Provisions Affecting System Structure

HRS div. 1, tit. 18, ch. 302A, pt. IV

in effect

HRS §302A-901 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 school, public or private, including any special school for children in the State. [L 1996, c 89, pt of §2]

HRS §302A-1001 Student bias

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 to discrimination under any educational or recreational program or activity receiving state or county financial assistance or utilizing state or county facilities. [L 1996, c 89, pt of §2]

HRS §302A-1002 Reporting of crime-related incidents

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 of the department who knows or has reason to believe that an act has been committed or will be committed, which: (A) Occurred or will occur on school property during school hours or during activities supervised by the school; and (B) Involves crimes relating to arson, assault, burglary, disorderly conduct, dangerous weapons, dangerous drugs, harmful drugs, extortion, firearms, gambling, harassment, intoxicating drugs, marijuana or marijuana concentrate, murder, attempted murder, sexual offenses, rendering a false alarm, criminal property damage, robbery, terroristic threatening, theft, or trespass; (2) Establish procedures for disposing of any incident reported; and (3) Impose, in addition to any other powers or authority the department may have to discipline school officials, appropriate disciplinary action for failure to report these incidents, including probation, suspension, demotion, and discharge of school officials. [L 1996, c 89, pt of §2]

HRS §302A-1003 Indemnity upon reporting

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 that might otherwise be incurred or imposed by, or as a result of, the making of the report. [L 1996, c 89, pt of §2]

