reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 3 - PUBLIC LIBRARIES › Chapter 210.2 - ADMINISTRATIVE REVIEW PROCESS › Subchapter 3 - RULE RELIEF › Section 8-210.2-13 - Procedure at public hearing

Current through June, 2024
At the commencement of the public hearing the state
					 librarian or a representative of the state librarian shall read the notice of
					 hearing and shall then briefly prescribe the procedure to be followed at the
					 public hearing. All witnesses testifying at the public hearing shall state
					 their name, address, and who, if anyone, the witness represents. Every witness
					 shall be subject to questioning by the state librarian or by any other
					 representative of the state librarian. Questioning of witnesses by other
					 persons shall not be permitted except when the state librarian expressly
					 permits that questioning.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 3 - PUBLIC LIBRARIES › Chapter 210.2 - ADMINISTRATIVE REVIEW PROCESS › Subchapter 3 - RULE RELIEF › Section 8-210.2-14 - Record of public hearing

Current through June, 2024
(a) A record shall
				  be made of all oral testimony in the form of written minutes or verbatim taken
				  at the hearing. All written testimony shall be received and made part of the
				  public record.
(b) Testimony given
				  at the public hearing may be electronically recorded verbatim by the state
				  librarian or designee or upon request of any interested party. It shall not be
				  necessary to transcribe the electronic recording.
(c) The written minutes or electronic record
				  of the proceeding shall constitute the official record of the testimony taken
				  at the hearing, and shall remain in the possession of the state
				  librarian.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 3 - PUBLIC LIBRARIES › Chapter 210.2 - ADMINISTRATIVE REVIEW PROCESS › Subchapter 3 - RULE RELIEF › Section 8-210.2-15 - Decision

Current through June, 2024
The state librarian shall render a decision at the public
					 hearing or at a time, date, and place announced at the public hearing. The
					 state librarian, upon request of any interested person, shall issue a concise
					 statement of the principal reasons for and against the decision. In making a
					 decision, the state librarian shall consider all written and oral submissions
					 for the proposed rule relief.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 3 - PUBLIC LIBRARIES › Chapter 210.2 - ADMINISTRATIVE REVIEW PROCESS › Subchapter 3 - RULE RELIEF › Section 8-210.2-16 - Waiver

Current through June, 2024
The requirements for public hearing and for notice may be
					 waived by the governor when the state librarian, as a condition to receiving
					 federal funds, is required by federal provisions to adopt rules and the state
					 librarian is allowed no discretion in interpreting the federal provisions as to
					 the rules required to be adopted. The state librarian shall make known to the
					 public the proposed adoption, amendment, or repeal of any rule by publishing a
					 statement as to the substance of the proposed rule change in a newspaper of
					 general circulation in this State, at least once prior to the waiver of the
					 governor.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 3 - PUBLIC LIBRARIES › Chapter 210.2 - ADMINISTRATIVE REVIEW PROCESS › Subchapter 3 - RULE RELIEF › Section 8-210.2-17 - Emergency rulemaking

Current through June, 2024
(a) The state
				  librarian may adopt emergency rules pursuant to the requirements of sections
				  91-3
				  and
				  91-4,
				  HRS.
(b) The state librarian's
				  determination that there is imminent peril and the reasons shall be stated in,
				  and as a part of, the emergency rule.
(c) The state librarian shall make the
				  emergency rule known to the public by publishing the rule, at least once, in a
				  newspaper of general circulation in the State, within five days from the date
				  the rule is filed with the lieutenant governor.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 3 - PUBLIC LIBRARIES › Chapter 210.2 - ADMINISTRATIVE REVIEW PROCESS › Subchapter 3 - RULE RELIEF › Section 8-210.2-18 - Approval

Current through June, 2024
The adoption, amendment, or repeal of any rule resulting
					 from the review process of this chapter shall be subject to approval of the
					 governor as provided for in section
					 91-3,
					 HRS.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 3 - PUBLIC LIBRARIES › Chapter 210.2 - ADMINISTRATIVE REVIEW PROCESS › Subchapter 3 - RULE RELIEF › Section 8-210.2-19 - Filing and review

