reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 33 - ADULT EDUCATION FEES › Section 8-33-2 - Instructional fees

Current through June, 2024
Students enrolling in adult education classes may be
					 assessed instructional fees. The superintendent of education shall set the
					 amount of the instructional fees, in accordance with the recommendations of the
					 advisory council, based upon the cost per instructional hour for each adult
					 education class. No instructional fee shall be assessed for adult basic
					 education (ABE) classes and senior citizens' program classes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 33 - ADULT EDUCATION FEES › Section 8-33-3 - Equipment fees

Current through June, 2024
Students enrolling in adult education homemaking, art,
					 industrial arts, and business education classes may be assessed equipment fees.
					 The superintendent of education shall set the equipment fee in accordance with
					 the recommendations of the advisory council. An equipment fee shall be based
					 upon the cost of maintenance and repair of equipment used in a
					 class.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 33 - ADULT EDUCATION FEES › Section 8-33-4 - Supply and material fees

Current through June, 2024
Students in adult education classes may be assessed supply
					 and material fees to defray the cost of instructor-provided expendable supplies
					 and materials, such as food items or clothing material, used in the classroom
					 and which are necessary for conducting the class. Supply and material fees
					 shall be determined by the instructor by pro rating the actual cost of
					 instructor-provided supplies and materials among students enrolled in the
					 class. Supply and material fees shall be reviewed and approved by the
					 principal.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 33 - ADULT EDUCATION FEES › Section 8-33-5 - General educational development testing fees

Current through June, 2024
Each adult education student taking a general educational
					 development (GED) test shall be assessed a fee. The superintendent of
					 education, with the recommendation of the advisory council, shall set the fee
					 amount, provided that the general educational development testing fee shall be
					 based upon the cost of test materials and proctor services.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 33 - ADULT EDUCATION FEES › Section 8-33-6 - Waiver of fees

Current through June, 2024
All fees that may be assessed for adult education by the
					 department of education may be waived by the principal for the following
					 categories of students:
(1) Adults
				  registered with the department of labor and industrial relations who are
				  unemployed when they enroll in courses which will assist them in securing
				  employment;
(2) Adults certified by
				  the department of human services as indigent when they enroll in classes which
				  will assist them to become self-sustaining; and
(3) Veterans who are entitled to federal
				  educational assistance upon authorization of the veterans administration. Fees
				  shall be charged against federal funds in accordance with veterans
				  administration contract regulations.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 33 - ADULT EDUCATION FEES › Section 8-33-7 - Refunds for withdrawal from adult education classes

Current through June, 2024
A student who withdraws from an adult education class shall
					 be refunded fees paid for the classes as follows:
(1) Instructional and equipment fees shall be
				  refunded in full if the student withdraws prior to the second meeting of the
				  class. Refunds of instructional and equipment fees shall not be made to the
				  student who withdraws after the second meeting of the class has
				  convened;
(2) Supply and material
				  fees shall be refunded in full if student withdraws prior to the second meeting
				  of the class. One-half of the supply and material fees shall be refunded if the
				  student withdraws at any time from the second meeting until one-half of the
				  total scheduled class meetings have been held. Refunds of supply and material
				  fees shall not be made to the student who withdraws after one-half of the total
				  scheduled class meetings have been held.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-1 - Philosophy

Current through June, 2024
Schools maintain extensive information about students for
					 legitimate educational use as instruction, guidance, counseling and research.
					 However, if released or used improperly, the information may intrude upon the
					 privacy of students and their families. Therefore, it is imperative that there
					 be recognition of the school's needs for relevant data for the student's
					 benefit and the protection of an individual's rights of privacy. In the event
					 of a conflict regarding confidentiality of education records specifically
					 relating to children who are handicapped or are suspected of being handicapped,
					 section 8-36-7 shall prevail.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-2 - Purpose

Current through June, 2024
This chapter sets forth requirements to ensure the
					 protection of the educational rights and privacy of students and parents in
					 conformance with federal laws. If any change occurs in the federal laws, those
					 changes in the federal law shall control.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-3 - Definitions

