reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-642 Asthma training.

§302A-642 Asthma training.
(a) The department may develop and provide asthma training to teachers and other department employees who interact with students. Any training provided under this section shall include recognizing the symptoms of asthma and asthma management.
(b) The department may allow parents and guardians of students and any other department employee to attend the training at no cost.
(c) The department may set the standards and frequency for the training and may coordinate as necessary with any public or private entity to provide the training provided under this section.
(d) The department may use existing educational and training resources available in the public and private sectors when developing the training provided under this section. [L 2022, c 147, §3]
Cross References
Asthma education instruction, see §302A-454.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-701 Incentive packages for quality teachers, principals, and vice-principals.

§302A-701 Incentive packages for quality teachers, principals, and vice-principals.
Teachers, principals, and vice-principals in the public school system may accept incentive packages provided by local communities for the purpose of retaining those teachers, principals, and vice-principals in schools with high teacher, principal, or vice-principal turnover. Packages may include such items as:
(1) Provision of housing;
(2) Provision of mileage reimbursement;
(3) Provision of discounts at local businesses; and
(4) Other items not covered by chapter 89, and agreed upon by the community. [L 1996, c 89, pt of §2; am L 2001, c 256, §6]
Cross References
Other incentives, see chapter 304A.
Teachers' housing, see § §302A-832 to 302A-835.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-702 Candidates for certification.

§302A-702 Candidates for certification.
(a) There is created in the department, a national board certification support program to provide assistance to any teacher in a public school who becomes a candidate for national board certification.
(b) The Hawaii teacher standards board shall develop, implement, and administer the program. [L 2001, c 314, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-703 Educational officers, salary incentives.

§302A-703 Educational officers, salary incentives.
(a) The salary ranges for principal and vice-principal positions shall be determined by the board, based on the position classification/compensation plan approved by the board and salary incentives designed to:
(1) Keep exemplary principals and vice-principals at the school level;
(2) Encourage exemplary principals and vice-principals to accept long-term assignments to hard-to-staff schools, special needs schools, and schools with high teacher turnover;
(3) Encourage exemplary teachers to become vice-principals;
(4) Encourage exemplary vice-principals to become principals; and
(5) Encourage exemplary educational officers to become vice-principals.
(b) The department shall develop a definition of "exemplary" in consultation with the appropriate collective bargaining representative.
Salary ranges and salary incentives for educational officer positions shall be subject to the requirements of section 302A-625. [L 2001, c 256, pt of §1; am L 2016, c 87, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-704 Tuition assistance for exemplary teachers to attend the University of Hawaii.

§302A-704 Tuition assistance for exemplary teachers to attend the University of Hawaii.
(a) The superintendent, subject to the availability of funds, may award tuition assistance to exemplary teachers who want to become vice-principals in Hawaii's public schools, and who are:
(1) Residents of the State, as defined by the board of regents pursuant to section [304A-402]; and
(2) Taking courses that will lead to certification as a public school principal, on any campus of the University of Hawaii.
(b) The superintendent shall adopt rules in accordance with chapter 91 to carry out the purposes of this section. The rules shall include:
(1) A definition of "exemplary teacher" as determined under section 302A-703(b);
(2) Descriptions of the minimum academic qualification of students who may be awarded full or partial tuition assistance under this section;
(3) Listings of acceptable fields of study, degrees, and periods of eligibility for students who may be awarded tuition assistance under this section;
(4) Procedures for demonstrating the ongoing, satisfactory academic performance of students who have accepted tuition assistance under this section;
(5) Explanations of any obligations for students who have accepted tuition assistance under this section;
(6) Procedures for administratively transferring moneys for tuition assistance awarded under this section from the department of education to the University of Hawaii; and
(7) Procedures for enforcing this subsection.
(c) Chapters 42F, 103D, and 103F shall not apply to this section. [L 2001, c 256, pt of §1; am L 2006, c 75, §8]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-706 Teacher national board certification incentive program.

