev. Stat. § 302A-642 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-642
[ §302A-642] Asthma training.
Status: in_force

[ §302A-642] Asthma training. (a) The department may develop and provide asthma training to teachers and other department employees who interact with students. Any training provided under this section shall include recognizing the symptoms of asthma and asthma management.

(b) The department may allow parents and guardians of students and any other department employee to attend the training at no cost.

(c) The department may set the standards and frequency for the training and may coordinate as necessary with any public or private entity to provide the training provided under this section.

(d) The department may use existing educational and training resources available in the public and private sectors when developing the training provided under this section. [L 2022, c 147, §3]
Haw. Rev. Stat. § 302A-1316 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1316
[ §302A-1316] Maintenance of geographically disadvantageous land; expenditure of school funds; prohibited.
Status: in_force

[ §302A-1316] Maintenance of geographically disadvantageous land; expenditure of school funds; prohibited. (a) Notwithstanding any law to the contrary, a public school shall not be required by the department of education to expend any school funds to maintain any geographically disadvantageous land on or adjacent to its property.

(b) As used in this section:

"Geographically disadvantageous land" includes rough terrain and streams.

"Rough terrain" means land that is uncultivated, undeveloped, and unsuitable for educational purposes and that may be covered by scrub or boulders.

"Stream" means natural, altered, or improved channels that have seasonal or continuous water flows as a result of either surface stormwater runoff or groundwater influx, or both. Streams include channels, streambeds, stream banks, drainage ways, and stream mouths. [L 2019, c 116, §2]
Haw. Rev. Stat. § 304A-2682 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2682
Revenue bond anticipation notes.
Status: in_force

In anticipation of the issuance under this subpart of revenue bonds and of the receipt of the proceeds of sale of revenue bonds, the board may issue and sell, without further authorization or approval, bond anticipation notes for the purposes for which the revenue bonds have been authorized, the maximum principal amount of which notes shall not exceed the authorized principal amount of the revenue bonds. The notes shall be payable from and secured by the proceeds of the sale of the bonds in anticipation of which the notes are issued, or the revenues of the university from which would be payable and by which the revenue bonds would be secured, or any combination thereof; provided that to the extent the principal of the notes is paid from moneys other than the proceeds of sale of the revenue bonds, the maximum amount of revenue bonds in anticipation of which the notes are issued that has been authorized shall be reduced by the amount of the notes paid in such manner. The issuance of the notes and the details thereof shall be governed by this subpart with respect to revenue bonds insofar as applicable; provided that:

(1) Each note, together with all renewals and extensions thereof, or refunds thereof by other notes issued under this section, shall mature within five years from the date of the original note; and

(2) The notes may be sold at public or private sale, as the board may determine. [L 2007, c 161, pt of §1]
Haw. Rev. Stat. § 304A-2687 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2687
Validation of proceedings.
Status: in_force

All proceedings taken with respect to the contracting of revenue bonded indebtedness and the issuance, sale, execution, and delivery of revenue bonds by the board are deemed validated, ratified, approved, and confirmed, notwithstanding any defects or irregularities in any proceedings or in the issuance, execution, sale, or delivery. The revenue bonds so issued or to be issued are and shall be valid obligations of the board.
Haw. Rev. Stat. § 302A-628 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-628
Change in classification.
Status: in_force

Any teacher who qualifies for a higher class shall be transferred to the higher class as of the beginning of the next semester and shall receive the salary at the appropriate step and range of the higher class.
Haw. Rev. Stat. § 302A-414 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-414
Courses for instructors in driver education.
Status: in_force

(a) The department shall be responsible for conducting approved courses for instructors in driver education and training.

(b) The department shall certify any person who satisfactorily completes a course for instructors in driver education and training as provided in subsection (a). [L 1996, c 89, pt of §2]
Haw. Rev. Stat. § 305J-8 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-8
Authorization to operate in the State; private college or university.
Status: in_force

(a) T o operate in the State, a private college or university shall :

(1) Be party to a reciprocity agreement to which the State is a member; or

(2) Apply for, on a form prescribed by the department, and receive authorization from the director; provided that the private college or university meets the requirements of section 305J-14; provided further that a private college or university shall apply for and obtain a separate authorization for each campus, branch, or site that is separately accredited. A separate authorization shall not be required for additional professional accreditations. A private, nonprofit college or university shall submit verification of its nonprofit status with its application.

(b) Upon receiving an application for authorization, the director shall review the application to confirm that the private college or university is accredited. The director shall not approve an application from a private college or university that, in the two years preceding submission of the application , h as:

(1) Had its accreditation suspended or withdrawn;

(2) Been prohibited from operating in another state; or

(3) Substantially the same owners, governing board, or principal officers as a private college or university that has:

(A) Had its accreditation suspended or withdrawn; or

(B) Been prohibited from operating in another state.

(c) To operate in the State, a private college or university shall be accredited on the basis of an on-site review; provided that a candidate for accreditation seeking authorization to operate may be issued a provisional authorization to operate on an annual basis without accreditation subject to a determination by the director that issuance is in accordance with administrative rules, policies, or procedures adopted by the director. A candidate for accreditation may annually renew its provisional authorization for a period not to exceed five years, unless an extension is granted by the director for good cause.

(d) A private college or university shall notify the department within thirty days of any material information related to an action by the institution's accrediting body concerning the institution's accreditation status, including but not limited to reaffirmation or loss of accreditation, approval of a request for change, a campus evaluation visit, a focused visit, or approval of additional locations. In addition, the institution shall immediately notify the department if the institution's accrediting body is no longer recognized by the United States Department of Education.

(e) A private college or university under the jurisdiction of the department shall notify the department at least one year prior to its ceasing of operations in the State.

( f ) A private college or university authorized pursuant to this chapter shall pay any and all fees established pursuant to section 305J- 18 . [L 2013, c 180, pt of §2 ; am L 2017, c 4, §4 ]
Haw. Rev. Stat. § 305J-2 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-2
Definitions.
Status: in_force

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

"Accredited" means holding an institutional accreditation by name to offer post-secondary education as a United States-based institution from a regional or national accrediting agency recognized by the United States Department of Education .

"Alternative enrollment" means the opportunity for a student enrolled in a private college or university that ceases operation to meet the student's educational objectives through education provided by another authorized private college or university, the University of Hawaii system, an area vocational school, or any other educational arrangement acceptable to the director .

