Hawaii Revised Statutes 302a. Education

PART I. GENERAL PROVISIONS
A. Miscellaneous

• 302a-101 Definitions.
  Sections 302A-101 and 302A-102 designated as subpart A by revisor pursuant to §23G-15. §302A-101 Definitions. As used in this chapter, the following terms have...
• 302a-102 Smoking Prohibited.
  Sections 302A-101 and 302A-102 designated as subpart A by revisor pursuant to §23G-15. §302A-102 Smoking prohibited. All public schools within the State, from kindergarten...

B. Board of Education

• 302a-121 Board of Education; Members; Student and Military Representatives.
  Sections 302A-121 to 302A-127 designated as subpart B by revisor pursuant to §23G-15. [§302A-121] Board of education; members; student and military representatives. (a) The...
• 302a-122 Board of Education; Eligibility.
  Sections 302A-121 to 302A-127 designated as subpart B by revisor pursuant to §23G-15. [§302A-122] Board of education; eligibility. Except as otherwise provided by law,...
• 302a-123 Board of Education; Terms.
  Sections 302A-121 to 302A-127 designated as subpart B by revisor pursuant to §23G-15. §302A-123 Board of education; terms. (a) The governor shall set the...
• 302a-124 Board of Education; Organization; Quorum; Meetings.
  Sections 302A-121 to 302A-127 designated as subpart B by revisor pursuant to §23G-15. [§302A-124] Board of education; organization; quorum; meetings. (a) The governor shall...
• 302a-125 Board of Education; Vacancies.
  Sections 302A-121 to 302A-127 designated as subpart B by revisor pursuant to §23G-15. [§302A-125] Board of education; vacancies. (a) The governor shall notify the...
• 302a-126 Board of Education; Qualifications; Administration Priorities.
  Sections 302A-121 to 302A-127 designated as subpart B by revisor pursuant to §23G-15. [§302A-126] Board of education; qualifications; administration priorities. (a) Upon the nomination...
• 302a-127 Board of Education; Senate Advice and Consent.
  Sections 302A-121 to 302A-127 designated as subpart B by revisor pursuant to §23G-15. [§302A-127] Board of education; senate advice and consent. In determining whether...

PART II. PROVISIONS AFFECTING STUDENTS
A. Student Performance Standards

• 302a-201 Statewide Performance Standards.
  The board shall establish statewide performance standards and the means to assess the standards based upon the recommendations in the final report of the...
• 302a-202 Repealed.
  L 2004, c 51, §23.

B. Curriculum and Instruction

• 302a-251 School Year; Student Hours.
  (a) Notwithstanding any other law to the contrary, beginning with the 2011-2013 school years, all public schools, excluding charter schools and multi-track public schools, shall...
• 302a-301 Repealed.
  L 2012, c 133, §31.
• 302a-305 Education Research and Development Revolving Fund.
  (a) There is established, within the department of education, an education research and development revolving fund into which shall be deposited all revenues from...
• 302a-321 Standards-Based Curriculum.
  (a) When developing a standards-based curriculum and implementing it in a school or complex, at the minimum, the curriculum shall: (1) Be specific in...

