reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 5 - REPORTING OFFENSES › Section 8-19-19 - Reporting class A and class B offenses occurring in school

Current through June, 2024
(a) Any teacher, official, or other employee
					 of the department who is a witness to a class A or class B offense as defined
					 in this chapter, or who has reasonable cause to believe that a class A or class
					 B offense has been committed or will be committed, against a student, teacher,
					 official, or other employee of the department, or involving school property,
					 shall promptly report the incident to the principal or designee. Nothing in
					 this subsection shall be construed to prohibit or prevent a teacher, official,
					 or other employee of the department from reporting class C or class D offenses
					 to the principal or designee.
(b)
					 Upon receiving a class A or class B offense report, the principal or designee
					 shall conduct an investigation to determine whether the behavior requires a
					 direct call to the police or whether the behavior can be handled through school
					 disciplinary procedures. The principal or designee shall call the police
					 whenever there is perceived danger and the behavior cannot be handled by the
					 school staff.
(c) The principal or
					 designee shall record the incident information into the department's electronic
					 database system within five school days of the reported offense.
(d) The principal or designee shall notify
					 the reporting teacher, official, or other employee, of the disciplinary action,
					 if any, taken on the class offense(s) within five school days after the
					 incident is reported in accordance with subsection (c).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 5 - REPORTING OFFENSES › Section 8-19-20 - Indemnity upon reporting offenses

Current through June, 2024
Any teacher, official, or other employee of the
						department who in good faith reports as required under §
											8-19-19
						shall be indemnified and held harmless in accordance with section
						302A-1003,
						Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 5 - REPORTING OFFENSES › Section 8-19-21 - Failure to report class A or class B offenses occurring in school; consequences

Current through June, 2024
(a) The
					 superintendent of education shall furnish an annual written notice to all
					 schools and offices that failure to report class A or class B offenses
					 occurring on campus, or other department premises, on department
					 transportation, or during a department sponsored activity or event on or off
					 school property may result in disciplinary actions against responsible
					 teachers, officials, or other employees of the department. Disciplinary actions
					 may include:
(1) Oral warning;
(2) Written warning;
(3) Suspension without pay;
(4) Demotion; or
(5) Dismissal.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 6 - POLICE INTERVIEWS AND ARRESTS › Section 8-19-22 - Police interviews in school for school-related offenses

Current through June, 2024
(a) Police officers may appear at a school
					 to question a student. Upon arrival at the school, the police officer shall be
					 directed to the principal or designee to request permission to interview a
					 student. If permission to interview a student is to be granted, the principal
					 or designee shall make an effort to inform the parent of the police interview
					 and the right to be present when the interview is conducted. The interview may
					 be conducted if the principal or designee is unable to inform the parent or if
					 the parent is informed and declines to be present, or if after a reasonable
					 period of time after the notice is given the parent fails to appear at school
					 for the police interview.
(b) The
					 principal or designee shall be present during a police interview unless
					 excluded by the police officer.
(c)
					 If a student is arrested, the principal or designee shall follow the procedures
					 prescribed in section
					 8-19-24.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 6 - POLICE INTERVIEWS AND ARRESTS › Section 8-19-23 - Police interviews in school for non-school-related offenses

Current through June, 2024
(a) Police officers shall contact the school
					 and advise the principal or designee of the nature and circumstances of the
					 visit. Upon arrival at the school, the police officer shall be directed to the
					 principal or designee to request permission to interview a student.
(b) Prior to any interview, the principal or
					 designee shall inform the parent of the right to be present while the police
					 interview is conducted. The interview can take place upon obtaining verbal
					 consent from the parent. The notification and consent requirements of this
					 subsection shall not be followed if the nature of the interview involves child
					 abuse or other offenses where a parent or household member is suspected of
					 committing an offense against the student.
(c) The principal or designee shall keep a
					 log and record the student's name, the date of the police interview, and the
					 police officer's name and badge number and police report number if
					 available.
(d) If the student is
					 arrested by the police, the principal or designee shall follow the procedure
					 prescribed in section
					 8-19-24.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 6 - POLICE INTERVIEWS AND ARRESTS › Section 8-19-24 - Police arrests in school