§302A-706 Teacher national board certification incentive program.
(a) There is established within the department the teacher national board certification incentive program to recognize and support exemplary teaching practice by supporting public school teachers who have achieved national board certification under the certification program of the National Board for Professional Teaching Standards. The teacher national board certification incentive program shall provide:
(1) A $5,000 bonus per year for each public school teacher who maintains current national board certification;
(2) $1,500 upon completing all components of the certification program of the National Board for Professional Teaching Standards;
(3) A reimbursement of the remainder of the national board certification application fee upon achievement of national board certification; and
(4) An additional $5,000 bonus per year for each public school teacher who maintains current national board certification and who teaches at:
(A) A school in a focus, priority, or superintendent's zone, or other similar designation, as determined by the department;
(B) A school with a high turnover rate, as determined by the department; or
(C) A hard-to-fill school, as determined by the department.
(b) The incentive program shall include a mentoring component that encourages and enables national board-certified teachers to assist other teachers and share their teaching expertise. [L 2004, c 51, §38; am L 2007, c 228, §1; am L 2015, c 107, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-707 Felix stipend program special fund.

§302A-707
Felix stipend program special fund.
(a) There is established the Felix stipend program special fund, into which shall be deposited all moneys received as repayment from students due to a breach in contractual agreements under the Felix stipend program, which offers tuition waivers for qualified candidates who enroll at the University of Hawaii in special education teacher programs at the undergraduate, post-baccalaureate, and graduate levels in exchange for their agreement to work for the department for a period of three to five years immediately following completion of their teacher preparation program.
(b) The special fund shall be administered and used by the department to provide ongoing funding for the provision of tuition assistance to students for the Felix consent decree recruitment and retention program, or any successor programs, and related costs. [L 2007, c 276, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-708 Career development opportunities.

§302A-708 Career development opportunities.
The department shall provide career pathways development and training opportunities to all school health assistants in the school health services field and other fields within the department to ensure the opportunity for continued employment with the department. [L 2007, c 105, §4; am L 2023, c 173, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-709 Computer science teacher development programs.

§302A-709
Computer science teacher development programs.
(a) The department may enter into a contract or agreement with one or more entities to develop and implement computer science teacher development programs; provided that an entity shall be:
(1) An educational agency, including a charter educational agency, or a consortia of educational agencies in the State;
(2) An institution of higher education located in the State; or
(3) A nationally recognized provider of effective computer science professional development.
(b) An entity that intends to enter into a contract or agreement with the department pursuant to this section shall first submit a proposal to the department that, at minimum, shall address how the entity plans to:
(1) Instruct teachers with varying levels of knowledge and experience in computer science;
(2) Provide teachers with experience in hands-on, inquiry-based practices;
(3) Utilize effective practices for professional development;
(4) Emphasize the conceptual foundations of computer science;
(5) Instruct teachers how to effectively teach students in computer science, including students from demographic groups that are historically underrepresented in computer science careers;
(6)
Adapt its instruction to accommodate the particular needs of teachers in different schools and districts; and
(7) Meet other requirements established by the department. [L 2018, c 51, pt of §2]
Cross References
Computer science; curricula plan; public schools, see §302A-323.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-802 Licensing and certification standards; policies.

§302A-802 Licensing and certification standards; policies.
(a) The board shall establish licensing and certification standards that govern teacher licensing and certification in Hawaii. Licensing and certification standards established by the board shall be adopted as rules under chapter 91 unless otherwise specified in this subpart.
(b) In the development of its standards, the board shall consider the existing teacher applicant pool that is available in the State and the level of the qualification of these applicants, as well as the nature and availability of existing preservice teacher training programs.
(c) The board shall adopt policies, exempt from chapters 91 and 92, to initiate the following:
(1) Develop criteria allowing more individuals with trade or industry experience to teach in vocational, technical, and career pathway programs, and criteria for the issuance of permits allowing qualified individuals to teach when recommended by the superintendent or the commission, when appropriate. The department or the commission, when appropriate, shall be responsible for the review and acceptance of the relevant licenses, certificates, or other qualifications related to an individual's vocational, technical, or career pathway education-related experience that the department or the commission, when appropriate, deems necessary for a permit. The department or the commission, when appropriate, shall have the authority to waive the requirement of a bachelor's degree to teach in a vocation, technical, or career pathway education program;
(2) Develop a plan to accept teachers from any state as long as they have completed state-approved teacher education programs and pass relevant Hawaii teacher examinations or their equivalent;
(3) Clarify the requirements, on a state-by-state basis, for out-of-state licensed teachers to obtain a license in Hawaii;
(4) Develop a plan to facilitate licensing for those who intend to teach in Hawaii immersion programs, the island of Niihau, or any other extraordinary situation as defined by the superintendent or the superintendent's designee, or by the commission, when appropriate;
(5) Pursue full teacher license reciprocity with all other states; and
(6) Develop a plan to facilitate an optional certification for those who teach or intend to teach at private schools. [L 1996, c 89, pt of §2; am L 2001, c 312, pt of §10, §13; am L 2002, c 16, §18; am L 2005, c 159, §12; am L 2006, c 226, §2; am L 2007, c 146, §2; am L 2014, c 39, §4; am L 2020, c 53, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-805 Teachers; license or permit required; renewals.