C. Supplementary Programs

• 302a-401 Dual Credit Program.
  (a) There is created in the department the dual credit program to permit eligible students to enroll in any qualified course offered by the...
• 302a-401.5 Repealed.
  L 2012, c 133, §32.
• 302a-402, 403 Repealed.
  L 1997, c 144, §§4, 5.
• 302a-404 School Meals.
  School meals shall be made available under the school meals program in every school where the students are required to eat meals at school....
• 302a-405 School Cafeterias; Funds; Expenditures.
  (a) The price for school meals shall be set by the department to ensure that moneys received from the sale of the meals shall...
• 302a-406 Transportation of School Children.
  (a) The department may provide suitable transportation to and from school and for educational field trips for all children in grades kindergarten to twelve...
• 302a-407 School Bus Contracts.
  (a) Any school bus contract between the State and the contractor shall include a provision requiring the contractor to equip the contractor's vehicles with the...
• 302a-407.5 School Bus Fare Revolving Fund.
  (a) There is established in the state treasury the school bus fare revolving fund, into which shall be deposited all moneys received from students and...
• 302a-408 After-School and Weekend Programs.
  The department and the appropriate county agencies may establish and regulate programs of after-school and weekend community-school activities for children, including but not limited...
• 302a-409 and 302a-410 Repealed.
  L Sp 2008, c 14, §§3, 4.
• 302a-411 Kindergarten Program; Establishment; Attendance.
  (a) The department shall establish and maintain kindergartens with a program of instruction as a part of the public school system; provided that: (1)...
• 302a-412 Blind or Visually Handicapped Concessionaires.
  (a) Each secondary public school, upon the approval of the principal, may allow on the premises vending machines operated as a concession; provided that the...
• 302a-413 Driver Education.
  (a) The department may establish and administer a motor vehicle driver education and training program to be conducted at each public high school in...
• 302a-414 Courses for Instructors in Driver Education.
  (a) The department shall be responsible for conducting approved courses for instructors in driver education and training. (b) The department shall certify any person...
• 302a-415 Motor Vehicles for Driving Instruction; Purchase and Sale.
  The department may enter into agreements with any dealer or company for the purchase of motor vehicles for driving instruction in the public schools...
• 302a-416 Driver Education Fee.
  The board may assess a fee for each student enrolling in the driver education program. All such fees collected shall be deposited into the...
• 302a-417 Traffic Safety Education.
  (a) The department may establish and administer a traffic safety education program to be conducted at each public school for students from grades kindergarten...
• 302a-418, 419 Repealed.
  L 1997, c 144, §§6, 7.
• 302a-420 Profits to Pupils.
  All net profits arising from agricultural and industrial pursuits under sections 302A-420 to 302A-431 at any school, under the rules of the department: (1)...
• 302a-421 to 423 Repealed.
  L 1997, c 144, §§8 to 10.
• 302a-424 Regulation of Other Schools and Classes.
  The department, at its discretion, may regulate schools, classes, or courses excepted from the definition of "private trade, vocational, or technical school". [L 1996,...
• 302a-425 License Required for Private Trade, Vocational, or Technical School.
  No private trade, vocational, or technical school shall be operated by any person or persons, firm, or any other private organization or corporation for...
• 302a-426 Suspension and Revocation of License; Procedure.
  (a) The department, after notice and opportunity for a hearing, may suspend or revoke a license at any time when, in the judgment of...
• 302a-427 Powers of Department.
  No license shall be issued under sections 302A-424 to 302A-428 until the department has approved the method and content of the advertising, the standards...
• 302a-428 Penalty.
  Any person, firm, or corporation that violates sections 302A-424 to 302A-428 shall be guilty of a misdemeanor, but shall be subject to a maximum...
• 302a-429 Repealed.
  L 2012, c 133, §33.
• 302a-430 Coverage for Workers' Compensation.
  Whenever a student participating in a school-approved work-based learning program sponsored by the department of education or the University of Hawaii undertakes to perform...
• 302a-431 Rules; Reporting.
  (a) The board and the board of regents of the University of Hawaii may adopt necessary rules under chapter 91 to administer and implement...
• 302a-431.5 to 302a-431.8 Repealed.
  L 2012, c 133, §§34 to 37.
• 302a-431.9 Veterans High School Diploma for Armed Services Veterans and Others.
  (a) The department shall establish a program to award a veterans high school diploma to qualified veterans who did not receive a high school diploma...
• 302a-432 Adult and Community Education Authorized.
  To provide increased opportunity for the people of Hawaii, the department shall establish and regulate a program of adult and community education of less than...
• 302a-433 Scope of Adult and Community Education Programs Offered.
  As rapidly as resources are available and interest is developed, instructional programs shall be initiated in the following fields: (1) Basic elementary education. A...
• 302a-434 Advisory Council for Adult and Community Education.
  The board shall appoint an advisory council for adult and community education composed of fifteen or more representatives of industry, labor, civic organizations, and...
• 302a-435 Financing Adult and Community Education Program.
  The financial support for this program shall be in part from fees collected from students enrolled, and in part from public funds appropriated for this...
• 302a-436 Departmental Duty Toward Exceptional Children.
  (a) It is hereby declared to be of vital concern to the State that all exceptional children residing in the State be provided with...
• 302a-437 Repealed.
  L 1997, c 144, §11.
• 302a-438 Facilities, Service, When Required.
  Where one or more exceptional children are found in any one complex area superintendent's district, the superintendent of education shall provide instruction, special facilities,...
• 302a-439 Eligibility Standards.
  The eligibility of exceptional children for instruction, special facilities, and special services shall be determined in accordance with those standards established by the department....
• 302a-440 Coverage for Workers' Compensation of an Exceptional Child.
  Whenever an exceptional child as defined in section 302A-101 undertakes to perform work for a private employer as part of a school-approved work-based learning...
• 302a-441 Studies, Surveys, Rules.
  The department shall establish and make such studies, surveys, evaluations, and rules as are necessary to carry out the purposes of sections 302A-436 to...
• 302a-442 Occupational Therapy Services, Physical Therapy Services, School Health Services, Mental Health Services, Psychological Services, and Medical Services for Diagnostic or Evaluative Purposes.
  (a) The department of health, within the funds available, shall be responsible for the related services of school health, mental health, psychological, and medical...
• 302a-442.5 Instructional Materials; Exceptional Children.
  (a) Whenever used in this section, unless a different meaning clearly appears from the context: "Braille" means the system of reading and writing through...
• 302a-443 Administrative Hearing Procedures and Subpoena Power Relating to the Education of Children With a Disability
  . (a) An impartial hearing may be requested by any parent or guardian of a child with a disability, or by the department, on any...
• 302a-443.5 Education of Students With Disabilities; Private Residential Facilities; Special Education Schools or Programs; Accreditation.
  (a) As used in this section: "Accredited private special education school or program" means a private day school, private day program, or any preschool...
• 302a-444 to 302a-446 Repealed.
  L 2012, c 133, §§39 to 41.
• 302a-447 State Student Council.
  (a) There is established within the department for administrative purposes the state student council, which shall consist of representation from each departmental school district....