Current through June, 2024
Police shall be directed to the principal or designee.
						Whenever possible the student shall be sent to the principal's office for the
						police officer to effect the pending arrest. Upon police arrival to arrest a
						student, the principal or designee shall make a good faith effort to inform the
						parent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 7 - RESTITUTION FOR VANDALISM › Section 8-19-25 - Liability for vandalism

Current through June, 2024
(a) When any
					 student is found to be responsible for an act of vandalism against any public
					 school building, facility, or ground, restitution shall be made by the student
					 or parent. There shall be no restitution when vandalism cannot be proved to
					 have been committed by the student.
(b) Notwithstanding the provisions of this
					 chapter, the State may elect to bring any appropriate action for the recovery
					 of damages to school properties.
(c) If a student is to be disciplined for an
					 act of vandalism under this chapter, restitution procedures shall be initiated
					 only after the disciplinary procedures of this chapter have been completed and
					 the principal or designee conducting the investigation has reason to believe
					 that the student has violated the provisions of this chapter.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 7 - RESTITUTION FOR VANDALISM › Section 8-19-26 - Procedures applicable to vandalism

Current through June, 2024
(a) Whenever a
					 principal or designee has reason to believe that a student may be responsible
					 for an act of vandalism against any public school building, facility or ground,
					 the principal or designee shall immediately initiate an
					 investigation.
(b) If the vandalism
					 is an act which subjects the student to disciplinary action under this chapter,
					 the principal or designee shall include as part of the investigation required
					 under sections
					 8-19-7,
					 8-19-8,
					 8-19-9,
					 and
					 8-19-10,
					 a determination of the facts and circumstances that support restitution under
					 this subchapter. Further action related to restitution shall be held in
					 abeyance until disciplinary action has been determined and appeal procedures
					 have been exhausted.
(c) If after
					 the investigation, the principal or designee has reason to believe that a
					 student is responsible for the vandalism, the principal or designee shall
					 schedule a conference with the student and parent. Attendance at the conference
					 shall be limited to the principal or designee, student, and parent.
(d) Advance written notice of the conference
					 shall be made on departmental forms, which shall be delivered by mail to the
					 parent. No student or parent shall be required to make restitution in any
					 manner unless the parent has been notified and has been given an opportunity to
					 be heard. The notice shall inform the parent of the findings and the date,
					 time, and location of the conference. The notice shall be mailed at least
					 fifteen calendar days before the date of the conference. When necessary to
					 achieve effective communication the notice shall be provided in the native
					 language of the parent. The school may use other means of communication, such
					 as the telephone, to augment the written communication between the school and
					 the parent.
(1) The parent shall respond to
					 the notice within seven calendar days from the date of the notice.
(2) The conference date provided for in the
					 notice may be rescheduled if the parent of the student contacts the school to
					 arrange for a new conference date. The request to reschedule the conference
					 shall be made within seven calendar days of the date of the notice.
(3) The conference and an informal settlement
					 may be agreed upon in cases where damages do not exceed $3,500. If a settlement
					 is reached, a written agreement for restitution shall be executed between the
					 parent and school. A written agreement shall be executed only if the damages do
					 not exceed $3,500.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 7 - RESTITUTION FOR VANDALISM › Section 8-19-27 - REPEALED

Current through June, 2024
The
						repealed version of this section by
						Hawaii
						Administrative Rules Listing of Filings, 2019-01, November, eff.
						11/17/2019 is not
						yet available.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 7 - RESTITUTION FOR VANDALISM › Section 8-19-28 - REPEALED