Current through June, 2024
As used in this chapter:
"Days" means working or school days.
"Department" means the department of education.
"Directory information" means the student's name, date and
					 place of birth, address, telephone, dates of attendance, class level, major
					 field of study, participation in officially recognized activities, and sports,
					 weight and height if member of an athletic team, awards received, graduation
					 date, and the most recent previous educational agency or institution
					 attended.
"Education records" means all records, files, documents,
					 and other materials maintained by the department, which contain information
					 directly related to an individual student. Excluded are the following:
(1) Private notes and records in the possession of
					 instructional, supervisory, administrative, and support personnel of the
					 department, which are not accessible or divulged to anyone except to the person
					 who substitutes in a particular job;
(2) Confidential communication protected by law;
(3) Records maintained by law enforcement units on a school
					 campus used only for law enforcement purposes and which are kept apart from the
					 education records and are available only to law enforcement officials of the
					 same jurisdiction;
(4) Department personnel employment records;
(5) Records of a physician, psychiatrist, psychologist, or
					 other recognized professional or paraprofessional maintained for the treatment
					 of a student eighteen years or older and which may be reviewed by a physician
					 or other professional designed by the student.
"Eligible student" means a person at least eighteen years
					 of age who is or was a student.
"Parent" means the natural or legal parent, guardian or
					 other legal custodian of the student.
"Right to inspect" means the right of a parent, eligible
					 student, or a designated representative to inspect under the supervision of
					 personnel of the department information concerning the student in
					 question.
"Student" means a person who is or has been in attendance
					 in school and whose education records are maintained by the
					 department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-4 - Rights of parents and students

Current through June, 2024
(a) Parents shall
				  have the following rights with respect to the education records of their
				  children:
(1) Inspect, review, challenge or
				  obtain copies thereof;
(2) Allow
				  others to review them; and
(3)
				  Grant permission for their release.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-5 - Applicability

Current through June, 2024
This chapter shall apply to the education records of all
					 students who are or have been enrolled in Hawaii's public
					 schools.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-6 - Access rights to education records

Current through June, 2024
An eligible student or parent shall have the right
					 to:
(1) Obtain a list of that
				  student's education records maintained by the department;
(2) Inspect or review them;
(3) Receive from the department, when
				  requested, an explanation or interpretation of those records pursuant to
				  section 8-34-9(a);
(4) Challenge
				  the contents of the records at a hearing;
(5) Inspect, review, or obtain information
				  that pertains only to the student in question, if any material or files contain
				  data on more than one person;
(6)
				  Secure copies of records at one's own expense, provided the charge shall not
				  exceed the actual reproduction cost. In case of financial hardship, the
				  department may waive the reproduction cost; and
(7) Other access rights as are provided in
				  section 8-36-7(l).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-7 - Destruction of records

Current through June, 2024
The department may destroy or expunge any records of a
					 student when they no longer are appropriate, relevant, or required under
					 department rules. However, when an eligible student or parent requests access
					 to the records,access shall be granted prior to the destruction of records.
					 Additional provisions relating to destruction of records shall be complied with
					 in conformance of section 8-36-7(2).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-8 - Notification

Current through June, 2024
(a) The department shall inform eligible
				  students or parents annually of:
(1) Kinds of
				  education records that are maintained by the department;
(2) Name and position of official responsible
				  for maintenance of each type of records, who has access to each type and why
				  they are needed;
(3) Department
				  rules and policies governing review and expunging of records;
(4) Procedures for challenging their
				  contents;
(5) Charge to be made for
				  reproducing copies;
(6) Categories
				  of data designated as directory information; and
(7) Other rights and requirements under this
				  chapter.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-9 - Procedure for granting access

Current through June, 2024
(a) When an
				  eligible student or parent requests access to the student's education records,
				  they shall be made available within a reasonable period of time but in no event
				  more than thirty days after the request.
(b) The department shall comply with parent
				  requests under section 8-36-73 ).
(c) The department shall notify the eligible
				  student or parent in writing of the time, date, and place for the review of the
				  records.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-10 - Review and challenge of record contents