HRS §302A-1004 Educational accountability system; annual reports

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. Data shall be reported as required by this section when the number of students in a particular data subgroup is greater than ten and shall be redacted when the number of students in a particular data subgroup is ten or fewer; provided that the personally identifiable information of each student shall be kept private. This accountability system shall: (1) Include student accountability; school or collective accountability; individual professional accountability for teachers, principals, and other employees; and public accounting to parents, community members, businesses, higher education, media, and political leadership; (2) Link authority and resources to responsibility; (3) Define clear roles for all parties and lines of responsibility and mutual obligation and develop a collaborative process with stakeholders, including representatives of appropriate bargaining units, parents, administration, and students; (4) Assess and track measures of academic achievement, safety and well-being, and civic responsibility of individual students at selected grade levels, and annually report trend data from the past three years on these measures; (5) Invoke a full and balanced set of appropriate consequences for observed performance, including rewards and recognition for those schools that meet or exceed their goals, assistance to those that fall short, and sanctions for those that, given adequate assistance and ample time, continue to fail to meet goals; (6) Involve an annual statewide assessment program that provides a report card containing trend data from the past three years on school, school complex, and system performance at selected benchmark grade levels with performance indicators in areas relating to student achievement, safety and well-being, and civic responsibility. These performance indicators shall include but not be limited to: (A) Student performance relative to statewide content and performance standards; (B) School attendance and dropout rates; and (C) Student discipline, seclusion, and restraint information, in total and by unduplicated counts, disaggregated by subgroups consisting of race, including by Asian subgroup; ethnicity; national origin; gender; sex; English learner status; low-income status; students whose achievement is below grade level for the school year on literacy benchmark assessments, math benchmark assessments, or end-of-course assessments; and disability status based upon an individualized education program or upon section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), including but not limited to the following: (i) In-school suspensions; (ii) Out-of-school suspensions of one day or less; of two to five days; of six to nine days; of ten to twenty days; and of twenty-one or more days; (iii) Expulsions; (iv) Removals to an alternative education setting by school personnel; (v) School-related arrests; (vi) Referrals to law enforcement authorities; (vii) Withdrawals for other reasons; (viii) Number of parent or guardian-initiated withdrawals under section 302A-1132; (ix) Number of school resource officers, either full-time or part-time, and the number of hours assigned to the school per week; and (x) Other data that the board may approve; (7) Require that teachers and administrators engage in the continuous professional growth and development that ensure their currency with respect to disciplinary content, leadership skill, knowledge, or pedagogical skill, as appropriate to their position. This requirement may be established by the department in terms of credit hours earned or their equivalent in professional development activity certified by the department as appropriate in focus and rigor; (8) Establish an explicit link between professional evaluation results and individual accountability through professional development of the knowledge, skill, and professional behavior necessary to the position, by requiring that results of the professional evaluation be used by the department to prescribe professional development focus and content, as appropriate; (9) Include an annual statewide fiscal accountability program, which includes a published report card that contains trend data on school, school complex, and systemwide plans and results, including: (A) Amounts allocated; (B) Amounts expended; (C) Amounts carried over; and (D) Any significant changes to the budget, with an explanation for the change; and (10) Include an evaluation of the effectiveness of complex area superintendents and principals in supporting: (A) Students' academic achievement, safety and well-being, and civic responsibility; and (B) The satisfaction of stakeholders affected by the work of the complex area superintendents and principals, which may be measured by broad‑based surveys; and (C) Fiscal accountability. (b) The department shall annually post on the department's website: (1) Information on the specifics of the implementation of the comprehensive accountability system; (2) Information on the fiscal requirements and legislative actions necessary to maintain and improve the accountability system; and (3) Data collected pursuant to subsection (a)(6)(C) on student discipline, as follows: (A) The total number of students enrolled in the State by complex, school, and subgroup; (B) The percentage of the school, complex, and State's total enrollment that the subgroup represents; (C) The number of students who appear in more than one subgroup; (D) The disciplinary rate for each discipline measure described in subsection (a)(6)(C), based on the total student enrollment in each school and each complex; (E) The disciplinary rate for each discipline measure described in subsection (a)(6)(C) with respect to each subgroup; and (F) The rate of disciplinary disparity for each discipline measure described in subsection (a)(6)(C), with respect to each subgroup, as compared with the subgroup with the lowest disciplinary rate. (c) The department shall also annually post on its website a state-, complex-, and school-level report for each school that details the past three years and includes an analysis of any disproportionality among student subgroups using the performance indicators in subsection (a)(6). Each report shall be uniformly formatted and designed by the department so as to provide school-based users and the public with all pertinent information. Report data shall be downloadable in raw form. Report information shall include: (1) Results of school-by-school assessments of educational outcomes; (2) Summaries of each school's standards implementation design; (3) Summary descriptions of the demographic makeup of the schools, with indications of the range of these conditions among schools within Hawaii; (4) Comparisons of conditions affecting Hawaii's schools with the conditions of schools in other states; (5) Other assessments deemed appropriate by the board; (6) Student discipline, seclusion, and restraint information by school, as required by this section; and (7) Any other reports required by this section. (d) The department shall provide electronic access to computer-based financial management, student information, and other information systems to the legislature and the auditor. The department shall submit to the legislature and to the governor, at least twenty days prior to the convening of each regular session, a school-by-school expenditure report that shall include: (1) The financial analysis of expenditures by the department with respect to the following areas: (A) Instruction, including face-to-face teaching, and classroom materials; (B) Instructional support, including pupil, teacher, and program support; (C) Operations, including non-instructional pupil services, facilities, and business services; (D) Other commitments, including contingencies, capital improvement projects, out-of-district obligations, and legal obligations; and (E) Leadership, including school management, program and operations management, and district management; and (2) The measures of accuracy, efficiency, and productivity of the department, districts, and schools in delivering resources to the classroom and the student. (e) The superintendent of education is responsible for the development and implementation of an educational accountability system. The system shall include consequences and shall be designed through a collaborative process involving stakeholders that shall include parents, community members, the respective exclusive representatives, as well as others deemed appropriate by the superintendent. For the purposes of this section, negotiations under chapter 89 shall be between the superintendent or the superintendent's designee and the respective exclusive representative and shall be limited to the impact on personnel arising from the superintendent's decision in implementing the educational accountability system. After the initial agreement is negotiated, provisions on the impact of the accountability on personnel may be reopened only upon mutual agreement of the parties. (f) The department shall: (1) Annually submit a report to the board and to the legislature, as follows: (A) The report shall identify discipline-related strategies, alternatives, and resources available to schools and complexes, and shall include the following: (i) Student discipline, seclusion, and restraint data collected pursuant to subsection (a)(6)(C); (ii) Data collected in accordance with the data elements shown in the United States Department of Education's 2015-2016 civil rights data collection relating to school finance, teacher experience and absenteeism, all early childhood education items, advanced placement test-taking items, references to gender identity in the definition of "harassment on the basis of sex", number of English language learner students enrolled in English language programs by disability status, participation in credit recovery programs, and any civil rights concerns or complaints from children with disabilities placed by school districts in nonpublic schools; and (iii) Information regarding staffing and contact information for school- and complex-level equity specialists; and (B) The report may include additional information, as determined by the department, that would assist in better understanding the disciplinary rate or rate of disciplinary disparity of a particular school or complex; (2) Track the progress made by schools and complexes over the past three years in reducing the disciplinary rates and rate of disciplinary disparity that are referenced in subsection (b)(3)(D) through (F); (3) Assess the changes in student academic achievement and absenteeism rates over the past three years that correspond to any reduction in disciplinary rates and rates of disciplinary disparity that are referenced in subsection (b)(3)(D) through (F); (4) Track the use of restraints over the past three years; and (5) Report annually to the board, and make public on its website, the following: (A) Changes in the use of discipline over the past three years; and (B) Information on the extent to which schools and complexes are implementing evidence-based strategies, including positive behavior interventions, support systems, or restorative justice. [L 1996, c 89, pt of §2; am L 1999, c 74, §2 and c 199, §2; am L 2000, c 238, §1; am L 2004, c 51, §56; am L 2014, c 232, §9; am L 2020, c 76, §3]

