reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-3-2 - Further notice of rulemaking

Current through June, 2024
In any rulemaking proceeding where the board deems it
				  warranted, a further notice of proposed rulemaking may be issued by publication
				  thereof in a newspaper of general circulation in the State.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-3-4 - Board action

Current through June, 2024
At the final public hearing, the board may make its decision
				  or announce the date when its decision shall be made. The board shall consider
				  all relevant comments and material of record before taking final action in a
				  rulemaking proceeding.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-3-5 - Emergency rulemaking

Current through June, 2024
Notwithstanding sections
				  8-3-1 through
				  8-3-4, if the board finds that an
				  imminent peril to public health, safety, or morals requires adoption, amendment
				  or repeal of a rule upon less than twenty days' notice of hearing, and states
				  in writing its reason for the finding, it may proceed without prior notice or
				  hearing or upon abbreviated notice and hearing as it finds practicable to adopt
				  an emergency rule to be effective for a period of not longer than one hundred
				  twenty days without renewal.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 3 - RULES APPLICABLE TO RULEMAKING PROCEEDINGS › Section 8-3-6 - Petitions for adoption, amendment or repeal of rules

Current through June, 2024
(a)
				Any interested person, organization or agency may petition the board for the
				adoption, amendment, or repeal of any rule, which is designed to implement,
				interpret, or prescribe law, policy, organization, procedure or practice
				requirements of the board.
(b)
				Petitions for rulemaking shall conform to the requirements of section
				8-2-2.
				A petition for rulemaking shall set forth the text of any proposed rule or
				amendment or specify the rule proposed to be repealed; shall state concisely
				the nature of petitioner's interest in the subject matter and petitioner's
				reasons for seeking the adoption, amendment or repeal of the rule; and shall
				include any facts, views, arguments and data deemed relevant by the petitioner.
				A request for the adoption, amendment, or repeal of a rule which does not
				conform to the requirements set forth in this section may not be considered by
				the board.
(c) Petitions for
				rulemaking shall be given a docket number and shall become matter of public
				record upon filing. The board shall within thirty days following the filing of
				the petition either deny the Petition in writing or initiate public rulemaking
				proceedings as set forth in sections
				8-3-1 to
				8-3-4. No public
				hearing or other proceedings shall be held with respect to such determination.
				Where the board determines that the petition does not disclose sufficient
				reasons to justify the institution of public rulemaking proceedings, or where
				the petition for rulemaking fails, in material respect, to comply with the
				requirements of these rules, the board shall deny the petition and the
				petitioner shall be so notified together with the grounds for denial. The
				provisions of this section, however, shall not operate to prevent the board, on
				its own motion, from acting on any matter disclosed in any petition.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 4 - SPECIAL PROCEEDINGS › Section 8-4-1 - Petition for declaratory rulings

Current through June, 2024
(a) On petition of
				an interested person, the board may issue a declaratory order as to the
				applicability of any statutory provision or of any rule or order of the board.
				Petitions for the issuance thereof shall state clearly and concisely the
				controversy or uncertainty, shall cite the statutory authority involved, shall
				include a complete statement of the facts and the reasons or grounds prompting
				the petition, together with full disclosure of petitioner's interest and shall
				conform to the requirements of section
				8-2-2.
(b) The board, upon receipt of the petition,
				may require the petitioner to file additional data or a memorandum of legal
				authorities in support of the position taken by the petitioner.
(c) The board, without notice or hearing, may
				dismiss a petition for declaratory ruling which fails in any material respect
				to comply with the requirements of this chapter or allow the petitioner a
				reasonable amount of time to correct defects in the petition.
(d) Although in the usual course of
				disposition of a petition for a declaratory ruling no formal hearing shall be
				granted to the petitioner or to a party in interest, the board may order the
				proceeding set down for hearing. Any petitioner or party in interest, who
				desires a hearing on a petition for declaratory ruling, shall set forth in
				detail in the request, the reasons why the matters alleged in the petition,
				togetherwith supporting affidavits or other written evidence, shall not permit
				the fair and expeditious disposition of the petition; and to the extent that a
				request for hearing is dependent upon factual assertion, shall accompany the
				request by affidavit establishing those facts. In the event a hearing is
				ordered by the board, chapter
				2, Title 8, Administrative Rules, shall
				govern the proceedings.
(e)
				Nothwithstanding the other provisions of this section, the board, on its own
				motion or upon request but without notice or hearing, may issue a declaratory
				order to terminate a controversy or to remove uncertainty.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-1 - Philosophy

