reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-442 Occupational therapy services, physical therapy services, school health services, mental health services, psychological services, and medical services for diagnostic or evaluative purposes.

§302A-442 Occupational therapy services, physical therapy services, school health services, mental health services, psychological services, and medical services for diagnostic or evaluative purposes.
(a) The department of health, within the funds available, shall be responsible for the related services of school health, mental health, psychological, and medical services for evaluation or diagnostic purposes, and, within the funds available, shall provide for those exceptional children who need these services and who attend public school in the State.
(b) The department of education, within the funds available, shall be responsible for the related services of occupational therapy and physical therapy for evaluation or diagnostic purposes, and, within the funds available, shall provide for those exceptional children who need these services and who attend public school in the State.
(c) The department of health shall work in cooperation with the department of education to implement this section. The procedures to implement this section shall be in accordance with the rules of the department of health and the department of education. [L 1996, c 89, pt of §2; am L 2000, c 123, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-447 State student council.

§302A-447 State student council.
(a) There is established within the department for administrative purposes the state student council, which shall consist of representation from each departmental school district.
(b) The council shall determine whether it shall directly select the student representative to the board or whether it shall run an election to select that individual.
(c) The council shall establish policies and procedures governing its operations, including the selection and number of council members, without regard to the public notice, public hearing, and gubernatorial approval requirements of chapter 91, but subject to the open meeting requirements of chapter 92.
(d) The state student council shall cooperate with the student conference committee established under section 317-2 in planning the annual secondary school students conference established under chapter 317. [L 2002, c 172, §2; am L 2011, c 5, §13]
Note
Section 317-2 and chapter 317 referred to in subsection (d) are repealed.
Revision Note
Throughout this section, "state student council" substituted for "Hawaii state student council".
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-448 Schools; career pathways, academies, and programs; commercial enterprises.

§302A-448 Schools; career pathways, academies, and programs; commercial enterprises.
(a) Notwithstanding any law to the contrary, an individual department school or any career pathway, academy, or program operated within a school may engage in commercial enterprises that are related to the primary educational purposes of the school, career pathway, academy, or program as set forth in this chapter, including the sale of goods produced by or for an individual school, career pathway, academy, or program.
(b) Student interns engaging in commercial enterprises under subsection (a) shall be considered "employees of the State" for purposes of chapter 662.
(c) Revenues accrued and expenditures made by the department for the operation of commercial enterprises, including those relating to hiring of personnel; renovation of commercial space; and the purchase of merchandise, supplies, and equipment, shall be accrued and made without regard to chapters 76, 78, 89, 103, and 103D. Net profits generated pursuant to this section and section 302A-1903 may be used by the department in accordance with this chapter.
(d) The department may adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2018, c 169, §1; am L 2022, c 149, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-449 Title I-funded prekindergarten.

§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]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-450 Public prekindergarten classrooms; annual report to the legislature.

§302A-450 Public prekindergarten classrooms; annual report to the legislature.
The department shall submit to the legislature an annual report regarding special education and Title I-funded prekindergarten programs, to include, as related to each type of program:
(1) The number and location of classrooms;
(2) Numbers of students served and aggregated by birth month as of the date on which the official enrollment count is taken;
(3) Sources of funding for each classroom;
(4) Quality of teacher-child interactions relating to social emotional support, classroom structure, and quality of learning experiences, as assessed using a formative assessment tool; and
(5) Child outcomes relating to all areas of childhood development and learning, including cognitive, linguistic, social, and emotional approaches to learning and health and physical development, as assessed using a formative assessment tool. [L 2019, c 276, §12; am L 2020, c 70, §45]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-452 Menstrual products; availability.

§302A-452 Menstrual products; availability.
(a) The department shall provide menstrual products free of charge to all students on all public school campuses.
(b) For the purposes of this section:
"Menstrual products" includes but is not limited to disposable menstrual pads and tampons.
"Public school campuses" includes all department of education schools and all public charter schools. [L 2022, c 113, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-454 Asthma education instruction.

§302A-454 Asthma education instruction.
(a) The department may offer optional asthma self-management instruction to students with asthma. The instruction shall be age-appropriate and the topics shall include:
(1) Asthma facts, physiology, and early warning signs;
(2) Symptoms and triggers of asthma; and
(3) Asthma self-management skills.
(b) The department may coordinate with any public or private entity to provide the instruction offered under this section.
(c) The department may use existing educational and training resources available in the public and private sectors when developing the instruction offered under this section. [L 2022, c 147, §2]
Cross References
Asthma training, see §302A-642.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-455 Digital learning center.