§302A-805
Teachers; license or permit required; renewals.
[(a)] No person shall serve as a half-time or full-time teacher in a public school without first having obtained a license or permit from the board under this subpart. All licenses and permits issued by the board shall be valid only for the fields specified on the licenses and permits and shall be renewable every five years for a standard license and every ten years for an advanced license if the individual continues to:
(1) Satisfy the board's licensing and permit standards and submits verification, in a form specified by the board, that the individual has completed activities specified by the board in fulfillment of each of the teacher performance standards established by the board;
(2) Show evidence of successful teaching in the previous five years through verification by a supervisor, in a form specified by the board;
(3) Meet the professional fitness requirements established by the board;
(4) Satisfy the board's requirements for renewal of licenses and permits; and
(5) Pay all applicable license and permit fees in a timely manner.
The board shall randomly audit a licensee's or permit holder's compliance with paragraph (1) and may establish rules, pursuant to chapter 91, for the random audits.
[(b)] No person shall be issued a license or permit, or teach on an emergency basis in the public schools without having first paid the fees established by the board in accordance with chapter 91.
[(c)] The failure to timely renew a license or permit, pay all fees in a timely manner, or comply with any other requirement provided by law or administrative rule shall result in the automatic forfeiture of the license or permit. A person with a forfeited license or permit shall not teach at a public school until that person's license or permit is restored. Restoration of a license or permit shall require compliance with the renewal requirements provided by law or administrative rule and payment of all applicable renewal and late fees. Upon restoration of a person's license or permit, the person may teach at a public school. [L 1996, c 89, pt of §2; am L 1997, c 195, §3; am L 2000, c 106, § §2, 4; am L 2001, c 312, pt of §10, §12; am L 2004, c 10, §9; am L Sp 2009, c 2, § §4, 12; am L 2010, c 184, § §3, 9; am L 2011, c 134, §3; am L 2014, c 39, §7; am L 2018, c 50, §2; am L 2019, c 111, §12]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-805.5 Approval of teacher education programs; professional development of teachers. The board shall be responsible for approving teacher education programs that meet the standards established by the board. The board may engage in efforts relating to the improvement of instruction through teacher education and professional development, and to attract qualified candidates for teacher training from among the high school graduates of the State. [L 2001, c 312, pt of §2]

§302A-805.5
Approval of teacher education programs; professional development of teachers.
The board shall be responsible for approving teacher education programs that meet the standards established by the board. The board may engage in efforts relating to the improvement of instruction through teacher education and professional development, and to attract qualified candidates for teacher training from among the high school graduates of the State. [L 2001, c 312, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-805.6 Efforts related to teacher quality.

§302A-805.6 Efforts related to teacher quality.
(a) The board may participate in efforts relating to issues affecting teacher quality. The board may conduct professional development activities related to its standards, and shall promote and support high teacher standards and accomplished teaching through means deemed appropriate by the board.
(b) To remain current with trends and issues in teacher licensure systems, beginning teacher programs, the assessment of teaching skills, teacher development, and other related topics, the board shall participate in programs and attend conferences and training that address these topics. The board may conduct research and development activities for the purpose of staying abreast of or better understanding these trends and issues. [L 2001, c 312, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-807 Refusal, suspension, revocation, and reinstatement of licenses.