Current through June, 2024
The
						repealed version of this section by
						Hawaii
						Administrative Rules Listing of Filings, 2019-01, November, eff.
						11/17/2019 is not
						yet available.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 7 - RESTITUTION FOR VANDALISM › Section 8-19-29 - REPEALED

Current through June, 2024
The
						repealed version of this section by
						Hawaii
						Administrative Rules Listing of Filings, 2019-01, November, eff.
						11/17/2019 is not
						yet available.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 8 - COMPLAINTS PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Section 8-19-30 - Complaint procedure

Current through June, 2024
(a) The department
					 will take immediate and appropriate steps to stop any discrimination,
					 harassment (including sexual harassment), or bullying against a student,
					 including those based on a protected class as defined in section
					 8-19-2,
					 to prevent its recurrence and to remedy discriminatory effects on the
					 complainant/victim or others, if appropriate.
(b) Complaints regarding inappropriate
					 behavior or stemming from allegations that fall under this chapter may be filed
					 at any time by:
(1) Students who experience
					 discrimination, harassment (including sexual harassment), bullying, or
					 retaliation;
(2) Students who
					 witness discrimination, harassment (including sexual harassment), bullying, or
					 retaliation against another student;
(3) Parents, legal guardians, educational
					 representatives, or individuals with a power of attorney who know about or
					 witness discrimination, harassment (Including sexual harassment), bullying, or
					 retaliation against a student; or
(4) Employees, staff, or volunteers who
					 witness or know about discrimination, harassment (including sexual harassment),
					 bullying, or retaliation against a student.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 8 - COMPLAINTS PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Section 8-19-32 - Continued investigation

Current through June, 2024
The department will investigate allegations of violations
						of this subchapter even absent a filing of a formal complaint or if a complaint
						has been withdrawn.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 8 - COMPLAINTS PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Section 8-19-33 - Language assistance, writing assistance, or reasonable accommodation

Current through June, 2024
Any individual making a complaint or participating in an
						investigation that requires language assistance or writing assistance shall be
						afforded such assistance by the department. Any individuals with disabilities
						who require reasonable accommodation(s) to make a complaint or participate in
						an investigation shall be afforded such assistance by the department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 8 - COMPLAINTS PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Section 8-19-34 - Retaliation prohibited

Current through June, 2024
Retaliation and retaliatory harassment is prohibited
						against any person because the person engaged in a protected activity.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Subchapter 8 - COMPLAINTS PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION › Section 8-19-35 - Right to seek other relief

Current through June, 2024
Nothing in this chapter shall be construed to limit or
						waive the right of the complainant/victim to seek other relief as provided
						under federal and state laws. A complainant/victim has the right to file a
						discrimination complaint with the federal or state government, including law
						enforcement agencies:
(1) Without
					 filing a complaint under this chapter;
(2) At the same time a complaint is filed or
					 an incident is reported under this chapter;
(3) At any time during the pendency of a
					 complaint filed or an incident reported under this chapter; or
(4) After a complaint filed or incident
					 reported under this chapter has been addressed. [Eff NOV 17 2019] (Auth: HRS
					 §
											302A-1112)
2. Material, except source notes and other
					 notes, to be repealed is bracketed and stricken. New material is
					 underscored.
3. Additions to update
					 source notes and other notes to reflect these amendments and compilation are
					 not underscored.
4. These
					 amendments to and compilation of chapter
					 8-19, Hawaii Administrative Rules,
					 shall take effect ten days after filing with the office of the Lieutenant
					 Governor.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 27 - TRANSPORTATION OF STUDENTS › Section 8-27-1 - Statement of purpose

Current through June, 2024
The purpose of this chapter is to facilitate compliance
					 with the State compulsory attendance law, and to comply with section
					 302A-406,
					 Hawaii Revised Statutes, and Federal law relating to the provision for a free
					 appropriate public education specifically the provision of transportation
					 services to students with disabilities and to provide access to equal
					 educational opportunity without undue transportation
					 hardships.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 27 - TRANSPORTATION OF STUDENTS › Section 8-27-3 - Fare

