reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1128 Department powers and duties.

§302A-1128 Department powers and duties.
The department shall have entire charge and control and be responsible for the conduct of all affairs pertaining to public instruction in the public schools the department establishes and operates, including operating and maintaining the capital improvement and repair and maintenance programs for department and school facilities; provided that all state-funded prekindergarten programs, and private partnership-funded prekindergarten programs in the public schools, except for special education and Title I-funded prekindergarten programs, shall be under the administrative authority of the executive office on early learning; provided further that the department shall continue to provide, and have administrative authority over, services generally provided to the schools excluding those services related to curriculum, instruction, assessment, and professional learning support, but including operating and maintaining capital improvement and repair and maintenance programs for any facility on a department school campus at which the executive office on early learning administers programs, and evaluation of teaching staff. The department may establish and maintain schools for secular instruction at such places and for such terms as in its discretion it may deem advisable and the funds at its disposal may permit. The schools may include high schools, kindergarten schools, schools or classes for special education or Title I-funded prekindergarten, boarding schools, Hawaiian language medium education schools, and evening and day schools. The department may also maintain classes for technical and other instruction in any school where there may not be pupils sufficient in number to justify the establishment of separate schools for these purposes. [L 1996, c 89, pt of §2; am L 1998, c 309, §2; am L 1999, c 190, §1; am L 2000, c 20, §1; am L 2003, c 220, §2; am L 2004, c 133, §4; am L 2005, c 189, §4; am L 2006, c 298, §19; am L 2012, c 133, §16; am L 2015, c 108, §5; am L 2019, c 276, §5]
Cross References
Hawaiian language medium education, see chapter 302H.
Transcription of instructional materials, see §103-72.
Law Journals and Reviews
"Officially" What? The Legal Rights and Implications of `ÅŒlelo Hawai`i. 30 UH L. Rev. 243 (2007).
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1130 Public schools special fees and charges.

§302A-1130 Public schools special fees and charges.
(a) The department may assess and collect special fees and charges from students for co-curricular activities.
(b) Special fees and charges collected from students for co-curricular activities shall be deposited into insured checking or savings accounts and expended by each individual school. [L 1996, c 89, pt of §2; am L 2003, c 187, §9; am L 2004, c 220, §4; am L 2012, c 133, §17]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1130.6 Curricular materials fee special account.

§302A-1130.6 Curricular materials fee special account.
There is established within the department a curricular materials fee special account, into which shall be deposited all fees and charges collected from students or their parents or guardians for the loss, destruction, breakage, or damage of curricular materials. Disbursements from this special account shall be expended by the department for the purposes of purchasing, replacing, or repairing curricular materials. [L 2004, c 220, §1; am L 2012, c 133, §18; am L 2016, c 112, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1133 Emergency measures.

§302A-1133 Emergency measures.
The department of health may implement emergency measures to refuse, modify, or limit attendance at any school in the State pursuant to section 321-1 if it is determined that there is imminent danger of an epidemic or serious outbreak of communicable disease. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1133.5 Parent and guardian accountability for compliance with student code of conduct.

§302A-1133.5 Parent and guardian accountability for compliance with student code of conduct.
(a) The department shall inform all parents and guardians of the student code of conduct and of their responsibilities with respect to ensuring that their children comply with the code. The department also shall provide assistance and advice to parents and guardians in meeting their responsibilities under the code.
(b) The failure of a student to meet the requirements for regular attendance and punctuality shall subject the student's parent, parents, or guardian to the penalties provided in section 302A-1135. Destruction of school property by a student, in addition to all other legal action that may be taken, shall subject the student's parent, parents, or guardian to proceedings under section 302A-1153, as appropriate. [L 1997, c 361, §2; am L 2006, c 38, §5; am L 2012, c 133, §19]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1135 Penalty.

§302A-1135 Penalty.
If any child of school age persists in absenting oneself from school, the family court judge, upon a proper petition, citation, or complaint being made by the schoolteacher or any other officer or agent of the department, or police officer, or any other person, shall cause the child, and the father or mother, guardian, or other person having charge of the child, to be summoned to appear before the judge. Upon its being proved that the person responsible for the child had not used proper diligence to enforce the child's regular attendance at school, the responsible party shall be guilty of a petty misdemeanor. This section shall not apply to any child not liable to compulsory attendance at school. [L 1996, c 89, pt of §2]
Cross References
Jurisdiction of family court, see chapter 571.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1136 Enforcement.