§302A-807 Refusal, suspension, revocation, and reinstatement of licenses.
(a) The board shall serve as the final adjudicator for appeals relating to licensing, including the issuance or nonissuance of licenses, and the condition, suspension, nonrenewal, and revocation of licenses.
(b) The board shall establish procedures for the conduct of proceedings for the consideration of requests filed with the board. In every case to condition, revoke, or suspend a license, the board shall give the person concerned written notice that a request has been filed with the board. The board shall conduct a hearing in conformity with chapter 91, and shall provide for confidentiality of the proceedings to protect the parties. In all proceedings before it, the board may administer oaths, compel the attendance of witnesses and production of documentary evidence, and examine witnesses. In case of disobedience by any person to any order of the board or to any subpoena issued by the board, or the refusal of any witness to testify to any matter that the person may be questioned lawfully, any circuit judge, on application of the board or a member thereof, shall compel obedience in the case of disobedience of the requirements of a subpoena issued by a circuit court or a refusal to testify.
(c) Any applicant who has been refused a license, or any licensee whose license has been conditioned, suspended, or revoked, shall have the right to appeal the board's decision to the circuit court of the circuit in which the applicant or licensee resides in the manner provided in chapter 91; provided that out-of-state resident applicants shall file their appeals in the first circuit court.
(d) Upon revocation of a license, the board may disclose the name, birthdate, social security number, and any other pertinent information about the former holder of the license:
(1) To the department;
(2) To the commission; and
(3) For the purpose of exchanging information under chapter 315 with other national or state teacher certification agencies about school personnel who have had licenses revoked. [L 1996, c 89, pt of §2; am L 2001, c 312, pt of §10 and §13; am L 2002, c 16, §20 and c 226, §4; am L 2003, c 3, §12 and c 133, §5; am L 2011, c 134, §4; am L 2014, c 39, §8; am L 2019, c 279, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-808 Penalty.

§302A-808 Penalty.
Any person who engages in the profession of teaching in a public school without first being issued a license or hired on an emergency basis as defined in this chapter shall be fined not more than $500. Any person who knowingly or intentionally violates this subpart by employing an individual as a public school teacher who does not possess a valid license or is not a department of education or charter school emergency hire as defined in this chapter may be fined not more than $500. All fines shall be deposited into the general fund. [L 1996, c 89, pt of §2; am L 2001, c 312, pt of §10; am L 2003, c 3, §13; am L 2014, c 39, §9; am L 2019, c 161, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-832 Teachers' housing program; administration.

§302A-832 Teachers' housing program; administration.
(a) The department shall administer the teachers' housing program under this subpart. The department shall:
(1) Administer the teachers' housing revolving fund under section 302A-833;
(2) Provide annual statements under section 302A-834;
(3) Conduct annual reviews of units under section 302A-835; and
(4) Perform any other duty necessary to effectuate this subpart.
(b) The department may adopt rules pursuant to chapter 91 to effectuate this subpart. [L 2005, c 204, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-833 Teachers' housing revolving fund.

§302A-833 Teachers' housing revolving fund.
(a) There is established in the state treasury a revolving fund to be known as the teachers' housing revolving fund to be administered by the department of education. The director of finance shall transfer any moneys appropriated for the purposes of teacher housing to the teachers' housing revolving fund. All unexpended balances of appropriations, allocations, allotments, special revolving funds, or other funds heretofore created and made available for the purposes of developing or administering teachers' housing projects shall be transferred to the teachers' housing revolving fund. Notwithstanding any law to the contrary, all moneys, including refunds, reimbursements, and rentals, for housing from teacher tenants shall be deposited in the revolving fund.
(b) The revolving fund may be used by the department of education for any and all of the purposes of teachers' housing, including the planning, construction, maintenance, and operation of teachers' housing, as well as for the salaries of the necessary personnel in charge thereof.
(c) Whenever the governor determines that the amount in the teachers' housing revolving fund exceeds the requirements of the teacher housing program, the department shall transfer the excess to the state general fund. [L 2005, c 204, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-835 Annual review; disposal of units.