Current through June, 2024
(a) The fare is $125 per ride The State shall
				  pay for any cost in excess of the student fare The department may increase or
				  decrease the fare, through rulemaking, provided the fare does not exceed 50% of
				  the cost to provide transportation services (not including the cost of
				  curb-to-curb, mid-day, and after-school transportation services for students
				  with disabilities), rounded to the nearest 5 cents.
(b) When fares are pre-paid, the fare for a
				  period greater than a school academic quarter shall be the number of trips for
				  the period multiplied by the fare less five percent of the cost. The department
				  may provide reimbursement to schools for the cost to schools of the school bus
				  program. Funds to provide reimbursement to schools shall come from collection
				  of fares.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 27 - TRANSPORTATION OF STUDENTS › Section 8-27-5 - Eligibility

Current through June, 2024
(a) fare free riders shall include:
(1) Students who receive transportation under
				  the provisions of Hawaii administrative rules for students with
				  disabilities;
(2) Students who have
				  been identified on their application for transportation services as
				  homeless;
(3) Students who have
				  been identified on their application for transportation services as a foster
				  child. The foster parent shall provide a copy of a family court order or a
				  letter from a case worker on official department of human services letterhead
				  for verification purposes; or
(4)
				  Elementary students who reside a mile or more from school, and secondary
				  students who reside 1.5 miles or more from school, attend the school in their
				  public school attendance area, and are:
(A) A
				  member of a family receiving financial assistance pursuant to department of
				  human services administrative rules; or
(B) A member of a family which meets current
				  income poverty guidelines of the United States Department of Agriculture
				  criteria to receive free school lunch, or for schools that participate in the
				  federal Community Eligibility Provision program or other program that provides
				  all students with free lunch regardless of each individual family's income, a
				  family which has been certified eligible by the department of human services to
				  participate in the Supplemental Nutrition Assistance Program;
(C) The fourth or more student of a family
				  and the first three students are paying the fare to and from school;
(D) Transferred to another school because of
				  a grade transfer from one school to another, but the student shall receive
				  transportation only for the time that the student would have been in the grade
				  which was transferred;
(E)
				  Transferred to another school because the school was consolidated, but the
				  student shall receive transportation only for the remaining number of years
				  that the student would have been in attendance at the school which was
				  consolidated;
(F) Required by the
				  department to attend a school other than the school in the student's public
				  school attendance area; or
(G)
				  Directed by the district to attend another school because the student's public
				  school attendance area was redefined (redistricted), but the student shall be
				  eligible to receive fare free transportation for only the time the student
				  would have been attending the school that was redistricted.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 27 - TRANSPORTATION OF STUDENTS › Section 8-27-6 - Application procedures

Current through June, 2024
Any parent, legal guardian, or adult person with whom the
					 student resides, or any student eighteen years or older may apply for
					 transportation in accordance with the following procedures;
(1) Application forms for transportation
				  shall be available from the bus company or the school the student attends. The
				  application must be completed and returned to the student's school;
(2) Application for alternate drop off and/or
				  pick up to or from locations other than the student's home under section 8-27-4
				  (b) shall be communicated to the school by the parent, guardian, or person
				  authorized by a student's lEP or Section 504. The school shall, under
				  procedures established by the department, initiate the process to request such
				  transportation; and
(3) Application
				  for elementary students who reside less than one mile from school, secondary
				  students who reside less than 1.5 miles from school, students with physical
				  and/or health problems, or students who are on geographic exception under
				  section 8-27-5(b)(2) shall be made by submitting a written request to the
				  school the student attends.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 27 - TRANSPORTATION OF STUDENTS › Section 8-27-7 - Curb-to-curb transportation procedures

