reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1312 Six-year program and financial plan for school repair and maintenance.

§302A-1312 Six-year program and financial plan for school repair and maintenance.
(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]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1316 Maintenance of geographically disadvantageous land; expenditure of school funds; prohibited.

§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]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1401 Administration and use of federal funds.

§302A-1401 Administration and use of federal funds.
The board, designated as the administrators of such funds as may be allotted to the State under federal legislation for public educational purposes, subject to such limitations as may be imposed by congressional action, shall use and expend the funds:
(1) To improve the program of the public schools of the State, including any grades up to the fourteenth grade or such lower grade as shall be prescribed as a maximum for such purposes by the Act of Congress concerned, by expanding the educational offerings, particularly in the rural districts;
(2) For the payment of salaries to teachers;
(3) To employ additional teachers to relieve overcrowded classes;
(4) To adjust the salaries of teachers to meet the increased cost of living, within such limits as may be fixed by, and pursuant to, state law;
(5) To provide for the purchase of supplies, apparatus, and materials for the public schools; and
(6) For any of such purposes and to such extent as shall be permitted by the Acts of Congress concerned. [L 1996, c 89, pt of §2; am L 2012, c 133, §27; am L 2015, c 108, §6]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1402 Custodian of federal funds.

§302A-1402 Custodian of federal funds.
The director of finance is designated as custodian of all funds received as the state apportionment under any federal appropriations for public educational purposes and the director shall disburse the funds, pursuant to the requirements, restrictions, and regulations of the federal acts under which the funds may be provided, on vouchers approved by the board, or by any subordinate thereunto duly authorized by the board. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1403 Authority to secure federal funds.

§302A-1403 Authority to secure federal funds.
The department, the state public charter school commission, a charter school authorizer, director of finance, and governor may take such steps and perform such acts as may be necessary or proper to secure any such federal funds for the purposes specified in sections 302A-1401 and 302A-1402. [L 1996, c 89, pt of §2; am L 2006, c 298, §20; am L 2012, c 130, §13]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1404 Federal impact aid military liaison.

§302A-1404 Federal impact aid military liaison.
(a) The department and the state public charter school commission or an authorizer, as appropriate, may retain and expend federal indirect overhead reimbursements for grants for the reimbursements as determined by:
(1) The director of finance and the superintendent; or
(2) The director of finance and the state public charter school commission or an authorizer, as appropriate.
(b) Each fiscal year the department of education may set aside $100,000 of federal impact aid moneys received pursuant to this section to:
(1) Establish and fund a permanent, full-time military liaison position within the department of education; and
(2) Fund the joint venture education forum to facilitate interaction between the military community and the department of education.
The military liaison position established under paragraph (1) shall be exempt from chapter 76 but shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State. [L 2000, c 234, pt of §2; am L 2004, c 147, §2; am L 2006, c 298, §21; am L 2012, c 130, §14 and c 133, §28; am L 2022, c 225, §2]
Cross References
Federal funds; general fund offset, see §29-25.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1405 Federal grants revolving fund.

§302A-1405 Federal grants revolving fund.
(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]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1406 Department of education federal revenue maximization program revolving fund; established.

§302A-1406
Department of education federal revenue maximization program revolving fund; established.
(a) There is established in the state treasury the department of education federal revenue maximization program revolving fund to be administered by the department. Moneys from the revolving fund shall be expended by the department for medicaid-eligible services provided by the department and administrative costs related to the department of education federal revenue maximization program.
(b) The department of education federal revenue maximization program revolving fund shall consist of:
(1) Federal revenue collected by the department for administering and operating the department of education federal revenue maximization program;
(2) Legislative appropriations;
(3) All interest earned on the deposit or investment of moneys in the department of education federal revenue maximization program revolving fund; and
(4) Any other moneys made available to the department of education federal revenue maximization program revolving fund from other sources. [L 2006, c 244, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1503 Donated school equipment and fixtures; repair and maintenance responsibility.

