2019 Hawaii Revised Statutes
TITLE 18. EDUCATION
302A. Education
A. Miscellaneous B. Board of Education
- 302A-121 Board of education; members; student and military representatives.
- 302A-122 Board of education; eligibility.
- 302A-123 Board of education; terms.
- 302A-124 Board of education; organization; quorum; meetings.
- 302A-125 Board of education; vacancies.
- 302A-126 Board of education; qualifications; administration priorities.
- 302A-127 Board of education; senate advice and consent.
- 302A-251 School year; student hours.
- 302A-301 REPEALED.
- 302A-305 REPEALED.
- 302A-321 Standards-based curriculum.
- 302A-322 American Sign Language.
- 302A-323 Computer science; curricula plan; public schools.
- 302A-401 Dual credit program.
- 302A-401.5 REPEALED.
- 302A-402, 403 REPEALED.
- 302A-404 School meals.
- 302A-405 School cafeterias; funds; expenditures.
- 302A-406 Transportation of school children.
- 302A-407 School bus contracts.
- 302A-407.5 School bus fare revolving fund.
- 302A-408 After-school and weekend programs.
- 302A-409 and 302A-410 REPEALED.
- 302A-411 Kindergarten program; establishment; attendance.
- 302A-412 Blind or visually handicapped concessionaires.
- 302A-413 Driver education.
- 302A-414 Courses for instructors in driver education.
- 302A-415 Motor vehicles for driving instruction; purchase and sale.
- 302A-416 Driver education fee.
- 302A-417 Traffic safety education.
- 302A-418, 419 REPEALED.
- 302A-420 Profits to pupils.
- 302A-421 to 423 REPEALED.
- 302A-424 REPEALED.
- 302A-425 Licensure of private trade, vocational, or technical school.
- 302A-425.5 Private trade, vocational, and technical school licensure special fund.
- 302A-426 Suspension and revocation of license; procedure.
- 302A-427 and 302A-428 REPEALED.
- 302A-429 REPEALED.
- 302A-430 Coverage for workers' compensation.
- 302A-431 Rules; reporting.
- 302A-431.5 to 302A-431.8 REPEALED.
- 302A-431.9 Veterans high school diploma for armed services veterans and others.
- 302A-432 Adult and community education authorized.
- 302A-433 Scope of adult and community education programs offered.
- 302A-434 Advisory council for adult and community education.
- 302A-435 Financing adult and community education program.
- 302A-436 Departmental duty toward exceptional children.
- 302A-437 REPEALED.
- 302A-438 Facilities, service, when required.
- 302A-439 Eligibility standards.
- 302A-440 Coverage for workers' compensation of an exceptional child.
- 302A-441 Studies, surveys, rules.
- 302A-442 Occupational therapy services, physical therapy services, school health services, mental health services, psychological services, and medical services for diagnostic or evaluative purposes.
- 302A-442.5 Instructional materials; exceptional children.
- 302A-443 Administrative hearing procedures and subpoena power relating to the education of children with a disability
- 302A-443.5 Education of students with disabilities; private residential facilities; special education schools or programs; accreditation.
- 302A-444 to 302A-446 REPEALED.
- 302A-447 State student council.
- 302A-448 Schools; career pathways, academies, and programs; commercial enterprises.
- 302A-449 Title I-funded prekindergarten.
- 302A-450 Public prekindergarten classrooms; annual report to the legislature.
- 302A-481 Definitions.
- 302A-482 Affidavit for caregiver consent.
- 302A-483 Penalties.
- 302A-484 Transfer by the department of education.
for Students with Disabilities Upon Reaching
the Age of Majority
- 302A-491 Power of attorney for special education.
- 302A-492 Revocation of the power of attorney for special education.
- 302A-493 Appointment of an educational representative; conditions.
- 302A-494 Reconsideration of the need for an educational representative.
- 302A-495 Decisions by guardian.
- 302A-496 Duties and roles of the agent and educational representative.
- 302A-497 Educational information.
- 302A-498 Effect of copy.
- 302A-601 REPEALED.
- 302A-601.3 REPEALED.
- 302A-601.5 Employees of the department of education and teacher trainees in any public school; criminal history record checks.
- 302A-602 Teachers; licenses and certificates.
- 302A-602.5 Certificates; revocation.
- 302A-603 Teaching without certificates or licenses; penalty.
- 302A-604 Complex area superintendents.
- 302A-605 Principals and vice-principals.
- 302A-606 REPEALED.
- 302A-608 Reemployed teachers; rights.
- 302A-609 Causes for discharge or demotion; preferred eligibility list.
- 302A-610 Job-sharing.
- 302A-611 Authorized leaves of absence; tenure status unaffected.