Current through June, 2024
Students and parents or guardians who do not comply with
					 the procedures in this section may be denied transportation. For students
					 receiving curb-to-curb transportation, parents or guardians shall;
(1) Provide emergency information pertaining
				  to the safety of the child prior to receiving transportation;
(2) Provide supervision or designate a
				  responsible alternate to provide supervision during the time the bus arrives to
				  pick up and drop off the child. Any exception to this requirement shall be made
				  only with the written consent of the principal; and
(3) Observe procedures relating to student
				  absences, disaster, illness, and carrying of articles on the bus.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 27 - TRANSPORTATION OF STUDENTS › Section 8-27-8 - Exemption from the one-mile and 15-mile qualifying distances

Current through June, 2024
(a)
				  An exemption from the one-mile and 1.5-mile distances required under section
				  8-27-5 may be granted by the assistant superintendent on a year to year basis
				  if an exemption is necessary for the health and safety of students if other
				  options that will mitigate hazards are not available or are not cost
				  effective,
(b) Applications for
				  exemptions shall be submitted to the assistant superintendent and shall state
				  the specific exemption requested, the reasons why the exemption should be
				  granted, the duration of the exemption, and any other pertinent
				  information.
(c) The assistant
				  superintendent shall advise the applicant of the decision within thirty
				  calendar days after receiving an application.
(d) Exemptions granted under this section
				  shall terminate when the hazardous conditions are corrected or otherwise cease
				  to exist.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 27 - TRANSPORTATION OF STUDENTS › Section 8-27-9 - Transportation as "related service" or "related aids and service"

Current through June, 2024
Students with disabilities who attend a public school,
					 which includes charter schools, or are programmatically placed by the lEP team
					 at a public school, which includes charter schools, private school, or facility
					 outside of the student's home school attendance area as determined by the
					 student's legal residence and require transportation as a related service shall
					 be provided transportation in accordance with the student's lEP or Section 504.
					 Parents, guardians, or designees of students receiving transportation services
					 who do not comply with applicable procedural requirements as established by the
					 department may have transportation services suspended or denied. Complex area
					 superintendents shall review, approve, and be responsible for transportation
					 requests other than home to school and return.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 27 - TRANSPORTATION OF STUDENTS › Section 8-27-10 - Appeals

Current through June, 2024
(a) Any person aggrieved by a decision made
				  pursuant to this chapter may appeal that decision to the superintendent within
				  thirty calendar days after that decision. The appeal shall be in writing and
				  shall state the:
(1) Pertinent facts of the
				  case;
(2) Decision of the
				  department;
(3) Reason or reasons
				  why the person appealing feels that the decision was incorrect;
(4) Reasons why the person is aggrieved;
				  and
(5) Remedy the person
				  seeks.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 28 - TRANSPORTATION SAFETY › Section 8-28-1 - Purpose

Current through June, 2024
The purpose of this chapter is to provide safe
					 transportation of students by setting safety regulations relating to passenger
					 conduct, passenger safety instructions, disciplinary procedures, and school bus
					 driver's responsibility and authority.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 28 - TRANSPORTATION SAFETY › Section 8-28-2 - Definitions

Current through June, 2024
As used in this chapter:
"Department"
means the department of
					 education.
"Parent"
means the natural or legal
					 parent, guardian or other legal custodian of the student.
"Principal"
means the principal of the
					 school the student attends or the principal's designee.
"School bus"
means any publicly or
					 privately owned motor vehicle used to transport pupils to and from a school as
					 defined in section 298-41, Hawaii Revised Statutes, or school functions or
					 school related events except:
(1) A motor vehicle used for transportation of students
					 attending schools above the twelfth grade or pupils over eighteen years of
					 age;
(2) A privately owned passenger vehicle when the
					 transportation is provided without compensation of any kind; or
(3) A motor vehicle used for transportation of pupils
					 together with other passengers as a part of the regularly scheduled operation
					 of a mass transit system.
"Student"
means students in grades
					 kindergarten through twelve and in special education classes who are passengers
					 in a school bus that is under contract with or operated by the
					 State.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 28 - TRANSPORTATION SAFETY › Section 8-28-4 - Responsibility and authority of department personnel