§302A-835 Annual review; disposal of units.
The department of education shall annually review the status of and necessity for subsidized teachers' housing throughout the State and, upon determination that any particular housing unit is no longer necessary, shall dispose of that unit by sale, demolition, or otherwise. Any net proceeds from the disposal of a unit shall be paid to the governmental entity vested with fee title to the unit at the time of disposition, and any deficit incurred in the disposal shall be paid by the State. [L 2005, c 204, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-851 Purpose; establishment of program.

Revision Note
Sections 302A-851 to 302A-855, enacted as a new part, are redesignated as a subpart pursuant to §23G-15.
Cross References
Career development opportunities, see §302A-708.
Medically accurate sexuality health education, see §321-11.1.
§302A-851 Purpose; establishment of program.
The purpose of this [subpart] is to establish a statewide school health services program. There shall be within the department a permanent comprehensive school health services program for grades kindergarten through twelve in all the public schools of this State. It is in the general welfare of the State to protect, preserve, care for, and improve the physical and mental health of Hawaii's children by making available at the public schools first aid and emergency care, preventive health care, health appraisals and follow-ups, and health room facilities. [L 2007, c 105, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-852 Teenage health program.

§302A-852 Teenage health program.
The department, in cooperation with the department of health, may establish a statewide teenage health program designed to enhance self-esteem, facilitate communication between students and their parents, incorporate ho €˜oponopono techniques in group discussions, expand peer counseling efforts, and provide more counseling opportunities. In implementing this program, the department shall strive to respect and include the diverse needs and values of parents and teenagers served by the program. [L 2007, c 105, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-853 Administration of medication.

§302A-853 Administration of medication.
(a) School health assistants may assist students by administering oral, nasal, and topical medication, and in emergency situations, other premeasured medication; provided that:
(1) If the student receiving the medication is a minor, a parent or guardian requests and authorizes the administration of medication;
(2) The medication has been prescribed by a licensed physician, as defined in section 334-1, or by a practitioner with prescriptive authority;
(3) The administration of the medication is with the approval of a health care professional within the department, department of health, or health care service as defined in section 323D-2 pursuant to a written agreement with the department; and
(4) The administration of the medication is necessary for the health of the student and for the student's attendance at school.
(b) For purposes of this section, "health care professional" means a physician, surgeon, and other professional licensed pursuant to chapter 453, or nurse licensed pursuant to chapter 457. [L 2007, c 105, pt of §2; am L 2012, c 134, §2; am L 2023, c 173, §4]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-854 School health assistants; compensation.

§302A-854 School health assistants; compensation.
All full-time school health assistants employed in the department shall be employed and have their compensation fixed in accordance with chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule. [L 2007, c 105, pt of §2; am L 2012, c 134, §3; am L 2023, c 173, §5]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-856 Youth suicide awareness and prevention protocol.

§302A-856
Youth suicide awareness and prevention protocol.
(a) The department, in collaboration with the department of health, shall develop a mandatory youth suicide awareness and prevention training program and a model risk referral protocol for complex areas and charter schools based on the department of health's existing suicide awareness and prevention curriculum and materials, which shall be provided to teachers, teacher assistants, administrators, and counselors.
(b) By September 15 of each year, each complex area shall report to the department on prior school year training prevention activities completed as described by this section.
(c) Neither the department nor any of its agencies, boards, members, personnel, designees, agents, or volunteers shall be liable in civil damages to any party for any act or omission of an act relating to the provision of, participation in, or implementation of the components of the training program or protocol required by this section unless that act or omission amounts to gross negligence, wilful and wanton conduct, or intentional wrongdoing.
(d) The department may adopt rules pursuant to chapter 91 to include and require contracted workers to participate in and comply with the suicide awareness and prevention training program and risk referral protocol requirements under this section and section 302D-36. [L 2019, c 270, §1]
Note
The 2019 amendment applies beginning with the 2019-2020 school year. L 2019, c 270, §4.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-901 Specific definitions.