- 302A-612 School teachers afflicted with tuberculosis.
- 302A-613 Exchange teachers and educational officers; terms of contract.
- 302A-614 Sabbatical leaves authorized.
- 302A-615 Pay while on sabbatical.
- 302A-616 Conditions of sabbatical leave of absence.
- 302A-617 REPEALED.
- 302A-618 Classification, teachers.
- 302A-619 Classification, educational officers.
- 302A-620 Classification/compensation appeals board; adjustments to classification/compensation plan.
- 302A-621 Salary; deputy superintendent, assistant superintendents, complex area superintendents.
- 302A-623 Salary ranges, educational officers.
- 302A-624 Teachers' salary schedule.
- 302A-625 Educational officers' salary schedules.
- 302A-626 REPEALED.
- 302A-627 Salary ratings of entering or reentering teachers; credit for military service.
- 302A-628 Change in classification.
- 302A-629 Educational officers; demotion, transfers.
- 302A-630 Teachers; additional benefits or credits.
- 302A-631 Educational officers with special assignments; principals and vice-principals at special needs schools.
- 302A-632 Additional benefits to certain school personnel and teachers.
- 302A-633 REPEALED.
- 302A-633.5, 302A-638.5, and 302A-640 REPEALED.
- 302A-633.6 Allocations for coaches.
- 302A-634, 635 REPEALED.
- 302A-636 Cafeteria managers.
- 302A-637 Cafeteria workers.
- 302A-638 Evaluation of teachers and educational officers.
- 302A-639 Houseparents; statewide center for students with hearing and visual impairments.
- 302A-641 Meal count assistants, adult supervisors, and classroom cleaners; minimum wage.
- 302A-701 Incentive packages for quality teachers, principals, and vice-principals.
- 302A-702 Candidates for certification.
- 302A-703 Educational officers, salary incentives.
- 302A-704 Tuition assistance for exemplary teachers to attend the University of Hawaii.
- 302A-705 REPEALED.
- 302A-706 Teacher national board certification incentive program.
- 302A-707 Felix stipend program special fund.
- 302A-708 Career development opportunities.
- 302A-709 Computer science teacher development programs.
- 302A-801 Hawaii teacher standards board established.
- 302A-802 Licensing standards; policies.
- 302A-803 Powers and duties of the board.
- 302A-804 Powers and duties of the department, commission, and charter schools.
- 302A-805 Teachers; license or permit required; renewals.
- 302A-805.5 Approval of teacher education programs; professional development of teachers.
- 302A-805.6 Efforts related to teacher quality.
- 302A-806 REPEALED.
- 302A-807 Refusal, suspension, revocation, and reinstatement of licenses.
- 302A-808 Penalty.
- 302A-809 REPEALED.
- 302A-831 REPEALED.
- 302A-832 Teachers' housing program; administration.
- 302A-833 Teachers' housing revolving fund.
- 302A-834 Annual statements.
- 302A-835 Annual review; disposal of units.
- 302A-851 Purpose; establishment of program.
- 302A-852 Teenage health program.
- 302A-853 Administration of medication.
- 302A-854 School health aides; compensation.
- 302A-855 REPEALED.
- 302A-856 Youth suicide awareness and prevention protocol.
A. Specific Definitions B. Accountability
- 302A-1001 Student bias.
- 302A-1002 Reporting of crime-related incidents.
- 302A-1003 Indemnity upon reporting.
- 302A-1004 Educational accountability system; annual reports.
- 302A-1005 Reconstituting schools.
- 302A-1101 Department of education; board of education; superintendent of education.
- 302A-1102 Department of education; statewide administrative services.
- 302A-1103 Principal; authority and responsibility. REPEALED.
- 302A-1104 REPEALED.
- 302A-1105 and 302A-1106 REPEALED.
- 302A-1106.5 Board of education; community meetings.
- 302A-1107 to 1109 REPEALED.
- 302A-1110 Educational districts not applicable.
- 302A-1111 Duties of superintendent.
- 302A-1112 Rules.
- 302A-1113 Seal.
- 302A-1114 Power of appointment, removal.
- 302A-1115 REPEALED.
- 302A-1116 Authority to create temporary positions.
- 302A-1117 Records, evidence.
- 302A-1118 Publications by department.
- 302A-1119 REPEALED.
- 302A-1120 Public library system; board control.
- 302A-1121 REPEALED.
- 302A-1122 Gifts.
- 302A-1123, 1123.5, 1123.6 REPEALED.
- 302A-1124 Mandate to initiate school community councils.
- 302A-1125 Educational objectives.
- 302A-1126 Waiver of policy, rule, or procedures.