"Authorization" means the authorization granted to a private college or university, seminary, or religious training institution as provided in this chapter and any applicable rules and policies. Authorization is not an endorsement by the department.

" Candidate for accreditation " or "candidate" means a degree-granting institution that has submitted an application for accreditation to a regional or national accrediting agency recognized by the United States Department of Education; provided that the application has been accepted pursuant to the accrediting agency's application requirements and is pending approval by the accrediting agency.

"Degree" means a statement, diploma, certificate, or other writing in any language that indicates or represents, or is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed a prescribed course of study in a particular field of endeavor or that the person named thereon has demonstrated proficiency in a field of endeavor as a result of formal preparation or training.

"Department" means the department of commerce and consumer affairs .

"Director" means the director of commerce and consumer affairs.

"Enrollment agreement" means the contract prepared by a private college or university, seminary, or religious training institution that a student signs to indicate agreement to the terms of admission, delivery of instruction, and monetary terms as outlined in the private college, university, seminary, or religious training institution's student handbook or catalog.

"Governing board" means the elected or appointed group of persons that oversees and controls a private college or university, seminary, or religious training institution.

"Home state" means the state in which the institution holds its principal accreditation.

"Honorary degree" means a statement, diploma, certificate, or other writing in any language that indicates or represents, or that is intended to indicate or represent, that the person named thereon is learned in a field of public service or has performed outstanding public service o r that the person named t hereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training.

"Out-of-state public institution" means an institution of higher education that is established by a government entity in a state other than Hawaii.

"Owner" means:

(1) An individual, if a private for-profit college or university is structured as a sole proprietorship;

(2) Partners, if a private for-profit college or university is structured as a partnership;

(3) Members in a limited liability company, if a private for-profit college or university is structured as a limited liability company; and

(4) Shareholders in a corporation that hold a controlling interest, if a private for-profit college or university is structured as a corporation.

"Physical presence" means:

(1) Having a physical location in the State, where students receive synchronous or asynchronous instruction; or

(2) Establishing an administrative office in the State in order to:

(A) Provide information to prospective students, enrolling students, or the general public about the institution;

(B) Provide services to enrolled students;

(C) Provide office space for instructional or non-instructional staff; and

(D) Maintain an institutional mailing address, street address, or telephone number in the State.

"Private college or university" means a nonpublic post-secondary education institution having a physical presence in the State that offers associate, baccalaureate, post-baccalaureate, master's, or doctoral degrees or diplomas. For purposes of the requirements of this chapter, an out-of-state public institution shall be considered as a private college or university.

"Provisional authorization" means authorization of a candidate for accreditation for no more than a five-year period, unless an extension is granted by the director for good cause, while the candidate for accreditation seeks to satisfy the requirement for institutional accreditation; provided that no provisional authorization shall be given for more than a ten - year period.

"Seminary" or "religious training institution" means a bona fide religious post-secondary educational institution that has a physical presence in the State , that is exempt from property taxation under the laws of the State, and that offers associate, baccalaureate, post-baccalaureate, master's, or doctoral degrees or diplomas.

"Unaccredited post-secondary educational institution" means a degree - granting institution that is not accredited or a candidate for accreditation by at least one accrediting agency recognized by the United States Department of Education.

"University of Hawaii system" means the post-secondary educational institution, including all campuses and community colleges, established and existing pursuant to article X, section 5 , of the Hawaii State Constitution and chapter 304A. [L 2013, c 180, pt of §2 ; am L 2017, c 4, §2 ]
Haw. Rev. Stat. § 304A-203 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-203
Powers and duties of agency.
Status: in_force

(a) The board of regents may:

(1) Formulate, pursuant to the standards therefor set forth in section 7(a) of the Soil Conservation and Domestic Allotment Act, agricultural plans for this State for each calendar year and, from time to time, make revisions in the agricultural plans as may be necessary to conform to the standards;

(2) [Use], in formulating and revising the agricultural plans, the assistance of the agricultural extension service and the agricultural experiment station;

(3) Designate in the agricultural plans the board of regents as the agency of this State to administer the agricultural plans;

(4) Submit the agricultural plans to the Secretary of Agriculture of the United States, prior to such time and in such manner and form as the Secretary of Agriculture may prescribe;

(5) Receive on behalf of the State any grants made pursuant to section 7 of the Soil Conservation and Domestic Allotment Act and utilize and expend the grants in accordance with such agricultural plans as may have been approved by the Secretary of Agriculture;

(6) Make provision for the establishment of state, county, and community committees or associations of agricultural producers, organized for such purpose, and for participation by them in the administration of the agricultural plans;

(7) Employ such personal services and incur such other expenses as it finds necessary for the efficient exercise of its powers and duties under this section;

(8) Use in the administration of the provisions hereof available services and assistance of other agencies of this State and of the agricultural extension service and the agricultural experiment station of the University of Hawaii;

(9) Delegate to committees, associations, individuals, corporations, or other agencies of this State such functions in carrying out sections [304A-201] to [304A-202] and this section as it deems suitable, and exercise all other powers and authorities and do any and all other things that it may deem necessary or proper to the performance of its duties and functions hereunder;

(10) Provide for the submission of reports to the Secretary of Agriculture as may be deemed requisite, including such reports as may be required to ascertain whether the agricultural plans are being carried out according to their terms;

(11) Prescribe rules as may be necessary or expedient for the effective administration of the agricultural plans and ensure the correctness of and make possible the verification of reports as may be required by the terms of the agricultural plans; and

(12) Submit to the governor an annual report for each year covering the administration and operation of the program.

(b) The board of regents shall perform its duties and functions as such agency under sections [304A-201] to [304A-202] and this section separately and distinctly from the performance of its duties and functions under any other act or in any other capacity, except that the board may use the services and the assistance of the personnel and faculties normally used by it in the performance of such other functions if it finds that the utilization of the services and assistance is necessary to, or is calculated to assist substantially in, the effective administration of sections [304A-201] to [304A-202] and this section and that the personnel or faculties may be used without interference with the effective performance of such other duties and functions. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-1405 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1405
Federal grants revolving fund.
Status: in_force

(a) There is established a federal grants revolving fund into which shall be deposited the department's share of federal indirect overhead reimbursements, pursuant to section 302A-1404. Unless otherwise provided by law, all other receipts shall immediately be deposited to the credit of the general fund of the State. The department may expend funds in the federal grants revolving fund to search for discretionary grants, develop program applications to secure additional revenues for the department, monitor grant execution, ensure compliance with grant requirements, and audit grant expenditures. Moneys in the revolving fund may be expended for consultant services and operational expenses, including the creation and hiring of temporary staff.