Current through June, 2024
An eligible student or parent may request:
(1) A meeting with school personnel to review
				  the student's education records. Every effort shall be made to resolve
				  differences through informal meetings and discussions;
(2) The right to file a written explanation
				  on points in question if the school disagrees on expunging or changing the
				  contents. Additional requirements shall be as set forth in section 8-36-7(4);
				  and
(3) The right to a hearing to
				  challenge, correct, or delete data considered inaccurate, inappropriate, or
				  misleading, if agreement is not reached. The hearing shall not be conducted
				  unless specifically requested orally or in writing within ten days after the
				  conference.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-11 - Hearing

Current through June, 2024
After receiving the request, the district superintendent
					 shall schedule a hearing within ten days. The district superintendent shall
					 notify all interested parties of its date, time and place. The district
					 superintendent or a disinterested designee, who may be an official of the
					 department, shall conduct the hearing under the following conditions:
(1) It shall be private unless requested
				  otherwise by the eligible student or parent;
(2) All parties shall have the right to
				  present evidence, cross-examine witnesses and submit rebuttal
				  testimony;
(3) The district
				  superintendent or designee need not follow the formal rules of evidence. The
				  district superintendent or designee shall weigh the data impartially, may
				  request and consider any additional information relevant to the education
				  records, provided the material first has been made available to the eligible
				  student, parent, or representative;
(4) The department shall make a transcript or
				  tape recording of the hearing. The eligible student or parent may record or
				  obtain a copy of the proceedings at that person's own expense;
(5) The district superintendent shall render
				  a decision in writing not later than five days after the close of the hearing.
				  This decision, based on the hearing record and supportive evidence, shall state
				  clearly the action to be taken and the reasons therefor. It shall be mailed
				  return receipt requested or personally delivered to the eligible student or
				  parent; and
(6) If the hearing is
				  conducted by a person other than the district superintendent, the district
				  superintendent shall review the recommended decision and proceedings. The
				  district superintendent may accept, reject, or modify the decision. In the
				  event of any change, the district superintendent shall state the reasons in
				  writing. In reviewing the recommended decision, the district superintendent
				  shall not consider matters outside the case record except with the consensus of
				  both the student and parent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-12 - Appeal to the superintendent

Current through June, 2024
(a) The eligible
				  student or parent may appeal to the superintendent of education within ten days
				  of the receipt date of the district superintendent's notification of action.
				  The superintendent shall render a final determination within five
				  days.
(b) The superintendent's
				  determination of each act or law at issue shall be sent to the eligible student
				  or parent by certified mail return receipt requested. The notification shall
				  inform the party of the right to file exceptions to the decision and to present
				  argument to the superintendent at a specified date, time, and place.
(c) Additional civil remedies are available
				  under state law.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-13 - Review board

Current through June, 2024
Federal law permits an appeal to the review board. The
					 final decision is rendered by the Secretary of the Department of
					 Education.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-15 - Recording of requests

Current through June, 2024
The department shall maintain with each student's education
					 records a log of all persons requesting access to the data and the reasons
					 therefor. Exceptions to this shall be as provided in section
					 8-34-14.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 37 - SCHOOL LUNCH PROGRAM › Section 8-37-1 - Purposes

Current through June, 2024
A school lunch program shall be provided in the public
					 schools for the purposes of providing students with a nutritious meal at a
					 minimum cost, providing learning experiences, and establishing desirable food
					 habits.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 37 - SCHOOL LUNCH PROGRAM › Section 8-37-2 - Participation in federal programs

Current through June, 2024
The public schools shall participate in the benefits of the
					 National School Lunch Program, School Breakfast Program, and the Commodity
					 Program to the extent possible and in so doing shall cooperate with the state
					 office in maintaining standards, complying with regulations, and submitting
					 required reports and information.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 37 - SCHOOL LUNCH PROGRAM › Section 8-37-4 - Eligibility