§302A-1503
Donated school equipment and fixtures; repair and maintenance responsibility.
(a) The department may accept donations of school equipment or fixtures on behalf of the department, individual schools, or school complexes. Donations that meet current educational specifications or exceed existing educational specifications shall be deemed acceptable in instances where the donations enhance the school environment or improve the administration of school programs in accordance with criteria established by the department pursuant to chapter 91.
(b) The department may accept a donation only if the equipment or fixture is useful to enhance the physical environment or safety of a school, or is a benefit to learning.
(c) The private source making a donation shall not be liable upon any claim for injury arising from the donated equipment or fixture; provided that this provision shall not affect the responsibility or liability of manufacturers of defective products nor shall it affect the responsibilities of negligent persons who cause dangerous conditions that result in injury. [L 1996, c 89, pt of §2; am L 2009, c 63, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1504.5 School-level minor repairs and maintenance special fund; reporting of carry over funds.

§302A-1504.5 School-level minor repairs and maintenance special fund; reporting of carry over funds.
(a)
There is established within the state treasury a special fund to be known as the school-level minor repairs and maintenance special fund, into which shall be deposited all moneys collected pursuant to section 235-102.5(b), and any other moneys received by the department in the form of grants and donations for school-level improvements and minor repairs and maintenance. The special fund shall be administered by the department and used to fund school-level minor repairs and maintenance. The department shall transfer moneys collected pursuant to section 235-102.5(b), and may transfer any other moneys received in the form of grants and donations for school-level improvements and minor repairs and maintenance to the Hawaii 3R's school improvement fund established pursuant to section 302A-1502.4.
(b) The department shall submit to the director of finance a report that shall be prepared in the form prescribed by the director of finance and shall identify the total amount of funds in the school-level minor repairs and maintenance special fund that will carry over to the next fiscal year. The department shall submit the report to the director of finance within ninety days of the close of each fiscal year and a copy of the report to the legislature no later than twenty days prior to the convening of each regular session. [L 2001, c 311, §2; am L 2002, c 16, §23; am L 2010, c 31, §2; am L 2014, c 207, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1506 Public school facilities.

§302A-1506
Public school facilities.
The department may enter into such contracts, leases, lease-purchase agreements, or other transactions as may be necessary for the acquisition of public school facilities, including any lands for these facilities, on such terms as it may deem appropriate with the concurrence of the director of finance. [L 1996, c 89, pt of §2 and am c 265, §1; am L 2007, c 220, §4]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1506.2 Property acquisition, use, and disposition.

§302A-1506.2 Property acquisition, use, and disposition.
(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]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1507 Classroom cleaning project; established.

§302A-1507 Classroom cleaning project; established.
(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]
Cross References
Classroom cleaning; exception, see §89-23.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1508 Education design and construction project assessment fund.

§302A-1508 Education design and construction project assessment fund.
(a) There shall be established in the department a revolving fund to be known as the education design and construction project assessment fund for the purpose of defraying the costs of:
(1) Carrying out construction projects managed by the department;
(2) Managing funds representing accumulated vacation and sick leave credits and retirement benefits for non-general fund employees in the construction program in accordance with section 78-23;
(3) Equitably collecting and distributing moneys for other current expenses associated with capital improvement, repairs and maintenance, and repairs and alterations projects; and
(4) Managing payments for employee transportation requirements such as car mileage reimbursements in accordance with applicable law and collective bargaining agreements.
(b) The superintendent shall assess construction projects managed by the department based on the superintendent's evaluation of the costs of services for capital improvements, repairs and maintenance, and repairs and alterations projects. All assessments collected shall be deposited into the education design and construction project assessment fund.
(c) All expenditures from the education design and construction project assessment fund shall be made by the superintendent in accordance with applicable law and rules. [L 2005, c 189, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1509 Environmentally-sensitive cleaning and maintenance products for use in public schools.