(b) The department shall prepare and submit an annual report on the status of the federal grants revolving fund to the legislature. The annual report shall include but not be limited to a list of the grant applications to the federal agencies and the grant awards received. [L 2000, c 234, pt of §2; am L 2009, c 35, §2]
Haw. Rev. Stat. § 302A-453 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-453
[ §302A-453] Industry-recognized credentials; career development success program.
Status: in_force

[ §302A-453] Industry-recognized credentials; career development success program. (a) There is established within the department a career development success program to provide financial incentives for participating high schools to encourage students enrolled in grades nine through twelve in public high 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 department shall create a process with a deadline for participating schools to report student credential attainment.

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

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

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

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

(4) Based on the order received by the department, 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 high school students 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 high 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, §2]
Haw. Rev. Stat. § 304A-118 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-118
Graduation pathway system.
Status: in_force

(a) The university shall provide guidance to students to increase the rate of on-time graduation. In providing such guidance, the university shall develop a graduation pathway system to direct students toward appropriate options to complete a major course of study, graduate within a reasonable period of time, and understand the dynamics of the local employment market.

(b) In developing the graduation pathway system, the university shall include elements such as structured, default pathways to graduation; academic maps with sequential scheduling of classes; intrusive advising; data on the dynamics of the local employment market, including the availability of employment; and other elements as appropriate to provide guidance to students toward timely graduation. [L 2015, c 104, §2]
Haw. Rev. Stat. § 304A-2173 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2173
Child care programs special fund.
Status: in_force

There is established a child care programs special fund for the operation of child care programs established under section 304A‑116 and the construction and renovation of child care centers established by the University of Hawaii. Fees charged for child care at child care programs, proceeds from donations to the university for child care programs, and proceeds from loans or other instruments of indebtedness for the construction or renovation of child care centers shall be deposited into the special fund. Expenditures from the special fund shall be made for the operation of child care programs and payment of principal and interest on obligations incurred for the construction or renovation of child care centers.

Revision Note

Section was renumbered from §304A-2252 pursuant to §23G-15.
Haw. Rev. Stat. § 302D-18 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-18
Renewals, revocations, and nonrenewals.
Status: in_force

(a) A charter contract may be renewed for successive five-year terms of duration, although an authorizer may vary the terms based on performance, demonstrated capacities, and particular circumstances of each charter school. An authorizer may grant a renewal of a charter contract with specific conditions for necessary improvements to a charter school.

(b) The authorizer shall issue a charter school performance report and charter contract renewal application guidance to any charter school whose charter contract is in its final contract year. The performance report shall summarize the charter school's performance record to date, based on the data required by this chapter and the charter contract, and shall provide notice of any weaknesses or concerns perceived by the authorizer concerning the charter school that may jeopardize its position in seeking renewal.

(c) The renewal application guidance shall, at a minimum, provide an opportunity for the public charter school to:

(1) Submit any corrections or clarifications to the performance report;

(2) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;

(3) Describe improvements undertaken or planned for the school; and

(4) Detail the charter school's plans for the next charter term.

(d) The renewal application guidance shall include or refer explicitly to the criteria that will guide the authorizer's renewal decisions, which shall be based on the charter contract and be consistent with this chapter.

(e) No later than thirty days after the issuance of the performance report, the governing board of a charter school seeking renewal shall submit a renewal application to the authorizer pursuant to the renewal guidance issued by the authorizer. The authorizer shall decide whether or not to renew the charter no later than forty-five days after the filing of the renewal application.

(f) In making charter renewal decisions, every authorizer shall:

(1) Ground its decisions in evidence of the school's performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;

(2) Ensure that data used in making the renewal decisions are available to the charter school and the public; and

(3) Provide a public report summarizing the evidence and basis for each decision.

(g) A charter contract may be revoked at any time or not renewed if the authorizer determines that the charter school did any of the following or otherwise failed to comply with the provisions of this chapter:

(1) Committed a material and substantial violation of any of the terms, conditions, standards, or procedures required under this chapter or the charter contract;

(2) Failed to meet or make sufficient progress toward performance expectations set forth in the contract;

(3) Failed to meet generally accepted standards of fiscal management; or

(4) Substantially violated any material provision of law from which the charter school is not exempted.

(h) An authorizer shall develop revocation and nonrenewal processes that:

(1) Provide charter contract holders with a timely notification of the prospect of revocation or non-renewal and the reasons for such possible closure;

(2) Allow charter contract holders a reasonable amount of time in which to prepare a response;

(3) Provide charter contract holders with an opportunity to submit documents and give testimony challenging the rationale for closure and supporting the continuation of the school at an orderly proceeding held for that purpose; provided that the proceeding shall be governed by the requirements set forth in this section and shall not be additionally subject to the requirements for an agency hearing under chapter 91;

(4) Allow charter contract holders access to representation by counsel, subject to section 28-8.3, and to call witnesses on their behalf;

(5) Permit the recording of proceedings described in paragraph (3); and

(6) After a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the charter contract holders.

(i) If an authorizer revokes or does not renew a charter contract, the authorizer shall clearly state in writing the reasons for the revocation or nonrenewal.

(j) Within fifteen days of taking action to renew, not to renew, or to revoke a charter contract, the authorizer shall report to the board the action taken, and shall simultaneously provide a copy of the report to the charter school. The report shall set forth the action taken and reasons for the decision and assurances as to compliance with all the requirements set forth in this chapter. [L 2012, c 130, pt of §2; am L 2013, c 159, §12; am L 2014, c 99, §13; am L 2016, c 113, §4]
Haw. Rev. Stat. § 302A-321 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-321
Standards-based curriculum.
Status: in_force

(a) When developing a standards-based curriculum and implementing it in a school or complex, at the minimum, the curriculum shall:

(1) Be specific in its standards-based scope and sequence over a school year for each grade level and course;

(2) Be consistent in course content;

(3) Be aligned across all grade levels;

(4) Specifically address the state content and performance standards and related benchmark maps; and

(5) Be implemented in all appropriate classrooms in the school or complex.