Current through June, 2024
(a) Eligibility for free or reduced priced
				  meals shall be determined by the department in accordance with the requirements
				  set forth in the Code of Federal Regulations, title 7, part 245, "Determining
				  Eligibility for Free and Reduced Price Meals and Free Milk."
(b) Prior to the beginning of school, or
				  during the first week of school, the department shall disseminate information
				  and applications for free or reduced price meals as follows:
(1) A public release shall be provided to the
				  local news media, the unemployment office, and to any major employers
				  contemplating large layoffs in the area from which the school draws its
				  attendance. The public release shall contain the same information provided to
				  households under paragraph (2).
(2)
				  The department shall distribute letters to the households of all enrolled
				  students to inform them that they may apply for free or reduced priced meals.
				  The letter shall contain the following:
(A)
				  The reduced price eligibility criteria and an explanation that households with
				  income at or below the reduced price criteria would be eligible for either free
				  or reduced price meals.
(B) An
				  explanation of how and where to apply for free or reduced price
				  meals.
(C) An explanation of the
				  information that is needed before consideration can be given to an
				  application.
(D) An explanation
				  that the information on the application is subject to verification during the
				  school year.
(E) A statement that
				  recipients must notify the department during the school year of any increase in
				  income of over $50 per month or of $600 a year
,
or
				  such other amounts as the relevant federal programs shall require, or of any
				  decrease in household size.
(F) A
				  statement that a household may apply for benefits at any time during the school
				  year as its family income circumstances change.
(G) A statement that children having parents
				  or guardians who become unemployed are eligible for benefits, provided that the
				  loss of income causes household income to be within the eligibility
				  criteria.
(H) A statement that, in
				  certain cases, foster children are eligible for benefits regardless of the
				  income of the household with whom they reside.
(I) The statement: "In the operation of the
				  child feeding programs, no child will be discriminated against because of race,
				  sex, color, national origin, age or handicap."
(J) A statement that the decision of the
				  department with respect to the application may be appealed.
(K) A statement that an application is
				  attached.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 37 - SCHOOL LUNCH PROGRAM › Section 8-37-5 - Application for free or reduced price meals

Current through June, 2024
(a) The information
				  requested by the department shall be limited to that needed to determine
				  whether a household meets the eligibility criteria for free or reduced price
				  meals and shall provide such information as the relevant federal programs shall
				  require.
(b) Applications shall be
				  distributed to each household and completed and returned to the school office.
				  The superintendent of education or authorized designee shall review and approve
				  applications.
(c) The department
				  shall inform the applicant by letter of the action taken on the application.
				  The letter shall:
(1) State whether the
				  application has been approved for free meals, reduced price meals, or whether
				  application has been denied.
(2)
				  Explain the reason for not qualifying if the application is not approved and
				  inform the applicant of:
(A) The right to
				  discuss the matter with a representative of the department designated by the
				  superintendent.
(B) The right to an
				  impartial hearing which can be arranged by the hearing officer. The request for
				  a hearing shall be made within ten days of the notice of disapproval.
(C) The name, address and phone number of the
				  hearing officer.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 37 - SCHOOL LUNCH PROGRAM › Section 8-37-6 - Verification of eligibility

Current through June, 2024
(a) As used in this
				  chapter, "verification" means confirmation of eligibility for free or reduced
				  price benefits under the school lunch program. At a minimum, verification shall
				  include confirmation of income eligibility. Verification shall be conducted in
				  accordance with the requirements of the relevant federal program. Verification
				  efforts shall not delay the initial approval of applications. An application
				  shall be approved if it contains the minimum documentation required by the
				  relevant federal program and meets the income eligibility criteria for free or
				  reduced price benefits.
(b)
				  Households selected for verification shall be informed of the following:
(1) They have been selected for
				  verification;
(2) They are required
				  to submit the required verification information to confirm eligibility for free
				  or reduced price benefits;
(3) The
				  types of information or documents acceptable to the department and the name and
				  phone number of a school official who can assist in the verification
				  effort;
(4) They may submit proof
				  of current eligibility for food stamp benefits in lieu of income information if
				  they are participating in the food stamp program; and
(5) Failure to cooperate with verification
				  efforts will result in termination of benefits.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 37 - SCHOOL LUNCH PROGRAM › Section 8-37-7 - Hearing of appeals

