reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-121 Board of education; members; student and military representatives.

Revision Note
Sections 302A-121 to 302A-127 designated as subpart B pursuant to §23G-15.
§302A-121 Board of education; members; student and military representatives.
(a) The board shall consist of nine members as follows:
(1) One member from the county of Hawaii;
(2) One member from the county of Maui;
(3) One member from the county of Kauai;
(4) Three members from the city and county of Honolulu; and
(5) Three at-large members; provided that the governor shall select an at-large member as the chairperson.
The members shall be appointed by the governor, with the advice and consent of the senate. The governor may remove or suspend for cause any member of the board.
(b) Pursuant to article XVIII, section 12, of the Hawaii State Constitution, the period of transition from the elected to the appointed board shall be as determined in section 21 of Act 5, Session Laws of Hawaii 2011.
(c) The members of the board shall serve without pay but shall be entitled to reimbursement for necessary expenses, including travel and board and lodging expenses, while attending meetings of the board or when actually engaged in business relating to the work of the board.
(d) Pursuant to section 302A-447, the state student council shall select a nonvoting public high school student representative to the board.
(e) Pursuant to section 302A-1101(c), the board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board. [L 2011, c 5, pt of §2]
Revision Note
In section heading, "representative" changed to "representatives" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-122 Board of education; eligibility.

§302A-122 Board of education; eligibility.
Except as otherwise provided by law, state officers shall be eligible for appointment and membership to the board. No person shall be eligible for appointment to the board:
(1) Under section 302A-121(a)(1) through (4) unless the person is a resident of the county from which the person is to be appointed; or
(2) Under section 302A-121(a)(5) unless the person is a resident of the State. [L 2011, c 5, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-123 Board of education; terms.

§302A-123 Board of education; terms.
(a) The governor shall set the terms of the members initially appointed to the board under section 21 of Act 5, Session Laws of Hawaii 2011, as follows:
(1) Three members shall serve one-year terms;
(2) Three members shall serve two-year terms; and
(3) Three members, including the chairperson, shall serve three-year terms.
(b) The term of each member shall be three years, except as provided for in the initial appointment in subsection (a). Notwithstanding any law to the contrary, members shall serve no more than three consecutive three-year terms; provided that the members who are initially appointed to terms of two years or less pursuant to subsection (a) may be reappointed to three ensuing consecutive three-year terms. If a member is nominated to a second or subsequent consecutive term, the senate shall consider the question of whether to reconfirm the member at least one hundred twenty days prior to the expiration of the member's immediately preceding term; provided that if the senate has not taken final action to reconfirm the member by the one hundred twenty-day deadline, the member shall continue to serve until the senate takes final action on the reconfirmation.
(c) The term of the student representative shall be one year. The student representative may be selected for one additional consecutive term; provided that the student representative shall be a student at the time of selection and shall be a student for the majority of that term.
(d) Every member may serve beyond the expiration date of the member's term of appointment until the member's successor has been appointed by the governor and confirmed by the senate in accordance with sections 302A-121, 302A-126, and 302A-127. [L 2011, c 5, pt of §2; am L 2014, c 17, §1]
Attorney General Opinions
This statute, providing that a holdover member shall serve until a successor has been "appointed by the governor and confirmed by the senate", is constitutional; the state constitution explicitly grants the legislature the authority to regulate the board in this manner. Att. Gen. Op. 16-3.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-124 Board of education; organization; quorum; meetings.

§302A-124 Board of education; organization; quorum; meetings.
(a) The governor shall select a chairperson of the board; provided that the chairperson shall be selected from among the at-large members. The board shall select a vice chairperson from among its members, and the vice chairperson shall serve as interim chairperson in the event the chairperson's seat becomes vacant.
(b) A majority of all the voting members to which the board is entitled shall constitute a quorum to conduct business. At any time the board has fewer than five voting members, three voting members of the board shall constitute a quorum to conduct business and the concurrence of at least three voting members shall be necessary to make any action of the board valid.
(c) Notwithstanding chapter 92, from the convening of the legislature in regular session to adjournment sine die of each regular session, and during each special session of the legislature, the board may file any notice that specifies only legislation or legislation-related agenda items, no fewer than two calendar days before the meeting. [L 2011, c 5, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-125 Board of education; vacancies.