Current through June, 2024
Upon approval of the governor, certified copies of any
					 rules being adopted, amended, or repealed shall be filed with the lieutenant
					 governor and legislative reference bureau as provided in sections
					 91-4,
					 91-4.1,
					 and
					 91-4.2,
					 HRS. All rules being adopted, amended, or repealed shall take effect as
					 provided in section
					 91-4,
					 HRS, and shall be subject to review as provided in section
					 91-4.1,
					 HRS.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 3 - PUBLIC LIBRARIES › Chapter 210.2 - ADMINISTRATIVE REVIEW PROCESS › Subchapter 3 - RULE RELIEF › Section 8-210.2-20 - No restriction on state librarian

Current through June, 2024
Nothing contained in this subchapter shall be construed to
					 prohibit or to restrict the right of the state librarian from initiating the
					 rulemaking proceeding on any matter, whether disclosed in any petition or
					 not.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-1 - Statement of purpose

Current through June, 2024
It is important to recognize the needs of parents for
				  affordable, accessible, and quality after-school services. To address these
				  needs, the following rule is adopted for the implementation of the after-school
				  plus (A+) program of the department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-2 - Applicability and scope

Current through June, 2024
This chapter shall govern the after-school plus (A+) program
				  of the department, established or hereafter established pursuant to section
				  302A-408,
				  Hawaii Revised Statutes. With the exception of chapter
				  41, the provisions of subtitle 2, of
				  title 8, shall not apply to any program governed by this chapter, unless as
				  provided herein. Any parent who feels that there may be a violation of a right
				  to nondiscrimination in education may file a complaint under chapter
				  41.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-3 - Definitions

Current through June, 2024
As used in this chapter:
"A+ program" means the after-school plus program established
				  by the department for public elementary school-aged children and conducted
				  statewide utilizing public school grounds and facilities. The A+ program is
				  voluntary and is not part of the compulsory educational services provided by
				  the state. The program provides supervision to young children who would
				  otherwise be unsupervised during after-school hours.
"Department" means the department of education.
"District coordinator" means a person who is responsible for
				  the coordination of the A+ program in a school district.
"At-risk student" means a child who is consistently not
				  making satisfactory progress in school or who is in need of a safe, nurturing
				  environment.
"Group leader" means a person who assists the site
				  coordinator in implementing the A+ program at a school site.
"Latchkey" refers to children who have no adult present in
				  the home to provide after-school supervision.
"Parent" means the natural or legal parent, guardian, or
				  other legal custodian of a child.
"Program aide" means a person who assists the site
				  coordinator or group leader in supervising and conducting after-school
				  activities at a school site.
"Site coordinator" means a person who organizes, implements,
				  coordinates and promotes the A+ program at a school site.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-4 - Eligibility

Current through June, 2024
All latchkey children enrolled in public elementary schools
				  in kindergarten through grade six, are eligible to participate in the program
				  if they are living with both parents who are employed, a single parent who is
				  employed, parents working in the A+ program, and parents attending colleges,
				  universities, or other types of schools or engaged in job training programs
				  during the hours of A+ operations. Based on space availability, a child who is
				  at-risk may also be recommended by the school principal for enrollment in the
				  A+ program.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-5 - Application and enrollment

Current through June, 2024
(a) Application
				forms for the program shall be available at all public elementary school
				offices. Applicants shall return the completed form to the school where the
				child is in attendance during the regular school day. Priority shall be given
				to applications received before the announced application deadline. Two-thirds
				of any vacant slots can be filled by children who are [educationally] at-risk
				and who are recommended by the school.
(b) Site coordinators shall notify parents of
				the acceptance of the child and will arrange for completion of all registration
				forms and payment of fees for the first month. Late applicants may be
				accommodated on a space available basis provided funds are available.
(c) Forms that must be completed before
				admission include the following:
(1)
				registration form;
(2) emergency
				card;
(3) registration agreement
				form for parents; and
(4)
				identification card (I.D.).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-6 - Program sites