§302A-1136 Enforcement.
The department shall be charged with the enforcement of sections 302A-1132 to 302A-1135. Nothing in this section shall relieve any chief of police or police officer of the chief's or officer's responsibility for the enforcement of these sections, but their enforcement shall be subject to the plans and policies of the department. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1138 Permit to leave grounds.

§302A-1138 Permit to leave grounds.
All principals in the public schools, upon the written request of the parent, guardian, or other person having the care and control of any pupil attending any public school, shall permit any such pupil to leave the school grounds during intermissions. Any principal granting such a permit shall not be held liable for the action of the pupil during the intermissions and while the pupil remains outside of the school grounds. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1139 Religious education.

§302A-1139 Religious education.
(a) The department shall provide for the release of, and shall release, any pupil in any public school from attendance at the public school for a period not to exceed sixty minutes each week during the school year, on such days and during such school hours as the department shall designate, for the purpose of receiving religious instruction from the religious organization of the pupil's choice when the release is requested in writing by a parent, guardian, or other person having custody or control of the pupil. Actual attendance at the sessions of the religious instruction shall count as attendance at the public schools for all purposes where attendance forms the basis of computation.
(b) The privilege of this release shall be withdrawn by the department in case the pupil does not actually attend the sessions of religious instruction. No teacher of the public schools shall participate in religious instruction during the school hours for which the teacher is employed to teach in the public schools, and no public funds shall be used directly or indirectly for religious instruction, at any time when its use would otherwise be required in connection with the regular program of the school. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1140 Religious holy days.

§302A-1140 Religious holy days.
The board shall release any public school student from school attendance for the purpose of observing religious holy days that fall on regularly scheduled school days, when the release is requested in writing by a parent, guardian, or other person having custody or control of the pupil. Actual attendance at observances shall count as an excused absence at the public schools for all purposes where attendance forms the basis of computation. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1141 Punishment of pupils limited.

§302A-1141 Punishment of pupils limited.
No physical punishment of any kind may be inflicted upon any pupil, except as provided for under sections 302A-1141.4 and 703-309(2). [L 1996, c 89, pt of §2; am L 2014, c 206, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1141.3 Use of seclusion, chemical restraint, or mechanical restraint prohibited.

§302A-1141.3 Use of seclusion, chemical restraint, or mechanical restraint prohibited.
The use of seclusion, chemical restraint, or mechanical restraint shall be prohibited in public schools regardless of any consent of the student, parents, or guardians. [L 2014, c 206, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1143 Attending school in what service area.

§302A-1143 Attending school in what service area.
A person of school age shall be required to attend the school of the service area, as determined by the department, in which the person resides, unless:
(1) The person is enrolled in a Hawaiian language medium education program or charter school;
(2) A geographic exception to attend a school in another service area is requested and granted at the discretion of the department;
(3) Out-of-service-area attendance is mandated by the department or by federal law; or
(4) The person is enrolled in a career and technical education program under section 302A-1143.5. [L 1996, c 89, pt of §2; am L 2004, c 133, §5; am L 2012, c 133, §20; am L 2021, c 157, §4]
Cross References
Hawaiian language medium education, see chapter 302H.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1143.5 Career and technical education programs; enrollment.

§302A-1143.5 Career and technical education programs; enrollment.
(a) Any school having a career and technical education program shall enroll all students who submit a timely application for participation in the program and who:
(1) Reside within the school's service area;
(2) Were enrolled in the school during the previous school year; or
(3) Reside outside the school's service area;
provided that if enrolling all students pursuant to paragraphs (1), (2), and (3) will cause the enrollment of the school to exceed the capacity of a program, class, grade level, or building, the school shall enroll all students described in paragraphs (1) and (2) and fill any remaining capacity of the program, class, grade level, or building by selecting eligible students described in paragraph (3) through a lottery system.
(b) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section. [L 2021, c 157, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1145 Transfer to another school.