Current through June, 2024
(a) Upon an oral or
				  written request for a hearing, the department shall schedule the hearing with
				  reasonable promptness and convenience. The department shall provide adequate
				  notice with respect to the time and place of the hearing.
(b) The hearing shall be conducted in the
				  following manner:
(1) The applicant may be
				  assisted by an attorney or other person;
(2) The applicant shall be given an
				  opportunity, before and during the hearing, to examine documents and records
				  presented to support the decision being appealed;
(3) The applicant shall be given an
				  opportunity to present oral or documentary evidence and argument supporting the
				  appeal;
(4) The applicant shall be
				  given an opportunity to question or refute any testimony or other evidence and
				  to cross-examine any adverse witnesses;
(5) The hearing shall be conducted and
				  decision made by an official who did not participate in the decision being
				  appealed or in any previous conference;
(6) The decision of the hearing official
				  shall be based on the oral and documentary evidence presented at the hearing
				  and made part of the hearing record;
(7) The parties involved, including any
				  designated representative, shall be notified in writing of the decision of the
				  hearing official; and
(8) A written
				  record shall be maintained for each hearing which shall include:
(A) The decision under appeal;
(B) The documentary evidence
				  presented;
(C) A summary of any
				  oral testimony presented at the hearing;
(D) The decision of the hearing officer and
				  the reasons for the decision; and
(E) A copy of the notification to the parties
				  involved of the hearing official's decision.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 37 - SCHOOL LUNCH PROGRAM › Section 8-37-8 - Persons to be served

Current through June, 2024
Persons to be served by the school cafeteria are students,
					 teachers, and other members of the school staff, as well as district and state
					 office personnel and board of education members when they are at the school on
					 official business, and persons who are guests of the school. Any exception
					 shall be cleared in advance with the complex area
					 superintendent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 37 - SCHOOL LUNCH PROGRAM › Section 8-37-9 - Competing with private businesses

Current through June, 2024
School cafeterias shall not operate so as to compete with
					 private businesses by catering to non-school persons or organizations. They are
					 not to solicit or accept orders for food from school when such food is to be
					 taken from the school for non-school use. Community colleges are exempted for
					 essential training purposes as approved by their respective advisory
					 committees.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 37 - SCHOOL LUNCH PROGRAM › Section 8-37-10 - Use of student help in the cafeteria

Current through June, 2024
Students shall assist in the cafeteria as part of their
					 duties in school services. Not more than one full day of cafeteria duty in any
					 one month or more than a total of seven full days in one school year shall be
					 required of any student. Any exception must be approved by the complex area
					 superintendent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 38 - CONSOLIDATION OF PUBLIC SCHOOLS › Section 8-38-1 - Purpose

Current through June, 2024
The purpose of this chapter is to:
(1) State the conditions which indicate the
				  need to consider the consolidation of schools to achieve significant reductions
				  in operating or capital expenditures or to ensure equal educational opportunity
				  for students;
(2) Provide
				  procedures and guidelines to determine whether a school should be consolidated;
				  and
(3) Ensure that parents and
				  other parties are informed of proposed consolidations and are given the
				  opportunity to express their views at a public hearing.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 38 - CONSOLIDATION OF PUBLIC SCHOOLS › Section 8-38-2 - Definitions

Current through June, 2024
As used in this chapter:
"Board" means the board of education.
"Consolidation" means the closing of one or more existing
					 schools and the transfer of all the students enrolled at the closed school to
					 another school. It shall not mean the transfer of one or more grade levels to
					 another school.
"Days" means calendar days.
"Department" means the department of education.
"Superintendent" means the superintendent of the
					 department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 38 - CONSOLIDATION OF PUBLIC SCHOOLS › Section 8-38-3 - Conditions under which a study is required