D. Gender Equity in Sports

• 302a-461 Gender Equity in Athletics.
  (a) No person, on the basis of sex, shall be excluded from participating in, be denied the benefits of, or be subjected to discrimination...
• 302a-462 Repealed.
  L 2012, c 133, §42.
• 302a-464 to 302a-467 Repealed.
  L 2012, c 133, §§43 to 46.

E. School-to-Work--REPEALED

• 302a-471 to 475 Repealed.
  L 2005, c 19, §2.

F. Full Participation in School Act

• 302a-481 Definitions.
  As used in this subpart, unless the context otherwise requires: "Caregiver" means any person who is at least eighteen years of age and: (1)...
• 302a-482 Affidavit for Caregiver Consent.
  (a) Notwithstanding any other law to the contrary, a caregiver may consent on behalf of a minor to enrollment in school and to full...
• 302a-483 Penalties.
  Any caregiver who makes a false statement in the affidavit for caregiver consent required under section 302A-482, shall be subject to the penalties under...
• 302a-484 Transfer by the Department of Education.
  The department of education may transfer a minor to the minor's home school if the minor has been enrolled in a school based on an...

G. Adult Special Education Transfer of Rights
for Students with Disabilities Upon Reaching
the Age of Majority

• 302a-491 Power of Attorney for Special Education.
  Enacted as a new part, §§302A-491 to 302A-498 were codified as subpart G of part II pursuant to §23G-15. [§302A-491] Power of attorney for...
• 302a-492 Revocation of the Power of Attorney for Special Education.
  Enacted as a new part, §§302A-491 to 302A-498 were codified as subpart G of part II pursuant to §23G-15. [§302A-492] Revocation of the power...
• 302a-493 Appointment of an Educational Representative; Conditions.
  Enacted as a new part, §§302A-491 to 302A-498 were codified as subpart G of part II pursuant to §23G-15. [§302A-493] Appointment of an educational...
• 302a-494 Reconsideration of the Need for an Educational Representative.
  Enacted as a new part, §§302A-491 to 302A-498 were codified as subpart G of part II pursuant to §23G-15. [§302A-494] Reconsideration of the need...
• 302a-495 Decisions by Guardian.
  Enacted as a new part, §§302A-491 to 302A-498 were codified as subpart G of part II pursuant to §23G-15. [§302A-495] Decisions by guardian. Absent...
• 302a-496 Duties and Roles of the Agent and Educational Representative.
  Enacted as a new part, §§302A-491 to 302A-498 were codified as subpart G of part II pursuant to §23G-15. [§302A-496] Duties and roles of...
• 302a-497 Educational Information.
  Enacted as a new part, §§302A-491 to 302A-498 were codified as subpart G of part II pursuant to §23G-15. [§302A-497] Educational information. The agent...
• 302a-498 Effect of Copy.
  Enacted as a new part, §§302A-491 to 302A-498 were codified as subpart G of part II pursuant to §23G-15. [§302A-498] Effect of copy. A...

PART III. PROVISIONS AFFECTING SCHOOL PERSONNEL

• 302a-501 Definitions.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...

B. Employment Conditions and Compensation

• 302a-601 Repealed.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-601.3 Repealed.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-601.5 Employees of the Department of Education and Teacher Trainees in Any Public School; Criminal History Record Checks.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-602 Teachers; Licenses and Certificates.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-602.5 Certificates; Revocation.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-603 Teaching Without Certificates or Licenses; Penalty.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-604 Complex Area Superintendents.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-605 Principals and Vice-Principals.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-606 Repealed.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-608 Reemployed Teachers; Rights.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-609 Causes for Discharge or Demotion; Preferred Eligibility List.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-610 Job-Sharing.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-611 Authorized Leaves of Absence; Tenure Status Unaffected.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-612 School Teachers Afflicted With Tuberculosis.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-613 Exchange Teachers and Educational Officers; Terms of Contract.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-614 Sabbatical Leaves Authorized.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-615 Pay While on Sabbatical.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-616 Conditions of Sabbatical Leave of Absence.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-617 Repealed.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-618 Classification, Teachers.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-619 Classification, Educational Officers.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-620 Classification/compensation Appeals Board; Adjustments to Classification/compensation Plan.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-621 Salary; Deputy Superintendent, Assistant Superintendents, Complex Area Superintendents.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-623 Salary Ranges, Educational Officers.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-624 Teachers' Salary Schedule.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-625 Educational Officers' Salary Schedules.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-626 Salary Increases; Annual, Longevity.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-627 Salary Ratings of Entering or Reentering Teachers; Credit for Military Service.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-628 Change in Classification.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-629 Educational Officers; Demotion, Transfers.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-630 [Teachers; Additional Benefits or Credits.]
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-631 Educational Officers With Special Assignments; Principals and Vice-Principals At Special Needs Schools.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-632 Additional Benefits to Certain [School Personnel And] Teachers.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-633 Repealed.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-633.5, 302a-638.5, and 302a Repealed.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-633.6 Allocations for Coaches.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-634, 635 Repealed.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-636 Cafeteria Managers.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-637 Cafeteria Workers.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-638 Evaluation of Teachers and Educational Officers.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-639 Houseparents; Statewide Center for Students With Hearing and Visual Impairments.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...
• 302a-641 Meal Count Assistants, Adult Supervisors, and Classroom Cleaners; Minimum Wage.
  Bargained for random drug testing program for public school teachers with appropriate procedural protections is constitutional and would not violate either the federal or...