§302A-1145 Transfer to another school.
No school shall receive any student under eighteen years of age, unless the student's parent or legal guardian produces to the school in which the student is to be enrolled, a certificate of release of the school last attended by the student; provided that an emancipated minor may produce the minor's own certificate of release. If the parent or legal guardian of a student applies for the student to be enrolled, or an emancipated minor applies to enroll, in a school of higher grade, a certificate of proficiency or a lawful excuse for its absence shall be required.
This section shall not apply to students eligible for assistance provided under the federal McKinney-Vento Homeless Assistance Act of 1987, including unaccompanied youth who are not under the physical custody of a parent or legal guardian. [L 1996, c 89, pt of §2; am L 2014, c 16, §2 and c 232, §10; am L 2023, c 168, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1147 Use of school grounds by county recreation departments.

§302A-1147 Use of school grounds by county recreation departments.
The board, upon request by a county, shall make school grounds available after school hours in the county where the request is made, for use by the county requesting the same whenever this can be done without interference with the normal and usual activities of the school and its pupils. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1148 Use of school facilities and grounds.

§302A-1148 Use of school facilities and grounds.
(a) All public school buildings, facilities, and grounds shall be available for general recreational purposes, and for public and community use, whenever these activities do not interfere with the normal and usual activities of the school and its pupils. Any other law to the contrary notwithstanding, the department shall adopt rules under chapter 91 as are deemed necessary to carry out the purposes of this section and may issue licenses, revocable permits, concessions, or rights of entry to school buildings and grounds for such periods of use as deemed appropriate by the department. All such dispositions, including those in excess of fourteen days, need not be approved by the board of land and natural resources; provided that approval by the board of land and natural resources shall be required when the dispositions are for periods in excess of a year. The department may assess and collect fees and charges from the users of school buildings, facilities, grounds, and equipment, which include fees and charges assessed and collected by the department for parking on roadways and in parking areas under the jurisdiction of the department, pursuant to section 302A-1151.6. The fees and charges shall be deposited into a separate fund and expended by the department under rules as may be adopted by the board; provided that any parking fees assessed and collected by a school shall be deposited to the credit of that school's nonappropriated local school fund account.
(b) A separate subaccount of the fund established pursuant to subsection (a), to be known as the school facilities subaccount, shall be established for all proceeds from the leases, permits, interest income generated from public school lands, and other revenue generated from the nonpermanent disposition of public school lands, including facilities, pursuant to section 302A-1151.1. The subaccount shall be governed by section 302A-1151.2. [L 1996, c 89, pt of §2; am L 2010, c 190, §3; am L 2013, c 155, §3]
Cross References
After-school and weekend programs, see §302A-408.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1148.5 Use of school grounds; assumption of risk.

§302A-1148.5 Use of school grounds; assumption of risk.
Any person who enters school grounds for the purpose of using the school's grounds, facilities, or equipment for recreational purposes, and who is not a student or member of the faculty or administration of that school, is deemed to assume the risk of liability for any injuries or death resulting from the use of the grounds, facilities, or equipment. This assumption of risk shall not apply if:
(1) The person is an invitee or licensee to whom a duty of care is owed by the school; provided that the person has received prior written authorization from the school principal or other responsible person to use the school's grounds, facilities, or equipment; or
(2) The injuries or death were caused by wilful or wanton misconduct, including but not limited to the wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which was knowingly created or perpetuated, and wilful or malicious failure to guard or warn against a dangerous activity which was knowingly perpetuated.
[L 1997, c 285, §1]
Revision Note
Subsection designation deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1149 Use of school facilities for after-school child care.

§302A-1149 Use of school facilities for after-school child care.
The department may enter into agreements and contracts with individuals, organizations, or agencies for the use of public school buildings, facilities, and grounds for the operation of after-school child care programs. The board shall issue such rules as are necessary to carry out the purposes of this section. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1149.5 After-school plus program revolving fund.

§302A-1149.5 After-school plus program revolving fund.
(a) There is established in the state treasury the after-school plus program, hereinafter A+, revolving fund to be administered by the department.
(b) The A+ revolving fund shall consist of fees collected by the department for A+ and all interest earned on the deposit or investment of moneys in the after-school plus program revolving fund.
(c) The department may establish appropriate fees and other charges to be assessed to each participant for A+. The revenues from those fees and charges shall be deposited into the revolving fund to be used for the program. [L 2004, c 221, §2; am L 2008, c 33, §2; am L 2012, c 133, §21]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1151 Sale of school lands unnecessary for school purposes.