§302A-125 Board of education; vacancies.
(a) The governor shall notify the senate in writing within ten days of:
(1) Removing a member of the board; or
(2) Receiving notification that a member of the board is resigning or has died;
provided that any vacancy shall be filled by appointment by the governor, with the advice and consent of the senate, in accordance with sections 302A-121, 302A-122, 302A-123, 302A-126, and 302A-127.
(b) Where the chairperson position becomes vacant, the governor may nominate a sitting member of the board to the chairperson position in accordance with subsection (a) and shall fill any resulting vacancy in accordance with subsection (a). [L 2011, c 5, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-126 Board of education; qualifications; administration priorities.

§302A-126 Board of education; qualifications; administration priorities.
(a) Upon the nomination of any board member, the governor shall provide written documentation articulating the administration's goals and priorities with respect to the formation of a highly-functioning, well-balanced board, and describing the nominee's qualifications.
(b) Each nominee shall meet the following minimum qualifications:
(1) Record of integrity, civic virtue, and high ethical standards. Each nominee shall demonstrate integrity, civic virtue, and high ethical standards and be willing to hold fellow board members to the same;
(2) Availability for constructive engagement. Each nominee shall commit to being a conscientious and attentive board member;
(3) Knowledge of best practices. Each nominee shall have an understanding of best practices in educational governance or shall be willing to be trained in such; and
(4) Commitment to educational leadership. Each nominee shall have a clear understanding of the board's role in developing and protecting a clear, long-term strategic vision for Hawaii's public schools, and shall understand the need to hold the superintendent of education accountable for making consistent progress toward that vision.
(c) Each nominee shall ideally meet the following recommended qualifications:
(1) Understanding of collective bargaining. Each nominee should demonstrate an understanding of the collective bargaining process and an ability to participate in that process on behalf of the board free from any conflict of interest;
(2) Experience governing complex organizations. Each nominee should possess experience with complex organizations and a proven ability to function productively within them;
(3) Collaborative leadership ability. Each nominee should have substantial leadership experience that ideally illustrates the nominee's ability to function among diverse colleagues as an effective team member, with the ability to articulate, understand, and help shape consensus surrounding board policies; and
(4) Commitment to education. Each nominee's record should demonstrate a deep and abiding interest in education and a dedication to the social, academic, and character development of young people. [L 2011, c 5, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-127 Board of education; senate advice and consent.

§302A-127
Board of education; senate advice and consent.
In determining whether to confirm the governor's nominees to the board, the senate shall consider the combination of abilities, breadth of experiences, and characteristics of the board, as a whole, that will best serve the diverse interests and needs of the students and their families, the education system in Hawaii from early childhood through higher education, and the public libraries. Such considerations shall include but not be limited to reflecting the diversity of the student population, geographical representation, and a broad representation of education-related stakeholders. [L 2011, c 5, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-201 Statewide performance standards.

Law Journals and Reviews
Helping Hawaii's Diverse Community of English Language Learners: Does the Hawai`i Department of Education Meet Federal Standards for English Language Learner Programs? 38 UH L. Rev. 35 (2016).
A. Student Performance Standards
§302A-201
Statewide performance standards.
The board shall establish statewide performance standards and the means to assess the standards based upon the recommendations in the final report of the performance standards commission established pursuant to Act 334, Session Laws of Hawaii 1991; provided that the board may review and modify the performance standards, as the board deems necessary, to reflect the needs of public school students and educational goals adopted by the board. [L 1996, c 89, pt of §2; am L 2002, c 197, §1; am L 2009, c 33, §2; am L 2011, c 133, § §3, 5]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-251 School year; student hours.