Current through June, 2024
In order to establish education and public library services
				  as an integrated, cooperative enterprise, administrators, teachers and other
				  department personnel shall promote a climate of open two-way communication with
				  the public, excluding matters proscribed by federal or state laws or
				  union-management agreements.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-2 - Purpose

Current through June, 2024
This chapter sets forth a description of methods whereby the
				  public may obtain information pertaining to public education and public library
				  services in Hawaii, to express views or submit suggestions, concerns or
				  complaints to the department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-3 - Definitions

Current through June, 2024
As used in this chapter, unless the context indicates
				  otherwise:
"Board"
means the board of education.
"Department" means the department of education.
"Information"
means data pertaining to the
				  rules, policies, regulations, procedures, programs and structure of the
				  department. It is inclusive of public records, minutes, and publications as
				  defined by State law.
"Public"
means any individual, agency or
				  organization desiring information relative to public education in Hawaii or
				  wishing to express views or submit suggestions, concerns or complaints
				  pertaining to public education.
"Public education"
means all programs of
				  instruction throughout the State of Hawaii administered by the superintendent
				  of education in accordance with policies adopted by the board pursuant to State
				  law.
"Public library system"
means all programs
				  throughout the State of Hawaii administered by the state librarian in
				  accordance with policies adopted by the board pursuant to State
				  law.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-4 - Exclusions and limitations

Current through June, 2024
The term "information" excludes the following:
(1) Education records as defined by section
				8-34-3(d);
(2) Data subject to
				federal or state laws insuring the right of privacy for students, teachers,
				administrators or other department personnel;
(3) Data pertaining to an action or
				proceeding involving litigation;
(4) Collective bargaining matters proscribed
				by law or union-management agreements; and
(5) Data excluded under the provisions of the
				fair information practice act.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-5 - Responsible agents

Current through June, 2024
(a) At the local
				level, requests for information or submitted suggestions, concerns or
				complaints pertaining to a specific public school or public library shall be
				directed to the principal or vice principal of the respective school or to the
				established school-community council serving that school, or the head librarian
				of the respective public library.
(b) At the district level, requests for
				information or submitted suggestions, concerns or complaints pertaining to the
				procedures, programs or administration of schools or public libraries within a
				specific district shall be directed to the district superintendent or the
				district school advisory council serving the respective district, or the
				library district administrator or the library advisory commission of the
				respective county.
(c) At the state
				level, requests for information or submitted suggestions, concerns or
				complaints pertaining to statewide rules, policies, regulations, procedures,
				programs, or administration of the department shall be directed to the office
				of the superintendent, public relations branch, or the state librarian in the
				case of the public library system.
(d) Requests for information or submitted
				suggestions, concerns, or complaints pertaining to the administration and
				procedures of specific offices, branches or sections of the department shall be
				directed to the appropriate officer having jurisdiction over the offices,
				branches or sections.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-6 - General procedure

Current through June, 2024
Requests for information or submittal of concerns relating to
				  public education or public libraries in Hawaii may be made by telephone,
				  correspondence, at meetings, or by personal visit.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-7 - Appeal procedures

Current through June, 2024
(a) Requests or
				concerns not satisfactorily addressed at the local level shall be directed to
				the district office in which the school or public library is located.
(b) Requests or concerns not satisfactorily
				addressed at the district level shall be directed to the office of the
				superintendent, public relations branch, or the state librarian in the case of
				the public library system.
(c)
				These procedures do not exclude the right of an individual, agency, or
				organization to petition the board directly on any matter relating to public
				education or public libraries in Hawaii under practices and procedures
				established by the board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-8 - Time limits