§302A-1151 Sale of school lands unnecessary for school purposes.
The chairperson of the board of land and natural resources is hereby requested, upon the recommendation and approval of the superintendent, to sell any state lands, including the buildings thereon, once used but no longer necessary for school purposes; provided that no school facility or portion of a school facility shall be sold before that facility or portion of the facility is made available for use by the department or charter schools, pursuant to sections 302A-1151.5 and 302D-24. [L 1996, c 89, pt of §2; am L 2010, c 144, §4; am L 2012, c 130, §9]
Cross References
Sale by board of land and natural resources, see §171-19.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1151.2 School facilities subaccount.

§302A-1151.2 School facilities subaccount.
(a) All proceeds from the leases, permits, interest income generated from public school lands, and other revenue generated from the nonpermanent disposition of public school lands, including facilities, pursuant to section 302A-1151.1 shall be deposited into the school facilities subaccount established pursuant to section 302A-1148(b).
(b) Except as otherwise provided, all moneys in the school facilities subaccount shall be used exclusively for the new construction and upgrade of twenty-first century school facilities, as well as the repair and maintenance of existing school facilities. [L 2013, c 155, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1151.5 Use of vacant public school facilities.

§302A-1151.5 Use of vacant public school facilities.
(a) When the department considers whether to close any particular public school, it shall simultaneously give reasonable consideration to making all or portions of the facilities of the public school available to charter schools and pre-plus programs; provided that the facilities may be used for any other purpose the board deems appropriate.
(b) The department shall identify unused public school facilities that may be appropriate for:
(1) Charter schools;
(2) Early learning programs, such as the pre-plus program; and
(3) Any other purpose the board deems appropriate.
Suitable empty classrooms, as determined by the department, shall be inventoried for potential use by charter schools, early learning programs, such as the pre-plus program, or for any other purpose the board deems appropriate. Priority shall be given to facilities on sites with sufficient space for three or more classrooms.
(c) The department shall adopt rules necessary to carry out the purposes of this section.
(d) For purposes of this section, "public school" means any school that falls within the definition of public schools in section 302A-101, except for charter schools.
[(e)] Upon receipt of a notice pursuant to subsection (b), the executive office on early learning shall solicit applications from pre-plus programs interested in using and occupying all or portions of the facilities of the public school and submit a prioritized list of pre-plus programs to the department for final determination of which pre-plus program, if any, shall be authorized to use and occupy the public school facilities. [L 2010, c 144, §2; am L 2012, c 130, §10 as superseded by c 133, §22 and c 178, §4]
Note
In subsection (e), the reference to subsection (b) is to former subsection (b) that was deleted by L 2012, c 133, §22.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1151.6 Parking; control by department.

§302A-1151.6 Parking; control by department.
(a) The department may adopt rules in accordance with chapter 91 to govern the traffic and parking conditions on roadways and other areas under the jurisdiction of the department.
(b) The department, in accordance with chapter 91, may:
(1) Assess fees for parking on roadways and in parking areas under the jurisdiction of the department; and
(2) Adopt rules relating to the assessment and collection of fees for parking specified in this section.
(c) Fees collected under this section shall be deposited into the same fund into which fees and charges assessed and collected by the department for the use of school facilities under section 302A-1148 are deposited; provided that any parking fees assessed and collected by a school shall be deposited to the credit of the school's nonappropriated local school fund account.
(d) The department may contract with the department of accounting and general services or a private entity to implement this section. [L 2010, c 190, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1152 Unauthorized vehicles on school or public library grounds.

§302A-1152 Unauthorized vehicles on school or public library grounds.
Any unauthorized vehicle parked on school or public library grounds may be towed away at the owner's expense, or the owner or driver of the vehicle may be arrested by any police officer without warrant, on complaint of the principal, librarian, or other person in charge of the school or library. Notwithstanding any other law to the contrary, upon conviction for parking an unauthorized vehicle on school or public library grounds, the owner or driver of the vehicle shall be fined not more than $50. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1153 Vandalism damage to public school property.