- 302A-1127 REPEALED.
- 302A-1128 Department powers and duties.
- 302A-1129 Schools; opening and closing.
- 302A-1130 Public schools special fees and charges.
- 302A-1130.5 REPEALED.
- 302A-1130.6 Curricular materials fee special account.
- 302A-1131 REPEALED.
- 302A-1132 Attendance compulsory; exceptions.
- 302A-1133 Emergency measures.
- 302A-1133.5 Parent and guardian accountability for compliance with student code of conduct.
- 302A-1134 Exclusion from school.
- 302A-1134.5 REPEALED.
- 302A-1134.6 Zero tolerance policy
- 302A-1135 Penalty.
- 302A-1136 Enforcement.
- 302A-1137 Attendance records; availability to authorized police officers.
- 302A-1138 Permit to leave grounds.
- 302A-1139 Religious education.
- 302A-1140 Religious holy days.
- 302A-1141 Punishment of pupils limited.
- 302A-1141.3 Use of seclusion, chemical restraint, or mechanical restraint prohibited.
- 302A-1141.4 Use of physical restraint limited; notification; policies and procedures; training; review.
- 302A-1142 REPEALED.
- 302A-1143 Attending school in what service area.
- 302A-1144 REPEALED.
- 302A-1145 Transfer to another school.
- 302A-1146 REPEALED.
- 302A-1147 Use of school grounds by county recreation departments.
- 302A-1148 Use of school facilities and grounds.
- 302A-1148.5 Use of school grounds; assumption of risk.
- 302A-1149 Use of school facilities for after-school child care.
- 302A-1149.5 After-school plus program revolving fund.
- 302A-1150 REPEALED.
- 302A-1151 Sale of school lands unnecessary for school purposes.
- 302A-1151.1 Pilot program for lease of public school land.
- 302A-1151.2 School facilities subaccount.
- 302A-1151.5 Use of vacant public school facilities.
- 302A-1151.6 Parking; control by department.
- 302A-1152 Unauthorized vehicles on school or public library grounds.
- 302A-1153 Vandalism damage to public school property.
- 302A-1154 Immunization upon attending school; tuberculosis clearance.
- 302A-1155 Provisional attendance at school.
- 302A-1156 Exemptions.
- 302A-1157 Exemptions from immunization; not recognized; epidemic conditions.
- 302A-1158 Immunization of indigent children.
- 302A-1159 Physical examination required.
- 302A-1160 Student's health record.
- 302A-1161 Notification for noncompliance.
- 302A-1162 Rules.
- 302A-1163 Enforcement.
- 302A-1164 Self-administration of medication by student and emergency administration; self-testing and self-management of diabetes by student; assistance with diabetes testing; blood glucose monitoring by student; assistance with blood glucose monitoring; permitted.
A. Specific Definitions--Repealed B. Budget
- 302A-1301 School system financial accountability.
- 302A-1301.5 Curricular materials; digital format.
- 302A-1302 and 302A-1303 REPEALED.
- 302A-1303.5 Committee on weights.
- 302A-1303.6 Weighted student formula.
- 302A-1304 REPEALED.
- 302A-1305 Inactive student activity accounts.
- 302A-1306 REPEALED.
- 302A-1307 REPEALED.
- 302A-1308 REPEALED.
- 302A-1309 REPEALED.
- 302A-1310 Out-of-school time instructional programs; funds, expenditures.
- 302A-1311 Appropriations for trust funds of the department of education.
- 302A-1312 Six-year program and financial plan for school repair and maintenance.
- 302A-1313 REPEALED.
- 302A-1314 Hawaii 3Ts school technology laboratories fund.
- 302A-1315 REPEALED.
- 302A-1316 Maintenance of geographically disadvantageous land; expenditure of school funds; prohibited.
- 302A-1401 Administration and use of federal funds.
- 302A-1402 Custodian of federal funds.
- 302A-1403 Authority to secure federal funds.
- 302A-1404 Federal impact aid military liaison.
- 302A-1405 Federal grants revolving fund.
- 302A-1406 Department of education federal revenue maximization program revolving fund; established.
A. Facilities and Equipment
- 302A-1501, 302A-1501.5, and 302A-1502 REPEALED.
- 302A-1502.4 Hawaii 3R's school improvement fund.
- 302A-1502.5 REPEALED.
- 302A-1502.6 REPEALED.
- 302A-1503 Donated school equipment and fixtures; repair and maintenance responsibility.
- 302A-1504 REPEALED.
- 302A-1504.5 School-level minor repairs and maintenance special fund; reporting of carry over funds.
- 302A-1505 REPEALED.
- 302A-1506 Public school facilities.