§302A-1509 Environmentally-sensitive cleaning and maintenance products for use in public schools.
The department of education shall require that all public school facilities give first preference, where feasible, to the purchase and use of environmentally-sensitive cleaning and maintenance products that have been approved by the Green Seal program pursuant to section 321-26.5, for use in public school facilities:
(1) To clean hard surfaces in bathrooms such as counters, walls, floors, fixtures, basins, tubs, or tile;
(2) To eliminate dirt and stains on rugs and carpeting;
(3) For routine cleaning of hard surfaces, including impervious flooring such as concrete or tile; provided that this category shall not include:
(A) Products intended primarily to strip, polish, or wax floors; or
(B) Cleaners intended primarily for cleaning toilet bowls, dishes, laundry, upholstery, or wood;
(4) To clean glass, windows, mirrors, or metallic or polished surfaces;
(5) For routine, non-specialized hand cleaning;
(6) Paper towels or other paper used for cleaning; provided that this category shall not include toilet paper, facial tissue, or paper towels used for drying hands; and
(7) Other categories as identified in the department of health. [L Sp 2009, c 13, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1510 Sustainable schools initiative.

§302A-1510 Sustainable schools initiative.
(a) The department shall establish a goal of becoming net-zero with respect to energy use, producing as much renewable energy as the department consumes across all public school facilities, by January 1, 2035.
(b) The department shall use the amount and value of energy consumed by the department across all public school facilities during the 2015-2016 fiscal year as the benchmark for measuring the department's progress toward the energy usage goal set forth in subsection (a).
(c) The department shall submit an annual report that shall include information on:
(1) The overall progress toward the net-zero energy goal set forth in subsection (a);
(2) Its plans and recommendations to advance the net-zero energy goal set forth in subsection (a); and
(3) Any challenges or barriers encountered or anticipated by the department in meeting the net-zero energy goal set forth in subsection (a).
(d) The department shall expedite the cooling of all public school classrooms to a temperature acceptable for student learning. When implementing classroom cooling measures, the department, and any contractor hired to implement classroom cooling measures, shall maximize energy efficiency and installation and operating cost savings over the entire life of the project.
(e) Pursuant to this section, the department shall include in the report the status of the implementation of measures taken to cool public school classrooms as required by subsection (d). The report shall include the following information:
(1) The number of completed classrooms in which cooling measures were implemented and the number of classrooms remaining that require cooling;
(2) The different types of cooling measures implemented;
(3) The approximate cost per classroom for planned cooling measures, including installation, upgrades, equipment, maintenance, and projected operating costs over the life of the installed cooling measures;
(4) The approximate cost per completed classroom for cooling measures implemented, including installation, upgrades, equipment, maintenance, and projected operating costs over the life of the installed cooling measures;
(5) The number of completed classrooms in which energy efficiency measures were installed or implemented and the number of classrooms remaining that require energy efficiency measures; and
(6) The different types of energy efficiency measures installed or implemented.
(f) The department shall report its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session. [L 2016, c 176, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1601 Findings.

Note
Subpart heading amended by L 2010, c 188, §3.
Revision Note
Sections 302A-1601 to 302A-1611, enacted as a new part, are redesignated as a subpart pursuant to §23G-15.
Cross References
Building permit requirements for new developments in school impact districts, see §46-142.5.
Impact fees for public highways, see § §264-121 to 264-127.
§302A-1601 Findings.
New residential developments within identified school impact districts create additional demand for public school facilities. As such, once school impact districts are identified, new residential developments shall be required to contribute toward the construction of new or expansion of existing public school facilities through:
(1) The land requirement, either through an in lieu fee or actual acreage (unless land is not required in the school impact district), based on each new residential development's proportionate share of the need to provide additional public school sites; and
(2) The construction requirement either through an in lieu fee or actual construction based on each new residential development's proportionate share of the need to construct additional school facilities.
A study commissioned by the State has identified the land dedication requirement that is consistent with proportionate fair-share principles and the net capital cost of school facilities, excluding land costs, that is consistent with proportionate fair-share principles.
The State determines that new residential developments within designated school impact districts shall provide land for schools or pay a fee in lieu of land proportionate to the impacts of the new residential development on existing school facilities. The State also determines that new residential developments within designated school impact districts shall also pay school construction cost component impact fees proportionate to their impacts.
In determining the amounts of land component impact fees and construction cost component impact fees, the intent of the school impact fee calculations is that new residential developments should not be charged for a higher level of service than is being charged to existing developments.
This subpart establishes the methodology for developers to provide their proportionate share of the land and the construction cost of new or expanded school facilities needed to serve new residential developments, as determined in sections 302A-1606 and 302A-1607, respectively. [L 2007, c 245, pt of §2; am L 2010, c 188, §4]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1603 Applicability and exemptions.