§302A-1153 Vandalism damage to public school property.
(a) Any pupil found to be responsible for an act of vandalism against any public school, building, facility, or ground shall make restitution in any manner, including monetary restitution by the pupil or pupil's parents, or guardian, or both.
This section shall be in addition to, and shall in no way limit the provisions of any other law concerning, offenses against property rights.
(b) No pupil, parent, or guardian shall be required to make restitution in any manner unless the pupil and the parents or guardian have been notified and have been given an opportunity to be heard, on any report of vandalism involving the pupil, and the pupil, parent, or guardian have executed a written agreement to make restitution.
(c) The principal of the school in which the vandalism occurred shall make or order an investigation of the vandalism. If after the investigation, the principal has reasonable cause to believe that a specific pupil is responsible for the vandalism, the principal shall schedule a conference with the pupil and the pupil's parents or guardian. Except for the principal of the school in which the vandalism occurred, the pupil and the parents or guardian, no other person shall be permitted to be in the conference for any reason.
(d) At the conference, the principal of the school in which the vandalism occurred shall present the findings of the investigation and the requirements of restitution to the pupil and parents or guardian.
If the pupil and the parents or guardian agree with the findings of the principal and the manner in which restitution is to be made, the principal and the pupil and parent or guardian shall execute a written agreement which shall specify the manner in which restitution is to be made.
Agreements shall be made only for damages that do not exceed $3,500.
If restitution is made in this fashion, then no information about the investigation, conference, and the actions taken shall be communicated to any person not directly involved in the proceedings.
If the pupil and parent or guardian do not agree with the findings made by the principal, the principal shall report the findings, including all the records and documents regarding the investigation and conference, to the complex area superintendent, who shall review the findings and may refer the matter to the attorney general for any further action pursuant to section 577-3.
(e) If the damages exceed $3,500, the principal shall report the matter to the complex area superintendent, who shall refer the matter to the attorney general for any further action pursuant to section 577-3.
(f) Notwithstanding any provisions in this section to the contrary, the State may elect to bring any appropriate action for the recovery of all damages to school properties. Nothing in this section shall limit the right of the State to bring an action against any person to recover these damages. [L 1996, c 89, pt of §2; am L 2003, c 187, §11]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1154 Immunization upon attending school; tuberculosis clearance.

§302A-1154 Immunization upon attending school; tuberculosis clearance.
(a) No child shall attend any school in the State unless the child presents to the appropriate school official documentation satisfactory to the department of health that the child has received immunizations against communicable diseases as required by the department of health.
(b) No child shall attend any school for the first time in the State unless the child presents to the appropriate school official documentation satisfactory to the department of health that the child has been examined and tested according to the rules of the department and law and is free from tuberculosis in a communicable form. [L 1996, c 89, pt of §2; am L 1998, c 60, §1; am L 2000, c 109, §1; am L 2014, c 16, §3 and c 232, §11; am L 2017, c 94, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1155 Provisional attendance at school.

§302A-1155 Provisional attendance at school.
(a) A child may attend school provisionally upon submitting written documentation from a licensed physician, physician assistant, advanced practice registered nurse, or an authorized representative of the department of health stating that the child is in the process of receiving the required immunizations. Further documentation showing that the required immunizations have been completed shall be submitted to the appropriate school official no later than three months after the child first attends the school. If all of the required immunizations cannot be completed within three months due to the length of the minimum intervals between doses of a particular vaccine required by the department of health, provisional attendance may be extended so long as the child's parent or guardian provides documentation that appointments for required immunizations have been made and that progress toward completing the immunizations continues in accordance with the requirements of the department of health.
(b) Provisional attendance at school may be suspended by the department of health when there is danger of an epidemic from any of the communicable diseases for which immunization is required. [L 1996, c 89, pt of §2; am L 1997, c 217, §1; am L 1998, c 60, §2; am L 2000, c 109, §2; am L 2009, c 151, §8; am L 2014, c 16, §4 and c 232, §12]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1156 Exemptions.