(b) School complexes may choose to develop an articulated and aligned K-12 standards-based curriculum in one or more of the following core content areas:

(1) Language arts;

(2) Mathematics;

(3) Science; and

(4) Social studies.

(c) School complexes shall provide professional development.

(d) School complexes that develop a standards-based curriculum shall use standards-based formative assessment tools to monitor student progress, not less than on a quarterly basis throughout the school year.

(e) School complexes shall develop rigorous classroom-based performance assessments.

(f) School complexes may implement software programs at the school level to help to align school course material with Hawaii content and performance and federal educational standards. [L 2006, c 301, §2]
Haw. Rev. Stat. § 304A-1892 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1892
Advisory council to Hawaii natural energy institute.
Status: in_force

(a) The institute shall establish an advisory council of seven members, appointed by the president from a list of nominees submitted by the director of the institute and the chief energy officer of the Hawaii state energy office of the department of business, economic development, and tourism. The members of the advisory council shall be from the general public, the energy industry, technology providers, state agencies whose primary functions relate to energy planning and policy analyses, and environmental groups, or other relevant stakeholder representatives as recommended by the director of the institute and the chief energy officer of the Hawaii state energy office. Members shall be selected on the basis of their proven expertise and interest in the field of renewable energy. The director of the institute and the chief energy officer of the Hawaii state energy office shall serve as ex officio[,] nonvoting members of the advisory council.

(b) The primary role of the advisory council shall be to make recommendations to the director on the award of contracts and grants funded through the institute.

(c) The advisory council may advise the director on matters of strategic planning, goals and objectives, significant initiatives of the institute, and other matters as determined by the director. [L 2007, c 253, pt of §2; am L 2019, c 122, §3]
Haw. Rev. Stat. § 304A-1406 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1406
Center for nursing; functions.
Status: in_force

The center for nursing shall:

(1) Collect and analyze data and prepare and disseminate written reports and recommendations regarding the current and future status and trends of the nursing workforce;

(2) Conduct research on best practices and quality outcomes;

(3) Develop a plan for implementing strategies to recruit and retain nurses; and

(4) Research, analyze, and report data related to the retention of the nursing workforce. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-117 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-117
Participation and membership in the Western Governors University and other educational consortia.
Status: in_force

The board of regents may participate in and perform any act related to membership in an educational consortium involving other institutions or jurisdictions that advances the instruction, research, or service mission of the university, including the Western Governors University.
Haw. Rev. Stat. § 304A-1705 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1705
Council powers.
Status: in_force

The medical education council may:

(1) Conduct surveys, with the assistance of the department of health and the department of commerce and consumer affairs, to assess and meet changing market and education needs;

(2) Appoint advisory committees of broad representation on interdisciplinary clinical education, workforce mix planning and projections, funding mechanisms, and other topics as is necessary;

(3) Use federal moneys for necessary administrative expenses to carry out its duties and powers as permitted by federal law;

(4) Distribute program moneys in accordance with this subpart; provided that any expenditures authorized shall be for a public purpose and shall not be subject to chapters 42F, 103, 103D, and 103F;

(5) Hire employees not subject to chapters 76 and 89 necessary to carry out its duties under this subpart; and

(6) Adopt rules in accordance with chapter 91, necessary to carry out the purposes of this subpart. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-418 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-418
§§302A-418 and 302A-419 REPEALED.
Status: repealed

§§302A-418 and 302A-419 REPEALED. L 1997, c 144, §§6, 7.
Haw. Rev. Stat. § 304A-1404 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1404
Center for nursing; establishment; advisory board.
Status: in_force

(a) There is established, within the University of Hawaii school of nursing and dental hygiene, a center for nursing.

(b) The dean of the school of nursing and dental hygiene, or the dean's designee, shall direct the activities of the center for nursing. There shall be an advisory board composed of nine voting members, a majority of whom shall be nurses or representatives of nursing organizations, appointed by the governor pursuant to section 26-34 to staggered terms, including:

(1) Five members who are nurses with an active Hawaii nursing license, including but not limited to:

(A) A nursing executive;

(B) An advanced practice registered nurse;

(C) A nurse affiliated with a nurse collective bargaining organization; and

(D) A doctorally-prepared nurse educator or a doctorally-prepared nurse researcher; and

(2) Four members who have a background or experience in health care delivery, finance, workforce, representation of hospitals and acute care hospitals of the State, and community agencies or consumer groups.

The center may invite other members of the public with specific backgrounds to participate as ex officio, nonvoting members.

(c) The members of the advisory board for the center for nursing shall serve without compensation.

(d) Each appointed member of the advisory board shall serve a term of four years. No member may be appointed to more than two consecutive terms. Any vacancy in an unexpired term shall be filled by appointment for the remainder of the unexpired term. [L 2006, c 75, pt of §2; am L 2008, c 173, §1; am L 2014, c 62, §2]
Haw. Rev. Stat. § 304A-1002 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1002
Faculty; classification schedule.
Status: in_force

The board of regents shall classify all members of the faculty of the university including research workers, extension agents, and all personnel engaged in instructional work as referenced in section 76-16, and adopt a classification schedule and compensation plan for these employees.

Annual increases of compensation shall be allowable for efficient service, and the board of regents shall adopt a fair and reasonable plan for rating the efficiency of individual employees affected by this section. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-323 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-323
Computer science; curricula plan; public schools.
Status: in_force

(a) The department shall:

(1) Develop and implement a statewide computer science curricula plan for public school students in kindergarten through twelfth grade that may include design thinking as part of the curricula; and

(2) Beginning with the 2021-2022 school year, ensure that each public high school offers at least one computer science course during each school year.

(b) Beginning with the 2022-2023 school year, at least one public elementary school and one public middle or intermediate school in each complex area shall offer computer science courses or computer science content.

(c) Beginning with the 2023-2024 school year, no less than fifty per cent of the public elementary schools and no less than fifty per cent of the public middle and intermediate schools in each complex area shall offer computer science courses or computer science content.

(d) Beginning with the 2024-2025 school year, all public elementary, middle, and intermediate schools shall offer computer science courses or computer science content.