§302A-901 Specific definitions.
For the purposes of sections 302A-1154 to 302A-1163, "school" means any day care center, child care facility, headstart program, preschool, kindergarten, elementary, or secondary school, public or private, including any special school for children in the State. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1001 Student bias.

§302A-1001 Student bias.
No person in the State, on the basis of sex, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational or recreational program or activity receiving state or county financial assistance or utilizing state or county facilities. [L 1996, c 89, pt of §2]
Cross References
Gender equity in sports, see §302A-461.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1002 Reporting of crime-related incidents.

§302A-1002 Reporting of crime-related incidents.
The board shall adopt rules pursuant to chapter 91 to:
(1) Require a report to appropriate authorities from a teacher, official, or other employee of the department who knows or has reason to believe that an act has been committed or will be committed, which:
(A) Occurred or will occur on school property during school hours or during activities supervised by the school; and
(B) Involves crimes relating to arson, assault, burglary, disorderly conduct, dangerous weapons, dangerous drugs, harmful drugs, extortion, firearms, gambling, harassment, intoxicating drugs, marijuana or marijuana concentrate, murder, attempted murder, sexual offenses, rendering a false alarm, criminal property damage, robbery, terroristic threatening, theft, or trespass;
(2) Establish procedures for disposing of any incident reported; and
(3) Impose, in addition to any other powers or authority the department may have to discipline school officials, appropriate disciplinary action for failure to report these incidents, including probation, suspension, demotion, and discharge of school officials. [L 1996, c 89, pt of §2]
Note
Bullying, cyberbullying, and harassment; compliance reports to board. L 2011, c 214.
Cross References
Zero tolerance policy for drugs and weapons, see §302A-1134.6.
Attorney General Opinions
Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or state Constitution. If a court were to find such a program to violate either the federal or state Constitution, the doctrine of qualified immunity would bar personal liability for any state official; if a court were to impose personal liability, based upon past history and practice, the legislature would fund payment of the claims. Att. Gen. Op. 08-1.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1003 Indemnity upon reporting.

§302A-1003 Indemnity upon reporting.
The State shall indemnify and hold harmless anyone participating in good faith in making a report pursuant to section 302A-1002 from any civil liability that might otherwise be incurred or imposed by, or as a result of, the making of the report. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1004.5 Accurate data reporting.

§302A-1004.5 Accurate data reporting.
(a) The department shall establish a standardized data collection process for schools and complex areas to maintain records and report data to the department. The department shall implement a process to:
(1) Review the accuracy of data reported by schools and complex areas;
(2) Coordinate with the state public charter school commission regarding the collection, analysis, and dissemination of this data from public charter schools; and
(3) Analyze and publish the data collected.
(b) The department shall annually review all data that has been collected pursuant to state and federal law and certify the accuracy of the data. [L 2020, c 76, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1005 Reconstituting schools.

§302A-1005 Reconstituting schools.
(a) Notwithstanding collective bargaining agreements, memorandums of agreement, or memorandums of understanding, the superintendent may reconstitute a public school, except a charter school, that has been in restructuring under the No Child Left Behind Act of 2001, Public Law 107-110, for four or more school years and has not made significant advancements toward improving academic performance as determined by a statistical analysis of academic data; provided that the following have been considered:
(1) Student proficiency in reading and math in the period during which the school is in restructuring;
(2) Interventions and other programs being used by the school to address student proficiency;
(3) The number of highly qualified or effective teachers at the school;
(4) Professional development being conducted at the school;
(5) Input from school faculty and staff, complex specialists, and state office program specialists; and
(6) Input from the school community council;
provided further that the superintendent has made a recommendation to the board to reconstitute the school, taking into consideration the recommendation of the complex area superintendent, if any.
(b) In reconstituting a public school, the superintendent may take actions that include:
(1) Replacing all or most of the staff, including teachers, principals, and other support staff;
(2) Entering into a contract with a private entity to manage the school; and
(3) Changing the membership of the school community council.
(c) The department shall negotiate with the respective unions the process of reassigning employees of the school to be reconstituted to other positions within the department for which the employees are qualified.
(d) The department shall follow the current hiring and recruiting procedures for all employees to be employed at the reconstituted school.
(e) The board shall adopt rules pursuant to chapter 91 as may be necessary to implement this section. [L 2011, c 148, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1101 Department of education; board of education; superintendent of education.