§302A-1156 Exemptions.
A child may be exempted from the required immunizations:
(1) If a licensed physician, physician assistant, or advanced practice registered nurse certifies that the physical condition of the child is such that immunizations would endanger the child's life or health; or
(2) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's bona
fide religious tenets and practices. Upon showing the appropriate school official satisfactory evidence of the exemption, no certificate or other evidence of immunization shall be required for entry into school. [L 1996, c 89, pt of §2; am L 2009, c 151, §9; am L 2014, c 45, §7]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1157 Exemptions from immunization; not recognized; epidemic conditions.

§302A-1157 Exemptions from immunization; not recognized; epidemic conditions.
If at any time there is, in the opinion of the department of health, danger of an epidemic from any of the communicable diseases for which immunization is required under sections 302A-1154 to 302A-1163, no exemption from immunization against the disease shall be recognized. Quarantine shall be a legal alternative to immunization. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1158 Immunization of indigent children.

§302A-1158 Immunization of indigent children.
The department of health shall provide all immunizations and tuberculin tests to comply with sections 302A-1154 to 302A-1163, as far as public funds will permit, to each child whose parents, guardians, or custodians cannot afford to have the child immunized or tested for tuberculosis, and who have not been exempted under section 302A-1156. Nothing in this section shall preclude the department of health from distributing immunizations and vaccines to physicians, advanced practice registered nurses, or other authorized persons as required by law or by the rules of the department of health. [L 1996, c 89, pt of §2; am L 1998, c 60, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1159 Physical examination required.

§302A-1159 Physical examination required.
(a) No child shall attend any school for the first time in the State unless the child presents to the appropriate school official a report from a licensed physician, physician assistant, or advanced practice registered nurse of the results of a physical examination performed within twelve months before the date of attendance at school. A child may attend school provisionally upon submitting written documentation from a licensed physician, physician assistant, advanced practice registered nurse, or other authorized representative of the department of health stating that the child is in the process of undergoing a physical examination. Further documentation showing that the required physical examination has been completed shall be submitted to the appropriate school official no later than three months after the child first attends the school.
(b) Beginning with the 2017-2018 school year, every child entering seventh grade shall present to the appropriate school official written documentation from a licensed physician, physician assistant, or advanced practice registered nurse showing completion of a physical examination performed within twelve months before the date of attendance. The department shall send notification of the physical examination requirement to the child's parents or guardians, upon the child's entrance into sixth grade, and post the requirement on the department's website. By December 31 of each year, the department shall provide to the department of health a list of students attending seventh grade who have not submitted appropriate written documentation, along with directory information as allowed under the federal Family Educational Rights and Privacy Act. [L 1996, c 89, pt of §2; am L 1998, c 60, §4; am L 2000, c 109, §3; am L 2014, c 16, §5 and c 232, §13; am L 2016, c 185, §2]
Cross References
Department of education student physical examination follow-up assistance and consultations, see §321-35.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1160 Student's health record.

§302A-1160 Student's health record.
The department of education shall provide student health record forms for immunization and physical examination to the schools, private physicians, advanced practice registered nurses, and authorized personnel of the department of health. [L 1996, c 89, pt of §2; am L 1998, c 60, §5; am L 2000, c 109, §4]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1161 Notification for noncompliance.

§302A-1161 Notification for noncompliance.
If a child does not complete the immunizations required under section 302A-1154 or the physical examination required under section 302A-1159 within the period provided by section 302A-1155 after provisional attendance at school, the administrator of the school shall cause a notice to be sent to the parent or guardian of the child stating that if the required immunizations or physical examination is not completed within thirty days of the date of the notice, the child shall not be permitted to attend school. [L 1996, c 89, pt of §2; am L 1997, c 217, §2; am L 2014, c 16, §6 and c 232, §14]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1162 Rules.

