Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 57 - RESTITUTION FOR DAMAGED AND LOST BOOKS, EQUIPMENT, SUPPLIES, AND OUTSTANDING FINANCIAL OBLIGATIONS › Section 8-57-8 - Procedures applicable to negligence

Current through June, 2024
(a) The principal
				  or designee may conduct or order an investigation of the negligent loss,
				  destruction, breakage or damage of school books, equipment, or
				  supplies.
(b) If the negligence is
				  an act which subjects the student to disciplinary action under chapter
				  8-19,
				  the principal or designee shall include as part of the investigation required
				  under sections
				  8-19-7,
				  8-19-8,
				  and
				  8-19-9,
				  a determination of the facts and circumstances that support restitution under
				  this chapter. Further action related to restitution shall be held in abeyance
				  until disciplinary action has been determined and appeal procedures
				  exhausted.
(c) In the absence of
				  force, duress, or coercion, when a student voluntarily admits liability and
				  agrees to make restitution for equipment, supplies or school books, the
				  principal or designee shall provide an explanation of due process procedures
				  such as the right to a conference. The school shall inform the parent or
				  guardian of the student's admission by telephone or in writing, personally
				  delivered or mailed.
(d) If the
				  principal or designee has reasonable cause to believe that a student is
				  responsible for the negligent loss, destruction, breakage or damage of school
				  books, equipment, or supplies, and the student does not voluntarily admit
				  liability nor agree to make restitution, the principal or designee shall
				  schedule a conference with the student and parent.
(e) Advance written notice of the conference
				  shall be made on departmental forms which shall be delivered by mail to the
				  student and parent. The notice shall inform them of the charges and the date,
				  time, and location of the conference. The notice shall be mailed at least
				  fifteen days before the conference. When necessary to achieve effective
				  communication, the notice shall be provided in the native language of the
				  parent. The principal or designee may use other means of communication, such as
				  the telephone, to augment the written communication between the school and the
				  student and parent.
(1) The parent shall
				  respond to the notice within seven days from the date of the notice.
(2) The conference date provided for in the
				  notice may be rescheduled if the parent contacts the principal or designee to
				  arrange for a new conference date. The request to reschedule the conference
				  shall be made within seven days of the date of notice.
(3) The conference may be waived by the
				  parent and an informal settlement reached. In that event, a written agreement
				  for restitution shall be executed between the parent and the principal or
				  designee.
(4) If the conference is
				  waived, the parent shall be informed that a notice and an opportunity to be
				  heard at a conference with the principal or designee was given to the parent
				  and that the opportunity to be heard was waived by the parent.