C. Staff Development and Incentives

• 302a-701 Incentive Packages for Quality Teachers, Principals, and Vice-Principals.
  Teachers, principals, and vice-principals in the public school system may accept incentive packages provided by local communities for the purpose of retaining those teachers,...
• 302a-702 Candidates for Certification.
  (a) There is created in the department, a national board certification support program to provide assistance to any teacher in a public school who...
• 302a-703 Educational Officers, Salary Incentives.
  (a) The salary ranges for principal and vice-principal positions shall be determined by the board, based on the position classification/compensation plan approved by the...
• 302a-704 Tuition Assistance for Exemplary Teachers to Attend the University of Hawaii.
  (a) The superintendent, subject to the availability of funds, may award tuition assistance to exemplary teachers who want to become vice-principals in Hawaii's public...
• 302a-705 Repealed.
  L 2012, c 133, §52.
• 302a-706 Teacher National Board Certification Incentive Program.
  (a) There is established within the department the teacher national board certification incentive program to recognize and support exemplary teaching practice by supporting public school...
• 302a-707 Felix Stipend Program Special Fund.
  (a) There is established the Felix stipend program special fund, into which shall be deposited all moneys received as repayment from students due to...
• 302a-708 Career Development Opportunities.]
  The department of education shall provide career pathways development and training opportunities to all school health aides in the school health services field and...

D. Hawaii Teacher Standards Board

• 302a-801 Hawaii Teacher Standards Board Established.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. §302A-801 Hawaii teacher standards...
• 302a-802 Licensing Standards; Policies.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. §302A-802 Licensing standards; policies....
• 302a-803 Powers and Duties of the Board.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. §302A-803 Powers and duties...
• 302a-804 Powers and Duties of the Department, Commission, and Charter Schools.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. §302A-804 Powers and duties...
• 302a-805 Teachers; License Required; Renewals.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. §302A-805 Teachers; license required;...
• 302a-805.5 Approval of Teacher Education Programs; Professional Development of Teachers.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. [§302A-805.5] Approval of teacher...
• 302a-805.6 Efforts Related to Teacher Quality.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. [§302A-805.6] Efforts related to...
• 302a-806 Hawaii Teacher Standards Board Special Fund.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. §302A-806 Hawaii teacher standards...
• 302a-807 Refusal, Suspension, Revocation, and Reinstatement of Licenses.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. §302A-807 Refusal, suspension, revocation,...
• 302a-808 Penalty.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. §302A-808 Penalty. Any person...
• 302a-809 Repealed.
  Subpart heading reenacted by L 2001, c 312, pt of §10. Professional development schools grant program. L 2001, c 313. §302A-809 REPEALED. L 2001,...

E. Teachers' Housing

• 302a-831 Repealed.
  L 2012, c 133, §53.
• 302a-832 Teachers' Housing Program; Administration.
  (a) The department shall administer the teachers' housing program under this subpart. The department shall: (1) Administer the teachers' housing revolving fund under section...
• 302a-833 Teachers' Housing Revolving Fund.
  (a) There is established in the state treasury a revolving fund to be known as the teachers' housing revolving fund to be administered by...
• 302a-834 Annual Statements.
  The department of education shall annually prepare for the director of human services and the director of finance a full, detailed description and financial statement...
• 302a-835 Annual Review; Disposal of Units.
  The department of education shall annually review the status of and necessity for subsidized teachers' housing throughout the State and, upon determination that any...

F. School Health Services Program

• 302a-851 Purpose; Establishment of Program.
  Sections 302A-851 to 855, enacted as a new part, are redesignated as a subpart pursuant to §23G-15. Cross References Career development opportunities, see §302A-708....
• 302a-852 Teenage Health Program.
  Sections 302A-851 to 855, enacted as a new part, are redesignated as a subpart pursuant to §23G-15. Cross References Career development opportunities, see §302A-708....
• 302a-853 Administration of Medication.
  Sections 302A-851 to 855, enacted as a new part, are redesignated as a subpart pursuant to §23G-15. Cross References Career development opportunities, see §302A-708....
• 302a-854 School Health Aides; Compensation.
  Sections 302A-851 to 855, enacted as a new part, are redesignated as a subpart pursuant to §23G-15. Cross References Career development opportunities, see §302A-708....
• 302a-855 Repealed.
  Sections 302A-851 to 855, enacted as a new part, are redesignated as a subpart pursuant to §23G-15. Cross References Career development opportunities, see §302A-708....