§302A-455 Digital learning center.
There is established within the department a digital learning center. The purpose of the digital learning center shall be to:
(1) Improve the quality and delivery of digital learning services throughout the public school system;
(2) Provide resources and services that help students develop and improve their digital literacy skills; and
(3) Provide resources and services to promote safe computing practices. [L 2022, c 233, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-461 Gender equity in athletics.

§302A-461 Gender equity in athletics.
(a) No person, on the basis of sex, shall be excluded from participating in, be denied the benefits of, or be subjected to discrimination in athletics offered by a public high school, pursuant to Public Law 92-318, Title IX of the federal Education Amendments of 1972.
(b) This section shall apply to public schools as defined in section 302A-101; provided that it shall apply to grades nine to twelve only.
(c) No private right of action at law shall arise under this section. [L 2000, c 229, pt of §1; am L 2012, c 133, §9]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-481 Definitions.

§302A-481 Definitions.
As used in this subpart, unless the context otherwise requires:
"Caregiver" means any person who is at least eighteen years of age and:
(1) Related by blood, marriage, or adoption to the minor, including a person who is entitled to an award of custody pursuant to section 571-46(a)(2) but is not the legal custodian or guardian of the minor; or
(2) Has resided with the minor for a continuous immediate preceding period of six months or more. [L 2003, c 99, pt of §1; am L 2008, c 114, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-491 Power of attorney for special education.

Revision Note
Enacted as a new part, § §302A-491 to 302A-498 were codified as subpart G of part II pursuant to §23G-15.
§302A-491 Power of attorney for special education.
(a) When a student with disabilities reaches the age of majority all rights are presumed to transfer to the adult student. The adult student is authorized to make any and all decisions related to the adult student's education, including but not limited to individualized education programs.
(b) An adult student may give an individual instruction to assist in the development and implementation of the adult student's educational programs. An adult student may execute a power of attorney for special education. Unless related to the student by blood, marriage, or adoption, an agent shall not be an owner, operator, or employee of the educational institution at which the adult student is receiving special education services. The power of attorney for special education shall be:
(1) A written document;
(2) Executed in the State of Hawaii;
(3) Notated with the date of execution;
(4) Specific in identifying the agent by first and last name and relationship to the adult student;
(5) Indicative of whether the adult student retains the power to make educational decisions while the power is in effect;
(6) Revocable, with the method of revocation stated in the document;
(7) Signed by the adult student; and
(8) Witnessed by one of the following methods:
(A) Signed by two individuals who either witnessed the signing of the instrument by the adult student or received the adult student's acknowledgment of the veracity of the signature on the instrument; or
(B) Acknowledged before a notary public in the State of Hawaii.
(c) If the power of attorney for special education document does not include the provisions listed above, the power of attorney is invalid and fails to authorize an agent to make decisions for the adult student.
(d) Unless otherwise specified in the power of attorney for special education, the authority of an agent shall be effective throughout the adult student's eligibility for special education, and shall cease to be effective upon revocation by the adult student. [L 2008, c 182, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-492 Revocation of the power of attorney for special education.

§302A-492 Revocation of the power of attorney for special education.
(a) An adult student may revoke the designation of an agent in writing to the supervising teacher.
(b) A teacher, agent, or guardian who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising teacher and to any educational institution at which the student is receiving special education services.
(c) A decree of annulment, divorce, dissolution of marriage, or legal separation shall revoke a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for special education.
(d) A power of attorney for special education that conflicts with an earlier power of attorney for special education revokes the earlier power of attorney for special education to the extent of the conflict. [L 2008, c 182, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-493 Appointment of an educational representative; conditions.