§302A-1603 Applicability and exemptions.
(a) Except as provided in subsection (b), any person who seeks to develop a new residential development within a designated school impact district requiring:
(1) A county subdivision approval;
(2) A county building permit; or
(3) A condominium property regime approval for the project,
shall be required to fulfill the land component impact fee or fee in lieu requirement and construction cost component impact fee requirement of the authority, including all government housing projects and projects processed pursuant to sections 46-15.1 and 201H-38.
(b)
[Repeal and reenactment on July 1, 2024. L 2021, c 197, §6.]
The following shall be exempt from this section:
(1) Any form of housing permanently excluding school-aged children, with the necessary covenants or declarations of restrictions recorded on the property;
(2) Any form of housing that is or will be paying the transient accommodations tax under chapter 237D;
(3) All nonresidential development;
(4) Any development with an executed education contribution agreement or other like document with the authority or the department for the contribution of school sites or payment of fees for school land or school construction;
(5) Any form of housing developed by the department of Hawaiian home lands for use by beneficiaries of the Hawaiian Homes Commission Act, 1920, as amended; and
(6) Any form of development by the Hawaii community development authority pursuant to part XII of chapter 206E. [L 2007, c 245, pt of §2; am L 2010, c 188, §6; am L 2016, c 237, §2; am L 2020, c 72, §7; am L 2021, c 197, §1 and c 217, §10; am L 2023, c 97, §4]
Note
The L 2023, c 97 amendment is exempt from the repeal and reenactment condition of L 2021, c 197, §6. L 2023, c 97, §8.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1605 Impact fee analysis.

§302A-1605 Impact fee analysis.
Upon designation of a school impact district, the authority shall prepare an impact fee analysis that shall include, at a minimum, an analysis including the advantages and disadvantages of potential changes to statewide school site areas and design enrollment standards that may be appropriate for application in the particular school impact district. This analysis may include, for example, non-traditional facilities such as mid-rise or high-rise structures in existing urban areas where new residential developments are expected to generate the need for new school construction. [L 2007, c 245, pt of §2; am L 2010, c 188, §8; am L 2020, c 72, §7; am L 2021, c 217, §12]
Revision Note
Subsection designation deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1609 Refunds of fees.

§302A-1609 Refunds of fees.
If a fee in lieu or a construction cost component impact fee 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]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1610 Credits for land dedication.

§302A-1610 Credits for land dedication.
(a) Any owner of a development subject to the land component impact fee requirements pursuant to this subpart may apply for credit against any similar dedication or payment accepted and received by the authority for the project; provided that any such owner who dedicates more land for school facilities than is required for the development shall receive credit for the excess dedicated land area.
(b) Any credit provided for under this section shall be based on the value determined in the manner provided under section 302A-1606.
(c) Excess credits for land contributions prior to July 1, 2010, that are in excess of a developer's requirement under this subpart shall be based on the determined value of the excess dedication; provided that the credit amount shall not exceed the value of the dedication or fee in lieu required under this subpart.
(d) In addition to or instead of applying credits to future developments, the authority may execute with an owner of credits an agreement to provide for partial or full reimbursement from the school impact fee payments collected from other developers within the same school impact district. The reimbursements shall not exceed the amount of the fee revenues available in the account for that school impact district. [L 2007, c 245, pt of §2; am L 2010, c 188, §13; am L 2020, c 72, §7; am L 2021, c 217, §12]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1611 Credits for excess contributions or advance payment of required construction cost component impact fees.