PART IV. PROVISIONS AFFECTING SYSTEM STRUCTURE
A. Specific Definitions

• 302a-901 Specific Definitions.
  For the purposes of sections 302A-1154 to 302A-1163, "school" means any day care center, child care facility, headstart program, preschool, kindergarten, elementary, or secondary...

B. Accountability

• 302a-1001 Student Bias.
  No person in the State, on the basis of sex, shall be excluded from participation in, be denied the benefits of, or be subjected...
• 302a-1002 Reporting of Crime-Related Incidents.
  The board shall adopt rules pursuant to chapter 91 to: (1) Require a report to appropriate authorities from a teacher, official, or other employee...
• 302a-1003 Indemnity Upon Reporting.
  The State shall indemnify and hold harmless anyone participating in good faith in making a report pursuant to section 302A-1002 from any civil liability...
• 302a-1004 Educational Accountability System; Annual Reports.
  (a) The department shall implement a comprehensive system of educational accountability to motivate and support the improved performance of students and the education system....
• 302a-1005 Reconstituting Schools.
  (a) Notwithstanding collective bargaining agreements, memorandums of agreement, or memorandums of understanding, the superintendent may reconstitute a public school, except a charter school, that...

C. Organization

• 302a-1101 Department of Education; Board of Education; Superintendent of Education.
  (a) There shall be a principal executive department to be known as the department of education, which shall be headed by a policy-making board...
• 302a-1102 Department of Education; Statewide Administrative Services.
  The department shall serve as the central support system responsible for the overall administration of statewide educational policy, interpretation, and development of standards for...
• 302a-1103 Principal; Authority and Responsibility.
  The role of the principal shall include but not be limited to overseeing the day-to-day management of the school, the primary function of which...
• 302a-1104 Repealed.
  L 2012, c 133, §54.
• 302a-1105 and 302a-1106 Repealed.
  L 2011, c 5, §§18, 19.
• 302a-1106.5 Board of Education; Community Meetings.
  The board shall hold not less than one community meeting annually in each county in addition to their regular meetings to discuss and receive...
• 302a-1107 to 1109 Repealed.
  L 1996, c 160, §§1 to 3.
• 302a-1110 Educational Districts Not Applicable.
  The educational districts established by section 4-1 shall not be applicable to, nor alter, the school districts established for administrative purposes by the department....
• 302a-1111 Duties of Superintendent.
  (a) Under policies established by the board, the superintendent shall be designated as the chief executive officer of the public school system having jurisdiction...
• 302a-1112 Rules.
  Subject to chapter 91, the board may adopt rules for the government of all teachers, educational officers, other personnel, and pupils, and for carrying...
• 302a-1113 Seal.
  The department shall adopt a seal, the impression of which shall be necessary to authenticate all of its appointments, commissions, final acts of the...
• 302a-1114 Power of Appointment, Removal.
  The department, from time to time, may appoint and remove such teachers, educational officers, and other personnel as may be necessary for carrying out...
• 302a-1115 Repealed.
  L 2007, c 41, §2.
• 302a-1116 Authority to Create Temporary Positions.
  The department may create temporary positions as it deems necessary; provided that: (1) The department's expenditures shall not exceed its allocated budget; (2) The...
• 302a-1117 Records, Evidence.
  The department shall cause all its proceedings, doings, and acts to be recorded, and these records, from time to time, shall be filed in...
• 302a-1118 Publications by Department.
  The department may prepare or cause to be prepared, printed, and published, such reports, pamphlets, duplicate certificates, outlines of courses, etc., as in the...
• 302a-1119 Repealed.
  L 1997, c 144, §14.
• 302a-1120 Public Library System; Board Control.
  The board, through the state librarian, shall have direct control of the public library system, but not including school libraries. The board may adopt...
• 302a-1121 Repealed.
  L 1997, c 144, §15.
• 302a-1122 Gifts.
  The board may receive and manage moneys or other property, real, personal, or mixed, that may be given, bequeathed, devised, or in any manner...
• 302a-1123, 1123.5, 1123.6 Repealed.
  L 1999, c 62, §§6 to 8.
• 302a-1124 Mandate to Initiate School Community Councils.
  (a) The department, through the board and its superintendent, shall establish a school community council system under which each public school, excluding charter schools,...
• 302a-1125 Educational Objectives.
  The board shall formulate policy and exercise control as may be necessary to define a common set of educational goals that the schools shall...
• 302a-1126 Waiver of Policy, Rule, or Procedures.
  Any state agency that may be required to act under state law on a matter affecting an individual school or its school community, shall...
• 302a-1127 Repealed.
  L 2012, c 133, §55.
• 302a-1128 Department Powers and Duties.
  The department shall have entire charge and control and be responsible for the conduct of all affairs pertaining to public instruction in the public...
• 302a-1129 Schools; Opening and Closing.
  The board may open new schools or close existing schools. [L 1996, c 89, pt of §2]
• 302a-1130 Public Schools Special Fees and Charges.
  (a) The department may assess and collect special fees and charges from students for co-curricular activities. (b) Special fees and charges collected from students...
• 302a-1130.5 Repealed.
  L 2012, c 133, §56.
• 302a-1130.6 Textbook and Instructional Materials Fee Special Account.
  There is established within the department a textbook and instructional materials fee special account, into which shall be deposited all fees and charges collected...
• 302a-1131 Repealed.
  L 2004, c 219, §3.
• 302a-1132 Attendance Compulsory; Exceptions.
  (a) Unless excluded from school or excepted from attendance, all children who will have arrived at the age of at least five years on or...
• 302a-1133 Emergency Measures.
  The department of health may implement emergency measures to refuse, modify, or limit attendance at any school in the State pursuant to section 321-1...
• 302a-1133.5 Parent and Guardian Accountability for Compliance With Student Code of Conduct.
  (a) The department shall inform all parents and guardians of the student code of conduct and of their responsibilities with respect to ensuring that...
• 302a-1134 Exclusion From School.
  (a) If for any reason a child becomes a detriment to the morals or discipline of any school, the child may be precluded from...
• 302a-1134.5 Repealed.
  L 2000, c 274, §3.
• 302a-1134.6 Zero Tolerance Policy
  . (a) Any child who possesses, sells, or uses a dangerous weapon or switchblade knife, while attending school or while attending department-supervised activities held on...
• 302a-1135 Penalty.
  If any child of school age persists in absenting oneself from school, the family court judge, upon a proper petition, citation, or complaint being...