Current through June, 2024
An A+ program may be established at those public schools
				  where twenty or more students enroll, and if staff availability is adequate to
				  service the demand. In schools where there is no A+ program or where enrollment
				  is restricted by staff shortages, a child may enroll in an A+ program at
				  another school, if space is available, and upon approval by the site
				  coordinator of the site where the child is to enroll.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-7 - Reasonable modifications

Current through June, 2024
(a) The program
				shall be made available to all eligible children on a nondiscriminatory basis.
				For the child with a disability who is identified by parents or who are known
				to the A+ program staff to have special needs, the district will provide such
				reasonable modifications as are necessary to afford the child an opportunity to
				participate. The A+ program is not part of the individualized education program
				(IEP) of the child. In evaluating the needs of the child, site coordinators
				shall:
(1) Meet with the parents of the
				child, and the child, if appropriate, and consult with other school staff
				familiar with the child to identify the particular needs of the
				child.
(2) Determine what program
				modifications, if any, will be necessary to reasonably accommodate the special
				needs of the child;
(3) Determine
				program changes necessary and whether these modifications can be reasonably
				provided;
(4) Consider possible
				alternatives that may offer the child a comparable program; and
(5) Consult with the principal and district
				coordinator if an amenable agreement with the parents of the child cannot be
				reached.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-8 - Hours of operation

Current through June, 2024
(a) A+ services
				will be provided on regular school days, beginning after school until 5:30 p.m.
				The program will not operate when school is closed or when school is open only
				a half day. The A+ program will be open on early dismissal parent-teacher
				conference days.
(b) If many
				parents express a desire for services to be provided until 6:00 p.m., the site
				coordinator may extend program hours if staff schedules and resources can be
				rearranged.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-9 - Curriculum

Current through June, 2024
The department shall create a program curriculum to provide
				  experiences for children that will excite their curiosity, encourage
				  exploration and inquiry, spur their imagination, and invite experimentation on
				  a wide range of topics. The program may have various components, including
				  enrichment, coordination and physical development, and character
				  development.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-10 - Transportation

Current through June, 2024
(a) Transportation to the A+ program is not
				provided. For a child with permission to attend an A+ program at schools other
				than the regular school of the child, parents shall make transportation
				arrangements and assume responsibility for getting the child there. Parents
				shall notify the site coordinator of the site where the child enrolls and of
				the arrangements made for the child to get to the A+ program.
(b) Transportation from the A+ program is
				also the responsibility of the parents. Parents shall notify the site
				coordinator or designee in advance of how the child is to get home. No
				modifications in school bus schedules shall be made to accommodate the child
				participating in the A+ program.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-11 - Child pick-up

Current through June, 2024
(a) A child shall
				be picked up only by parents or persons authorized by the parents on the
				registration forms. Parents shall give permission for other types of
				arrangements, such as:
(1) the child is to be
				picked up by someone else that day; or
(2) the child is to walk, ride, bike,
				skateboard; or
(3) the child is to
				take the bus home; and
(4) the time
				the parents want the child to be dismissed from the program to do that.
If parents want the A+ staff to release a child to leave the
				  school on the child's own, parents shall sign an authorization for release of
				  an unaccompanied child form, releasing the A+ program and staff of all
				  responsibility for the welfare of the child once the child leaves the school
				  grounds. When a child leaves the A+ program, the child shall check out with an
				  adult on staff, and the parents or persons designated by the parents shall sign
				  the child out on a sign-out sheet, noting the time of departure.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-12 - Illness

Current through June, 2024
If a child becomes ill during the A+ program, the site
				  coordinator shall contact the parents or other responsible persons named on the
				  registration form of the child to pick up the child. A child with a
				  communicable disease which normally excludes a child from school as required by
				  the department of health, shall also be excluded from the A+ program. Once
				  readmitted to school, the child may return to the A+ program. A+ staff will not
				  take responsibility for storing, holding, dispensing, or administering
				  medication to the child. An exception may be made for life-threatening
				  situations as prescribed by the child's physician and approved by the district
				  coordinator, with administration by the A+ staff person certified in first
				  aid.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-13 - Emergency provisions

