Powers and duties of the board
HRS §302A-803
in effect302A-803. Powers and duties of the board
(a) In addition to establishing standards for the issuance and renewal of licenses and certificates and any other powers and duties authorized by law, the board's powers shall also include:
(1) Setting and administering its own budget;
(2) Adopting, amending, or repealing the rules of the
board in accordance with chapter 91;
(3) Receiving grants or donations from private
foundations, and state and federal funds;
(4) Submitting an annual report to the governor, the
legislature, and the board of education on the board's operations and
expenditures, and from the 2007-2008 school year, submitting a summary report
every five years of the board's accomplishment of objectives, efforts to
improve or maintain teacher quality, and efforts to keep its operations
responsive and efficient;
(5) Conducting a cyclical review of standards and
suggesting revisions for their improvement;
(6) Establishing licensing and certification fees in
accordance with chapter 91 and determining the manner by which fees are
collected and subsequently deposited into the state treasury and credited to
the general fund;
(7) Establishing penalties in accordance with chapter
91;
(8) Issuing, renewing, forfeiting, restoring,
conditioning, revoking, suspending, and reinstating licenses and certificates;
(9) Developing criteria for a full career and
technical education license, limited to career and technical education teaching
assignments, allowing qualified individuals with at least an associate's degree
or high school diploma with comparable education and coursework, industry
experience, and content expertise to teach;
(10) Reviewing reports from the department and
commission on individuals hired on an emergency basis;
(11) Applying licensing and certification standards on
a case-by-case basis and conducting licensing and certification evaluations;
(12) Preparing and disseminating teacher licensing and
certification information to schools and operational personnel;
(13) Approving teacher preparation programs;
(14) Establishing policies and procedures for
approving alternative pathways to teaching;
(15) Administering reciprocity agreements with other
states relative to licensing;
(16) Conducting research and development on teacher
licensure systems, beginning teacher programs, the assessment of teaching
skills, and other related topics;
(17) Participating in efforts relating to teacher
quality issues, professional development related to the board's standards, and
promotion of high teacher standards and accomplished teaching;
(18) Upon declaration of a state of emergency pursuant
to section 127A-14, extending the expiration date of any license, certificate,
or permit until June 30 of the following school year;
(19) Adopting applicable rules and procedures;
(20) Adopting, amending, repealing, or suspending the
policies and standards of the board; and
(21) Issuing and renewing an optional certificate for
those who teach or intend to teach at private schools.
(b) If, in accordance with chapter 92, the
board determines, on a case-by-case basis, that extenuating circumstances exist
to justify the suspension, the board may temporarily suspend its rules, or any
portion thereof. The board shall establish, in accordance with chapter 91,
procedures for the suspension of its rules. When determining whether to
suspend its rules, the board shall also establish the length of time for which
the suspension shall be in effect.
(c) The board, in accordance with chapter 92,
may also amend licensing-related and certification-related fees and set or
amend other charges related to the performance of its duties.
(d) The board may delegate to its executive
director, or other designee, any of its powers and duties as it deems
reasonable and proper; provided that the delegation of powers and duties by the
board shall be made in accordance with procedures set forth in this
subsection. The board shall not delegate its discretionary functions resulting
in a final decision in:
(1) Adopting, amending, or repealing rules;
(2) Ordering disciplinary action against a licensee,
including license revocation or suspension, or the imposition of conditions or
fines; provided that summary suspensions may be delegated; or
(3) Denying permits, licenses, or certificates,
including license and certificate renewals and reinstatements, or otherwise
conditioning permits, licenses, or certificates unless the denying, or
otherwise conditioning of a permit, license, or certificate does not require
the exercise of the board's expertise and discretion.
To delegate authority, the concurrence of a
majority of the members to which the board is entitled shall be necessary for
any action taken by the board to be valid. The board shall conduct its
meetings to delegate powers and duties to its executive director, or other
designee, in accordance with chapters 91 and 92.
[L 1996, c 89, pt of §2; am L
1997, c 195, §2; am L 2000, c 106, §§1, 4; am L 2001, c 312, pt of §10 and
§§12, 13 and c 314, §3; am L 2002, c 16, §19 and c 193, §4; am L 2003, c 3, §11;
am L 2007, c 263, §§2, 4; am L Sp 2009, c 2, §§3, 5; am L 2010, c 184, §2; am L
2011, c 134, §2; am L 2014, c 39, §5; am L 2019, c 79, §1 and c 161, §1; am L
2020, c 53, §2; am L 2024, c 151, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/HRS_0302A-0803.htmFetched: 11/10/2026