Executive office on early learning public prekindergarten program; public preschools
HRS §302L-7
in effect302L-7. Executive office on early learning public prekindergarten program; public preschools
(a) There is established within the early learning system an early childhood education program to be known as the executive office on early learning public prekindergarten program and to be administered by the office pursuant to rules adopted by the office. The program shall:
(1) Be provided through the executive office on early
learning, which shall partner with the department of education through either a
memorandum of agreement or memorandum of understanding pursuant to the
requirements of this section;
(2) Prepare children for school and active
participation in society through the use of either of the State's two official
languages; and
(3) Provide access to high-quality early learning
that addresses children's physical, cognitive, linguistic, social, and
emotional development.
(b) The office shall implement an application
process for schools that are interested in participating in the program. The
criteria to prioritize applications shall include:
(1) Community need, including:
(A) The percentage of the population in the
school or community that meets the definitions of at-risk and underserved
children pursuant to section 302L-1; and
(B) The availability and capacity of existing
early learning programs or services for three- and four-year-old children on
the school campus and in the surrounding area;
(2) The availability of a classroom and outdoor play
area that meet department of human services requirements for health and safety
for three- and four-year-old children; and
(3) The commitment of the principal to implementing a
high-quality prekindergarten program including through active participation in
professional development sessions offered through the office, and to promoting
continuity and alignment between and across other early learning programs in
the community and other grade levels in the school to ensure the positive
outcomes of children are sustained.
(c) The program shall serve three- and
four-year-old children who are in the two years prior to kindergarten entry
pursuant to section 302A-411, with priority extended to underserved or at-risk
children, as defined in section 302L-1, and follow the academic year schedule
of the department of education and be aligned with the full-day kindergarten
classroom schedule of each school. Enrollment priority shall be given but is
not limited to children who attend prekindergarten at schools to which the
children will be assigned upon entering kindergarten under section 302A-1143.
(d) The program shall include students with
disabilities based on individualized education program placement, recognizing
that the in-classroom ratio of students with disabilities to the general
population shall be based on the inclusion of children with disabilities in
proportion to their presence in the general population; provided that
application of this principle does not anticipate or permit imposing caps or
quotas on the number of children with disabilities in a program or not
individualizing services for children with disabilities under the Individuals
with Disabilities Education Act of 2004 (20 U.S.C. 1400-1409, 1411-1419,
1431-1444, 1450-1482). The department of education shall collaborate with the
office to coordinate services for students with disabilities who are placed in
the classroom offered through the program. Funding for all costs associated
with implementation of the individualized education programs of students shall
be provided through the department of education.
(e) Enrollment in the program shall be
voluntary. A child who is required to attend school pursuant to section
302A-1132, shall not be eligible for enrollment in the program.
(f) The program shall enroll a maximum of
twenty children per classroom.
(g) The program shall incorporate high-quality
standards pursuant to rules adopted by the office. High-quality standards
shall be research-based, developmentally-appropriate practices associated with
better educational outcomes for children, such as:
(1) Positive teacher-child interactions that shall be
evaluated through observations conducted by the office using a tool several
times a year; provided that the observations shall not be used for the purposes
of teacher evaluation;
(2) Use of individual child assessments that are used
for ongoing instructional planning, relating to all areas of childhood
development and learning, including cognitive, linguistic, social, and
emotional approaches to learning and health and physical development;
(3) Family engagement in partnership with the
schools, including conducting outreach for enrollment and engagement of
families in their children's education;
(4) Alignment with the Hawaii early learning and
development standards, which align with department of education standards,
state content and performance standards, and general learner outcomes for
grades kindergarten to twelve, to facilitate a seamless and high-quality
educational experience for children;
(5) A teacher who has coursework in early childhood
education pursuant to Hawaii teacher standards board licensing requirements for
a prekindergarten teacher. For program purposes, a teacher shall satisfy the
Hawaii teacher standards board licensing requirements for a prekindergarten
teacher or be enrolled in a State-approved teacher education program and
working toward satisfying the Hawaii teacher standards board licensing
requirements; and
(6) An educational assistant who has a child
development associate credential or the associated coursework. For program
purposes, an educational assistant shall have a current child development
associate credential, coursework for a certificate that meets the requirements
for child development associate credential preparation, or is enrolled in and
working toward completing a program that prepares the individual to obtain the
credential.
The office shall monitor implementation of the
high-quality educational experience for children.
(h) Prior to opening a public prekindergarten
class in a school, the principal, and other school personnel as required by the
office, shall participate in an early learning induction program.
(i) The office shall provide support to
incorporate the high-quality standards developed pursuant to subsection (g),
including support related to teacher-child interactions, individual child
assessments, and family engagement. Teaching staff participating in the
program shall participate in coaching and mentoring offered through the office;
provided that the office shall cover the associated travel and substitute
teacher costs. The office may extend this support, excluding travel and
substitute teacher costs, to individuals who are not participating in the
program to promote alignment between all grade levels, programs, and settings.
(j) The teacher and educational assistant
teaching in the classroom through the program shall provide direct services
solely to students enrolled in the program and shall be provided time for
meetings regarding program implementation in the program.
(k) The teacher and educational assistant
teaching in the classroom through the program shall be included in school
meetings and activities to promote alignment between all grade levels and
settings, including school-wide professional development relating to social
emotional learning, cultural and place-based instructional strategies, and
transition to kindergarten.
(l) Each school participating in the program
shall work with the office to develop and annually update a written two- to
three-year plan to promote, within the school and community, alignment of and
transitions between high-quality learning experiences, and submit to the office
and the appropriate complex area superintendent a report on progress made
toward the plan by the end of each school year.
(m) The office shall coordinate with other
agencies and programs to facilitate comprehensive services for early learning.
(n) To promote the development of a cohesive,
comprehensive, and sustainable early learning system, the office shall partner
with the schools participating in the program to collaborate with:
(1) Other early learning providers, including those
providing the programs and services specified in section 302L-2(2)(A), to
promote alignment between prekindergarten and elementary school programs and to
support children and their families in making successful transitions from
prekindergarten into kindergarten; and
(2) Early intervention programs.
(o) The office shall collect data with
assistance from the department of education, based on a schedule to be
determined by the office, to:
(1) Evaluate the services provided;
(2) Inform policy; and
(3) Make any improvements to the program.
(p) The department of education may use
available classrooms for public preschool programs statewide. Preschool
classrooms established pursuant to this section shall be in addition to any
classrooms used for early learning programs established pursuant to section
302L-1.7.
(q) All processes involved in implementation
of this section related to students having special needs shall comply with
federal law.
(r) The office shall adopt rules pursuant to
chapter 91 necessary to carry out the purposes of this section, including
compliance with all applicable state and federal laws.
(s) The office shall prohibit the use of
suspension in the program due to a child's behavior; provided that a temporary
suspension may be used when there is a serious safety threat as determined by
the administrator of the school.
The office shall prohibit the permanent removal
of a student from the program due to a child's behavior; provided that when a
child exhibits persistent and serious challenging behaviors, the administrator
of the school shall consult with the office on how to address the behaviors.
The office shall implement chapter 19 of title
8, Hawaii Administrative Rules, for the purposes of the program, until the
office develops and adopts rules to carry out the purposes of this subsection.
[L 2015, c 109, §2; am L 2017, c 202, §10; am L 2019, c 276, §10; am L 2020, c
24, §3, c 46, §5, and c 70, §46; am L 2021, c 210, §§5, 14; am L 2023, c 171,
§§2, 4; am L 2024, c 152, §4]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302L/HRS_0302L-0007.htmFetched: 11/10/2026