• 302a-1136 Enforcement.
  The department shall be charged with the enforcement of sections 302A-1132 to 302A-1135. Nothing in this section shall relieve any chief of police or...
• 302a-1137 Attendance Records; Availability to Authorized Police Officers.
  Dates of attendance of a student shall be made available to authorized police officers upon request. [L 1996, c 89, pt of §2]
• 302a-1138 Permit to Leave Grounds.
  All principals in the public schools, upon the written request of the parent, guardian, or other person having the care and control of any...
• 302a-1139 Religious Education.
  (a) The department shall provide for the release of, and shall release, any pupil in any public school from attendance at the public school...
• 302a-1140 Religious Holy Days.
  The board shall release any public school student from school attendance for the purpose of observing religious holy days that fall on regularly scheduled...
• 302a-1141 Punishment of Pupils Limited.
  [Section effective until July 31, 2016. For section effective August 1, 2016, see below.] No physical punishment of any kind may be inflicted upon...
• 302a-1141.3 Use of Seclusion, Chemical Restraint, or Mechanical Restraint Prohibited.
  [Section effective August 1, 2016.] The use of seclusion, chemical restraint, or mechanical restraint shall be prohibited in public schools regardless of any consent...
• 302a-1141.4 Use of Physical Restraint Limited; Notification; Policies and Procedures; Training; Review.
  [Section effective August 1, 2016.] (a) The use of physical restraint shall be prohibited in public schools unless a student's behavior poses an imminent...
• 302a-1142 Repealed.
  L 2012, c 133, §57.
• 302a-1143 Attending School in What Service Area.
  A person of school age shall be required to attend the school of the service area, as determined by the department, in which the...
• 302a-1144 Repealed.
  L 2012, c 133, §58.
• 302a-1145 Transfer to Another School.
  No school shall receive any child under eighteen years of age, who has attended another school of the same class in the same complex...
• 302a-1146 Repealed.
  L 2012, c 133, §59.
• 302a-1147 Use of School Grounds by County Recreation Departments.
  The board, upon request by a county, shall make school grounds available after school hours in the county where the request is made, for...
• 302a-1148 Use of School Facilities and Grounds.
  (a) All public school buildings, facilities, and grounds shall be available for general recreational purposes, and for public and community use, whenever these activities...
• 302a-1148.5 Use of School Grounds; Assumption of Risk.
  Any person who enters school grounds for the purpose of using the school's grounds, facilities, or equipment for recreational purposes, and who is not...
• 302a-1149 Use of School Facilities for After-School Child Care.
  The department may enter into agreements and contracts with individuals, organizations, or agencies for the use of public school buildings, facilities, and grounds for...
• 302a-1149.5 After-School Plus Program Revolving Fund.
  (a) There is established in the state treasury the after-school plus program, hereinafter A+, revolving fund to be administered by the department. (b) The A+...
• 302a-1150 Repealed.
  L 2012, c 133, §60.
• 302a-1151 Sale of School Lands Unnecessary for School Purposes.
  The chairperson of the board of land and natural resources is hereby requested, upon the recommendation and approval of the superintendent, to sell any...
• 302a-1151.1 Pilot Program for Lease of Public School Land.
  (a) There shall be established within the department a pilot program for the lease of public school land, including facilities. The department, in consultation...
• 302a-1151.2 School Facilities Subaccount.
  (a) All proceeds from the leases, permits, interest income generated from public school lands, and other revenue generated from the nonpermanent disposition of public...
• 302a-1151.5 Use of Vacant Public School Facilities.
  (a) When the department considers whether to close any particular public school, it shall simultaneously give reasonable consideration to making all or portions of...
• 302a-1151.6 Parking; Control by Department.
  (a) The department may adopt rules in accordance with chapter 91 to govern the traffic and parking conditions on roadways and other areas under...
• 302a-1152 Unauthorized Vehicles on School or Public Library Grounds.
  Any unauthorized vehicle parked on school or public library grounds may be towed away at the owner's expense, or the owner or driver of...
• 302a-1153 Vandalism Damage to Public School Property.
  (a) Any pupil found to be responsible for an act of vandalism against any public school, building, facility, or ground shall make restitution in...
• 302a-1154 Immunization Upon Attending School; Tuberculosis Clearance.
  (a) No child shall attend any school in the State unless the child presents to the appropriate school official documentation satisfactory to the department...
• 302a-1155 Provisional Attendance At School.
  (a) A child may attend school provisionally upon submitting written documentation from a licensed physician, physician assistant, advanced practice registered nurse, or an authorized...
• 302a-1156 Exemptions.
  A child may be exempted from the required immunizations: (1) If a licensed physician, physician assistant, or advanced practice registered nurse certifies that the...
• 302a-1157 Exemptions From Immunization; Not Recognized; Epidemic Conditions.
  If at any time there is, in the opinion of the department of health, danger of an epidemic from any of the communicable diseases...
• 302a-1158 Immunization of Indigent Children.
  The department of health shall provide all immunizations and tuberculin tests to comply with sections 302A-1154 to 302A-1163, as far as public funds will...
• 302a-1159 Physical Examination Required.
  No child shall attend any school for the first time in the State unless the child presents to the appropriate school official a report...
• 302a-1160 Student's Health Record.
  The department of education shall provide student health record forms for immunization and physical examination to the schools, private physicians, advanced practice registered nurses,...
• 302a-1161 Notification for Noncompliance.
  If a child does not complete the immunizations required under section 302A-1154 or the physical examination required under section 302A-1159 within the period provided...
• 302a-1162 Rules.
  (a) The department of health shall adopt rules under chapter 91 relating to immunization, physical examination, and tuberculin testing under sections 302A-1154 to 302A-1163....
• 302a-1163 Enforcement.
  The department of health shall administer and enforce the immunization and tuberculin test requirements under sections 302A-1154 to 302A-1163. [L 1996, c 89, pt...
• 302a-1164 Self-Administration of Medication by Student and Emergency Administration; Self-Testing and Self-Management of Diabetes by Student; Assistance With Diabetes Testing; Permitted.
  (a) The department shall permit: (1) The self-administration of medication by a student for asthma, anaphylaxis, diabetes, or other potentially life-threatening illnesses; and (2) Department...