§302A-493 Appointment of an educational representative; conditions.
(a) An educational representative may be appointed if a student lacks decisional capacity to provide informed consent. A determination that the adult student lacks capacity, or that another condition exists that affects the adult student's instruction shall be made by a qualified licensed professional, such as the student's primary physician, psychologist, psychiatrist, or the department of health developmental disabilities division.
(b) The transfer of rights for an adult student who lacks capacity to an educational representative shall be valid throughout the adult student's eligibility for special education. Determinants of the lack of decisional capacity may include the following:
(1) The student's inability to understand the nature, extent, and probable consequences of a proposed educational program or option, on a continuing or consistent basis;
(2) The student's inability to make a rational evaluation of the benefits or disadvantages of a proposed educational decision or program as compared with the benefits or disadvantages of another proposed educational decision or program, on a continuing or consistent basis; or
(3) The student's inability to communicate such understanding in any meaningful way.
Upon a determination that an adult student lacks decisional capacity to provide informed consent, the qualified professional shall document appropriately and make reasonable efforts to inform the adult student of the adult student's lack of capacity. The parent(s) of the adult student may act as the educational representative (unless the adult student is married, in which event the adult student's adult spouse shall be designated as the educational representative). If the parent or adult spouse is not available or competent to give informed consent, the department shall appoint the educational representative from among the following: a competent adult brother or sister, adult aunt or uncle, or grandparent. If these relatives are not willing and able to serve as the adult student's educational representative, then a surrogate parent (who is not an employee of the department of education) shall be designated to serve in this capacity by the department. [L 2008, c 182, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-494 Reconsideration of the need for an educational representative.

§302A-494 Reconsideration of the need for an educational representative.
(a) If the adult student, educational representative, or qualified professional believes the adult student has regained decisional capacity, the adult student shall be assessed for capacity by a qualified professional who shall determine whether or not the adult student has regained decisional capacity and shall document the decision and the basis for the decision and provide the findings of the reconsideration in writing to be entered into the adult student's educational record. The qualified professional shall notify the adult student and the educational representative of any changes in the adult student's educational program.
(b) A special education decision made by an educational representative for an adult student shall be effective without judicial approval. [L 2008, c 182, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-496 Duties and roles of the agent and educational representative.

§302A-496 Duties and roles of the agent and educational representative.
(a) The agent and educational representative shall have the same duties and responsibilities.
(b) The agent and the educational representative shall be afforded the opportunity to participate in meetings with respect to:
(1) The identification, evaluation, and educational placement of the student;
(2) The provision of free, appropriate public education to the student; and
(3) The provision of input in accordance with the adult student's individual instructions or other wishes, if any, to the extent known.
Otherwise, the agent and the educational representative shall participate in accordance with the determination of the student's best interest. In determining the student's best interest, the student's personal values, to the extent known, shall be taken into consideration. [L 2008, c 182, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-497 Educational information.

§302A-497 Educational information.
The agent for the power of attorney for special education or educational representative is authorized to make educational decisions for a student and has the same rights as the student to request, receive, examine, copy, and consent to the disclosure of the individualized education plan or any other educational records. [L 2008, c 182, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-498 Effect of copy.

§302A-498 Effect of copy.
A copy of a transfer of student's rights, revocation of the power of attorney for special education, the finding of lack of capacity, or the reconsideration of the appointment of an educational representative has the same effect as the original. [L 2008, c 182, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-499 Definitions.

§302A-499 Definitions.
As used in this subpart, unless the context otherwise requires:
"Covered information" means personally identifiable
information or material, or information that is linked to personally identifiable information or material, in any media or format that is not publicly available and is:
(1) Created by or provided to an operator by a student, or the student's parent or legal guardian, in the course of the student's, parent's, or legal guardian's use of the operator's site, service,
or application for K-12 school purposes;
(2) Created by or provided to an operator by an employee or agent of a K-12 school or complex for K-12 school purposes; or
(3) Gathered by an operator through the operation of its site, service, or application for K-12 school purposes and personally identifies a student, including information in the student's educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information.
"Interactive computer service" means that term as defined in title 47 United States Code section 230.
"K-12 school" means a school that offers any of grades kindergarten to twelve and that is a public school, as defined in section 302A-101.
"K-12 school purposes" means purposes that are directed by or that customarily take place at the direction of a K-12 school, teacher, or complex area superintendent or that aid in the administration of school activities, including instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, parents or legal guardians, or are otherwise for the use and benefit of the school.
"Operator" means, to the extent that it is operating in this capacity, the operator of a website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K-12 school purposes and was designed and marketed for K-12 school purposes.
"Targeted advertising" means presenting advertisements to a student where the advertisement is selected based on information obtained or inferred over time from that student's online behavior, usage of applications, or covered information. "Targeted advertising" does not include advertising to a student at an online location based upon that student's current visit to that location, or in response to that student €™s request for information or feedback, without the retention of that student's online activities or requests over time for the purpose of targeting subsequent advertisements. [L 2016, c 40, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-501 Definitions.