§302A-1162 Rules.
(a) The department of health shall adopt rules under chapter 91 relating to immunization, physical examination, and tuberculin testing under sections 302A-1154 to 302A-1163. Immunizations required, and the manner and frequency of their administration, shall conform with recognized standard medical practices. The list of diseases and minimum requirements for protection under sections 302A-1154 to 302A-1163 may be revised whenever the department of health deems it necessary for the protection of public health.
(b) The department shall establish by rule standards for documentation of compliance with school health requirements under sections 302A-1154 through 302A-1163.
(c) The department may adopt, amend, or repeal rules pursuant to chapter 91 to establish a list of specific vaccines that are available or may become available. Notwithstanding the notice, public hearing, and comment requirements of chapter 91 and the provisions of chapter 201M, the director of health, in consultation with the state epidemiologist, may adopt, amend, or repeal as rules, the immunization recommendations of the United States Department of Health and Human Services, Advisory Committee on Immunization Practices, including interim recommendations, as they apply to the list of specific vaccines, if any, described in this subsection. The department shall make the adoption, amendment, or repeal of rules regarding United States Department of Health and Human Services, Advisory Committee on Immunization Practices immunization recommendations known to the public by:
(1) Giving public notice of the substance of the proposed rules at least once statewide; and
(2) Posting the full text of the proposed rulemaking action on the Internet as provided in section 91-2.6.
The rules, when adopted, amended, or repealed pursuant to chapter 91 as modified by this section, shall have the force and effect of law. The department may defer the effective date of adopted, amended, or repealed rules to allow sufficient time to ensure compliance with the new, amended, or repealed rules. [L 1996, c 89, pt of §2; am L 2000, c 109, §5; am L 2013, c 231, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1165 Standardized assessment for students entering kindergarten.

§302A-1165 Standardized assessment for students entering kindergarten.
(a) The board of education shall adopt a kindergarten entry assessment, and the department of education shall administer the kindergarten entry assessment.
(b) The kindergarten entry assessment shall:
(1) Be administered within the first thirty days of each child's admission into kindergarten;
(2) Be a uniform, statewide assessment; provided that the assessment shall be conducted in English or Hawaiian;
(3) Cover all essential domains of school readiness, including:
(A) Language and literacy development;
(B) Cognition and general knowledge;
(C) Approaches to learning;
(D) Physical well-being and motor development; and
(E) Social and emotional development;
(4) Be used in conformance with the recommendations of the National Research Council reports on early childhood; and
(5) Be valid and reliable for its intended purpose.
(c) Information obtained from the kindergarten entry assessments shall be used to:
(1) Close the school readiness gap at kindergarten entry;
(2) Inform instruction in the early elementary school grades; and
(3) Inform parents of their children's status and to involve parents in decisions regarding their children's education.
(d) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, and state public charter school commission to the extent not otherwise prohibited by administrative rule or law. [L 2020, c 46, pt of §2; am L 2021, c 210, §9 and c 230, §5]
Cross References
Prior early learning program information, see §346-186.
Standardized assessment for students entering kindergarten, see §302D-37.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1166 Prior early learning programs attendance disclosure.

§302A-1166 Prior early learning programs attendance disclosure.
(a) At least one parent or guardian of each child entering kindergarten shall disclose to the department the name of, address of, and duration of attendance at the early learning program that the child attended during the previous academic year. The department may also require the disclosure of any other information not otherwise prohibited by law that would assist the department, the department of human services, and the executive office on early learning in developing, assessing, and implementing strategies to meet the early learning needs of children in the State. The department and the executive office on early learning shall use the information to assist the executive office on early learning and department of human services in determining the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children.
(b) The department may include a request for the information required by subsection (a) on a kindergarten enrollment form or any other appropriate form.
(c) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, and state public charter school commission to the extent not otherwise prohibited by administrative rule or law. [L 2020, c 46, pt of §2; am L 2021, c 230, §6]
Note
The effective date note at this section in the main volume is amended to read as follows: "Section effective July 1, 2023". L 2021, c 210, §9.
Cross References
Prior early learning program information, see §346-186.
Prior early learning programs attendance disclosure, see §302D-38.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1181 to 302A-1192 REPEALED.

§ §302A-1181 to 302A-1192 REPEALED.
L 2006, c 298, §3.
Note
L 2006, c 38, §6 purports to amend §302A-1186.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1301 School system financial accountability.

§302A-1301 School system financial accountability.
(a) Beginning with the 1995-1997 fiscal biennium, the department's administrative expenditures shall not exceed 6.5 per cent of the total department operating budget, excluding expenditures for agencies administratively attached to the department, unless approved by the legislature.
(b) Not less than seventy per cent of appropriations for the total budget of the department, excluding debt service and capital improvement programs and appropriations for agencies administratively attached to the department, shall be expended by principals. [L 1996, c 89, pt of §2; am L 2004, c 51, §57; am L 2014, c 232, §15]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1302 and 302A-1303 REPEALED.