Current through June, 2024
The superintendent shall initiate a study to determine
					 whether a school should be consolidated if:
(1) One third or more of the square footage
				  in the existing facilities requires replacement or improvements to meet
				  prescribed standards;
(2) One third
				  or more of the available classrooms are in excess of the teaching station and
				  educational program needs of the school; or
(3) Enrollment decline and staff reductions
				  have or will reduce the capability of the school to provide the range of
				  educational opportunities offered at adjoining schools with larger enrollments;
				  provided, preliminary data indicate that adjoining schools can accommodate any
				  relocated students without substantial capital improvement expenditures for
				  additional facilities.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 38 - CONSOLIDATION OF PUBLIC SCHOOLS › Section 8-38-4 - Procedures and guidelines

Current through June, 2024
(a) When a
				  consolidation study must be initiated in accordance with section 8-38-3, the
				  superintendent shall submit a written report to the board that the department
				  will initiate a consolidation study and the reasons why a consolidation study
				  is being conducted. Following the submission of such report to the board, the
				  department may conduct the consolidation study.
(b) Based upon findings of the consolidation
				  study, the superintendent shall then render a written report to the board,
				  which shall include, but not be limited to, the following considerations:
(1) The advantages and disadvantages of
				  consolidation in respect to efficient school administration and providing equal
				  educational opportunity;
(2) The
				  adequacy of facilities, equipment, programs, transportation service, and other
				  support services at the school which may be closed and the school to which
				  students may be transferred;
(3)
				  Social impact on the children, schools, community and those involved in the
				  consolidation;
(4) The net
				  financial savings that may be realized from consolidation, including
				  projections of additional expenditures at the school which may receive
				  transferred students;
(5) Potential
				  new residential developments, projected changes in enrollment, and other
				  relevant demographic considerations;
(6) Suitability of using portions of the
				  school facilities to accommodate space requirements of other department or
				  state activities; and
(7) A
				  suggested timetable for implementation if consolidation is
				  recommended.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-1 - General rule

Current through June, 2024
All public school buildings, facilities, and grounds shall
					 be available for general recreational purposes and for public and community use
					 whenever these activities do not interfere with the normal and usual activities
					 of the school and its pupils as provided by law. This general rule shall be
					 carried out within the policy of the department of education that no available
					 public school building, facility, or grounds shall be denied for use by the
					 public and community on the grounds of race, color, religion, sex, age,
					 national origin, or disability. The department of education shall not assist
					 any public or community group which discriminates on the basis of sex by making
					 available for use public school buildings, facilities, and grounds, except for
					 groups specifically exempted by the provisions of 20 U.S.C. 1691,
					 1682
					 (Title IX, Education Amendments of 1972), or exempted by the Secretary of the
					 U.S. Department of Education.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-2 - Applications

Current through June, 2024
Applications for the use of buildings, facilities, or
					 grounds shall be submitted in writing in accordance with the department's
					 rules.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-3 - Categories of use

Current through June, 2024
Use of school buildings, facilities, or grounds shall be
					 classified as follows:
(1) Type I.
				  Department of education, school sponsored and school-related
				  activities.
(2) Type II.
				  Governmental agencies, not for profit community educational or recreational
				  activities, youth clubs, athletic teams, labor organizations or service clubs
				  conducting general recreational activities, community affairs, or public
				  hearings for which no admission charge is made, collection taken or offering
				  received during the use of school facilities. Student child-care activities
				  conducted by non-profit organizations who have received tax exemption from the
				  State department of taxation shall be classified as Type II use even if there
				  is a charge.
(3) Type III.
				  Governmental agencies, community groups, churches, business enterprises, labor
				  unions or individuals who:
(A) Charge
				  participants a fee, tuition, collect donations, contributions or offerings;
				  or
(B) Conduct fund raising
				  activities, or meetings or services to promote a business, product, or
				  religion; or
(C) Do not meet the
				  criteria as a Type I or Type II user.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-4 - Approvals