Attorney General Opinions
Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or state Constitution. If a court were to find such a program to violate either the federal or state Constitution, the doctrine of qualified immunity would bar personal liability for any state official; if a court were to impose personal liability, based upon past history and practice, the legislature would fund payment of the claims. Att. Gen. Op. 08-1.
A. Specific Definitions
§302A-501 Definitions.
(a) For the purposes of sections 302A-602 to 302A-612, "school" includes every academic and noncollege type of school under governmental supervision.
(b) For the purposes of subpart D:
"Board" means the Hawaii teacher standards board.
"Emergency hire" means an unlicensed employee of the department paid under the salary schedule contained in the unit 5 collective bargaining agreement.
"License" means the document signifying the board's grant of permission to practice the profession of teaching.
"Teacher" means a licensed employee of the department paid under the salary schedule contained in the unit 5 collective bargaining agreement. [L 1996, c 89, pt of §2; am L 1999, c 218, §2; am L 2001, c 312, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-601 REPEALED.

Attorney General Opinions
Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or state Constitution. If a court were to find such a program to violate either the federal or state Constitution, the doctrine of qualified immunity would bar personal liability for any state official; if a court were to impose personal liability, based upon past history and practice, the legislature would fund payment of the claims. Att. Gen. Op. 08-1.
§302A-601 REPEALED.
L 2004, c 51, §24.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-602 Teachers; licenses and certificates.

§302A-602 Teachers; licenses and certificates.
(a) No person shall serve as a teacher in the department without first having obtained a license from the Hawaii teacher standards board in such form as the Hawaii teacher standards board determines. The department shall establish types of certificates in the educational field and the requirements to qualify for those certificates issued to individuals who are not required to obtain a license pursuant to sections 302A-801 to 302A-808.
(b) Beginning with the 2002-2003 school year, no person paid under the salary schedule contained in the unit 5 collective bargaining agreement shall serve as a teacher in the department without first having obtained a license pursuant to sections 302A-801 to 302A-808 from the Hawaii teacher standards board in such form as the Hawaii teacher standards board determines.
(c) Beginning with the 2002-2003 school year, the department may employ unlicensed individuals as emergency hires pursuant to sections 302A-801 to 302A-808. [L 1996, c 89, pt of §2 and am c 122, § §2, 7; am L 1999, c 218, §4; am L 2001, c 312, § §4, 11; am L 2002, c 193, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-602.5 Certificates; revocation.

§302A-602.5 Certificates; revocation.
The department may revoke any certificate after its issuance if the certificate holder does not possess the requisite qualifications. For the purposes of this section, the term "certificate" does not include a license issued by the Hawaii teacher standards board pursuant to part III, subpart D. [L 1996, c 122, § §1, 7; am L 1999, c 218, §4; am L 2001, c 312, § §5, 11; am L 2002, c 193, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-603 Teaching without certificates or licenses; penalty.

§302A-603 Teaching without certificates or licenses; penalty.
(a) Except as otherwise provided, before the 1997-1998 school year, whoever serves in the department as a teacher without holding an unrevoked certificate issued under sections 302A-602 to 302A-639, and 302A-701, shall be fined not more than $25.
(b) Beginning with the 1997-1998 school year, whoever serves in the department as a teacher, paid under the salary schedule contained in the unit 5 collective bargaining agreement, without holding an unrevoked or unsuspended license or credential issued under sections 302A-801 to 302A-808, shall be fined not more than $500.
(c) Beginning with the 2002-2003 school year, an individual paid under the salary schedule contained in the unit 5 collective bargaining agreement, without holding an unrevoked license issued under sections 302A-801 to 302A-808, shall be fined not more than $500.
(d) Beginning with the 2002-2003 school year, emergency hires shall not be subject to this penalty. [L 1996, c 89, pt of §2 and am c 122, § §3, 7; am L 1999, c 218, §4; am L 2001, c 312, § §6, 11; am L 2002, c 193, §3; am L 2012, c 133, §10]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-604 Complex area superintendents.

§302A-604 Complex area superintendents.
The superintendent of education, with the approval of the board, shall appoint complex area superintendents for schools. The complex area superintendents shall supervise the delivery of administrative and instructional support services within their respective complex areas, including:
(1) Personnel, fiscal, and facilities support;
(2) Monitoring of compliance with applicable state and federal laws;
(3) Curriculum development, student assessment, and staff development services; and
(4) Special education programs and special schools within the complex area. [L 1996, c 89, pt of §2; am L 2003, c 187, §7; am L 2012, c 133, §11]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-605 Principals and vice-principals.