§302A-1611 Credits for excess contributions or advance payment of required construction cost component impact fees.
(a) Any owner of a development subject to the construction cost component impact fee requirements pursuant to this subpart shall receive credit for any similar contribution, payment, or construction of public school facilities accepted and received by the authority for the portion of the development that is in excess of the impact fee required under this subpart for that development. No credit shall be authorized against the impact fees in lieu.
(b) A credit may be applied only against school impact fees that would otherwise be due for new residential developments for which the payment or contribution was agreed to in a written educational contribution agreement.
(c) Excess contribution credit may be applied to the construction cost component impact fee requirement for any future development by the same owner in the same school impact district, or with the written approval of the owner of the credit, to any future development by a different owner in the same school impact district.
(d) In addition to or instead of applying the credits to future developments, the authority may execute with an owner of the credits an agreement to provide for partial or full reimbursement from the impact fee payments collected from other developers within the same school impact district. The reimbursements shall not exceed the amount of the impact fee revenues available in the account for that school impact district.
(e) Any owner of a development shall receive credit for any part of its required construction cost component impact fee that, with the approval of the authority, is paid in advance of the time specified in the written agreement executed in accordance with section 302A-1607(h). The authority shall maintain an accounting of the amount of the credit applicable to the new residential development and shall reduce the amount of the credit by the amount of the impact fees that would otherwise be due for each building permit issued for the new residential development. After the credit balance is exhausted, no additional credits shall be applied to subsequent building permits issued within the new residential development.
(f) If private construction of school facilities is proposed by a developer after July 1, 2010, if the proposed construction is acceptable to the authority, and if the value of the proposed construction exceeds the total impact fees that would be due from the development, the authority shall execute with the developer an agreement to provide reimbursement for the excess credit from the impact fees collected from other developers within the same benefit district. For the purposes of this section, the private construction of school facilities is a "public work" pursuant to chapter 104. [L 2007, c 245, pt of §2; am L 2010, c 188, §14; am L 2020, c 72, §7; am L 2021, c 217, §12]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1612 Use of data reflecting recent conditions in impact fee calculations.

§302A-1612
Use of data reflecting recent conditions in impact fee calculations.
(a) Every three years beginning in 2010, the authority shall concurrently update the following:
(1) School site area averages, using the total school land requirement for each individual in a school impact district as calculated pursuant to section 302A-1606(b);
(2) Elementary, middle or intermediate, and high school permanent facility construction costs per student, as provided under section 302A-1607; and
(3) Revenue credit per unit figures provided pursuant to section 302A-1607(e).
(b) Every three years following the initial determinations made pursuant to section 302A-1604, the authority shall update the following:
(1) Student generation rates for each established school impact district; and
(2) The statewide level of service.
(c) Every three years beginning in 2010, the authority shall, where appropriate, update the list of cost factors for the twenty-six geographically limited cost districts, as provided in section 302A-1607(d), by incorporating any changes to the cost factors that have been made by the department of accounting and general services.
(d) If any data update required by this section is not completed within the specified time, the most current data shall be used until the update is completed. [L 2010, c 188, §2; am L 2020, c 72, §7; am L 2021, c 217, §12]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1701 Definitions.

Note
Subpart heading amended by L 2021, c 217, §2.
§302A-1701 Definitions.
As used in this subpart, unless the context clearly requires otherwise:
"Authority" means the school facilities authority established by section 302A-1702.
"Facilities" includes school classrooms, auditoriums, libraries, office and maintenance buildings, gymnasiums, and athletic fields.
"Project" means the development and construction of new school facilities, including infrastructure; access and other support for new school facilities; prekindergarten facilities; major renovation of school facilities; public-private partnership projects; new capital improvement projects funded by the legislature for completion by the authority; acquisition of real property, personal property, or mixed property for new school facilities; and planning, development, and leasing of public school land or facilities to private partners pursuant to section 302A-1151.1. [L 2020, c 72, pt of §1; am L 2021, c 217, §2; am L 2023, c 175, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1702 School facilities authority; established.