Current through June, 2024
(a) For periods of use not exceeding twelve
				  consecutive months:
(1) Applications for Type
				  I, II, and III uses shall be filled out by applicant and shall be approved or
				  disapproved by the school's principal or a designee;
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-5 - Fees and service charges

Current through June, 2024
(a) The rental fees
				  and service charges applicable to the use of school facilities shall be
				  determined by the superintendent of education to recover costs.
(b) The fees and charges shall be revised by
				  the superintendent of education when necessary during the odd year of a fiscal
				  biennium based on the following criteria:
(1)
				  The rental fees for the use of school facilities shall be calculated on the
				  basis of current average construction costs for classrooms and support
				  facilities or average cost estimates provided by the department of accounting
				  and general services. The daily charge shall be determined by amortizing the
				  cost over forty years and multiplying by a common factor determined by the
				  department.
(2) The utility charges
				  shall be assessed according to the type of facility and the number of hours the
				  facility is used. The utility charge shall be calculated by the department
				  based on the actual amount charged by the utility company of the appropriate
				  island. The charge shall cover costs which would not have been incurred if the
				  facility was not utilized.
(3) The
				  custodial charges shall be based on the current average negotiated wages at the
				  start of the fiscal biennium.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-6 - Collection, disposition, and use of fees and charges

Current through June, 2024
(a)
				  The school principal or designee shall be responsible for the collection of
				  fees and charges from the users of school buildings, facilities, or grounds.
				  The moneys collected shall be deposited into a special fund. Statutory special
				  fund assessments shall first be deducted from rental fees collected. Seventy
				  per cent of the rental fees collected shall then be credited to the school and
				  thirty per cent shall be credited to the district. One hundred per cent of
				  charges for custodial services and utilities shall be deposited to reimburse
				  the custodial and the utilities account of the school.
(b) Each school and district may expend the
				  net proceeds of rental fees collected. The expenditures shall not be limited
				  to:
(1) Replacement of custodial and
				  janitorial supplies; and
(2)
				  Repairs, maintenance and replacement of equipment.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-7 - Other requirements

Current through June, 2024
(a) Applicants
				  shall comply with state laws and county ordinances and state and county rules
				  including, but not limited to:
(1) Fire
				  code;
(2) Fieldhouse and gym
				  rules;
(3) Police protection rules;
				  and
(4) Rules of the state
				  department of health.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-8 - Use of auditorium by groups employing union workers

Current through June, 2024
When school auditoriums or similar facilities are made
					 available to public or community groups and the groups employ union stage
					 workers or machine operators, or both, one or more school staff selected and
					 assigned by the principal or the principal's designated assistant shall be
					 present at each performance to run school-owned equipment and shall be paid
					 going rates for the type of service performed. Payments shall be made by those
					 renting the auditorium. In addition, skilled stage workers such as operators of
					 projectors, stage lights, sound equipment, and spotlights shall be employed by
					 the sponsor as needed.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-9 - Alcoholic beverages and tobacco substances

Current through June, 2024
Alcoholic beverages and tobacco substances shall not be
					 sold, consumed or used on school grounds or in school buildings or
					 facilities.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-10 - Use of buildings as sleeping quarters

Current through June, 2024
In the event of a public emergency, the superintendent or a
					 designated representative may authorize school facilities to be used as
					 sleeping quarters. Under any other circumstances, the district superintendent
					 may entertain and approve applications for use of school facilities as sleeping
					 quarters by Types I, II, and III users.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-11 - Use of buildings by organizations for political purposes

Current through June, 2024
When school facilities are used for campaign purposes,
					 organizations shall pay the appropriate fees as a Type III
					 user.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-12 - Subleasing

Current through June, 2024
Users of school buildings, facilities, and grounds shall
					 not sublease the property to other individuals, groups, or organizations,
					 provided that this restriction shall not apply to craft fair promoters or
					 organizations who rent school facilities for a fair and, in turn, charge
					 participating vendors or sellers a fee for the use of sections or tables as
					 long as the fair promoters or organizations maintain adequate liability
					 insurance coverage which includes the liabilities of each of the individuals or
					 organizations licensed by the fair promoters or
					 organizations.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-13 - Loss of rental privileges