§302A-605 Principals and vice-principals.
Principals and vice-principals shall meet the department's certification requirements. [L 1996, c 89, pt of §2; am L 2000, c 31, §1; am L 2001, c 256, §2 and c 287, §1; am L 2010, c 34, §2; am L 2011, c 75, §2; am L 2014, c 232, §8]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-608 Reemployed teachers; rights.

§302A-608 Reemployed teachers; rights.
After the completion of the probationary period without discharge, such teachers as are thereupon reemployed shall continue in service in the public schools during good behavior and competent service and prior to the age at which the teachers are eligible for retirement, pursuant to section 88-73 or 88-281, and shall not be discharged or demoted except for one or more of the causes specified in section 302A-609. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-609 Causes for discharge or demotion; preferred eligibility list.

§302A-609 Causes for discharge or demotion; preferred eligibility list.
Causes for the discharge or demotion of a teacher shall be inefficiency or immorality; wilful violations of policies and rules of the department; or for other good and just cause. The department, without a hearing, may terminate the tenure rights of a teacher who fails to return to service, except when caused by illness, following the expiration of an approved leave of absence. Teachers may also be dismissed because of a decrease in the number of pupils or for other causes over which the department has no control. Dismissals due to a decrease in the number of pupils or for causes over which the department has no control shall begin with those teachers with the least number of years of service. The teachers so dismissed shall be placed on a preferred eligibility list and shall have the right to be restored to duty in the order of length of service whenever vacancies occur in which the teacher is qualified. [L 1996, c 89, pt of §2]
Attorney General Opinions
Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or state Constitution. If a court were to find such a program to violate either the federal or state Constitution, the doctrine of qualified immunity would bar personal liability for any state official; if a court were to impose personal liability, based upon past history and practice, the legislature would fund payment of the claims. Att. Gen. Op. 08-1.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-611 Authorized leaves of absence; tenure status unaffected.

§302A-611 Authorized leaves of absence; tenure status unaffected.
The granting of authorized leaves of absence by the department to regularly employed teachers shall not affect any of the tenure rights that the teacher may have acquired prior thereto under section 302A-608. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-613 Exchange teachers and educational officers; terms of contract.

§302A-613 Exchange teachers and educational officers; terms of contract.
(a) The superintendent may contract for the exchange of teachers and educational officers of the State with teachers and educational officers of any other state, country, or territory. Teachers and educational officers of the State so exchanged shall be paid their regular salaries. The qualifications of all teachers and educational officers from any such state, country, or territory so exchanged shall be equal to the qualifications of the teachers and educational officers exchanged by the State. In the selection of teachers and educational officers to be exchanged, preference shall be given in the following order: teachers over educational officers; principals and vice-principals over other educational officers.
(b) All teachers and educational officers so exchanged by the State shall be furnished transportation to and from the state, country, or territory with which exchanged.
(c) No compensation shall be paid by the State to teachers and educational officers exchanged from any other state, country, or territory; provided that in any case where the exchanged teacher or educational officer sent from Hawaii becomes incapacitated or, for any reason, leaves the exchange position permanently, the department may pay the visiting exchange teacher or educational officer an amount not to exceed the salary rating of the teacher or educational officer on exchange from Hawaii. The arrangement may continue until the end of the current school year or until such time as some satisfactory adjustment has been made. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-614 Sabbatical leaves authorized.

§302A-614 Sabbatical leaves authorized.
(a) The department may grant a year's or six months' sabbatical leave of absence to any teacher or educational officer who has served seven years in the public schools of the State. The teacher or educational officer shall be guaranteed a return to the teacher's or educational officer's or an equivalent position at the expiration of the leave.
(b) In granting sabbatical leaves, the department shall consider, but not be limited to, the following:
(1) The nature and length of professional educational course work, research, or other professional activity approved by the department; and
(2) Applicant's seniority; provided that seniority shall not be the dominant factor in granting sabbatical leaves.
(c) The leave shall not be extended beyond one year and may not be repeated until after a period of seven additional years of service. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-615 Pay while on sabbatical.