Current through June, 2024
(a) Requests for
				information or submit suggestions, concerns or complaints relating to local or
				district level matters, and requiring coordination with other schools or public
				libraries, districts, or agencies, shall be addressed within three working
				days.
(b) Requests for general
				information shall be answered within the same working day whenever
				possible.
(c) If more time is
				required to adequately respond to the request or the concern, the requestor
				shall be so notified and a mutually reasonable time shall be determined for
				reply.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-9 - News releases

Current through June, 2024
(a) News releases
				on matters relating to board actions, statewide departmental policies, and
				related information shall be issued by the superintendent or a designee, or the
				state librarian or a designee.
(b)
				The district administrators, school principals, head librarians, or designees
				may release information related to their activities.
(c) Local, district and state offices may
				release routine factual or statistical data and news stories directly to the
				media. These authorizations do not apply where there is a necessity for
				restricting premature disclosure of information which might prejudice the
				orderly and responsible conduct of government.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-10 - Availability of materials

Current through June, 2024
(a) Department
				rules, policies, and regulations are available in all public libraries, public
				schools and all major offices of the department. Copies can be examined and
				reproduced during established working hours.
(b) Minutes of board proceedings and official
				documents are available for inspection in the office of the board, the office
				of the superintendent, the office of the state librarian, and are supplied by
				the state publications distribution center to all public libraries. They may be
				examined and reproduced during established working hours under procedures set
				by the board.
(c) Publications that
				include documents, compilations, journals, reports, statutes, regulations and
				ordinances pertaining to public education and the public library system are
				available through the state publications distribution center.
(d) Public records shall be available for
				inspection at the respective offices having jurisdiction during established
				working hours.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-11 - Fees

Current through June, 2024
(a) Any person applying for a copy of a
				public document or record open to inspection by the public shall be charged 25
				cents per page.
(b) In the case of
				general informational materials that are produced for distribution to the
				public at no charge, certain fees designated by State law shall be
				waived.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 5 - PUBLIC ACCESS TO INFORMATION › Section 8-5-12 - Recordkeeping

Current through June, 2024
Requests from the public for general information need not be
				  recorded, although requests received by correspondence shall be retained with a
				  copy of the reply. Disposal of public records shall be carried out in
				  compliance with procedures set forth by State law.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 6 - CONFIDENTIALITY OF PERSONAL RECORDS › Section 8-6-1 - Definitions

Current through June, 2024
As used in this chapter:
"Days"
means working or school days.
"Employee"
means any individual employed by
				  the department of education.
"Library patron"
means any individual who
				  utilizes the state public library services.
"Parent"
means the natural or legal parent,
				  guardian, or other legal custodian of the student.
"Personal record"
means any item,
				  collection, or grouping of information about an employee, student, parent, or
				  library patron that is maintained by the department. It includes but is not
				  limited to the employee's, student's, parent's, or library patron's
				  educational, financial, medical, or employment history, or items that contain
				  or make reference to the employee's, student's, parent's, or library patron's
				  name, identifying number, symbol, or other identifying particular assigned to
				  the employee, student, parent, or library patron, such as a finger or voice
				  print or a photograph.
"Student"
means any individual who is or has
				  been enrolled and is or has been in attendance at any public school or private
				  school licensed by the department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 6 - CONFIDENTIALITY OF PERSONAL RECORDS › Section 8-6-2 - Employee, student, parent, or library patron access to own personal record

Current through June, 2024
(a) All accessible
				personal records shall be made available for inspection to the employee,
				student, parent, or library patron to whom it pertains, in a reasonably prompt
				manner and in a reasonably intelligible form. Where necessary the department
				shall provide a translation into common terms of any machine readable code, or
				any code or abbreviation employed for internal department use.
(b) Upon the request of an employee, student,
				parent, or library patron to gain access to personal records, the department
				shall permit the employee, student, parent, or library patron to review the
				record and have a copy made within ten days following the date of the request
				unless the personal record requested is exempted under section
				8-6-5. The ten-day
				period may be extended for an additional twenty days if the department provides
				to the employee, student, parent, or library patron, within the initial ten
				working days, a written explanation of unusual circumstances causing the
				delay.
(c) The department may
				charge the employee, student, parent, or library patron for any copies and for
				the certification of any copies; provided that the charges or fees shall not
				exceed the actual cost of duplication or of transcription into readable or
				intelligible form and duplication and shall not include any costs of searching
				for the record.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 6 - CONFIDENTIALITY OF PERSONAL RECORDS › Section 8-6-3 - Right to correct personal record