Current through June, 2024
(a) Upon
				  receipt of a driver's written report, the school principal shall conduct an
				  investigation of the incident. The principal shall give the student oral or
				  written notice of the report against the student. If the student denies the
				  charge, the student shall be given an opportunity to present the student's
				  version of the incident.
(b) If the
				  principal finds that the charges are sustained, the student may be precluded
				  from riding the bus, or given a warning. The bus driver and parent shall be
				  sent a copy of the report and the results of the investigation. If the
				  preclusion is necessary, the principal shall give notice of any preclusion
				  regardless of its length to the student, parent and bus driver. The notice
				  shall state:
(1) The specific acts allegedly
				  committed by the student which form the basis of the action;
(2) The rule allegedly violated;
(3) The length of the preclusion;
				  and
(4) That the parent may request
				  a conference with the principal or request a hearing before the district
				  superintendent if the preclusion exceeds ten days.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 28 - TRANSPORTATION SAFETY › Section 8-28-5 - Passenger safety instruction

Current through June, 2024
At least once during each school year each school principal
					 shall provide safety instructions to school bus riders in grades kindergarten
					 through twelve. The instruction shall be appropriate to the type of
					 transportation services that the student receives.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 28 - TRANSPORTATION SAFETY › Section 8-28-6 - Passenger Safety code

Current through June, 2024
All students riding school buses shall abide by the
					 following requirements.
(1) At the
				  designated school bus stop and while boarding, students shall:
(A) Not bring children who will not be
				  passengers on the bus or animals to the bus stop;
(B) Be on time at the designated school bus
				  stop to help keep the bus on schedule;
(C) Stay off the road while waiting for the
				  bus and conduct themselves in a safe manner while waiting;
(D) Refrain from loud talking at bus stops
				  which may disturb nearby residents;
(E) Refrain from littering or defacing
				  property at bus stops;
(F) Line up
				  in an orderly, single file and wait until the bus comes to a complete stop
				  before attempting to board the bus;
(G) Walk on the side of the road facing
				  traffic to get to the bus stop if there are no sidewalks;
(H) Not bring articles on the bus that may
				  cause injury to passengers or carry on articles which cannot be stored
				  safely;
(I) Use the handrail and
				  watch their step when boarding the bus.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 30 - PUBLIC SUMMER SCHOOL TUITIONS › Section 8-30-1 - Definition of terms

Current through June, 2024
As used in this chapter:
"Board" means the board of education.
"Department" means the department of education.
"Regular summer school program" means the department of
					 education's program of instruction during the summer as regulated by the 2400
					 series of policies and regulations of the department.
"Special education summer school program" means the
					 department of education's program of instruction during the summer for students
					 with disabilities as defined by state law and as regulated by the 2400 series
					 of policies and regulations of the department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 30 - PUBLIC SUMMER SCHOOL TUITIONS › Section 8-30-2 - Tuition schedule of regular and special education summer school programs

Current through June, 2024
(a) The tuition
				  shall be established by the superintendent of the department, upon approval by
				  the board. Any adjustment shall be applied to the next scheduled summer school
				  session and shall not be applied retroactively to tuition fees already
				  collected.
(b) Tuition shall be
				  paid prior to the first session of a summer school class. The director of a
				  summer school may authorize delayed tuition payments in justifiable cases of
				  hardship.
(c) Tuition payments
				  shall be refunded according to the following schedule for a six-week session:
(1) Full refund -- Prior to the first day of
				  summer school;
(2) Fifty per cent
				  refund -- Up to the first week of summer school;
(3) Twenty-five per cent refund -- Up to the
				  second week of summer school;
(4)
				  No refund shall be made after the second week of summer school.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 31 - TOBACCO FREE SCHOOL SYSTEM › Section 8-31-1 - Purpose