§302A-1101 Department of education; board of education; superintendent of education.
(a) There shall be a principal executive department to be known as the department of education, which shall be headed by a policy-making board to be known as the board of education. The board shall have power in accordance with law to formulate statewide educational policy, adopt student performance standards and assessment models, monitor school success, and appoint the superintendent of education as the chief executive officer of the public school system.
(b) The board shall appoint, and may remove, the superintendent by a majority vote of its members. The superintendent:
(1) May be appointed without regard to the state residency provisions of section 78-1(b);
(2) May be appointed for a term of up to four years; and
(3) May be terminated only for cause.
(c) The board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board, who shall serve for a two-year term without compensation. As the liaison to the board, the military representative shall advise the board regarding state education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel. The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, regulations, and policies and may be removed only for cause by a majority vote of the members of the board.
(d) The board shall appoint the state public charter school commission which shall serve as the statewide charter authorizer for charter schools, with the power and duty to issue charters, oversee and monitor charter schools, hold charter schools accountable for their performance, and revoke charters. [L 1996, c 89, pt of §2; am L 2000, c 257, §1; am L 2006, c 298, §10; am L 2007, c 115, §5; am L 2011, c 5, §14; am L 2012, c 130, §8]
Law Journals and Reviews
The Privacy Rights of Public School Students. 32 UH L. Rev. 305 (2010).
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1102 Department of education; statewide administrative services.

§302A-1102 Department of education; statewide administrative services.
The department shall serve as the central support system responsible for the overall administration of statewide educational policy, interpretation, and development of standards for compliance with state and federal laws, and coordination and preparation of a systemwide budget for the public schools. [L 1996, c 89, pt of §2; am L 2012, c 133, §13]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1106.5 Board of education; community meetings.

§302A-1106.5 Board of education; community meetings.
The board shall hold not less than one community meeting annually in each county in addition to their regular meetings to discuss and receive input from the community on public education and public library issues. The board chairperson shall designate board members to attend the community meetings. These community meetings shall not be held for the purpose of formulating educational policy. The community meetings shall be exempt from sections 92-2.5, 92-7, 92-9, and 92-41; provided that the board shall give written public notice of each community meeting. The meeting notice shall indicate the date, time, and place of the meeting, and shall be filed in the office of the lieutenant governor and in the board's office for public inspection six calendar days before the meeting. The notice shall also be posted at the site of the meeting. [L 2004, c 51, §58; am L 2011, c 5, §15]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1110 Educational districts not applicable.

§302A-1110 Educational districts not applicable.
The educational districts established by section 4-1 shall not be applicable to, nor alter, the school districts established for administrative purposes by the department. [L 1996, c 89, pt of §2; am L 2011, c 5, §16]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1111 Duties of superintendent.

§302A-1111 Duties of superintendent.
(a) Under policies established by the board, the superintendent shall be designated as the chief executive officer of the public school system having jurisdiction over the internal organization, operation, and management of the public school system, as provided by law; and shall administer programs of education and public instruction throughout the State, including education at the primary and secondary school levels, and such other programs as may be established by law; 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, for any facility on a department school campus at which the executive office on early learning administers programs.
(b) Except as otherwise provided, the superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department; provided that the director of the executive office on early learning shall be the final authority on drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents related to the executive office on early learning. The superintendent and director of the executive office on early learning may use a printed facsimile signature in approving appointments, contracts, and other documents. [L 1996, c 89, pt of §2; am L 2006, c 126, §1; am L 2018, c 175, §2; am L 2019, c 276, §4]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1112 Rules.

§302A-1112 Rules.
Subject to chapter 91, the board may adopt rules for the government of all teachers, educational officers, other personnel, and pupils, and for carrying out the transaction of its business. [L 1996, c 89, pt of §2]
Law Journals and Reviews
The Privacy Rights of Public School Students. 32 UH L. Rev. 305 (2010).
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1113 Seal.

