HI Rev Stat § 302L-7 (2021)
2021 Hawaii Revised Statutes|Title 18. Education|302L. Early Learning System|302L-7 Executive office on early learning public prekindergarten program; public preschools.

  §302L-7 Executive office on early learning public prekindergarten program; public preschools. (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 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 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 children in the year prior to the year of kindergarten eligibility, 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) [Repeal and reenactment on July 1, 2022. L 2021, c 210, §14.] The office shall collect data with assistance from the department of education and state public charter school commission, 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) [Repeal and reenactment on July 1, 2022. L 2021, c 210, §14.] The department of education and any state public charter school commission that exists pursuant to chapter 302D may use available classrooms for public preschool programs statewide. The office shall give priority to public charter schools that serve high populations of underserved or at-risk children. Preschool classrooms established pursuant to this section shall be in addition to any classrooms used for the pre-plus program 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]