- 302A-1506.2 Property acquisition, use, and disposition.
- 302A-1506.5 REPEALED.
- 302A-1507 Classroom cleaning project; established.
- 302A-1508 Education design and construction project assessment fund.
- 302A-1509 Environmentally-sensitive cleaning and maintenance products for use in public schools.
- 302A-1510 Sustainable schools initiative.
- 302A-1601 Findings.
- 302A-1602 Definitions.
- 302A-1603 Applicability and exemptions.
- 302A-1604 Designation of school impact districts.
- 302A-1605 Impact fee analysis.
- 302A-1606 Land component impact fee; determining the amount of land or fee in lieu.
- 302A-1607 Construction cost component impact fee; determining the amount of the fee.
- 302A-1608 Accounting and expenditure requirements.
- 302A-1609 Refunds of fees.
- 302A-1610 Credits for land dedication.
- 302A-1611 Credits for excess contributions or advance payment of required construction cost component impact fees.
- 302A-1612 Use of data reflecting recent conditions in impact fee calculations.
Note
Bullying, cyberbullying, and harassment; compliance reports to board. L 2011, c 214.
Comprehensive plan to integrate design thinking and coding in middle, intermediate, and high school curriculums; report to 2019 legislature. L 2018, c 168, 1.
Concussion educational program. L 2012, c 197; L 2016, c 262.
Establishing E academies. L 1999, c 178, 17.
Human resource management model for Waianae complex schools (pilot project). L 2007, c 268.
Implementation plan to seek reimbursement of medicaid billable applied behavior analysis; quarterly reports. L 2018, c 205, 6.
Non-school hour programs for children and youth, annual report by office of youth services. L 2006, c 281.
Pilot program for lease of public school land; reports to legislature until completion of projects. L 2013, c 155, 4.
Professional development schools grant program. L 2001, c 313.
Science and technology plan incorporating EPSCor (experimental program to stimulate competitive research) efforts (reports from 2011 and every 5 years thereafter). L 2009, c 137.
Single school calendar. L 2004, c 51, 49; L 2011, c 24.
Skilled worker and business development center at each community college. L Sp 2009, c 34.
Substance abuse treatment programs in schools with greatest need. L 2006, c 268.
Task force to create a system for evaluating and assessing all children and those who are exhibiting emergent or persistent behaviors, academic challenges, or chronic absenteeism; report to 2020 legislature. L 2019, c 271, 2.
Transfer of property containing schools from city and county of Honolulu. L 2017, c 206, 2; L 2018, c 210, 2.
This chapter, enacted by L 1996, c 89, is based on repealed chapters 296, 296C, 296D, 297, 297D, 298, 299, 300, and 301. As appropriate, amendments made to the repealed chapters by cc 48, 90, 91, 122, 123, 160, 162, 265, and 298 of the 1996 session are incorporated into the corresponding sections of chapter 302A.
Pursuant to 23G-15(1), the revisor has omitted all reserved section numbers and renumbered the remaining sections of this chapter as enacted by L 1996, c 89.
Hawaii broadband task force (repealed July 1, 2009). L Sp 2007, c 2.
Human resource management model for Waianae complex schools (pilot project). L 2007, c 268.
Kauai community college--Hawaii excellence through science and technology academy pilot program (reports through 2010 legislature). L 2007, c 111, 7 to 10.
Interstate compact on educational opportunity for military children, see chapter 311D.
Cross References
Building permit requirements for new developments in school impact districts, see 46-142.5.
Impact fees for public highways, see 364-121 to 127.
Department of education; organization and functions, generally, see 26-12. See also Const. Art. X.
Departmental data sharing (improving educational and workforce outcomes), see 27-7.
Employment of retirants, see 88-9.
Hawaii agriculture workforce advisory board, see 371-19.
Hawaii farm to school program, see 141-11.
Interstate compact on educational opportunity for military children, see chapter 311D.
K-12 agriculture workforce development pipeline initiative, see 371-21.
Medical cannabis patient and caregiver protections, see 329-125.5.
Law Journals and Reviews
Regression by Progression: Unleveling the Classroom Playing Field Through Cosmetic Neurology. 33 UH L. Rev. 193 (2010).
Translation v. Tradition: Fighting for Equal Standardized Testing ma ka `Ōlelo Hawai`i. 36 UH L. Rev. 487 (2014).
"Language Is Never About Language": Eliminating Language Bias in Federal Education Law to Further Indigenous Rights. 37 UH L. Rev. 381 (2015).
Helping Hawaii's Diverse Community of English Language Learners: Does the Hawai`i Department of Education Meet Federal Standards for English Language Learner Programs? 38 UH L. Rev. 35 (2016).