Law Journals and Reviews
Helping Hawaii's Diverse Community of English Language Learners: Does the Hawai`i Department of Education Meet Federal Standards for English Language Learner Programs? 38 UH L. Rev. 35 (2016).
§302A-251 School year; student hours.
(a) Notwithstanding any other law to the contrary, beginning with the 2011-2013 school years, all public schools, excluding charter schools and multi-track public schools, shall implement a school year of one hundred eighty days, excluding professional development days and other non-instructional days negotiated pursuant to chapter 89.
(b) Notwithstanding any other law to the contrary:
(1) For the 2011-2012 school year, fifty per cent of all public elementary schools in the State, excluding charter schools and multi-track public schools, shall implement a school year that includes nine hundred fifteen student hours; and
(2) Beginning with the 2012-2013 school year, all public elementary schools in the State, excluding charter schools and multi-track public schools, shall implement a school year that includes nine hundred fifteen student hours.
(c) Notwithstanding any other law to the contrary, for the 2015-2016 school year, all public secondary schools, excluding charter schools and multi-track public schools, shall implement a school year that includes nine hundred ninety student hours.
(d) Notwithstanding any other law to the contrary, beginning with the 2016-2017 school year, all public schools, excluding charter schools and multi-track public schools, shall implement a school year of one hundred eighty days, excluding professional development days and other non-instructional days negotiated pursuant to chapter 89, that shall include one thousand eighty student hours for both elementary and secondary school grades.
(e) The board, in its discretion, may grant a waiver to any individual school subject to the student hours or one hundred eighty day school year requirements in this section. The board shall adopt policies and procedures to grant a waiver under this subsection.
(f) For purposes of this section, "student hours" shall be inclusive of the full school day in alignment with the State's general learner outcomes.
(g) The department of education, with the board of education and office of the governor, and in consultation with representatives of the affected collective bargaining units, shall submit to the legislature, no later than twenty days prior to the convening of the regular sessions of 2013, 2014, 2015, and 2016, a report on its progress and efforts to meet the requirements of subsections (a), (b), (c), and (d). [L 2010, c 167, §3; am L 2011, c 52, §1; am L 2015, c 21, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-321 Standards-based curriculum.

§302A-321 Standards-based curriculum.
(a) When developing a standards-based curriculum and implementing it in a school or complex, at the minimum, the curriculum shall:
(1) Be specific in its standards-based scope and sequence over a school year for each grade level and course;
(2) Be consistent in course content;
(3) Be aligned across all grade levels;
(4) Specifically address the state content and performance standards and related benchmark maps; and
(5) Be implemented in all appropriate classrooms in the school or complex.
(b) School complexes may choose to develop an articulated and aligned K-12 standards-based curriculum in one or more of the following core content areas:
(1) Language arts;
(2) Mathematics;
(3) Science; and
(4) Social studies.
(c) School complexes shall provide professional development.
(d) School complexes that develop a standards-based curriculum shall use standards-based formative assessment tools to monitor student progress, not less than on a quarterly basis throughout the school year.
(e) School complexes shall develop rigorous classroom-based performance assessments.
(f) School complexes may implement software programs at the school level to help to align school course material with Hawaii content and performance and federal educational standards. [L 2006, c 301, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-322 American Sign Language.

§302A-322 American Sign Language.
For purposes of this chapter, American Sign Language shall be recognized as a world language, and any public school may offer a course in American Sign Language. A student who successfully completes a course in American Sign Language shall be entitled to receive credit for that course toward satisfaction of a world language requirement of the public school at which the course is offered. [L 2016, c 152, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-324 Department of education commercial enterprises revolving fund.

§302A-324 Department of education commercial enterprises revolving fund.
There is established the department of education commercial enterprises revolving fund into which shall be deposited all revenues derived from commercial enterprise operation programs undertaken by the department. Revenues deposited into this fund may be expended by the department for all costs and expenses associated with the operation of the commercial enterprises, including hiring personnel; renovating commercial space; and purchasing merchandise, supplies, and equipment, without regard to chapters 76, 78, 89, 103, and 103D. Any law to the contrary notwithstanding, the department may transfer all funds at its disposal, with the exception of general funds, into the revolving fund to finance the establishment of new commercial enterprises. The department may adopt rules pursuant to chapter 91 governing the expenditure of revenues deposited in the revolving fund. [L 2022, c 145, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-401 Dual credit program.