HRS §302A-1004.5 Accurate data reporting

302A-1004.5. Accurate data reporting (a) The department shall establish a standardized data collection process for schools and complex areas to maintain records and report data to the department. The department shall implement a process to: (1) Review the accuracy of data reported by schools and complex areas; (2) Coordinate with the state public charter school commission regarding the collection, analysis, and dissemination of this data from public charter schools; and (3) Analyze and publish the data collected. (b) The department shall annually review all data that has been collected pursuant to state and federal law and certify the accuracy of the data. [L 2020, c 76, §2]

HRS §302A-1005 Reconstituting schools

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 has been in restructuring under the No Child Left Behind Act of 2001, Public Law 107-110, for four or more school years and has not made significant advancements toward improving academic performance as determined by a statistical analysis of academic data; provided that the following have been considered: (1) Student proficiency in reading and math in the period during which the school is in restructuring; (2) Interventions and other programs being used by the school to address student proficiency; (3) The number of highly qualified or effective teachers at the school; (4) Professional development being conducted at the school; (5) Input from school faculty and staff, complex specialists, and state office program specialists; and (6) Input from the school community council; provided further that the superintendent has made a recommendation to the board to reconstitute the school, taking into consideration the recommendation of the complex area superintendent, if any. (b) In reconstituting a public school, the superintendent may take actions that include: (1) Replacing all or most of the staff, including teachers, principals, and other support staff; (2) Entering into a contract with a private entity to manage the school; and (3) Changing the membership of the school community council. (c) The department shall negotiate with the respective unions the process of reassigning employees of the school to be reconstituted to other positions within the department for which the employees are qualified. (d) The department shall follow the current hiring and recruiting procedures for all employees to be employed at the reconstituted school. (e) The board shall adopt rules pursuant to chapter 91 as may be necessary to implement this section. [L 2011, c 148, §2]