Current through June, 2024
(a) At least one A+
				staff member with a current certificate in first aid will be on site during A+
				program hours. A current certificate means a certificate which is issued by the
				American Red Cross or any other certifying agency and which is less than three
				years old.
(b) If a major injury or
				illness occurs, the child will be transported by ambulance to a hospital or
				physician. In all cases of injury or illness, attempts will be made to contact
				parents immediately.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-14 - Termination or suspension from program

Current through June, 2024
(a) A child may be
				terminated or suspended from the program for:
(1) failure to pay the monthly non-refundable
				fee or any other outstanding fees;
(2) chronic late pick-up; or
(3) conduct which disrupts the activities of
				the program or jeopardizes the safety or welfare of the staff or
				participants.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-16 - Parent-teacher conference

Current through June, 2024
Parent conferences are not required but may be arranged at
				  the request of parents, group leaders, or the site
				  coordinator.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-18 - Reporting child abuse

Current through June, 2024
A+ program staff are required to report any suspected cases
				  of child abuse or neglect and shall promptly report the matter orally to the
				  department of human services or to the police department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-19 - Fees and other charges

Current through June, 2024
(a) A monthly fee
				up to the total monthly cost per pupil of providing such services during the
				prior year shall be assessed. This fee shall be rounded to the nearest dollar.
				A fee waiver or fee adjustment may be provided in accordance with board
				policy.
(b) Fees shall be collected
				for the months determined by the superintendent. A child shall be charged the
				same monthly fee, regardless of the number of days the child participates in
				the program. There shall be no refunds for unused days.
(c) Monthly fees shall be due and payable at
				the school, or postmarked if mailed, on or before the first school day of each
				month. Checks are preferred. A service charge shall be imposed on all returned
				checks. A late charge of $5, or an amount as established by the superintendent
				of education, shall be imposed each school day a payment is overdue. Overdue
				payments may be grounds for termination from the program. There shall be no
				provision for refunds once payments are made with the exception of
				reimbursement for advanced payments for services not rendered or for tuition
				category reclassification, e.g., from full tuition to free or reduced
				tuition.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 4 - NON-SCHOOL HOURS PROGRAMS › Chapter 400 - AFTER-SCHOOL PLUS (A+) PROGRAM › Section 8-400-20 - Conflict of provisions

Current through June, 2024
The provisions of this chapter are deemed specific to the
				  after-school plus (A+) program of the department and shall control over any
				  conflicting provisions of this title.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 501 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 8-501-1 - Purpose

Current through June, 2024
This chapter governs the practice and procedure before the
				  state public charter school commission under chapter
				  302D, HRS, and shall be construed to
				  effectuate the purposes of that chapter and to secure the just and efficient
				  determination of every proceeding.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 501 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 8-501-2 - Definitions

Current through June, 2024
As used in this chapter:
"Board" means the board of education.
"Chairperson" means the chairperson of the state public
				  charter school commission.
"Commission" means the state public charter school commission
				  established pursuant to section
				  302D-3,
				  HRS, as a statewide authorizer.
"Executive director" means the executive director of the
				  state public charter school commission.
"Government record" shall be as defined in section
				  92F-3,
				  HRS.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 501 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 8-501-3 - Office and office hours

Current through June, 2024
(a) The office of the commission is in
				Honolulu, Hawaii. All communications to the commission shall be addressed to
				the commission's office unless otherwise directed by the commission.
(b) The office of the commission shall be
				open from 7:45 a.m. to 4:30 p.m., each day of the week except Saturdays,
				Sundays, and holidays unless otherwise provided by statute or executive order.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 501 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 8-501-4 - Meetings, generally; conduct of meetings

Current through June, 2024
(a) The commission
				may meet and exercise its power in any part of the State of Hawaii. All
				meetings shall be conducted in accordance with chapter
				92, Hawaii Revised Statutes.
(b) The commission shall afford all
				interested persons an opportunity to submit data, views, arguments or present
				oral testimony on any agenda item in an open meeting. The commission may
				provide for the recordation of oral testimony presented.
(c) The commission may reasonably administer
				oral testimony so as to limit testimony of excessive duration or limit or
				prohibit any redundant, immaterial, impertinent, or scandalous testimony or to
				limit the amount of time for testimony per individual or per issue.
(d) The chairperson may remove any person who
				wilfully disrupts a meeting.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 501 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 8-501-5 - Government records