§302A-401
Dual credit program.
(a) There is created in the department the dual credit program to permit eligible students to enroll in any qualified course offered by the University of Hawaii system.
(b) For the purposes of this section:
"Eligible student" means a public high school student in the ninth, tenth, eleventh, or twelfth grade who:
(1) Has passed an assessment approved by the college that demonstrates the student's ability to succeed at the college level;
(2) Is under the age of twenty-one as of September 1 of the school year in which the college course is taken; and
(3) Has other qualifications deemed appropriate by the department of education or the University of Hawaii; provided that subsequent qualifications do not restrict any student from taking the assessment.
"Qualified course" means any vocational or academic course offered by the University of Hawaii system that also applies to the department's graduation requirements or is otherwise permitted by department rule or policy.
(c) All course credits successfully completed pursuant to this section that would otherwise be transferable but for a student's grade level, shall be transferable to any University of Hawaii system degree granting institution; provided that the student is admitted to the campus where the credit is transferred.
(d) One hundred level or above University of Hawaii courses that fulfill an undergraduate or graduate degree course requirement and that are successfully completed under this section shall also satisfy the department's graduation requirements as determined by the department pursuant to rule.
(e) This section shall not preclude the department and the University of Hawaii from establishing programs by mutual agreement that permit high school students to enroll in college courses. [L 1996, c 89, pt of §2; am L 2000, c 236, §2; am L 2004, c 222, §1; am L 2007, c 282, §2; am L 2015, c 113, §2]
Cross References
Dual credit program, see §304A-803.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-404 School meals.

§302A-404 School meals.
(a) School meals shall be made available under the school meals program in every school where the students are required to eat meals at school.
(b) No student shall be denied a meal solely for failure to pay:
(1) Within the first twenty-one days of the first semester of a school year while the student's application for free or reduced lunch is being processed; or
(2) Within seven days after a student's meal fund account reaches a zero or negative balance.
(c) The department may adopt rules or policies governing the collection of funds for student meal accounts with a negative fund balance; provided that no rule or policy shall prohibit feeding a student as required pursuant to subsection (b). [L 1996, c 89, pt of §2; am L 2009, c 26, §3; am L 2017, c 194, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-405 School cafeterias; funds; expenditures.

§302A-405 School cafeterias; funds; expenditures.
(a) The price for school meals shall be set by the department to ensure that moneys received from the sale of the meals shall be not less than one-half of the cost of preparing the meals. The prices for school meals may be adjusted annually based on the previous year's costs rounded to the nearest five cents; provided that the department by rule shall provide a lower rate or free meals to children based on their economic need.
(b) All moneys received by or for the public school cafeterias from the sale of meals, the sale of services, the federal government, or any other source, shall be deposited in one special school lunch fund. Except as otherwise provided by the legislature, all expenditures for the operation of public school cafeterias shall be made from this fund.
(c) It is the intent of this section not to jeopardize the receipt of any federal aid and to the extent, and only to the extent necessary to effectuate this intent, the governor may modify the strict provisions of this section, but shall promptly report any such modification with the governor's reasons therefor to the next succeeding session of the legislature for review. [L 1996, c 89, pt of §2; am L 1998, c 311, §6; am L 2000, c 171, §2; am L 2005, c 71, §2; am L 2009, c 26, §4]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-405.5 Hawaii farm to school program; farm to school coordinator.

§302A-405.5 Hawaii farm to school program; farm to school coordinator.
(a) There is established within the department a Hawaii farm to school program. The purpose of the farm to school program shall be to:
(1) Improve student health;
(2) Develop an educated agricultural workforce;
(3) Enrich the local food system through the support and increase of local food procurement for the State's public schools;
(4) Accelerate garden and farm-based education for the State's public school students; and
(5) Expand the relationships between public schools and agricultural communities.
(b) The Hawaii farm to school program shall be headed by a farm to school coordinator who shall work in collaboration with the appropriate stakeholders to address the issues of supply, demand, procurement, and consumption of Hawaii-grown foods in state facilities, primarily education facilities, and take reasonable steps to incorporate more agriculture and nutrition education in schools. [L 2021, c 175, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-405.6 Farm to school meals.