§302A-1702 School facilities authority; established.
(a) There is established the school facilities authority, which shall be a body corporate and a public instrumentality of the State. The authority shall be placed within the department for administrative purposes only.
(b) The executive director appointed pursuant to section 302A-1704(f) shall:
(1) Serve as the authority's chief executive officer and chief procurement officer;
(2) Be responsible for carrying out the purposes of the authority; and
(3) Serve on a full-time basis. [L 2020, c 72, pt of §1; am L 2021, c 217, §2; am L 2023, c 61, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1704 School facilities authority board.

§302A-1704 School facilities authority board.
(a) There is established the school facilities authority board, which shall head and oversee the authority.
(b) The board shall consist of five voting members. The members shall:
(1) Be appointed by the governor pursuant to section 26-34;
(2) Have an interest in public school facilities;
(3) Include one member actively or previously engaged in the construction industry for at least five years; and
(4) Serve without compensation but may be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(c) The board shall be responsible for:
(1) All matters related to the projects the authority is authorized and responsible for initiating and completing under this subpart, including preferred strategies to complete those projects; and
(2) Evaluating the performance of the authority's executive director on an annual basis.
(d) The board shall select a chairperson by a majority vote of its voting members. A majority of the voting members serving on the board shall constitute a quorum to conduct business. The concurrence of the majority of the voting members serving on the board shall be necessary to make any action of the board valid.
(e) The board may form workgroups and subcommittees that include individuals who are not board members, to:
(1) Obtain resource information from construction and education professionals and other individuals as deemed necessary by the board;
(2) Make recommendations to the board; and
(3) Perform other functions as deemed necessary by the board to fulfill its duties and responsibilities.
Two or more board members, but less than a quorum, may discuss matters relating to official board business in the course of their participation in a workgroup or subcommittee, and these discussions shall be a permitted interaction as provided for in section 92-2.5; provided that all other provisions of chapter 92 shall apply.
(f) The board shall appoint an executive director of the school facilities authority who shall be exempt from chapters 76 and 89. The salary of the executive director shall be set by the board and the executive director shall be included in any benefit program generally applicable to the officers and employees of the State. [L 2020, c 72, pt of §1; am L 2021, c 217, §2; am L 2023, c 61, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1705 Use of public lands; acquisition of state lands.

§302A-1705 Use of public lands; acquisition of state lands.
(a) If state lands, other than public lands, under the control and management of another department or agency are required by the authority for purposes of this chapter, the department or agency having control and management of the required lands, upon a request by the authority and with the approval of the governor, shall convey title or lease those lands to the authority upon terms and conditions as may be agreed to by the parties; provided that at the request of the authority, the department shall transfer any land to which it holds title to the authority.
(b) If public land set-aside to a department or agency pursuant to section 171-11, is required by the authority for purposes of this chapter, the authority shall submit a request to the governor to withdraw the set-aside and to re-set-aside the land to the authority pursuant to section 171-11.
(c) Notwithstanding the foregoing and section 302A-1703(c), no lands shall be conveyed or leased to the authority as provided in this section if the conveyance or lease would impair any covenant between the State or any county or any department or board thereof and the holders of bonds issued by the State or county, department, or board.
(d) When public lands transferred to the authority are no longer needed for school facilities purposes, title to those lands shall be transferred to the department of land and natural resources and the lands shall be reclassified as public lands. [L 2020, c 72, pt of §1; am L 2021, c 217, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1707 Annual report.

§302A-1707 Annual report.
At least twenty days prior to the convening of each regular session, the authority shall submit to the governor, board of education, and legislature, a complete and detailed report of its activities during the prior fiscal year. [L 2020, c 72, pt of §1; am L 2021, c 217, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1801 Purpose.