(e) By October 31, 2025, and by each October 31 thereafter, the superintendent shall submit to the board and legislature a report of the computer science courses and computer science content offered during the previous school year at the schools in each complex area. The report shall include:

(1) The names and course codes of the computer science courses offered at each school;

(2) The number and percentage of students enrolled in each computer science course and computer science content, disaggregated by:

(A) Gender;

(B) Race and ethnicity;

(C) Special education status, including students eligible for special education under the federal Individuals with Disabilities Education Act, as amended, or section 504 of the federal Rehabilitation Act of 1973, as amended;

(D) English language learner status;

(E) Eligibility for the free and reduced price lunch program; and

(F) Grade level;

provided that if a category contains one to five students, or contains an amount that would allow the amount of another category that contains one to five students to be determined, the number of students shall be replaced with a symbol indicating that one to five students fulfilled that particular category;

(3) The names and course codes of the courses containing computer science content and a description of the computer science standards and content that are covered by those courses; and

(4) The number of computer science instructors at each school, disaggregated by:

(A) Any applicable certification;

(B) Gender;

(C) Race and ethnicity; and

(D) Highest academic degree earned.

(f) For the purposes of this section, "offer" means to provide a computer science course or computer science content taught in the English or Hawaiian language by a teacher:

(1) Who is physically located at the school; or

(2) Who is not physically located at the school but provides instruction through virtual means with the assistance of a proctor who is physically located at the school. [L 2018, c 51, pt of §2; am L 2021, c 158, §3; am L 2025, c 67, §2]
Haw. Rev. Stat. § 302A-631 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-631
Educational officers with special assignments; principals and vice-principals at special needs schools.
Status: in_force

(a) Educational officers at the state, district, and school levels with special assignments, where their duties and responsibilities are greater than the duties and responsibilities falling within the scope of their ordinary duties and responsibilities, shall be provided additional benefits by the department.

(b) Principals and vice-principals at special needs schools shall be provided additional benefits by the department pursuant to section 302A-625. As used in this subsection, "special needs schools" means those schools having a relatively large proportion of students exhibiting low performance, as indicated by such factors as low standardized achievement test scores, a high retention rate, and a low graduation rate for the area. [L 1996, c 89, pt of §2; am L 2001, c 256, §5]
Haw. Rev. Stat. § 304A-2603 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2603
Revenue bonds.
Status: in_force

The board of regents is authorized to issue sufficient amounts of revenue bonds pursuant to [subpart D] for the purpose of providing adequate parking structures or other facilities.
Haw. Rev. Stat. § 302A-449 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-449
[ §302A-449] Title I-funded prekindergarten.
Status: in_force

[ §302A-449] Title I-funded prekindergarten. (a) The department in its implementation of Title I-funded prekindergarten classrooms shall adhere to the quality standards incorporated by the executive office on early learning in the executive office on early learning public prekindergarten program pursuant to section 302L-7; provided that if any quality standard incorporated in the executive office on early learning public prekindergarten program is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the department shall adhere to the federal requirements with respect to the conflicting standard, and this finding does not affect the requirement that the department adhere to the remainder of the quality standards incorporated in the executive office on early learning public prekindergarten program in its implementation of Title I-funded prekindergarten classrooms.

(b) The department shall work with the executive office on early learning regarding curriculum, instruction, assessment, family engagement, and transition of children in and out of the prekindergarten classroom.

(c) The department and executive office on early learning shall enter into a memorandum of agreement or memorandum of understanding for the executive office on early learning to provide ongoing professional development support for teachers and principals of Title I-funded prekindergarten classrooms.

(d) The department shall submit an annual report to the executive office on early learning on its implementation of Title I-funded prekindergarten classrooms, regarding curriculum, instruction, assessment, family engagement, and transition in and out of the classroom. [L 2019, c 276, §8]
Haw. Rev. Stat. § 302A-402 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-402
§§302A-402 and 302A-403 REPEALED.
Status: repealed

§§302A-402 and 302A-403 REPEALED. L 1997, c 144, §§4, 5.
Haw. Rev. Stat. § 304A-2152 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2152
University of Hawaii at Manoa malpractice special fund.
Status: in_force

(a) There is established the University of Hawaii at Manoa malpractice special fund, which shall be used for costs arising from the defense and settlement of claims against the university, its students, or its faculty for professional malpractice in programs that provide professional services, including but not limited to clinical medicine, nursing, and law; provided that this fund shall not be used to fund settlements funded through professional liability insurance or through special appropriations of the legislature.

(b) The university may establish appropriate charges and fees to individuals who are provided professional liability coverage under this section, the proceeds of which shall be deposited in accounts and credited to the University of Hawaii at Manoa malpractice special fund. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302L-1.6 — HI Code / Division 1 / Title 18 / Chapter 302L / Section 302L-1.6
Early learning board.
Status: in_force

(a) There is established within the department of education for administrative purposes only an early learning board, whose members shall be appointed by the governor pursuant to section 26-34. The board shall have power, in accordance with law, to formulate statewide policy relating to early learning. The board shall be responsible for:

(1) Directing the office on how best to meet the developmental and educational needs of children, from prenatal care to entry into kindergarten;

(2) Providing recommendations to the office on improving the quality, availability, and coordination of early learning programs;

(3) Promoting collaboration across agencies and stakeholders serving young children; and

(4) Appointing the director of the office and evaluating the director on an annual basis.

(b) The board shall consist of the following voting members:

(1) One voting member from the county of Hawaii;

(2) One voting member from the county of Maui;

(3) One voting member from the county of Kauai;

(4) Three voting members from the city and county of Honolulu; and

(5) Three at-large voting members;

provided that one voting member shall have experience as a local provider of early childhood education and development services.

The superintendent of education, director of human services, director of health, president of the university of Hawaii, and director of the Hawaii head start state collaboration office shall serve as ex officio, nonvoting members of the board.

The board shall invite the chief executive officer of Kamehameha Schools, the executive director of the Hawaii Association of Independent Schools, and president of the Head Start Association of Hawaii, or their designees, to serve as ex officio, nonvoting members of the board.

(c) Notwithstanding any provision to the contrary, the governor shall set the terms of the voting members initially appointed to the board as follows:

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

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

(3) Three voting members shall serve three-year terms;

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

(d) Every voting member may serve beyond the expiration date of the voting member's term of appointment until the voting member's successor has been appointed by the governor or confirmed by the senate.

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

(f) The board may form workgroups and subcommittees, including with individuals who are not board members, to:

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

(2) Make recommendations to the board; and

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

Two or more board members, but less than a quorum, may discuss matters relating to official board business in the course of their participation in a workgroup or subcommittee, and such discussion shall be a permitted interaction as provided for in section 92-2.5.