§302A-1113 Seal.
The department shall adopt a seal, the impression of which shall be necessary to authenticate all of its appointments, commissions, final acts of the nature of record, and all other documents issued by it. Upon authorization by the superintendent, a facsimile impression of the seal may be used to authenticate these documents. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1114 Power of appointment, removal.

§302A-1114 Power of appointment, removal.
The department, from time to time, may appoint and remove such teachers, educational officers, and other personnel as may be necessary for carrying out the purposes of sections 302A-201, 302A-401 to 302A-410, 302A-1001 to 302A-1004, 302A-1101 to 302A-1122, 302A-1301 to 302A-1305, 302A-1401 to 302A-1403, and 302A-1503 to 302A-1506, and regulate their duties, powers, and responsibilities, when not otherwise provided by law. [L 1996, c 89, pt of §2; am L 1999, c 62, §4; am L 2012, c 133, §14]
Note
Section 302A-410 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1116 Authority to create temporary positions.

§302A-1116 Authority to create temporary positions.
The department may create temporary positions as it deems necessary; provided that:
(1) The department's expenditures shall not exceed its allocated budget;
(2) The term of each position shall not exceed one year; and
(3) The department shall report the creation of temporary positions to the department of budget and finance. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1117 Records, evidence.

§302A-1117 Records, evidence.
The department shall cause all its proceedings, doings, and acts to be recorded, and these records, from time to time, shall be filed in the archives of the department. A certified copy of a record or any portion thereof, when signed by the superintendent under the seal of the department, shall be competent evidence of all it contains in any court. [L 1996, c 89, pt of §2]
Cross References
Public records, see chapter 92.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1118 Publications by department.

§302A-1118 Publications by department.
The department may prepare or cause to be prepared, printed, and published, such reports, pamphlets, duplicate certificates, outlines of courses, etc., as in the discretion of the department may seem advisable, and sell or dispose of the publications. All sums of money received from the sale of the publications shall be deposited to the credit of the general fund of the State. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1120 Public library system; board control.

§302A-1120 Public library system; board control.
The board, through the state librarian, shall have direct control of the public library system, but not including school libraries. The board may adopt rules under chapter 91 for the purpose of this section. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1122 Gifts.

§302A-1122 Gifts.
The board may receive and manage moneys or other property, real, personal, or mixed, that may be given, bequeathed, devised, or in any manner received from sources other than the legislature or any federal appropriation for the purposes of the department. All such moneys received by, or on behalf of, the department shall be paid into the state treasury, and all such moneys are appropriated for the use of the department. The board shall cause to be kept suitable books of accounts wherein shall be recorded each gift, the essential facts of its management, and the expenditure of the income. [L 1996, c 89, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1123, 302A-1123.5, and 302A-1123.6 REPEALED.

§ §302A-1123, 302A-1123.5, and 302A-1123.6 REPEALED.
L 1999, c 62, § §6 to 8.
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1125 Educational objectives.

§302A-1125 Educational objectives.
The board shall formulate policy and exercise control as may be necessary to define a common set of educational goals that the schools shall be responsible for fulfilling. The board shall also be responsible for formulating standards for measuring the efforts of each participating school toward achieving those goals each year. The participating schools shall be free to use all reasonable means to accomplish those goals with the resources available to them. [L 1996, c 89, pt of §2; am L 2012, c 133, §15]
2023 Hawaii Revised Statutes › Title 18. Education › 302A. Education › 302A-1126 Waiver of policy, rule, or procedures.

§302A-1126 Waiver of policy, rule, or procedures.
Any state agency that may be required to act under state law on a matter affecting an individual school or its school community, shall waive otherwise applicable policies, rules, or procedures when requested to do so by a school community council unless the agency, within thirty days, can justify a denial to the appropriate authority. The board shall adopt procedures necessary to process waivers initiated by a school community council. Any general waiver of policy, rule, or procedures granted by the board to a specific school or schools may be extended by the board to apply to other schools under comparable circumstances. This section shall apply to collective bargaining agreements as provided for in all relevant collective bargaining agreements negotiated pursuant to chapter 89. [L 1996, c 89, pt of §2; am L 2004, c 51, §26]