§302A-405.6 Farm to school meals.
(a) By 2030, the department shall meet the local farm to school meal goal that thirty per cent of food served in public schools shall consist of locally sourced products, as measured by the percentage of the total cost of food.
(b) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2022, containing the following information:
(1) The status of the department's progress in meeting the local farm to school meal goal;
(2) The percentage of food served in public schools that consists of locally sourced products, by county, as measured by the percentage of the total cost of food;
(3) The costs associated with the farm to school meals program and any savings realized;
(4) A list of all large purchases of locally sourced products and the identity of the seller;
(5) A list of meals on a school menu consisting of the largest percentage of locally sourced products, as measured by the percentage of the total cost of food;
(6) The percentage of fresh food served, by county, as measured by the percentage of the total cost of food;
(7) The percentage of processed food served, by county, as measured by the percentage of the total cost of food;
(8) A description of the training conducted to prepare cafeteria staff for cooking meals from scratch; and
(9) The percentage of locally sourced products purchased from the department's largest distributors, as measured by the percentage of the total cost of food.
(c) For the purposes of this section:
"Fresh local agricultural products" means fruits, vegetables, nuts, coffee, eggs, poultry and poultry products, livestock and livestock products, milk and milk products, aquacultural and maricultural products, and horticultural products that are one hundred per cent grown, raised, and harvested in Hawaii.
"Local value-added processed, agricultural, or food products" means at least fifty-one per cent of the product's primary agricultural product shall be grown, raised, and harvested in Hawaii.
"Locally sourced products" means fresh local agricultural products or local value-added processed, agricultural, or food products.
"Primary agricultural product" means the major agricultural product in a processed or value-added agricultural or food product. [L 2021, c 175, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-406 Transportation of school children.

§302A-406 Transportation of school children.
(a) The department may provide suitable transportation to and from school and for educational field trips for all children in grades kindergarten to twelve and in special education classes. The department shall adopt policies, procedures, and programs as it deems necessary to provide suitable transportation.
(b) The department shall adopt rules under chapter 91 governing the supervision and administration of the transportation of school children under this section. [L 1996, c 89, pt of §2; am L 2010, c 167, §5; am L 2013, c 257, §2]
Cross References
Interference with the operator of a public transit vehicle, see §711-1112.
State function, see §27-11.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-407 School bus contracts.

§302A-407 School bus contracts.
(a) Any school bus contract between the State and the contractor shall include a provision requiring the contractor to equip the contractor's vehicles with the signs and visual signals described in section 291C-95(d) and (g). The contract shall also include other provisions as may be deemed necessary by the State for the safety of school bus passengers and shall include provisions requiring compliance with the rules and standards described in section 286-181.
(b) All moneys received from students and parents or guardians of students by public schools for state-provided school busing services, as authorized by section 302A-406, shall be deposited into the school bus fare revolving fund. Except as otherwise provided by the legislature, expenditures for the operation of state-contracted school bus services, as authorized by section 302A-406, shall be made from this fund. [L 1996, c 89, pt of §2; am L 2002, c 108, §3; am L 2013, c 257, §3]
Cross References
Pupil transportation safety, see §286-181.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-407.5 School bus fare revolving fund.

§302A-407.5 School bus fare revolving fund.
(a) There is established in the state treasury the school bus fare revolving fund, into which shall be deposited all moneys received from students and parents or guardians of students by public schools for state-provided school busing services, as authorized by section 302A-406.
(b) Except as otherwise provided by the legislature, moneys in the school bus fare revolving fund shall be used for school busing services, as authorized by section 302A-406. [L 2002, c 108, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-408 After-school and weekend programs.

§302A-408 After-school and weekend programs.
The department and the appropriate county agencies may establish and regulate programs of after-school and weekend community-school activities for children, including but not limited to child-care programs, arts and crafts, hula, ukulele, and other recreational projects, wherever feasible, at public school and public park facilities. In addition to any appropriation of public funds, reasonable fees established by the agencies operating the programs may be collected from children enrolled, in the furtherance of particular programs. The appropriate agencies may obtain from time to time the services of persons in a voluntary or unpaid capacity, exempt from chapter 76, as may be necessary for carrying out the purposes of this section, and may regulate their duties, powers, and responsibilities when not otherwise provided by law. Any person whose services have been so accepted, while engaged in the performance of duty under this section, shall be deemed a state employee or an employee of a political subdivision, as the case may be, in determining the liability of the State or the political subdivision for the negligent acts of these persons. [L 1996, c 89, pt of §2; am L 2000, c 253, §150; am L 2001, c 174, §1]
Cross References
Employees; criminal history record checks, see §302A-601.5.
Use of school facilities for recreational and community purposes, see §302A-1148.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-411 Kindergarten program; establishment; attendance.