(g) The board may testify before the legislature on any matter related to its duties and responsibilities.

(h) Members of the board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 2012, c 178, pt of §2; am L 2017, c 202, §4; am L 2021, c 173, §§1, 3; am L 2022, c 109, §14; am L 2023, c 170, §2 ; am L 2025, c 205, §1]
Haw. Rev. Stat. § 302A-404 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-404
School meals.
Status: in_force

(a) School meals shall be made available under the school meals program in every school where the students are required to eat meals at school.

(b) Beginning with the 2025-2026 school year, students who qualify for reduced-price meals under the National School Lunch Program shall receive free school meals.

(c) Beginning with the 2026-2027 school year, free school meals shall be provided to every student enrolled in a department school whose family income is not more than three hundred per cent of the federal poverty level, regardless of a student's eligibility for participation in the federal school meals program.

(d) No student shall be denied a meal solely for failure to pay.

(e) The department may adopt rules or policies governing the collection of funds for student meal accounts with a negative fund balance; provided that no rule or policy shall prohibit feeding a student or otherwise conflict with subsection (d).

(f) It is the intent of this section not to jeopardize the receipt of any federal aid and, only to the extent necessary to effectuate this intent, the governor may modify strict provisions of this section, but shall promptly report any modification with the governor's reasons therefore to the next succeeding session of the legislature for review. [L 1996, c 89, pt of §2; am L 2009, c 26, §3; am L 2017, c 194, §1; am L 2025, c 139, §2]
Haw. Rev. Stat. § 302A-322 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-322
American Sign Language.
Status: in_force

For purposes of this chapter, American Sign Language shall be recognized as a world language, and any public school may offer a course in American Sign Language. A student who successfully completes a course in American Sign Language shall be entitled to receive credit for that course toward satisfaction of a world language requirement of the public school at which the course is offered.
Haw. Rev. Stat. § 302A-444 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-444
§§302A-444 to 302A-446 REPEALED.
Status: repealed

§§302A-444 to 302A-446 REPEALED. L 2012, c 133, §§39 to 41.
Haw. Rev. Stat. § 305J-9 — HI Code / Division 1 / Title 18 / Chapter 305J / Section 305J-9
Authorization to operate in the State; seminary or religious training institutions.
Status: in_force

(a) To operate in the State, a seminary or religious training institution shall :

(1) Be party to a reciprocity agreement to which the State is a member; or

(2) Apply for, on a form prescribed by the department, and receive authorization from the director; provided that the institution shall establish that it qualifies as a bona fide religious training institution and as an institution of post-secondary education.

(b) Nothing in this section shall preclude a seminary or religious training institution from seeking accreditation. [L 2013, c 180, pt of §2]
Haw. Rev. Stat. § 302A-1141.4 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1141.4
Use of physical restraint limited; notification; policies and procedures; training; review.
Status: in_force

(a) The use of physical restraint shall be prohibited in public schools unless a student's behavior poses an imminent danger of property damage or physical injury to the student, school personnel, or others and only for so long as the danger persists; provided that other less intrusive interventions have failed or been determined to be inappropriate for the student.

(b) No physical restraint may be imposed that is life threatening, including physical restraint that may restrict breathing.

(c) The board shall establish a policy regarding the use of restraint in public schools. The department shall establish procedures to be followed after each incident involving the imposition of restraint upon a student, including procedures to provide to the parent or legal guardian of the student:

(1) An immediate verbal or electronic communication on the same day as each incident; and

(2) Written notification within twenty-four hours of each incident.

(d) All parents and legal guardians of students shall receive, upon the student's entry into public school, written information issued by the department about policies and procedures for restraint. This written information shall include:

(1) A brief summary describing the training received by public school staff in using restraint in facilities or programs;

(2) Information describing board policy;

(3) Information on the procedures for determining when restraint can and cannot be properly used in public school settings;

(4) Definitions of restraint;

(5) Information on the procedural safeguards that are in place to protect the rights of children and their parents or legal guardians;

(6) A description of the alignment of policies and procedures on restraint with applicable state laws or department rules;

(7) Information on the procedures for notifying parents and legal guardians when restraint has been used with their child; and

(8) Information on the procedures for notifying parents and legal guardians about any changes to policies and procedures on restraint.

(e) The department shall make information relating to policies and procedures available on the department's website.

(f) If policy or procedural changes related to restraint are made during the school year, the department shall post the changes on its website immediately.

(g) All public schools shall ensure that staff who use restraint in facilities or programs are trained, recertified, or trained and recertified on a periodic basis no less frequently than annually. Training shall include:

(1) Evidence-based techniques shown to be effective in the prevention of restraint;

(2) Evidence-based techniques shown to be effective in keeping school personnel and students safe when imposing restraint;

(3) Evidence-based skills related to positive behavioral supports and interventions, safe physical escort, conflict prevention, understanding antecedents, de-escalation, and conflict management;

(4) A wide array of prevention and intervention modalities; and

(5) Information describing state policies and procedures that meet the minimum standards established by state statutes and administrative rules.

(h) No less than annually, there shall be a review of data on students at each public school who were restrained, which shall be conducted as directed by each complex area superintendent. The review shall determine whether:

(1) There are strategies in place to address the students with dangerous behaviors at issue;

(2) The strategies in place are effective in increasing appropriate behaviors of students with dangerous behaviors; and

(3) New strategies need to be developed or current strategies need to be revised or changed to prevent the reoccurrence of dangerous behaviors.

Patterns and trends in the data that are identified by the review shall be reported to the department.

(i) Each public school shall maintain records of its reviews of restraint data and any resulting decisions or actions regarding the use of restraint.

(j) The department shall review policies and procedures on the use of restraint, including by reviewing available data on such use, outcomes, settings, individual staff involvement, and programs, and the frequency of use for student populations categorized by: individual students; groups of students; gender; race; national origin; disability status and type of disability; and limited English proficiency, for the purposes of determining:

(1) Whether policies for restraint are being applied consistently;

(2) The accuracy and consistency with which restraint data is being collected, as well as the extent to which this data is being used to plan behavioral interventions and staff training;

(3) Whether policies and procedures are being implemented with fidelity;

(4) Whether policies and procedures continue to protect students; and

(5) Whether policies and procedures remain properly aligned with applicable state statutes and administrative rules and consistent with privacy laws.