Current through June, 2024
(a) An employee,
				student, parent, or library patron has a right to have any factual error in
				that person's personal record corrected and any misrepresentation or misleading
				entry in the record amended by submitting a written request to the custodian of
				the personal record.
(b) Within
				twenty days after receipt of a written request to correct or amend a personal
				record the custodian of the personal record shall acknowledge the request in
				writing and promptly:
(1) Make the requested
				correction or amendment; or
(2)
				Inform the individual in writing of its refusal to correct or amend the
				personal record, the reason for the refusal, and the department's procedures
				for review of the refusal.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 6 - CONFIDENTIALITY OF PERSONAL RECORDS › Section 8-6-4 - Review procedures concerning access and correction

Current through June, 2024
(a)
				An employee, student, parent, or library patron who has been refused access to,
				or correction or amendment of, a personal record may submit a written request
				to the superintendent of education or the state librarian for a review of the
				refusal to allow access to, or correction or amendment of, a personal
				record.
(b) Not later than thirty
				days after receiving a request for a review of a refusal to allow access to, or
				correction or amendment of, a personal record, the superintendent of education
				or the state librarian, or their respective designee, shall make a final
				determination.
(c) If the
				superintendent of education or the state librarian, or their respective
				designee, refuses upon final determination to allow access to, or correction or
				amendment of, a personal record, the superintendent of education or the state
				librarian, or their respective designee, shall so state in writing, and:
(1) Permit, whenever appropriate, the
				employee,student, parent, or library patron to file in the record a concise
				statement setting forth the reasons for disagreement with the refusal of the
				department to allow access to, or to correct or amend it; and
(2) Notify the employee, student, parent, or
				library patron of the applicable procedures for obtaining appropriate judicial
				remedy.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 6 - CONFIDENTIALITY OF PERSONAL RECORDS › Section 8-6-5 - Exemptions and limitations on employee, student, parent, or library patron access

Current through June, 2024
The department is not required to grant an employee, student,
				  parent, or library patron access to personal records or information
				  when:
(1) The disclosure would reveal
				the identity of a source who furnished information to the department under an
				expressed or implied promise of confidentiality.
(2) Records consist of testing or examination
				material or scoring keys solely to determine qualifications for appointment or
				promotion in public employment, or used as or to administer a licensing
				examination or an academic examination, the disclosure of which would
				compromise the objectivity, fairness, or effectiveness of the testing or
				examination process.
(3) Records
				include investigative reports and materials, related to an upcoming, ongoing,
				or pending civil or criminal action or administrative proceeding against the
				employee, student, parent, or library patron.
(4) Required to be withheld from the
				employee, student, parent, or library patron to whom it pertains by statute or
				judicial decision or authorized to be so withheld by constitutional or
				statutory privilege.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 6 - CONFIDENTIALITY OF PERSONAL RECORDS › Section 8-6-6 - Limitation on public access to personal record

Current through June, 2024
The Department may not disclose or authorize disclosure of
				  personal records by any means of communication to any person other than the
				  employee, student, parent, or library patron to whom the record pertains unless
				  the disclosure is:
(1) To a duly
				authorized agent of the employee, student, parent, or library patron to whom it
				pertains;
(2) Of information
				collected and maintained specifically for the purpose of creating a record
				available to the general public;
(3) Pursuant to a statute of this state or
				the federal government that expressly authorized the disclosure;
(4) Pursuant to a showing of compelling
				circumstances, affecting the health or safety of any employee, student, parent,
				or library patron; and
(5) Properly
				authorized for release by the employee, student, parent, or library patron to
				the authorized agency or person specified.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 6 - CONFIDENTIALITY OF PERSONAL RECORDS › Section 8-6-7 - Limitations on disclosure of personal record to other agencies