§302A-411 Kindergarten program; establishment; attendance.
(a) The department shall establish and maintain kindergartens with a program of instruction as a part of the public school system; provided that:
(1) Attendance in kindergarten shall be mandatory, unless exempted by subsection (b) or section 302A-1132; and
(2) Charter schools shall not be excluded from mandatory participation in the program.
(b) Beginning with the 2014-2015 school year, any parent, guardian, or other person having the responsibility for, or care of, a child who will be at least five years of age on or before July 31 of the school year shall enroll the child in a public school kindergarten unless the child is enrolled at a private school or the child's attendance is otherwise exempt under section 302A-1132.
(c) The department may accept gifts to establish and maintain kindergartens. [L 1996, c 89, pt of §2; am L 1997, c 362, §1; am L 2004, c 219, §2; am L 2006, c 298, §9; am L 2009, c 194, §2; am L 2010, c 183, §2; am L 2012, c 178, §3; am L 2014, c 76, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-412 Blind or visually handicapped concessionaires.

§302A-412 Blind or visually handicapped concessionaires.
(a) Each secondary public school, upon the approval of the principal, may allow on the premises vending machines operated as a concession; provided that the concession shall be operated only by a blind or visually handicapped person, as defined in sections 235-1, 347-1, and 347-2. The location and operation of the vending machines and the items dispensed shall be approved by the principal.
(b) The concession shall be awarded and operated under chapter 102; provided that the selection of a concessionaire shall be in accordance with departmental guidelines and shall take into consideration the price of the items sold and any revenue-sharing arrangement made with school-related program organizations. [L 1996, c 89, pt of §2; am L 2003, c 187, §5; am L 2012, c 133, §7]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-413 Driver education.

§302A-413 Driver education.
(a) The department may establish and administer a motor vehicle driver education and training program to be conducted at each public high school in the State.
(b) The department, for the purpose of this section, shall:
(1) Set the prerequisites and priorities for enrollment in the course of driver education and training, which shall be open to every resident of the State who is fifteen years of age or older and under nineteen years of age;
(2) Establish the requirements for and employ necessary instructors, who are certified to have completed satisfactorily an approved instructor's course, to conduct the course in driver education and training;
(3) Issue a certificate of completion to every student upon satisfactory completion of the course in driver education and training;
(4) Purchase, rent, or acquire by gift, materials and equipment necessary for the program established by this section; and
(5) Cooperate with the chief of police in each county in promoting traffic safety.
(c) The department may adopt rules under chapter 91, necessary for the purposes of this section and section 302A-414. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-414 Courses for instructors in driver education.

§302A-414 Courses for instructors in driver education.
(a) The department shall be responsible for conducting approved courses for instructors in driver education and training.
(b) The department shall certify any person who satisfactorily completes a course for instructors in driver education and training as provided in subsection (a). [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-415 Motor vehicles for driving instruction; purchase and sale.

§302A-415 Motor vehicles for driving instruction; purchase and sale.
The department may enter into agreements with any dealer or company for the purchase of motor vehicles for driving instruction in the public schools if the agreements provide that the department pay $1 for each motor vehicle, take title thereto in the name of the State, and agree to resell it to the seller for $1 within sixty days following the last day of the school year. In the event of the seller's failure to repurchase, the department may retain the motor vehicle or dispose of it in accordance with rules adopted under chapter 91. [L 1996, c 89, pt of §2; am L 2004, c 216, §34]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-417 Traffic safety education.

§302A-417 Traffic safety education.
(a) The department may establish and administer a traffic safety education program to be conducted at each public school for students from grades kindergarten through twelve.
(b) The department may establish the requirements for the position of traffic safety education specialist and may employ at least one traffic safety education specialist for the purposes of this section. The traffic safety education specialist may be paid out of fees allocated to the director of commerce and consumer affairs from the special drivers education fund account pursuant to section 431:10C-115. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-420 Profits and school credit for students.

§302A-420 Profits and school credit for students.
All net profits arising from agricultural, industrial, or commercial enterprise pursuits at any school, under the rules of the department:
(1) Shall be used by the school to support agricultural, industrial, and commercial enterprise pursuit programs and for the purchase of equipment and materials, not otherwise provided for in the school budget, that will be of general benefit to the students; or
(2) May be distributed among the students actually engaged in the pursuits; provided that school credit may also be granted to students engaged in the permitted operations, either in addition to, or in lieu of, any net profits distributed to the students;
provided further that the commercial enterprise does not affect the tax-exempt status of general obligation bonds and complies with the requirements of section 302A-448. The department shall provide for the keeping of simple books of account, showing the source and distribution of the money resulting from the operations carried on pursuant to this section, and for the auditing of these books of account at least quarterly. [L 1996, c 89, pt of §2; am L 1997, c 144, §2; am L 2022, c 148, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-426 Suspension and revocation of license; procedure.