D. New Century Charter Schools--Repealed

• 302a-1181 to 1192 Repealed.
  L 2006, c 298, §3. Note L 2006, c 38, §6 purports to amend §302A-1186.

PART V. PROVISIONS AFFECTING FINANCIAL STRUCTURE
A. Specific Definitions--Repealed

• 302a-1201 Repealed.
  L 2012, c 133, §61.

B. Budget

• 302a-1301 School System Financial Accountability.
  (a) Beginning with the 1995-1997 fiscal biennium, the department's administrative expenditures shall not exceed 6.5 per cent of the total department operating budget, excluding...
• 302a-1302 and 302a-1303 Repealed.
  L 2012, c 133, §§62, 63. Note L 2012, c 130, §11 purports to amend §302A-1302.
• 302a-1303.5 Committee on Weights.
  (a) There is established within the department of education the committee on weights to develop a weighted student formula pursuant to section 302A-1303.6. The...
• 302a-1303.6 Weighted Student Formula.
  Based upon recommendations from the committee on weights, the board of education may adopt a weighted student formula for the allocation of moneys to...
• 302a-1304 Repealed.
  L 2002, c 158, §1.
• 302a-1305 Inactive Student Activity Accounts.
  Student activity funds that are left in the school for a period of five years after the graduation of the class shall be deposited...
• 302a-1306 Repealed.
  L 2004, c 51, §27.
• 302a-1307 Repealed.
  L 2004, c 51, §28.
• 302a-1308 Repealed.
  L 2012, c 133, §64.
• 302a-1309 Repealed.
  L 2004, c 51, §29.
• 302a-1310 Out-Of-school Time Instructional Programs; Funds, Expenditures.
  All moneys received by and for the public out-of-school time instructional programs from tuition and other fees or from any other source shall be...
• 302a-1311 Appropriations for Trust Funds of the Department of Education.
  Notwithstanding any other law to the contrary, in any fiscal year, if the amount of revenues deposited into a trust fund of the department...
• 302a-1312 Six-Year Program and Financial Plan for School Repair and Maintenance.
  (a) The department of education shall prepare a six-year program and financial plan for school repair and maintenance that shall be: (1) Based on:...
• 302a-1313 Repealed.
  L 2012, c 133, §65.
• 302a-1314 Hawaii 3ts School Technology Laboratories Fund.
  (a) There is established the Hawaii 3Ts school technology laboratories fund (hereinafter, "fund") as a separate fund of the Economic Development Alliance of Hawaii Inc.,...
• 302a-1315 Repealed.
  L 2015, c 147, §5.