Current through June, 2024
(a) All government
				records of the commission shall be available for inspection in the office of
				the commission during established office hours, unless public inspection of
				these records is prohibited by law.
(b) Government records printed or reproduced
				by the commission shall be given to any person requesting the same by paying
				twenty-five cents per page whether transmitted by hard copy or by electronic
				means.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 501 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 8-501-6 - Computation of time

Current through June, 2024
The time in which any act provided in this chapter or any
				  rule, policy, or procedure of the commission is to be done is computed by
				  excluding the first day and including the last, unless the last day is a
				  Saturday, Sunday, or holiday and then it is also excluded. Unless otherwise
				  specified in these rules, when the prescribed period of time is less than seven
				  days, Saturdays, Sundays, or legal holidays within the designated period shall
				  be excluded in the computation.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-1 - General

Current through June, 2024
The commission, on its own motion, or on petition of any
				  interested person, group, organization, or agency may hold proceedings as it
				  may deem necessary from time to time for the purpose of obtaining information
				  necessary or helpful in the determination of its policies, the carrying out of
				  its duties, or the formulation of its rules. The procedures of the commission,
				  unless specifically prescribed by its administrative rules or by chapter
				  91, HRS.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-2 - Filing of documents

Current through June, 2024
(a) All pleadings,
				submittals, petitions, reports, exceptions, briefs, memoranda, and other papers
				required to be filed with the commission in any proceeding shall be filed with
				the commission chairperson. The papers may be sent by mail or hand-carried to
				the commission's office within the time limit, if any, for the filing. The date
				on which the paper is actually received by the commission shall be deemed to be
				the date of filing.
(b) All papers
				filed with the commission shall be written in ink, typewritten, mimeographed,
				or printed; shall be plainly legible; shall be on strong durable paper; not
				larger than 8 1/2" x 14" in size, except that tables, charts, and other
				documents may be larger, folded to the size of the documents to which they are
				attached.
(c) All papers shall be
				signed in ink by the party signing the papers or the party's duly authorized
				agent or attorney. The signature of the person signing the document constitutes
				a certification that the person has read the document; that to the best of the
				person's knowledge, information, and belief every statement contained in the
				instrument is true and no statements are misleading; and that it is not
				submitted for the purpose of delay.
(d) Unless otherwise specifically provided by
				a particular chapter or order of the commission, an original and nine copies of
				all papers shall be filed unless the papers are printed.
(e) The initial document filed by any person
				in any proceeding shall state on the first page thereof who may be served with
				any documents filed in the proceeding.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-4 - Computation of time

Current through June, 2024
In computing any period of time prescribed by chapters
				  8-501 to 8-504, or order of the
				  commission, the day of the act, event, or default, after which the designated
				  period of time is to run, is not to be included unless it is a Saturday,
				  Sunday, or legal holiday in the State, in which event the period runs until the
				  next day which is neither a Saturday, Sunday, nor a holiday. Immediate
				  Saturdays, Sundays, and holidays shall not be included in a computation when
				  the period of time prescribed or allowed is ten days or less. A half holiday
				  shall be considered as other days and not as a holiday.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-5 - Continuance or extension of time

Current through June, 2024
Whenever a person or agency has a right or is required to
				  take action within the period prescribed or allowed by chapters
				  8-501 to 8-504, by notice given
				  thereunder or by an order, the commission or executive director, before the
				  expiration of the prescribed period, with or without notice, may extend the
				  period or, upon motion, permit the act to be done after the expiration of a
				  specified period where the failure to act is clearly shown to be the result of
				  excusable neglect.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-6 - Amendment of documents

Current through June, 2024
If any document initiating or filed in a proceeding is not in
				  substantial conformity with the applicable rules of the commission as to the
				  contents thereof, or is otherwise insufficient, the commission, on its own
				  motion, or on motion of any party, may strike or dismiss the document or
				  require its amendment. If amended, the document shall be effective as of the
				  date of the original filing.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-7 - Retention of documents by the commission