HRS §302A-1006 Harm to students registry; requirements; due process; immunity

302A-1006. Harm to students registry; requirements; due process; immunity (a) The department shall establish a harm to students registry, which shall be a database of employees found to have inflicted harm on a student in the State. The harm to students registry shall contain: (1) The employee's full legal name and any prior names used, such as maiden name or married name; (2) The employee's date of birth; (3) The employee's photograph; (4) The employee's last known address; and (5) The name of the reporting institution. (b) The reporting institution shall certify to the department that any employee whose name and information has been transmitted to the department for inclusion on the harm to students registry has been afforded appropriate due process, as set forth in this section. (c) The reporting institution shall certify that there has been a final finding, including the date of the institution's final finding, resulting from the institution's investigation into whether the institution's employee engaged in acts or omissions that resulted in the infliction of harm to a student, notwithstanding whether the employee was terminated, retired, resigned, or was banned from the school pending completion of the investigation. Each institution shall complete an investigation without regard to the employment status of the employee under investigation or the status of the employee's future involvement with the institution. (d) For purposes of this section, in order for an employee's name to be placed on the harm to students registry, the investigation conducted by the reporting institution that rendered a final finding of infliction of harm to a student shall involve, at a minimum: (1) An investigator who was not a party or witness to the incident under investigation and who does not report to a complaining party or accused party; (2) An opportunity for the complaining party and accused party to provide information to the investigator regarding the alleged misconduct or other circumstances that caused initiation of the investigation; (3) Representation for the accused party if required by law or any applicable collective bargaining agreement; provided that the department shall not provide representation for an accused party that is not entitled to representation pursuant to a collective bargaining agreement; (4) Consideration of the information provided by all parties and witnesses who participated in the investigation; and (5) Reasoned findings based on the information gathered that support the conclusion, by a preponderance of the evidence, that the accused party inflicted harm on a student. (e) The reporting institution shall certify, before transmitting the employee's name and other information to the department, that: (1) The employee whose name is transmitted to the department for inclusion on the harm to students registry was given prior written notice of the institution's decision to transmit the employee's name for this purpose; (2) The employee was given the opportunity to appeal the decision; and (3) The employee either waived the right to appeal or lost the appeal. The department shall rely on an institution's certification that the employee was provided due process in accordance with this section. (f) Each institution in the State, when requested by another institution, shall share with that institution the existence of any employee investigation that includes allegations of infliction of harm to a student, including ongoing investigations. (g) An institution that provides information or an opinion about an employee's job performance to a prospective employing institution shall be presumed to be acting in good faith and shall have qualified immunity from civil or criminal liability for disclosing the information and for the consequences of the disclosure. (h) The good faith presumption under subsection (g) shall be rebuttable upon a showing, by a preponderance of the evidence, that the information or opinion disclosed was: (1) Knowingly false; or (2) Knowingly misleading. (i) Nothing in subsections (g) and (h) shall affect the rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378. (j) The harm to students registry shall be made accessible to all institutions within the State. (k) A person whose name is listed on the harm to students registry may request the reporting institution to submit a certified request to the department to remove the person's name from the registry if new information is discovered that proves that the person has not inflicted harm on a student such that the person's name does not belong on the registry. The department shall remove the person's name from the harm to students registry upon receiving a certified request from the reporting institution to remove the person's name from the registry. (l) Any institution certifying the inclusion of an employee on or removal of an employee from the harm to students registry, or refusing to certify the removal of an employee from the harm to students registry, shall defend and indemnify the department from any liability resulting from any claim or cause of action relating to the employee's inclusion on or removal from the registry, or relating to the institution's refusal to certify the removal of the employee from the registry. (m) As part of the procedures followed pursuant to section 302A-601.5, the department shall consult the harm to students registry to determine whether a candidate for employment is listed on the registry. (n) The department shall consult the harm to students registry before authorizing a volunteer's assistance in a role that involves the volunteer's interaction with, or close proximity to, a student or students. (o) If a candidate for employment or a potential volunteer's name is listed on the harm to students registry, the department shall cease to consider the candidate for employment or shall prohibit the volunteer's assistance in a role that involves interaction with, or close proximity to, a student or students. (p) The harm to students registry shall be exempt from disclosure under chapter 92F. (q) As used in this section: "Employee" means a person currently or formerly employed by the institution and includes contractors and volunteers for an institution. "Final finding" means the conclusion of an institution's investigation that results in a determination by the institution. "Harm to students registry" or "registry" means a database of employees and any related documents compiled by the department that a reporting institution certifies and transmits to the department. "Inflicted harm on a student" or "infliction of harm on a student" means the act of subjecting a student to abusive acts or sexual exploitation, whether with, to, or in the presence of a student, including any: (1) Sexual act; (2) Solicitation of a sexual act, whether written, visual, verbal, or physical; (3) Inappropriate sexual contact or conduct, whether written, visual, verbal, or physical; (4) Act of child abuse; (5) Intentional solicitation, encouragement, or consummation of a romantic or physical relationship, which includes dating a student; or (6) Acts of abuse or violence, including assault, torture, or physical punishment or restraint that results in serious bodily injury. "Institution" means any public or private educational institution that services students in early learning programs or schools, and from kindergarten through twelfth grade within the State. "Investigation" means any fact finding by an institution relating to an accusation of infliction of harm on a student that meets the requirements of subsection (d). [L 2024, c 156, §2]