C. Federal Funding

• 302a-1401 Administration and Use of Federal Funds.
  The board, designated as the administrators of such funds as may be allotted to the State under federal legislation for public educational purposes, subject...
• 302a-1402 Custodian of Federal Funds.
  The director of finance is designated as custodian of all funds received as the state apportionment under any federal appropriations for public educational purposes...
• 302a-1403 Authority to Secure Federal Funds.
  The department, the state public charter school commission, a charter school authorizer, director of finance, and governor may take such steps and perform such...
• 302a-1404 Federal Impact Aid Military Liaison.
  (a) The department and the state public charter school commission or an authorizer, as appropriate, may retain and expend federal indirect overhead reimbursements for...
• 302a-1405 Federal Grants Revolving Fund.
  (a) There is established a federal grants revolving fund into which shall be deposited the department's share of federal indirect overhead reimbursements, pursuant to...
• 302a-1406 Department of Education Federal Revenue Maximization Program Revolving Fund; Established.
  (a) There is established in the state treasury the department of education federal revenue maximization program revolving fund to be administered by the department....

PART VI. PROVISIONS AFFECTING FACILITIES
A. Facilities and Equipment

• 302a-1501, 302a-1501.5, and 302a Repealed.
  L 2012, c 133, §§66 to 68.
• 302a-1502.4 Hawaii 3r's School Improvement Fund.
  (a) There is established the Hawaii 3R's school improvement fund (hereinafter, "fund") as a separate restricted fund of Hawaii 3R's, a Hawaii nonprofit organization....
• 302a-1502.5 Repealed.
  L 2005, c 22, §44. Cross References Hawaii 3R's school repair and maintenance fund, see §302A-1502.4.
• 302a-1502.6 Repealed.
  L 2012, c 133, §69.
• 302a-1503 Donated School Equipment and Fixtures; Repair and Maintenance Responsibility.
  (a) The department may accept donations of school equipment or fixtures on behalf of the department, individual schools, or school complexes. Donations that meet current...
• 302a-1504 Repealed.
  L 2010, c 31, §3.
• 302a-1504.5 School-Level Minor Repairs and Maintenance Special Fund[;] Reporting of Carry Over Funds.
  (a) There is established within the state treasury a special fund to be known as the school-level minor repairs and maintenance special fund, into which...
• 302a-1505 and 302a-1506.5 Repealed.
  L 2012, c 133, §§70, 71.
• 302a-1506 Public School Facilities.
  The department may enter into such contracts, leases, lease-purchase agreements, or other transactions as may be necessary for the acquisition of public school facilities,...
• 302a-1507 Classroom Cleaning Project; Established.
  (a) There is established a classroom cleaning project in all public schools, excluding charter schools. Each school, through its school community council, may develop mechanisms...
• 302a-1508 Education Design and Construction Project Assessment Fund.
  (a) There shall be established in the department a revolving fund to be known as the education design and construction project assessment fund for...
• 302a-1509 Environmentally-Sensitive Cleaning and Maintenance Products for Use in Public Schools.
  The department of education shall require that all public school facilities give first preference, where feasible, to the purchase and use of environmentally-sensitive cleaning...

B. School Impact Fees

• 302a-1601 Findings.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1602 Definitions.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1603 Applicability and Exemptions.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1604 Designation of School Impact Districts.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1605 Impact Fee Analysis.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1606 Land Component Impact Fee; Determining the Amount of Land or Fee in Lieu.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1607 Construction Cost Component Impact Fee; Determining the Amount of the Fee.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1608 Accounting and Expenditure Requirements.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1609 Refunds of Fees.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1610 Credits for Land Dedication.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1611 Credits for Excess Contributions or Advance Payment of Required Construction Cost Component Impact Fees.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...
• 302a-1612 Use of Data Reflecting Recent Conditions in Impact Fee Calculations.
  Subpart heading amended by L 2010, c 188, §3. Implementation procedures; annual reports to legislature. L 2007, c 245, §§4, 6. Revision Note Sections...

Part VII. secondary school students conference

• 302a-1801 Purpose.
  The purpose of this part is to provide for the establishment of an annual conference of secondary school students, which will enable students in...
• 302a-1802 Student Conference Committee.
  There is created a student conference committee composed of sixteen secondary school students. There shall be two students from each of the seven local...
• 302a-1803 Duties of the Student Conference Committee.
  It shall be the duty of the student conference committee, under the guidance of the student conference advisory committee, to: (1) Plan and coordinate...
• 302a-1804 Student Conference Advisory Committee.
  There is created a student conference advisory committee to assist and advise the student conference committee in planning, coordinating, and evaluating the annual conference...
• 302a-1805 Annual Conference.
  The annual conference of secondary school students shall be held once each school year, subject to program and funding limitations. [L 2013, c 156,...

Last modified: October 27, 2016