Current through June, 2024
All documents filed with or presented to the commission may
				  be retained in the files of the commission. However, the commission may permit
				  the withdrawal of original documents upon submission of properly authenticated
				  copies to replace the documents.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-8 - Public information

Current through June, 2024
(a) Unless otherwise
				provided by statute, rule, or order of the commission, all information
				contained in any pleading, submittal, petition, statement, recommendation,
				report, or other document filed with the commission pursuant to the
				requirements of a statute or rule or order of the commission shall be available
				for inspection by the public.
(b)
				Confidential treatment may be requested where authorized by statute. For good
				cause shown, the commission shall grant the request.
(c) Matters of public record may be inspected
				in the office of the commission during regular office hours. Copies of matters
				of public record shall be furnished to any person upon request and upon payment
				of the actual cost thereof as set forth in section 8-501-5(b).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-9 - Commission decision

Current through June, 2024
All final orders, opinions or rulings entered by the
				  commission in a proceeding and rules adopted by the commission shall be
				  certified and served upon the parties or persons participating in the
				  proceeding by regular mail or personal delivery by the commission and shall be
				  released for general publication. Copies of published materials shall be
				  available for public inspection in the office of the commission or may be
				  obtained upon request and upon payment of charges, if any.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-10 - Counsel for the commission

Current through June, 2024
The attorney general or a designated representative serving
				  in the attorney general's capacity as counsel for the commission, shall be a
				  party to all proceedings governed by chapters
				  8-501 to 8-504. The attorney general or
				  designated representative shall be designated as "Counsel for the Commission",
				  and shall be served with copies of all papers and documents as are all other
				  parties to the same proceeding.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-11 - Substitution of parties

Current through June, 2024
Upon motion and for good cause shown, the commission may
				  order substitution of parties, except that in case of death of a party,
				  substitution may be ordered without the filing of a motion.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 502 - STATE PUBLIC CHARTER SCHOOL COMMISSION PROCEEDINGS BEFORE THE COMMISSION › Section 8-502-12 - Consolidations

Current through June, 2024
The commission, upon its own initiation or upon motion, may
				  consolidate for hearing or for other purposes two or more proceedings which
				  involve substantially the same parties, or issues which are the same or closely
				  related, if it finds that consolidation will be conducive to the proper
				  dispatch of its business, will not unduly delay the proceedings, and will not
				  impair the rights of any party to the proceedings.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 503 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-503-1 - Notice of proposed rulemaking

Current through June, 2024
(a) When pursuant
				to a petition therefor, or upon its motion, the commission proposes to adopt,
				amend or repeal a rule, notice of proposed rulemaking shall be published at
				least once statewide and posted on the Internet as provided in section
				91-2.6,
				Hawaii Revised Statutes. The notice shall also be mailed to all persons who
				filed a timely written request with the commission for advance notice of the
				commission's rulemaking proceedings. All notices shall be issued at least
				thirty days prior to the date set for public hearing. Where a written request
				for advance notice is filed by a person less than thirty days prior to the date
				set for public hearing, the notice shall be mailed on the next business day and
				emailed to the person on the same business day upon receiving the written
				request.
(b) A notice of the
				proposed adoption, amendment, or repeal of a rule shall include all information
				required by statute.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 503 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-503-3 - Commission action

Current through June, 2024
At the final public hearing, the commission may make its
				  decision or the presiding officer shall announce the date when the commission's
				  decision shall be made. The commission shall consider all relevant comments and
				  material of record before taking final action in a rulemaking proceeding.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 503 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-503-4 - Emergency rulemaking

Current through June, 2024
Notwithstanding sections 8-503-1 through 8-503-4, if the
				  commission finds that an imminent peril to public health, safety, or morals
				  requires the adoption, amendment, or repeal of a rule upon less than thirty
				  days' notice of hearing, and states in writing its reason for the finding, it
				  may proceed without prior notice or hearing or upon abbreviated notice and
				  hearing as it finds practicable to adopt an emergency rule to be effective for
				  a period of not longer than one hundred twenty days without renewal.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 503 - STATE PUBLIC CHARTER SCHOOL COMMISSION RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-503-5 - Petitions for adoption, amendment, or repeal of rules