Current through June, 2024
Applicants who have outstanding accounts with the school or
					 department, or both, have fraudulently subscribed to erroneous information on
					 the use of facilities application form, or have previously misused the
					 department's property, grounds or facilities may be denied the use of school
					 facilities.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 39 - USE OF SCHOOL BUILDINGS, FACILITIES, AND GROUNDS › Section 8-39-14 - Appeal process

Current through June, 2024
Applicants who have been denied the use of school
					 buildings, facilities, and grounds may appeal the decision with the district
					 superintendent. The district superintendent's decision shall be
					 final.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 40 - USE OF KITCHEN AND FOOD PREPARATION EQUIPMENT › Section 8-40-1 - General rule

Current through June, 2024
Kitchen and food preparation equipment of the public
					 schools may be used by school and community-related organizations. The
					 foregoing general rule shall be carried out within the policy of the department
					 of education that no available public school building, facility, or ground
					 shall be denied for use by the public and community on the grounds of race,
					 color, religion, sex, age, national origin, or handicap. The department of
					 education shall not assist any public or community group which discriminates on
					 the basis of race, color, sex, national origin, or handicap by making available
					 for use public school buildings, facilities and grounds, except for groups
					 specifically exempted by the federal or State law.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 40 - USE OF KITCHEN AND FOOD PREPARATION EQUIPMENT › Section 8-40-3 - Supervision of use

Current through June, 2024
The kitchen and food preparation equipment may be used to
					 prepare and serve food only if permanent school food services personnel from
					 the base kitchen are on duty to supervise proper use of equipment and clean up
					 of work area. The sponsoring organization shall accept assignment of school
					 food services personnel at the level determined by the principal and the school
					 food services manager to be essential to assure adequate supervision of use of
					 equipment and clean up of work area.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 40 - USE OF KITCHEN AND FOOD PREPARATION EQUIPMENT › Section 8-40-4 - Removal of equipment

Current through June, 2024
Cafeteria equipment, including dining tables and chairs,
					 shall not be loaned or moved from the cafeteria for other than school purposes.
					 There shall be no exception to this section.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 40 - USE OF KITCHEN AND FOOD PREPARATION EQUIPMENT › Section 8-40-5 - Public emergency

Current through June, 2024
In the event of a public emergency, the kitchen and food
					 preparation equipment shall be made available as required by the superintendent
					 or the superintendent's authorized representative.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 40 - USE OF KITCHEN AND FOOD PREPARATION EQUIPMENT › Section 8-40-6 - Fees

Current through June, 2024
(a) Fees related to actual costs shall be
				  assessed. A charge of $10 per hour for a minimum of two hours shall be assessed
				  for the first school food services employee scheduled. For additional school
				  food services personnel scheduled, a charge of $8 per hour for a minimum of two
				  hours shall be assessed. All hours worked in excess of the two hour minimum
				  shall result in additional assessment at the hourly rates indicated.
(b) The superintendent may annually revise
				  the average hourly utility cost for kitchen use. This hourly cost shall be
				  charged for each hour of kitchen use.
(c) A charge equal to that charged the
				  department of education shall be assessed when the amount of trash or garbage
				  generated requires an extra pick-up by the refuse collector.
(d) A community-related organization shall
				  pay a deposit of $50 prior to use of kitchen. The user organization shall be
				  liable for any replacement or repair costs which may exceed the amount of
				  deposit. The deposit shall be returned once all charges have been paid by the
				  organization to the department of education and the principal and school food
				  services manager approve release of deposit less any charges for lost or
				  damaged equipment, or both.
(e)
				  Failure by the organization to meet all financial obligations to the department
				  of education within thirty days shall warrant forfeiture of deposit and denial
				  of use of any school kitchen for a period of up to two years.