Current through June, 2024
The public school system strives to provide its students
					 with a safe and secure learning environment, as well as appropriate instruction
					 and school experiences that mutually reinforce good personal health and safety
					 practices. The present practice of condoning tobacco use by employees and other
					 adults on public school campuses, at off-campus events, and at district and
					 state offices seriously undermines and contradicts instruction to students
					 regarding the health hazards of tobacco use. The purpose of this chapter is to
					 implement the tobacco free school system policy. Accordingly, this chapter sets
					 forth who shall be responsible for implementing the tobacco free school system
					 policy, as well as how the policy shall be enforced. This chapter also provides
					 for counseling and rehabilitation assistance to employees who wish to stop
					 smoking.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 31 - TOBACCO FREE SCHOOL SYSTEM › Section 8-31-2 - Definitions

Current through June, 2024
As used in this chapter, unless a different meaning clearly
					 appears in the context:
"Authorized school visitors" means persons other than
					 school employees and students who are authorized by the principal or designee
					 to conduct business, attend or participate in a school-sponsored program or
					 activity, or otherwise physically enter the school campus or off-campus site
					 under the operational control of the principal or designee.
"Off-campus site" means a place or facility other than the
					 school campus, which is used to conduct school-sponsored programs and
					 activities and which is under the operational control of the principal or
					 designee, including privately and commercially owned facilities which the
					 department leases for community school for adults.
"Operational control" means having jurisdiction over the
					 conduct of events, activities, and attending or participating persons on the
					 school campus or at an off-campus site. With respect to an off-campus site,
					 such as ballrooms, dining facilities, theaters, conference facilities, and
					 recreation or athletic facilities, operational control is exercised by the
					 principal or designee over that facility or portion of the facility which is
					 leased for the exclusive use of the school.
"Other use of tobacco products" means chewing, inhaling and
					 any other form of consuming tobacco products other than by smoking.
"School" means any regular school, special school, or
					 community school for adults operated by the department of education.
"School campus" means the buildings and grounds of a
					 school.
"School employee" means administrators, teachers, and
					 support staff employed by the school, any volunteer, and all employees of the
					 district and state offices of the department of education who perform their
					 jobs on a school campus or off-campus site under the operational control of the
					 principal or designee.
"School vehicle" means any publicly or privately owned
					 motor vehicle used to transport students to and from school campuses or
					 off-campus sites, except:
(1) A privately owned passenger vehicle when the
					 transportation is provided without compensation of any kind by the school;
					 or
(2) A motor vehicle operated as part of the regularly
					 scheduled operation of a mass transit system serving the general public.
"Smoking" means the act of inhaling or exhaling upon,
					 burning, or carrying any lit cigarette, cigar, or pipe.
"Tobacco product" means any substance that contains
					 tobacco, including, but not limited to, chewing tobacco, cigarettes, cigars,
					 pipes, snuff, smoking tobacco, and smokeless tobacco.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 31 - TOBACCO FREE SCHOOL SYSTEM › Section 8-31-3 - Tobacco free school system

Current through June, 2024
(a) Effective
				  September 1, 1993, smoking and other use of tobacco products shall be
				  prohibited at all times, including the following:
(1) On public school campuses, school
				  vehicles, and off-campus sites under the operational control of the principal
				  or designee, except as part of a bona-fide classroom instruction or theatrical
				  production approved by the principal; and
(2) In all buildings and facilities, or
				  portions thereof, which are assigned to the district and state offices of the
				  department of education, and which are under the supervision of the district
				  superintendent, assistant superintendents, the superintendent of education, or
				  their designees.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 31 - TOBACCO FREE SCHOOL SYSTEM › Section 8-31-4 - Implementation responsibility and authority