Current through June, 2024
(a)
				Any interested person, organization, or agency may petition the commission for
				the adoption, amendment, or repeal of any rule, which is designed to implement,
				interpret, or prescribe law, policy, organization, procedure, or practice
				requirements of the commission.
(b)
				Petitions for rulemaking shall conform to the requirements of section 8-502-2.
				A petition for rulemaking shall set forth the text of any proposed rule or
				amendment or specify the rule proposed to be repealed; shall state concisely
				the nature of petitioner's interest in the subject matter and petitioner's
				reasons for seeking the adoption, amendment, or repeal of the rule; and shall
				include any facts, views, arguments, and data deemed relevant by the
				petitioner. A request for the adoption, amendment, or repeal of a rule which
				does not conform to the requirements set forth in this section may not be
				considered by the commission.
(c)
				Petitions for rulemaking shall be given a docket number and shall become
				matters of public record upon filing. The commission, within thirty days
				following the filing of the petition, shall either deny the petition in writing
				or initiate public rulemaking proceedings as set forth in sections 8-503-1 to
				8-503-4. No public hearing or other proceedings shall be held with respect to
				the determination whether to deny the petition or initiate public rulemaking
				proceedings. Where the commission determines that the petition does not
				disclose sufficient reasons to justify the institution of public rulemaking
				proceedings, or where the petition for rulemaking fails, in material respect,
				to comply with the requirements of these rules, the commission shall deny the
				petition and the petitioner shall be so notified together with the grounds for
				denial.
(d) The provisions of this
				section, however, shall not operate to prevent the commission, on its own
				motion, from acting on any matter disclosed in any petition.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8-505-1 - Purpose

Current through June, 2024
This chapter governs the application process to become a
					 charter school, renewal or nonrenewal of charter contracts, and revocation of
					 charter contracts pursuant to chapter 302D, Hawaii Revised
					 Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 8-505-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning
					 clearly appears in the context:
"Applicant" means the applicant who submits a charter
					 application to the commission.
"Board" means the board of education.
"Commission" means the state public charter school
					 commission established pursuant to section
					 302D-3,
					 Hawaii Revised Statutes, as a statewide authorizer.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 2 - APPLICATIONS › Section 8-505-5 - Applications for start-up charter schools

Current through June, 2024
(a) The commission
				  shall develop an application form, process, and processing schedule for
				  applying to become a start-up charter school pursuant to section
				  302D-13,
				  Hawaii Revised Statutes. The application form shall include a description of
				  the application process and the application processing schedule. The
				  application form shall be made available to any person interested in
				  establishing a start-up charter school.
(b) The commission shall develop policies,
				  criteria, or guidelines for evaluating applications for start-up charter
				  schools. The policies, criteria, or guidelines shall be adopted, and may be
				  amended from time to time, by a majority vote of the commission at a meeting
				  held in accordance with chapter
				  92, Hawaii Revised Statutes.
(c) If an application is denied, the
				  commission shall notify the applicant in writing, served by registered or
				  certified mail with return receipt requested, stating the reason therefor, with
				  specific references to the adopted policies, criteria, or guidelines. The
				  notification of denial shall also include a statement that the applicant may
				  file an appeal with the board within twenty-one calendar days of receipt of the
				  written notification of denial.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 2 - APPLICATIONS › Section 8-505-6 - Applications for conversion charter schools