HRS §302A-1101 Department of education; board of education; superintendent of education

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 to be known as the board of education. The board shall have power in accordance with law to formulate statewide educational policy, adopt student performance standards and assessment models, monitor school success, and appoint the superintendent of education as the chief executive officer of the public school system. (b) The board shall appoint, and may remove, the superintendent by a majority vote of its members. The superintendent: (1) May be appointed without regard to the state residency provisions of section 78-1(b); (2) May be appointed for a term of up to four years; and (3) May be terminated only for cause. (c) The board shall invite the senior military commander in Hawaii to appoint a nonvoting military representative to the board, who shall serve for a two-year term without compensation. As the liaison to the board, the military representative shall advise the board regarding state education policies and departmental actions affecting students who are enrolled in public schools as family members of military personnel. The military representative shall carry out these duties as part of the representative's official military duties and shall be guided by applicable state and federal statutes, regulations, and policies and may be removed only for cause by a majority vote of the members of the board. (d) The board shall appoint the state public charter school commission which shall serve as the statewide charter authorizer for charter schools, with the power and duty to issue charters, oversee and monitor charter schools, hold charter schools accountable for their performance, and revoke charters. [L 1996, c 89, pt of §2; am L 2000, c 257, §1; am L 2006, c 298, §10; am L 2007, c 115, §5; am L 2011, c 5, §14; am L 2012, c 130, §8]

HRS §302A-1102 Department of education; statewide administrative services

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 compliance with state and federal laws, and coordination and preparation of a systemwide budget for the public schools. [L 1996, c 89, pt of §2; am L 2012, c 133, §13]

HRS §302A-1106.5 Board of education; community meetings

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 input from the community on public education and public library issues. The board chairperson shall designate board members to attend the community meetings. These community meetings shall not be held for the purpose of formulating educational policy. The community meetings shall be exempt from sections 92-2.5, 92-7, 92-9, and 92-41; provided that the board shall give written public notice of each community meeting. The meeting notice shall indicate the date, time, and place of the meeting, and shall be filed in the office of the lieutenant governor and in the board's office for public inspection six calendar days before the meeting. The notice shall also be posted at the site of the meeting. [L 2004, c 51, §58; am L 2011, c 5, §15]

HRS §302A-1110 Educational districts not applicable

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. L 1996, c 89, pt of §2; am L 2011, c 5, §16

HRS §302A-1111 Duties of superintendent

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 over the internal organization, operation, and management of the public school system, as provided by law; and shall administer programs of education and public instruction throughout the State, including education at the primary and secondary school levels, and such other programs as may be established by law; provided that all state-funded prekindergarten programs, and private partnership-funded prekindergarten programs in the public schools, except for special education and Title I-funded prekindergarten programs, shall be under the administrative authority of the executive office on early learning; provided further that the department shall continue to provide, and have administrative authority over, services generally provided to the schools excluding those services related to curriculum, instruction, assessment, and professional learning support, for any facility on a department school campus at which the executive office on early learning administers programs. (b) Except as otherwise provided, the superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department; provided that the director of the executive office on early learning shall be the final authority on drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents related to the executive office on early learning. The superintendent and director of the executive office on early learning may use a printed facsimile signature in approving appointments, contracts, and other documents. [L 1996, c 89, pt of §2; am L 2006, c 126, §1; am L 2018, c 175, §2; am L 2019, c 276, §4]