Current through June, 2024
The department may not disclose or authorize disclosure of
				  personal records to any other agency unless the disclosure is:
(1) Compatible with the purpose of which the
				information was collected or obtained;
(2) Consistent with the conditions or
				reasonable expectations of use and disclosure under which the information was
				provided;
(3) Reasonably appears to
				be proper for the performance of the requesting agency's duties and
				functions;
(4) To the state
				archives for purposes of historical preservation, administrative maintenance,
				or destruction;
(5) To any agency
				or instrumentality of any governmental jurisdiction within or under the control
				of the United States, or to a foreign government if specifically authorized by
				treaty or statute, or for a civil or criminal law enforcement
				investigation;
(6) To the
				legislature or any committee or subcommittee thereof;
(7) Pursuant to an order of a court of
				competent jurisdiction; and
(8) To
				authorized officials of a department or agency of the federal government for
				the purpose of auditing or monitoring an agency program that receives federal
				moneys.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 6 - CONFIDENTIALITY OF PERSONAL RECORDS › Section 8-6-8 - Access to personal record by order in judicial or administrative proceedings or as required by other law

Current through June, 2024
Nothing in this chapter shall be construed to permit or
				  require the department to withhold or deny access to a personal record, or any
				  information in a personal record:
(1)
				When the department is ordered to produce, disclose, or allow access to the
				record or information in the record, or when the discovery of the record or
				information is allowed by prevailing rules of discovery or by subpoena, in any
				judicial or administrative proceeding; or
(2) Where any statute, administrative rule,
				rule of court, judicial decision, or other law authorizes or allows an
				employee, student, parent, or library patron to gain access to a personal
				record or to any information in a personal record or requires that the
				employee, student, parent, or library patron be given such access.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 1 - RULES OF PRACTICE AND PROCEDURE › Chapter 6 - CONFIDENTIALITY OF PERSONAL RECORDS › Section 8-6-9 - Violations

Current through June, 2024
A knowing or intentional violation of any provision of this
				  chapter by any employee of the department shall be cause for disciplinary
				  action, including suspension or discharge. Any person may file a complaint with
				  the department alleging such a violation.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 7 - PUBLIC SCHOOL PERSONNEL: CRIMINAL HISTORY RECORD, EMPLOYMENT HISTORY, AND BACKGROUND CHECKS › Section 8-7-2 - General rule

Current through June, 2024
(a) Employees and applicants who work in
				  close proximity to children shall be of reputable and responsible
				  character.
(b) The department may
				  refuse to employ, may refuse to issue a teaching certificate to, may terminate
				  the employment of, or may revoke the teaching certificate of any employee or
				  applicant who has a criminal history record, employment history, or background
				  involving violence, alcohol or drug abuse, sex offense, offense involving
				  children or any other circumstance which indicates that the applicant or
				  employee may pose a risk to the health, safety, or well-being of children. The
				  refusal, termination, or revocation action may be based on:
(1) Conviction of a crime, other than a minor
				  traffic offense involving a fine of $50 or less, which indicates that the
				  person poses a risk to the health, safety or well-being of children (the type
				  of criminal offense, when it occurred, and evidence of rehabilitation may be
				  considered in determining whether the criminal history record indicates a risk
				  to children);
(2) Other information
				  or evidence which reflect upon the character and fitness of the person which
				  indicates that the person poses a risk to children;
(3) Failure to accurately and fully complete
				  and submit employment application documents; or
(4) Failure to declare, concealing, or
				  falsifying criminal history, employment history, or background information to
				  the department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 7 - PUBLIC SCHOOL PERSONNEL: CRIMINAL HISTORY RECORD, EMPLOYMENT HISTORY, AND BACKGROUND CHECKS › Section 8-7-3 - Applicant or employee duty to provide information