Current through June, 2024
(a) The commission
				  shall develop an application form, process, and processing schedule for
				  applying to become a conversion charter school pursuant to section
				  302D-14, Hawaii
				  Revised Statutes. The application form shall include a description of the
				  application process and the application processing schedule. The application
				  form shall be made available to any person interested in establishing a
				  conversion charter school.
(b) The
				  commission shall develop policies, criteria, or guidelines for evaluating
				  applications for conversion charter schools. The policies, criteria, or
				  guidelines shall be adopted, and may be amended from time to time, by a
				  majority vote of the commission at a meeting held in accordance with chapter
				  92, Hawaii Revised Statutes.
(c) If an application is denied, the
				  commission shall notify the applicant in writing, served by registered or
				  certified mail with return receipt requested, stating the reason therefor, with
				  specific references to the adopted policies, criteria, or guidelines. The
				  notification of denial shall also include a statement that the applicant may
				  file an appeal with the board within twenty-one calendar days of receipt of the
				  written notification of denial.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 3 - RENEWAL OR NONRENEWAL OF CHARTER CONTRACT › Section 8-505-10 - Reasons for nonrenewal

Current through June, 2024
A charter contract may be not renewed for any of the
					 reasons set forth in section
					 302D-18(g),
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 3 - RENEWAL OR NONRENEWAL OF CHARTER CONTRACT › Section 8-505-11 - Application for contract renewal

Current through June, 2024
(a) The commission
				  shall develop a charter contract renewal application form, which shall be made
				  available to each charter school whose charter contract will expire the
				  following year. The renewal application form shall also include a description
				  of the renewal application process, the renewal application processing
				  schedule, and the policies, criteria, or guidelines described in subsection
				  (b).
(b) The commission shall
				  develop policies, criteria, or guidelines for evaluating charter contract
				  renewal applications; provided that evaluation criteria shall be based on the
				  charter contract and consistent with chapter 302D, Hawaii Revised Statutes. The
				  policies, criteria, or guidelines shall be adopted, and may be amended from
				  time to time, by a majority vote of the commission at a meeting held in
				  accordance with chapter
				  92, Hawaii Revised Statutes.
(c) A charter school seeking renewal shall
				  submit a renewal application to the commission pursuant to the renewal
				  policies, criteria, or guidelines adopted by the commission.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 3 - RENEWAL OR NONRENEWAL OF CHARTER CONTRACT › Section 8-505-12 - Performance report; notification of the prospect of nonrenewal

Current through June, 2024
(a) The commission shall prepare a charter
				  school performance report for each charter school whose charter contract will
				  expire the following year. The performance report shall summarize the charter
				  school's performance record to date, shall be in writing, and shall be served
				  upon the charter contract holder by registered or certified mail.
(b) If applicable, the performance report
				  shall notify the charter contract holder of any weaknesses, deficiencies, or
				  concerns which may result in nonrenewal of the contract and shall include but
				  not be limited to the following:
(1) A clear
				  and specific statement of the
charter school's weaknesses or deficiencies, with
					 references to the applicable contract terms or performance standards that have
					 not been met; and
(2) A
				  statement that the charter contract holder, in its response, may request a
				  hearing conducted in accordance with section 8-505-20 and may request legal
				  representation subject to section
				  28-8.3,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 3 - RENEWAL OR NONRENEWAL OF CHARTER CONTRACT › Section 8-505-13 - Nonrenewal decision by the commission

Current through June, 2024
(a) The commission
				  shall make a final decision on whether or not to renew the charter contract
				  within forty-five days following receipt of the application for contract
				  renewal and after the hearing, if held.
(b) Within fifteen days of making its
				  decision to renew or not renew the charter contract, the commission shall issue
				  its decision in writing, served upon the charter contract holder by registered
				  or certified mail with return receipt requested. The decision shall set forth,
				  with reasonable specificity, the reason for its decision. The decision shall
				  also include a statement that the charter contract holder may file an appeal
				  with the board within twenty-one calendar days of receipt of the written
				  decision of nonrenewal. The written decision shall be simultaneously
				  transmitted to the board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 5 - CHARTER SCHOOLS › Chapter 505 - APPLICATIONS, RENEWALS OR NONRENEWALS, AND REVOCATIONS › Subchapter 4 - REVOCATION OF CHARTER CONTRACT › Section 8-505-15 - Reasons for revocation

Current through June, 2024
A charter contract may be revoked at any time for any of
					 the reasons set forth in section
					 302D-18(g),
					 Hawaii Revised Statutes.