Current through June, 2024
(a) Each principal
				  shall be responsible for implementing the provisions of section 8-31-3 with
				  respect to the school campus, school vehicles, and off-campus sites under the
				  operational control of the principal. The principal shall:
(1) Give written notice by letter to students
				  enrolled in community schools for adults and school employees, and written
				  notice by sign to authorized visitors and guests, that the school is a tobacco
				  free school which conforms to the requirements of this chapter;
(2) Take appropriate sanctions in accordance
				  with section 8-31-5 against violators; and
(3) Assist school employees in obtaining
				  counseling and rehabilitation services relating to smoking cessation.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 31 - TOBACCO FREE SCHOOL SYSTEM › Section 8-31-5 - Enforcement procedures

Current through June, 2024
The provisions of §
										8-31-3 shall be enforced as
					 follows:
(1) School employees who
				  violate the policy shall be disciplined in accordance with regulations and
				  procedures 5110 of the school code or civil service regulations, as applicable;
				  and
(2) Students enrolled in
				  community school for adults, authorized school visitors and guests who violate
				  the policy will first be warned and, if necessary, declared trespassers and
				  removed from the school campus, school vehicle, or off-campus site with the
				  assistance of the police in accordance with section
				  708-813(c),
				  HRS.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 31 - TOBACCO FREE SCHOOL SYSTEM › Section 8-31-6 - Counseling and rehabilitation assistance

Current through June, 2024
The department of education shall assist school employees
					 in obtaining appropriate counseling and rehabilitation services relating to
					 voluntary smoking cessation. The department may provide such services directly,
					 or may refer school employees to services offered by other government and
					 private agencies and community organizations. Services shall be made available
					 prior to the implementation of section
					 8-31-3.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 32 - COLLECTION OF AUTHORIZED FEES AND CHARGES › Section 8-32-1 - Definition

Current through June, 2024
As used in this chapter, "co-curricular activities" means
					 student activities which are authorized by the school principal and which
					 complement classroom instruction by providing learning experiences which meet
					 individual needs and develop citizenship skills and positive attitudes in less
					 formal settings.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 32 - COLLECTION OF AUTHORIZED FEES AND CHARGES › Section 8-32-2 - Fees and charges for co-curricular activities

Current through June, 2024
Fees and charges for co-curricular activities. Schools may
					 assess and collect special fees and charges from pupils for co-curricular
					 activities. The maximum allowable charges for class dues (middle/intermediate
					 and high schools), student association fees, and school club dues shall be
					 established by the board of education. A school principal may establish fees
					 and charges at amounts which are lower than the maximum amounts allowable under
					 this section.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 32 - COLLECTION OF AUTHORIZED FEES AND CHARGES › Section 8-32-3 - Collection, disposition. and use of fees and charges

Current through June, 2024
Collection, disposition, and use of fees and charges.
(a) The school principal or designee
				  shall be responsible for collecting fees and charges for co-curricular
				  activities. The monies collected shall be deposited into each school's insured
				  checking or savings account.
(b)
				  Monies collected shall be expended for the direct benefit of students and shall
				  be limited to the support of activities for which the student is
				  charged.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 32 - COLLECTION OF AUTHORIZED FEES AND CHARGES › Section 8-32-4 - Refunds for the regular school year

Current through June, 2024
The school shall retain one-tenth of all fees, dues,
					 assessments and rental for each month or fraction thereof that school is
					 attended by the student. The remainder shall be refunded to the student who,
					 upon enrollment in another school, shall pay fees for only the number of whole
					 months remaining in the school year. June shall be counted as a whole month. No
					 refund shall be made after the eighth month of school.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 33 - ADULT EDUCATION FEES › Section 8-33-1 - Financing adult education program

Current through June, 2024
The financial support for the adult education program shall
					 be in part from fees collected from students enrolled, and in part from public
					 funds appropriated for this purpose in accordance with state and federal laws.
					 Administrative and supervisory costs, costs of instruction and all other
					 necessary expenses not covered by fees and other authorized charges shall be
					 paid from funds appropriated for this purpose.