§302A-1801 Purpose.
The purpose of this part is to provide for the establishment of an annual conference of secondary school students, which will enable students in the State's secondary schools to identify, discuss, and arrive at recommended solutions to major youth problems, with emphasis on school problems that require attention and joint action by the students, the department, and the legislature. The conference format shall be recommended by the student conference committee, under the guidance of the student conference advisory committee. [L 2013, c 156, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1802 Student conference committee.

§302A-1802 Student conference committee.
There is created a student conference committee composed of sixteen secondary school students. There shall be two students from each of the seven local school districts, who shall be selected by the superintendent or the superintendent's designee, and two students from schools represented by the Hawaii Association of Independent Schools, who shall be selected by a representative of the Hawaii Association of Independent Schools. [L 2013, c 156, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1803 Duties of the student conference committee.

§302A-1803 Duties of the student conference committee.
It shall be the duty of the student conference committee, under the guidance of the student conference advisory committee, to:
(1) Plan and coordinate all phases of the annual conference of secondary school students;
(2) Set the theme, scope, and format of the conference;
(3) Set the agenda of the conference;
(4) Determine the number of participants;
(5) Plan and provide for food, lodging, and the transportation of all participants;
(6) Evaluate the worth and effectiveness of the conference; and
(7) Consider and act on any other matter relevant to or necessary to effectuate the purpose of this part. [L 2013, c 156, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1804 Student conference advisory committee.

§302A-1804 Student conference advisory committee.
There is created a student conference advisory committee to assist and advise the student conference committee in planning, coordinating, and evaluating the annual conference of secondary school students. The department shall maintain guidelines and procedures for the establishment of the student conference advisory committee. [L 2013, c 156, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1902 Mark licensing agreement program; established.

§302A-1902 Mark licensing agreement program; established.
(a) There is established within the department a mark licensing agreement program to allow the department and a department school to license, as applicable, the department's or department school's marks.
(b) The department may enter into licensing agreements pursuant to this part and any rules adopted pursuant to section 302A-1905. [L 2017, c 140, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1903 Commercial enterprises.

§302A-1903 Commercial enterprises.
Notwithstanding any law to the contrary, the department may engage in commercial enterprises that are related and incidental to the primary purposes of the department as set forth in this chapter, including the sponsorship of private, cultural, and athletic performances; the sale of goods produced by or for department programs or an individual department school; or the production of goods bearing a department or an individual department school mark. [L 2017, c 140, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1905 Administrative rules.

§302A-1905 Administrative rules.
The department shall adopt rules pursuant to chapter 91 for the purposes of this part. Rules adopted pursuant to this section shall address, at minimum:
(1) An application process for a mark licensing agreement;
(2) Standards for potential licensees and selection criteria;
(3) The appropriateness and quality of proposed licensed products and uses;
(4) The assessment and collection of fees;
(5) The disposition of fees and royalties;
(6) An appeals process for an application for mark licensing that is denied; and
(7) A process to revoke or suspend a mark licensing agreement. [L 2017, c 140, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302C. Private Schools › 302C-1 Employees of private schools; criminal history record checks.

§302C-1 Employees of private schools; criminal history record checks.
(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.
2023 Hawaii Revised Statutes › Title 18. Education › 302D. Public Charter Schools › 302D-3.2 Fees.

§302D-3.2 Fees.
(a) In administering its responsibilities, the commission may assess fees on non-state entities and individuals to help offset its operating costs.
(b) Fees collected by the commission shall be deposited into insured checking or savings accounts and shall be expended by the commission.
(c) The commission shall adopt rules pursuant to chapter 91 to implement this section; provided that, notwithstanding this section or any other law to the contrary, the commission may set the initial amount of fees authorized pursuant to this section at any time without regard to chapter 91, if the commission:
(1) Holds at least one public hearing to take and discuss public testimony on the proposed fee amount; and
(2) Provides public notice at least thirty days prior to the date of the public hearing. [L 2014, c 99, pt of §1]