§302A-615 Pay while on sabbatical.
Teachers or educational officers on sabbatical leave shall be paid an amount equal to one-half of the salary to which the teacher or educational officer would be entitled if regularly reappointed. The payments shall be made in regular monthly installments, the last two of which shall not be made until after the teacher or educational officer has returned to the teacher's or educational officer's position in the department. A teacher or educational officer granted sabbatical leave may engage in any form of employment provided the conditions established in section 302A-616 are fulfilled. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-616 Conditions of sabbatical leave of absence.

§302A-616 Conditions of sabbatical leave of absence.
(a) A teacher or educational officer on sabbatical leave shall devote one-half of the teacher's or educational officer's total leave to professional educational course work, research, or other professional activity approved by the department. The department shall establish guidelines and criteria of professional educational course work, research, or other professional activity. Before granting a sabbatical leave to a teacher or educational officer, the department and the teacher or educational officer shall enter into a contract, which shall provide for the following:
(1) That the teacher or educational officer agrees to return to serve in the department, the University of Hawaii, or any community college for a period of not less than two years within one year after termination of the teacher's or educational officer's sabbatical leave;
(2) That upon failure of the teacher or educational officer to comply with paragraph (1), the teacher or educational officer agrees to refund to the department all moneys received while on sabbatical leave;
(3) That upon failure of the teacher or educational officer to comply with paragraph (2), the teacher or educational officer agrees to pay for all costs incurred by the department in enforcing paragraph (2);
(4) That upon failure to comply with paragraph (1), the educational officer's Hawaii teaching certificate shall be canceled by the department; and
(5) Any other provisions deemed necessary by the department to be included in the contract.
(b) Beginning with the 2002-2003 school year, this section shall be interpreted as though the term "certificate" read "license", as the latter terms are used in subpart D, and as circumstances require. [L 1996, c 89, pt of §2; am L 2001, c 312, § §8, 13]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-618 Classification, teachers.

§302A-618 Classification, teachers.
(a) The designation of any teacher to any given class shall be determined by the department in accordance with licensing requirements.
(b) Any teacher teaching technical school courses who is transferred to a community college under the jurisdiction of the board of regents of the University of Hawaii shall not suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege.
(c) Beginning with the 2002-2003 school year, this section shall be interpreted as though the terms "certification" and "certificate" read "licensing" and "license", as the latter terms are used in subpart D, and as circumstances require. [L 1996, c 89, pt of §2; am L 2001, c 312, §9]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-619 Classification, educational officers.

§302A-619 Classification, educational officers.
The board shall classify all educational officer positions of the department and shall adopt two separate classification/compensation plans for educational officers. One classification/compensation plan shall be for principals and vice-principals and shall be based on the general pattern of a school administrator's career development and associated school administrator's qualification requirements. A separate classification/compensation plan shall be for all other educational officers and shall be reflective of the career development pattern and qualification requirements for the respective professional field of expertise; provided that both classification/compensation plans shall include classification appeals procedures. [L 1996, c 89, pt of §2; am L 2004, c 51, §13]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-621 Salary; deputy superintendent, assistant superintendents, complex area superintendents.

§302A-621
Salary; deputy superintendent, assistant superintendents, complex area superintendents.
The salaries of the deputy superintendent, assistant superintendents, and complex area superintendents shall be set by the board; provided that the salaries of the deputy superintendent, assistant superintendents, and the complex area superintendents shall not exceed the superintendent's salary. [L 1996, c 89, pt of §2; am L 2003, c 187, §8; am L 2011, c 132, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-623 Salary ranges, educational officers.

§302A-623 Salary ranges, educational officers.
Salary ranges for educational officer positions of the department shall be determined by the board based on the position classification/compensation plan approved by the board. Salary ranges for educational officer positions shall be subject to the requirements of section 302A-625. [L 1996, c 89, pt of §2; am L 2016, c 87, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-627 Credit for military service.

§302A-627 Credit for military service.
Any teacher who served on active duty with the armed forces of the United States shall be given credit by the department for the teacher's military service in the determination of the teacher's salary, the teacher's eligibility for leaves of absence, and for all other purposes of seniority. Both reentering and entering teachers shall have each year of their military service or six months thereof credited as a year of teaching experience; provided that no more than four years of credit for military service shall be allowed. Evidence of military service shall be by certificate. [L 1996, c 89, pt of §2; am L 2022, c 146, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-629 Educational officers; demotion, transfers.

§302A-629 Educational officers; demotion, transfers.
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. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-630 Teachers; additional benefits or credits.