Current through June, 2024
(a) Except
				  as otherwise specified or exempted from criminal history record check
				  requirements, any person who is employed or seeks employment with the
				  department in a position which places that person in close proximity to
				  children is required to provide to the department:
(1) An accurately and fully completed
				  employment application with all requested information and documents including
				  employment references;
(2) A sworn
				  statement indicating:
(A) Whether the person
				  ever had a teaching certificate or other professional license revoked or not
				  renewed;
(B) Whether the person
				  within the past ten years was suspended, fired, asked to resign from
				  employment, or separated from military service under conditions other than
				  honorable;
(C) Whether the person
				  had been convicted of a crime, other than a minor traffic offense involving a
				  fine of $50 or less;
(D) Whether
				  the person had been diagnosed as having a mental or emotional condition which
				  may affect the person's ability to responsibly manage, supervise, control and
				  interact with children; and
(E) A
				  detailed explanation for each of the above when applicable.
(3) A written consent for the
				  department to conduct a criminal history record check;
(4) A written consent for the department to
				  obtain information from current and past employers and references;
				  and
(5) Written permission to be
				  fingerprinted.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 7 - PUBLIC SCHOOL PERSONNEL: CRIMINAL HISTORY RECORD, EMPLOYMENT HISTORY, AND BACKGROUND CHECKS › Section 8-7-4 - Fingerprinting requirement

Current through June, 2024
Persons who have been employed continuously by the
					 department on a salaried basis prior to July 1, 1990, shall not be required to
					 undergo criminal history record checks. The department shall require all other
					 employees and may require applicants to undergo fingerprinting to conduct
					 criminal history record checks as may be accommodated by the Hawaii criminal
					 justice data center. Fingerprinting and criminal history record checks shall be
					 conducted without charge to employees and applicants. Employees and applicants
					 shall cooperate fully and make every reasonable effort to comply with
					 fingerprinting and other requirements when so notified and instructed by the
					 department or its representative agents. The department may refuse to hire and
					 may terminate any person who willfully fails to comply or cooperate fully
					 fingerprinting requirements.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 7 - PUBLIC SCHOOL PERSONNEL: CRIMINAL HISTORY RECORD, EMPLOYMENT HISTORY, AND BACKGROUND CHECKS › Section 8-7-5 - Use of criminal history records results

Current through June, 2024
(a) Information
				  obtained from criminal history record checks shall be used exclusively by the
				  department for the purpose of determining whether or not a person is suitable
				  for working in close proximity to children. Use and release of such information
				  obtained from the FBI shall be subject to federal laws and
				  regulations.
(b) The department may
				  disclose information that an affected individual's criminal nhistory record
				  check shows a "clean criminal history record". Federal law (
				  28
				  U.S.C. §534 ) otherwise prohibits the
				  disclosure of criminal history information obtained from the FBI. An FBI
				  identification record and information contained therein, however, may be
				  disclosed to the affected individual when explaining decisions or contemplated
				  decisions resulting in refusal to hire, refusal to issue teaching certificate,
				  termination of employment or revocation of teaching certificate. Information
				  from an FBI identification record may also be disclosed to a union
				  representative with the consent of the affected individual and may also be
				  displayed, with the consent of the affected individual, at an administrative
				  hearing to resolve issues concerning the record's content and use. If desired,
				  the affected individual may also request the correction of FBI criminal history
				  information by following FBI rules to correct the FBI identification
				  record.
(c) Criminal history
				  information obtained from sources other than the FBI may be categorized into
				  criminal convictions and arrest records. Criminal convictions are considered
				  public records and may be disclosed to the general public. Arrest records are
				  private and shall not be released by the department except in the process of
				  verifying the disposition of the arrests, or as otherwise required by law.
				  Information regarding a person's arrest records for offenses that may pose a
				  risk to the health, safety or well-being of children may be used as the basis
				  to delay hiring decisions or for the suspension of employment pending further
				  inquiry and investigation. Arrest records shall not be used as the sole basis
				  to refuse to employ a perspective employee or to terminate an
				  employee.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 7 - PUBLIC SCHOOL PERSONNEL: CRIMINAL HISTORY RECORD, EMPLOYMENT HISTORY, AND BACKGROUND CHECKS › Section 8-7-6 - Implementation procedures and instructions

Current through June, 2024
(a) The department
				  shall develop necessary plans, procedures, and instructions to implement the
				  provisions of this chapter.
(b) The
				  department may implement the provisions of this chapter incrementally subject
				  to the availability of funds and resources.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-1 - Purpose