(k) As used in this section:

"Behavior intervention plan" means a proactive plan designed to address problem behaviors exhibited by a student in the educational setting through the use of positive behavioral supports and interventions.

"Chemical restraint" means a drug or medication used on a student to control behavior or restrict freedom of movement; provided that the term does not include a drug or medication that is:

(1) Prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional's authority under state law, for the standard treatment of a student's medical or psychiatric condition; and

(2) Administered as prescribed by a licensed physician or other qualified health professional acting under the scope of the professional's authority under state law.

"Emergency situation" means a student's behavior that poses an imminent danger of property damage or physical injury to the student, school personnel, or others and only for so long as the danger persists.

"Mechanical restraint" means the use of devices as a means of restricting a student's freedom of movement or the ability to communicate in the student's primary language or mode of communication.

"Physical restraint" means a personal restriction, other than a chemical or mechanical restraint, that immobilizes or reduces the ability of a student to move the student's arms, legs, or head freely.

"Positive behavioral supports and interventions" means a systematic approach to embed evidence-based practices and data-driven decision-making to improve public school climate and culture and includes a range of systemic and individualized strategies to reinforce desired behaviors and diminish the reoccurrence of problem behaviors in order to achieve improved academic and social outcomes and increase learning for all students, including students with the most complex and intense behavioral needs.

"Restraint" means:

(1) A mechanical restraint;

(2) A chemical restraint; or

(3) A physical restraint.

"Seclusion" means the confinement of a student alone in a room or structure from which the student is physically denied voluntary egress. [L 2014, c 206, pt of §2]
Haw. Rev. Stat. § 319-2 — HI Code / Division 1 / Title 18 / Chapter 319 / Section 319-2
Hawaii dental education plan, established.
Status: in_force

There is established the Hawaii dental education plan to assist in securing dental education for residents of the State of Hawaii. The plan shall be under the department of budget and finance.
Haw. Rev. Stat. § 304A-1603 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1603
Labor education advisory council.
Status: in_force

There is established a labor education advisory council, consisting of not more than fifteen members, broadly representative of the trade union movement in the State, who shall be appointed by the president of the University of Hawaii. The council shall be advisory to the chancellor of the University of Hawaii, West Oahu campus, on all activities and programs of the center for labor education and research and shall assist the chancellor in the assessment and evaluation of program needs for implementation. Members of the council shall designate its chairperson and shall serve without compensation; provided that actual travel and other expenses incurred in the performance of their duties shall be advanced or reimbursed.
Haw. Rev. Stat. § 302A-1507 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-1507
Classroom cleaning project; established.
Status: in_force

(a) There is established a classroom cleaning project in all public schools, excluding charter schools. Each school, through its school community council, may develop mechanisms to provide for classroom cleaning, including but not limited to having parent, student, or other community groups clean the classrooms on a regular, continuing basis.

(b) Schools may use any available resources to achieve the purposes of this section; provided that no full-time custodial staff employed at the school shall be displaced.

(c) Nothing in this section shall prohibit the use of volunteers for classroom cleaning. [L 1996, c 89, pt of §2; am L 2004, c 51, §31; am L 2006, c 298, §15; am L 2012, c 133, §30]
Haw. Rev. Stat. § 302D-38 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-38
[ §302D-38] Prior early learning programs attendance disclosure.
Status: in_force

[ §302D-38] Prior early learning programs attendance disclosure. (a) At least one parent or guardian of each child entering kindergarten shall disclose to the public charter school at which the child is enrolled the name and address of the early learning program that the child attended during the previous academic year. Each public charter school shall provide to the commission the information disclosed pursuant to this section. The commission may also require the disclosure of any other information not otherwise prohibited by law that would assist the department, the department of human services, and the executive office on early learning in developing, assessing, and implementing strategies to meet the early learning needs of children in the State. The commission and the executive office on early learning shall use the information to assist the department of human services and executive office on early learning in determining the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children and shall provide the information to the department of human services.

(b) The commission may include a request for the information required by subsection (a) on a kindergarten enrollment form or any other appropriate form used at all public charter schools.

(c) The commission shall share the information gathered 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]
Haw. Rev. Stat. § 304A-1902 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1902
Mauna Kea lands; fees; lease agreements.
Status: in_force

(a) The board of regents may charge a fee for use of the Mauna Kea lands and for the use of facilities and programs related to the Mauna Kea lands.

(b) The board of regents may enter into lease agreements for the Mauna Kea lands; provided that the University of Hawaii shall comply with all statutory requirements in the disposition of ceded lands.

(c) In establishing the fees, the board of regents shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91; provided that the fees shall be established at an open public meeting pursuant to chapter 92. The fees shall be deposited into the Mauna Kea lands management special fund established under section 304A-2170. [L 2009, c 132, pt of §2]
Haw. Rev. Stat. § 312-3.9 — HI Code / Division 1 / Title 18 / Chapter 312 / Section 312-3.9
Selection and acquisition of library books.
Status: in_force

(a) The board of education shall take all steps possible in any outsourcing contract in effect on July 1, 1997, including the development and implementation of necessary procedures, to ensure formal involvement by the state public service librarians in the selection of books and other library materials.

(b) Upon termination of any outsourcing contract in effect on July 1, 1997, decisions regarding the selection of books and other resources on behalf of the state library system that require the expenditure of public moneys shall be performed internally by the public service librarians of the state library system. The state librarian may contract with external sources for the purchase of books and other resources selected by the public service librarians. The state librarian shall be responsible for books or other resources acquired on behalf of the state library system. [L 1997, c 252, §2]

Revision Note

"July 1, 1997" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 304A-3006 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3006
Officers and employees of the research corporation.
Status: in_force

The board of directors shall employ an executive director of the research corporation who shall serve at the pleasure of the board of directors. The executive director's salary shall not be more than two times the salary of the highest paid head of a department within the executive branch. The board of directors may also appoint other officers and employees as may be necessary in administering the affairs of the research corporation. The board of directors shall set the employees' duties, responsibilities, salaries, holidays, vacations, leaves, hours of work, and working conditions. The board of directors may grant other benefits to its employees as it deems necessary. Employees of the research corporation shall not be entitled to any benefits conferred under chapter 76 relating to civil service, chapter 78 relating to public service, chapter 88 relating to pension and retirement systems, and the appropriate collective bargaining agreement, executive order, executive directive, or rule.
Haw. Rev. Stat. § 302D-7 — HI Code / Division 1 / Title 18 / Chapter 302D / Section 302D-7
Authorizer reporting.
Status: in_force