§302A-426 Suspension and revocation of license; procedure.
(a) The department, after notice and opportunity for a hearing, may suspend or revoke a license at any time when, in the judgment of the department, the licensee is not complying with section 302A-425 or the rules that may be adopted by the board. The notice of hearing shall be served personally or sent to the licensee by registered or certified mail with return receipt at the licensee's last known address.
(b) Notice of suspension or revocation shall be served personally upon the licensee or sent to the licensee by registered or certified mail with return receipt, and the licensee shall forward the licensee's license at once to the department, and cease at once to operate the private trade, vocational, or technical school.
(c) All proceedings shall be subject to chapter 91. [L 1996, c 89, pt of §2; am L 2017, c 164, §5]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-430 Coverage for workers' compensation.

§302A-430 Coverage for workers' compensation.
Whenever a student participating in a school-approved work-based learning program sponsored by the department of education or the University of Hawaii undertakes to perform work for a private or public employer as part of the student's work-based learning program, whether paid or unpaid, the State shall be deemed to be the responsible employer for the purposes of workers' compensation coverage, that shall be the student's exclusive remedy to the same extent as provided for in chapter 386 as against the State and the private employer participating in the program. [L 1996, c 89, pt of §2; am L 1997, c 344, §3; am L 2001, c 242, §2; am L 2008, c 24, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-431 Rules; reporting.

§302A-431
Rules; reporting.
(a)
The board and the board of regents of the University of Hawaii may adopt necessary rules under chapter 91 to administer and implement sections 302A-430 and 302A-431, including the adoption of safety guidelines and safety inspection procedures of facilities where students are placed. The department and the University of Hawaii shall inspect each facility annually prior to the placement of students with these facilities.
(b) The University of Hawaii shall submit a biennial report to the governor and the legislature prior to the convening of each regular session in the first year of each biennium that identifies the cost impacts to the State of providing workers' compensation coverage for University of Hawaii students. [L 1996, c 89, pt of §2; am L 1997, c 344, §4; am L 2012, c 133, §8; am L 2022, c 224, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-432 Adult and community education authorized.

§302A-432 Adult and community education authorized.
To provide increased opportunity for the people of Hawaii, the department shall establish and regulate a program of adult and community education of less than college grade. The department shall provide public school buildings and other facilities, and use public school equipment under conditions determined by the department, when the equipment is needed, for adult and community education programs. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-433 Scope of adult and community education programs offered.

§302A-433 Scope of adult and community education programs offered.
As rapidly as resources are available and interest is developed, instructional programs shall be initiated in the following fields:
(1) Basic elementary education. A foundation program in reading and speaking English, writing, and arithmetic for persons with no schooling or only primary grade training;
(2) Advanced elementary education. A program in advanced elementary education for those persons who have completed four to eight years of schooling and who desire to obtain more complete mastery of the fundamentals;
(3) Secondary education. A program of secondary education for those adults who, in youth, left school or for some reason had their education curtailed and who now desire to continue their education; for those youths who have been excepted from compulsory attendance under section 302A-1132; and for those youths who are in need of courses to complete their high school graduation requirements;
(4) Adult literacy education. A basic program in reading and writing English, and arithmetic for persons who need to develop or improve their mastery of basic literacy skills in these areas for purposes of enhancing their personal, social, or employment lives;
(5) Homemaking and parent education. A program in homemaking and parent education for all those parents and other adults who desire training in family life, including child care, nursing, budgeting, and other instruction basic to homemaking;
(6) Community education. A program to facilitate understanding and enlightenment in civic duties, responsibilities, and obligations for all persons who desire to keep pace with today's community, national, and world developments and who realize the necessity of continuing study for the adequate fulfillment of their civic functions. Community education addresses responsibilities within a given community, especially concerns related to education and the schools, and offers additional services to supplement and enrich the educational program of in-school children and youths;
(7) Naturalization training. The standard course of training provided by the United States Citizenship and Immigration Services, which shall be provided to all those persons who have filed applications for United States citizenship and desire to enroll in such a course under the supervision of the department; and
(8) Cultural opportunities. A program of adult and community education that will meet the interests and desires of those people who wish to enrich and to broaden their cultural, recreational, and social interests. [L 1996, c 89, pt of §2; am L 2005, c 22, §13]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-433.5 Adult workforce readiness program; established.