Current through June, 2024
The department has a legitimate interest in and the
					 responsibility for the appropriate education of all school age children in the
					 State of Hawaii. It is the purpose of this chapter to implement the compulsory
					 attendance exceptions of §
										302A-1132,
					 Hawaii Revised Statutes. Implementing the compulsory attendance law is not
					 intended to violate the rights and convictions of parents to home school or
					 otherwise except their child from compulsory attendance. Finally, home
					 schooling is not considered a school initiated educational alternative and is
					 not to be used by a school as a means for releasing students with behavior or
					 disciplinary problems or students lacking credits to graduate from the local
					 public school.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-2 - Definitions

Current through June, 2024
As used in this chapter:
"Alternative educational program" means an educational
					 program, in a non-school setting other than home schooling, which addresses the
					 standards identified in the Hawaii Content and Performance Standards.
"Department" means the department of education.
"Employment" means suitable, lawful full-time employment of
					 a minimum of forty hours per week.
"Home schooling" means a viable educational option where a
					 parent instructs the parent's own child.
"Local public school" means the school the child would be
					 enrolled in if the child was not excepted from compulsory school
					 attendance.
"Parent" means the natural or legal parent, guardian or
					 other legal custodian of child.
"School age child" means a child who will have arrived at
					 the age of at least six years, and who will not have arrived at the age of
					 eighteen years on or before December 31 of any school year.
"Tutoring" means an alternative educational program where
					 an individual other than the parent instructs a child.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-4 - Conditions for exceptions

Current through June, 2024
School age children may be excepted from compulsory school
					 attendance in the following cases:
(1)
				  Where a child is physically or mentally unable to attend school, except for
				  deafness and blindness, of which fact the certificate of a duly licensed
				  physician shall be sufficient evidence;
(2) Where any child who has reached the
				  fifteenth anniversary of birth is suitably and lawfully employed;
(3) Where a family court judge has approved
				  withdrawal from school;
(4) Where
				  the superintendent of education or designee has approved an appropriate,
				  alternative educational program, other than home schooling; and
(5) Where the parent of a school age child
				  has provided notification of intent to home school the child.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-5 - Procedures for exceptions due to disabilities

Current through June, 2024
(a) A parent whose
				  child is physically or mentally unable to attend school, deafness and blindness
				  excepted, shall complete and submit Form 4140, Exceptions to Compulsory
				  Education, to the local public school.
(b) A parent whose child is physically or
				  mentally unable to attend school, deafness and blindness excepted, shall also
				  submit sufficient evidence of the identified disabilities to the local public
				  school. A certificate from a duly licensed physician shall be sufficient
				  evidence.
(c) The district
				  superintendent may approve withdrawal from school for exceptions due to
				  identified disabilities.
(d)
				  Requests for exceptions due to identified disabilities shall be renewed
				  annually.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-6 - Procedures for exceptions due to employment

Current through June, 2024
(a) A parent whose
				  child has reached the fifteenth anniversary of birth and is suitably and
				  lawfully employed shall complete and submit Form 4140, Exceptions to Compulsory
				  Education, to the local public school for the principal's recommendation as to
				  whether the exception should be granted. The form shall then be submitted to
				  the district superintendent for approval.
(b) A family court judge may also approve an
				  exception due to employment.
(c)
				  The student to be exempted from attendance shall be employed full-time for a
				  minimum of forty hours per week.
(d) The student's employer shall notify the
				  school within three days if employment is terminated. The student shall return
				  to the school unless the student provides the principal with verification of
				  new employment. (e) Requests for exception due to employment shall be renewed
				  annually.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-7 - Procedures for exceptions due to family court order

Current through June, 2024
(a) Approval
				  for exceptions due to family court order shall be authorized by a family court
				  judge.
(b) The approval of the
				  family court judge shall be obtained on Form 4140, Exceptions to Compulsory
				  Education, and submitted to the local public school.
(c) Requests for an exception due to family
				  court order shall be reviewed and renewed annually.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-8 - Procedures for exceptions for alternative educational programs, other than home schooling