§ §302A-1302 and 302A-1303 REPEALED.
L 2012, c 133, § §62, 63.
Note
L 2012, c 130, §11 purports to amend §302A-1302.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1303.5 Committee on weights.

§302A-1303.5 Committee on weights.
(a) There is established within the department of education the committee on weights to develop a weighted student formula pursuant to section 302A-1303.6. The committee may:
(1) Create a list of student characteristics that will be weighted;
(2) Create a system of weights based upon the student characteristics that may be applied to determine the relative cost of educating any student;
(3) Determine specific student weights, including their unit value;
(4) Determine which moneys shall be included in the amount of funds to be allocated through the weighted student formula;
(5) Recommend a weighted student formula to the board of education;
(6) Perform any other function that may facilitate the implementation of the weighted student formula; and
(7) Meet not less than once every odd-numbered year, to review the weighted student formula and, if the committee deems it necessary, recommend a new weighted student formula for adoption by the board of education.
(b) The composition of the committee on weights shall be determined by the board of education based on recommendations from the superintendent of education and dean of the University of Hawaii at Manoa college of education and include principals, teachers, and other members with the appropriate professional skills, experiences, and qualifications needed to facilitate the work of the committee. The superintendent or the superintendent's designee shall chair the committee on weights.
(c) The committee on weights may form advisory subcommittees to obtain input from key stakeholders as determined necessary by the committee.
(d) The members of the committee on weights shall serve at the pleasure of the board of education and shall not be subject to section 26-34. Members of the committee on weights shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 2004, c 51, §3; am L 2011, c 93, §2; am L 2012, c 133, §23]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1303.6 Weighted student formula.

§302A-1303.6 Weighted student formula.
Based upon recommendations from the committee on weights, the board of education may adopt a weighted student formula for the allocation of moneys to public schools that takes into account the educational needs of each student; provided that weighted student formula moneys shall not be used for state-funded prekindergarten programs, except for special education and Title I-funded prekindergarten programs. The department, upon the receipt of appropriated moneys, shall use the weighted student formula to allocate funds to public schools. Principals shall expend moneys provided to the principals' schools. This section shall only apply to charter schools for fiscal years in which the charter schools elect pursuant to section 302D-29 to receive allocations according to the procedures and methodology used to calculate the weighted student formula allocation. [L 2004, c 51, §4 and am c 221, §7; am L 2006, c 298, §13; am L 2011, c 93, §3; am L 2012, c 130, §12 and c 133, §24; am L 2019, c 276, §6]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1305 Inactive student activity accounts.

§302A-1305 Inactive student activity accounts.
Student activity funds that are left in the school for a period of five years after the graduation of the class shall be deposited into the nonappropriated local school fund account unless the graduating class donates, in writing, the funds to the school within the five-year period. Moneys in the nonappropriated local school fund account may be used by the school. [L 1996, c 89, pt of §2; am L 2012, c 133, §25]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1310 Out-of-school time instructional programs; funds, expenditures.

§302A-1310
Out-of-school time instructional programs; funds, expenditures.
All moneys received by and for the public out-of-school time instructional programs from tuition and other fees or from any other source shall be deposited in a special out-of-school time instructional program fund; and except as otherwise provided by the legislature, all expenditures for the operation of public out-of-school time instructional programs shall be made from this fund. [L 1996, c 89, pt of §2 and am c 123, §3; am L 2001, c 163, §4]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1311 Appropriations for trust funds of the department of education.

§302A-1311 Appropriations for trust funds of the department of education.
Notwithstanding any other law to the contrary, in any fiscal year, if the amount of revenues deposited into a trust fund of the department of education exceeds the amount appropriated from that fund for that year, the superintendent may approve expenditures in excess of the amount appropriated, up to the amount by which revenues for that fund exceed the appropriations from that fund for a fiscal year; provided that the department shall submit a report annually to the governor and the legislature of all expenditures in excess of each fund's appropriation for each fiscal year. [L 2000, c 234, pt of §2]