§302A-433.5 Adult workforce readiness program; established.
(a) There is established within the department an adult workforce readiness program to be administered by the adult and community education program.
(b) The department shall designate schools, including adult and community schools, that may participate in the program.
(c) Designated adult workforce readiness program schools shall provide opportunities for students to earn associate degrees, as well as workforce development diplomas, pre-apprenticeship certificates, and other industry-recognized certificates that assess and document the student's readiness for a wide range of employment.
(d) The department may coordinate with the department of labor and industrial relations and the department of human services division of vocational rehabilitation and may enter into contracts with local industry employers, as appropriate, to develop and implement the workforce readiness program.
(e) The department may adopt rules pursuant to chapter 91 for the purposes of this section. [L 2022, c 261, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-434 Advisory council for adult and community education.

§302A-434 Advisory council for adult and community education.
The board shall appoint an advisory council for adult and community education composed of fifteen or more representatives of industry, labor, civic organizations, and education. Appointments shall be for a term of two years with reappointments optional but not to exceed a total of six years on the advisory council. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-435 Financing adult and community education program.

§302A-435 Financing adult and community education program.
The financial support for this program shall be in part from fees collected from students enrolled, and in part from public funds appropriated for this purpose. Fees shall be set in accordance with the recommendations of the advisory council, and may be collected from students regularly enrolled; provided that:
(1) Adults registered with the department of labor and industrial relations and unemployed shall be granted free enrollment in such courses as will tend to assist these persons in securing employment;
(2) Adults certified by the department of human services as indigent may be enrolled on a nonfee basis in classes that will tend to assist these persons in becoming self-sustaining;
(3) Discharged veterans who are entitled to federal educational assistance shall be enrolled upon authorization of the Department of Veterans Affairs and fees shall be charged against federal funds in accordance with Department of Veterans Affairs contract regulations; and
(4) Administrative and supervisory costs, costs of instruction, and all other necessary expenses not covered by fees and other authorized charges shall be paid for out of funds appropriated for this purpose. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-436 Departmental duty toward exceptional children.

§302A-436 Departmental duty toward exceptional children.
(a) It is hereby declared to be of vital concern to the State that all exceptional children residing in the State be provided with instruction, special facilities, and special services for education, therapy, and training to enable them to live normal competitive lives. In order to effectively accomplish this purpose, the department shall establish and administer instruction, special facilities, and special services for the education, therapy, and training of exceptional children, and provide in connection therewith corrective therapy, together with academic, occupational, and related training. The department shall cooperate with other agencies of the State charged with the administration of laws providing any type of service or aid to the exceptional child, and with the United States government through any appropriate agency or instrumentality in developing, extending, and improving the foregoing instruction, special facilities, and special services.
(b) This program shall include boarding facilities, when necessary, special classes in schools or homes, and such other facilities as shall be required to render appropriate services to the exceptional child. Existing facilities, buildings, and equipment belonging to, or operated by, the State shall be made available for these purposes when use thereof does not conflict with the primary use of the facilities. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-438 Facilities, service, when required.

§302A-438 Facilities, service, when required.
Where one or more exceptional children are found in any one complex area superintendent's district, the superintendent of education shall provide instruction, special facilities, and special services according to the specifications of sections 302A-436 to 302A-443 in a manner most expedient and economical. [L 1996, c 89, pt of §2; am L 2003, c 187, §6]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-440 Coverage for workers' compensation of an exceptional child.

§302A-440 Coverage for workers' compensation of an exceptional child.
Whenever an exceptional child as defined in section 302A-101 undertakes to perform work for a private employer as part of a school-approved work-based learning program, whether paid or unpaid, the State shall be deemed to be the responsible employer for the purposes of workers' compensation coverage. [L 1996, c 89, pt of §2; am L 1997, c 344, §5; am L 2001, c 242, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-441 Studies, surveys, rules.

§302A-441 Studies, surveys, rules.
The department shall establish and make such studies, surveys, evaluations, and rules as are necessary to carry out the purposes of sections 302A-436 to 302A-443. [L 1996, c 89, pt of §2]