Current through June, 2024
(a) The parent of a
				  child requesting a compulsory attendance exception for an alternative
				  educational program other than home schooling shall complete and submit Form
				  4140, Exceptions to Compulsory Education, to the local public school.
(b) For purposes of this chapter, enrollment
				  in a private school's home study school program shall not be construed as
				  equivalent to attendance at a private school.
(c) The parent requesting an exception under
				  this section shall submit to the local public school principal a planned
				  curriculum for the child along with the Form 4140. The curriculum shall be
				  structured and based on educational objectives as well as the needs of the
				  child, be cumulative and sequential, provide a range of up-to-date knowledge
				  and needed skills, and take into account the interests, needs and abilities of
				  the child. The submittal shall include the following:
(1) The commencement date and ending date of
				  the program;
(2) The number of
				  hours per week the child will spend in instruction which shall average
				  approximately three hours per school day;
(3) The subject areas to be covered in the
				  planned curriculum:
(A) An elementary school
				  curriculum may include the areas of language arts, mathematics, social studies,
				  science, art, music, health and physical education to be offered at the
				  appropriate development stage of the child.
(B) A secondary school curriculum may include
				  the subject areas of social studies, English, mathematics, science, health,
				  physical education and guidance.
(4) The method used to determine mastery of
				  materials and subjects in the curriculum; and
(5) A list of textbooks or other
				  instructional materials which will be used. The list shall be in standard
				  bibliographical format. For books, the author, title, publisher and date of
				  publication shall be indicated. For magazines the author, article title,
				  magazine, date, volume number and pages shall be indicated.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-9 - Testing and progress reports of children excepted for alternative educational programs, other than home schooling

Current through June, 2024
(a) Test scores are
				  required for grades identified in the Statewide Testing Program. A child is
				  eligible and required to participate in the Statewide Testing Program at the
				  local public school. Parents shall be responsible for securing necessary
				  details from the principal of the school. The parents may elect to arrange for
				  private testing at their own expense. The tests used shall be comparable to the
				  appropriate criterion or norm-referenced tests used by the department in the
				  grades concerned. The parents shall inform the school principal if private
				  testing will be used for purposes of this chapter.
(b) A narrative progress report and report
				  card from the professional staff or tutor of a child's alternative educational
				  program shall be submitted by the family to the local public school principal
				  at the end of each school year. More frequent progress reports may be requested
				  by the principal.
(c) The narrative
				  report shall include statements of progress in each of the subject areas as
				  well as development in social awareness and understanding of self,
				  understanding of the problems of the society and the culture, and independence
				  in learning. Copies of tests or assignments, if available, shall be attached to
				  the narrative report. Grades for courses shall be submitted. The principal
				  shall judge the adequacy of progress of a child. If progress is not
				  satisfactory, the principal shall meet with the parent to discuss the problems
				  and establish a plan for improvement.
(d) If progress is not satisfactory, the
				  principal may recommend to the district superintendent that the exception be
				  rescinded.
(e) The parent shall
				  notify the principal if the alternative educational program is terminated. The
				  child shall be re-enrolled in the local public school or licensed private
				  school unless satisfactory evidence of a new alternative educational program is
				  presented within five school days after the termination of the former
				  alternative educational program.
(f) At the discretion of the principal of the
				  school, a child may be tested for placement when entering or reentering public
				  school.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-10 - Instructional personnel of alternative educational programs, other than home schooling

Current through June, 2024
(a) Instructional
				  personnel in the alternative educational program shall be qualified to provide
				  appropriate education to the child served.
(b) Professional staff members or tutors, or
				  both, providing instruction shall be persons who have at a minimum earned a
				  bachelor's degree from an accredited college or university. Satisfactory
				  evidence of the qualifications shall be presented to the local school principal
				  at the time Form 4140 is submitted. This evidence shall include the following:
(1) Names, addresses, and telephone numbers
				  of instructional personnel;
(2)
				  Place of employment, other than the alternative educational program, if any;
				  and
(3) Official transcripts
				  verifying educational background.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 12 - COMPULSORY ATTENDANCE EXCEPTIONS › Section 8-12-11 - High school diploma, alternative education programs, other than home schooling

Current through June, 2024
(a) A child in an
				  alternative educational program other than home schooling who wants a high
				  school diploma shall comply with the requirements outlined in Department of
				  Education Regulation No. 4540.2, High School Graduation Through the Adult
				  Schools.
(b) The diploma shall be
				  awarded by the community school for adults.