§302A-630 Teachers; additional benefits or credits.
(a) Teachers with special assignments, where their responsibilities are greater, may be provided additional benefits by the department.
(b) Teachers in Hawaiian language medium education whose responsibilities are greater or unique and require additional language skills may be provided additional benefits by the department.
(c) In determining additional benefits for vocational agriculture and technical school teachers, the department may allow credit for practical experience.
(d) In determining additional benefits for teachers, staff, and administrators in Hawaiian language medium education, the department may allow credit for practical experience. [L 1996, c 89, pt of §2; am L 2004, c 133, §3]
Cross References
Hawaiian language medium education, see chapter 302H.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-631 Educational officers with special assignments; principals and vice-principals at special needs schools.

§302A-631 Educational officers with special assignments; principals and vice-principals at special needs schools.
(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]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-632 Additional benefits to certain school personnel and teachers.

[ §302A-632] Additional benefits to certain school personnel and teachers.
The department shall provide additional benefits to grade level chairpersons, department heads, registrars, and librarians in schools. The department shall also provide additional benefits to teachers assigned to schools in areas designated as limited environment communities by the department. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-633.6 Allocations for coaches.

§302A-633.6 Allocations for coaches.
(a) Persons who serve as coaches for school activities shall be paid a portion or all of their allocation for their services, which shall increase by the same percentage as specified in a collectively bargained agreement negotiated for bargaining unit (5) and in force for that time period.
(b) The base stipend for coaches shall be the compensation amounts for coaches for the 2000-2001 school year. Effective July 1, 2003, the base stipend for all coaches of department of education activities shall be increased by fifty per cent for coaches who are employed by the department of education in a teaching capacity and by twenty-five per cent for coaches who are not employed by the department of education in a teaching capacity.
(c) Coaches covered by this section may choose to waive all or part of the coach's right or interest in the payment stipend. If a coach chooses to waive all or part of the stipend, the department of budget and finance shall dispense funds in the amount of the waiver directly to the school to be used for the benefit of the coach's team. No amount waived under this section shall be deemed to be or reported as income of the coach choosing to waive. [L 2001, c 315, §2; am L 2002, c 230, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-636 Cafeteria managers.

§302A-636 Cafeteria managers.
All cafeteria managers employed in the department shall be employed and have their salaries fixed in accordance with chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule, and the monthly rates of basic compensation so determined shall be payable over a twelve-month period without proration or deduction for periods when school is not in session. Cafeteria managers shall have the same vacation and sick leave allowances as school teachers and principals. [L 1996, c 89, pt of §2; am L 2002, c 148, §25]
Cross References
Criminal history record checks, see §302A-601.5.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-637 Cafeteria workers.

§302A-637 Cafeteria workers.
All cafeteria workers employed in the department shall be employed and have their compensation adjusted in accordance with chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule, and the monthly rates of basic compensation so determined shall be payable for employment over a twelve-month period. All cafeteria workers shall be employed on a full-time basis, except that a limited number of part-time workers may be employed by the department. No cafeteria worker employed on a part-time basis shall work less than twenty hours per week. The department shall establish a schedule, based on factors that determine the need for part-time workers, fixing the number of part-time workers that may be employed by the department. [L 1996, c 89, pt of §2; am L 2002, c 148, §26]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-638 Evaluation of teachers and educational officers.

§302A-638 Evaluation of teachers and educational officers.
The department shall establish an evaluation program for all teachers and educational officers. The evaluation shall be performed at least once in each school year. The program shall define the criteria for evaluation and assign responsibilities for the application of the criteria. The evaluation of a teacher or educational officer shall be on the basis of efficiency, ability, and such other criteria as the department shall determine. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-639 Houseparents; statewide center for students with hearing and visual impairments.

§302A-639 Houseparents; statewide center for students with hearing and visual impairments.
All houseparents at the statewide center for students with hearing and visual impairments employed in the department shall be employed and have their compensation adjusted according to chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule, and the monthly rates of basic compensation so determined shall be payable for employment over a twelve-month period. All houseparents shall be employed for twelve months on a full-time basis. [L 1996, c 89, pt of §2; am L 2002, c 148, §27]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-641 Meal count assistants, adult supervisors, and classroom cleaners; minimum wage.

§302A-641 Meal count assistants, adult supervisors, and classroom cleaners; minimum wage.
Except as provided in section 387-9, the wages of meal count assistants, adult supervisors, and classroom cleaners of the department shall be no less than the current state minimum wage as required in section 387-2. [L 2005, c 191, §1]