Every authorizer shall be required to submit to the board and the legislature an annual report summarizing:

(1) The authorizer's strategic vision for chartering and progress toward achieving that vision;

(2) The academic performance of all operating public charter schools overseen by the authorizer, according to the performance expectations for public charter schools set forth in this chapter, including a comparison of the performance of public charter school students with public school students statewide;

(3) The financial performance of all operating public charter schools overseen by the authorizer, according to the performance expectations for public charter schools set forth in this chapter;

(4) The status of the authorizer's public charter school portfolio, identifying all public charter schools and applicants in each of the following categories: approved (but not yet open), approved (but withdrawn), not approved, operating, renewed, transferred, revoked, not renewed, or voluntarily closed;

(5) The authorizing functions provided by the authorizer to the public charter schools under its purview, including the authorizer's operating costs and expenses detailed in annual audited financial statements that conform with generally accepted accounting principles;

(6) The services purchased from the authorizer by the public charter schools under its purview;

(7) A line-item breakdown of the federal funds received by the department and distributed by the authorizer to public charter schools under its control; and

(8) Any concerns regarding equity and recommendations to improve access to and distribution of federal funds to public charter schools. [L 2012, c 130, pt of §2; am L 2014, c 99, §6]
Haw. Rev. Stat. § 304A-1502 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1502
State geophysicists.
Status: in_force

[(a)] The staff of the geophysics and planetology institute shall include a specialist qualified in geology and a specialist qualified in volcanology, or a specialist qualified in both fields (to be designated as state geologist and state volcanologist or state geologist and volcanologist, as appropriate), whose duties shall include consultation with state officials, departments, and agencies concerning possible applications of these fields and research desirable to facilitate such applications. Other state geophysicists may be designated as appropriate in the opinion of the director and the board of regents.

[(b)] The state geophysicists may undertake applied research required in their respective fields by state officials, departments, and agencies, but their personal conduct of the applied research may be limited by the director, to such an extent as, in the director's opinion, is necessary to ensure the conduct of fundamental research and training required by the long-range interests of the State. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 304A-2676 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2676
CUSIP identification numbers.
Status: in_force

The board may provide that CUSIP identification numbers shall be printed on revenue bonds issued under this subpart. If numbers are printed on any such revenue bonds:

(1) No number shall constitute a part of the contract evidenced by the particular revenue bond upon which it is printed; and

(2) No liability shall attach to the board or any officer or agent thereof or the State or any officer thereof, including any fiscal agent, paying agent, or registrar for revenue bonds, by reason of the numbers or any use made thereof, including any use thereof made by the board or any officer or agent thereof, the State, any officer or agent thereof, or by reason of any inaccuracy, error, or omission.

The board may require that all costs of obtaining and printing the CUSIP identification numbers shall be paid by the purchaser of the revenue bonds. [L 2007, c 161, pt of §1]
Haw. Rev. Stat. § 304A-1405 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-1405
Advisory board for the center for nursing; powers and duties.
Status: in_force

The advisory board for the center for nursing shall have the powers and duty to:

(1) Elect a chairperson;

(2) Establish committees of the board as needed;

(3) Seek input from individuals and community groups interested in the issue of nursing shortages;

(4) Implement the major functions of the center for nursing; and

(5) Seek and accept nonstate funds for carrying out the mission of the center for nursing. [L 2006, c 75, pt of §2; am L 2014, c 62, §3]
Haw. Rev. Stat. § 304A-3252 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-3252
Duties of the center.
Status: in_force

The center shall:

(1) Serve as a research arm of the workforce development council and such other public agencies as may properly require its services and assistance in locating research experts for particular studies and in working out the dimensions and contractual arrangements for such studies, the costs and final decisions of which shall be the responsibility of the requesting agencies;

(2) Encourage and promote invention and experimentation in futures study, planning, and design;

(3) Maintain an inventory of studies, research, and other information, including groups or persons concerned with futures study, planning, and design applicable to the State; and

(4) Engage in the development and acquisition of models, techniques, and other tools, and capability for the effective monitoring, measuring, and forecasting of crucial aspects of Hawaii's socio-economic-environmental system over the immediate, intermediate, and long-range future, including the design of systems to assist and stabilize the State's construction industry. [L 2006, c 75, pt of §2]
Haw. Rev. Stat. § 302A-126 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-126
Board of education; qualifications; administration priorities.
Status: in_force

(a) Upon the nomination of any board member, the governor shall provide written documentation articulating the administration's goals and priorities with respect to the formation of a highly-functioning, well-balanced board, and describing the nominee's qualifications.

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

(1) 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 board members to the same;

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

(3) Knowledge of best practices. Each nominee shall have an understanding of best practices in educational governance or shall be willing to be trained in such; and

(4) Commitment to educational leadership. Each nominee shall have a clear understanding of the board's role in developing and protecting a clear, long-term strategic vision for Hawaii's public schools, and shall understand the need to hold the superintendent of education accountable for making consistent progress toward that vision.

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

(1) Understanding of collective bargaining. Each nominee should demonstrate an understanding of the collective bargaining process and an ability to participate in that process on behalf of the board free from any conflict of interest;

(2) Experience governing complex organizations. Each nominee should possess experience with complex organizations and a proven ability to function productively within them;

(3) 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 board policies; and

(4) 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. [L 2011, c 5, pt of §2]
Haw. Rev. Stat. § 304A-2154 — HI Code / Division 1 / Title 18 / Chapter 304A / Section 304A-2154
Systemwide information technology and services special fund.
Status: in_force

There is established the systemwide information technology and services special fund, from which all moneys shall be used in support of systemwide information technology and services including personnel, equipment costs, and other expenses, as well as planning, design, and implementation of information technology infrastructure within the university. All moneys for the fund shall be provided from revenues collected from users of information technology and services and any information technology user fee established pursuant to section [304A-401].
Haw. Rev. Stat. § 302A-440 — HI Code / Division 1 / Title 18 / Chapter 302A / Section 302A-440
Coverage for workers' compensation of an exceptional child.
Status: in_force

Whenever an exceptional child as defined in section 302A-101 undertakes to perform work for a private employer as part of a school-approved work-based learning program, whether paid or unpaid, the State shall be deemed to be the responsible employer for the purposes of workers' compensation coverage.