HRS §302A-1113 Seal

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 nature of record, and all other documents issued by it. Upon authorization by the superintendent, a facsimile impression of the seal may be used to authenticate these documents. [L 1996, c 89, pt of §2]

HRS §302A-1114 Power of appointment, removal

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 the purposes of sections 302A-201, 302A-401 to 302A-410, 302A-1001 to 302A-1004, 302A-1101 to 302A-1122, 302A-1301 to 302A-1305, 302A-1401 to 302A-1403, and 302A-1503 to 302A-1506, and regulate their duties, powers, and responsibilities, when not otherwise provided by law. Note Section 302A-410 referred to in text is repealed. [L 1996, c 89, pt of §2; am L 1999, c 62, §4; am L 2012, c 133, §14]

HRS §302A-1116 Authority to create temporary positions

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 term of each position shall not exceed one year; and (3) The department shall report the creation of temporary positions to the department of budget and finance. [L 1996, c 89, pt of §2]

HRS §302A-1117 Records, evidence

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 the archives of the department. A certified copy of a record or any portion thereof, when signed by the superintendent under the seal of the department, shall be competent evidence of all it contains in any court. [L 1996, c 89, pt of §2]

HRS §302A-1118 Publications by department

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 discretion of the department may seem advisable, and sell or dispose of the publications. All sums of money received from the sale of the publications shall be deposited to the credit of the general fund of the State. [L 1996, c 89, pt of §2]

HRS §302A-1120 Public library system; board control

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 rules under chapter 91 for the purpose of this section. L 1996, c 89, pt of §2

HRS §302A-1122 Gifts

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 received from sources other than the legislature or any federal appropriation for the purposes of the department. All such moneys received by, or on behalf of, the department shall be paid into the state treasury, and all such moneys are appropriated for the use of the department. The board shall cause to be kept suitable books of accounts wherein shall be recorded each gift, the essential facts of its management, and the expenditure of the income. [L 1996, c 89, pt of §2]

HRS §302A-1124 Mandate to initiate school community councils

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, shall create and maintain a school community council. Each school community council shall: (1) Review and evaluate the school's academic plan and financial plan, and either recommend revisions of the plans to the principal, or recommend the plans for approval by the complex area superintendent; (2) Ensure that the school's academic and financial plans are consistent with the educational accountability system under section 302A-1004; (3) Participate in principal selection and evaluation, and transmit any such evaluations to the complex area superintendent; and (4) Provide collaborative opportunities for input and consultation. (b) School community councils shall be exempt from the requirements of chapters 91 and 92. The school community councils shall: (1) Make available the notices and agendas of public meetings: (A) At a publicly accessible area in the school's administrative office so as to be available for review during regular business hours; and (B) On the school's internet web site, not less than six calendar days prior to the public meeting, unless a waiver is granted by the superintendent in the case of an emergency; and (2) Make available the minutes from public meetings on a timely basis in: (A) The school's administrative office so as to be available for review during regular business hours; and (B) On the school's internet web site. (c) Complex area superintendents may require revisions to a school's academic and financial plans if the plans are in violation of law or conflict with statewide educational policies and standards, or are otherwise in the best interests of the school. (d) The superintendent of education may recommend to the board of education dissolution of a school community council and establish an interim school community council if the school community council engages in any act or omission that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct. The superintendent may recommend to the board the removal of any member of a school community council. The superintendent shall appoint or facilitate the creation of an interim school community council at any school that has not established a council or has had its council dissolved. In appointing or facilitating the creation of an interim school community council at any school that has had its council dissolved, the superintendent may appoint individuals who were previously members of the council. (e) Unless otherwise specified, each school community council shall establish policies governing the council's composition, election, staggered terms of office for members, operation, and vacancies; provided that: (1) The number of school personnel [on] any school community council shall be equal to the number of primary stakeholders on the school community council; (2) At the elementary and middle school levels, each school community council shall be composed of the principal and at least one member representing each of the following groups: (A) Parents elected by ballots distributed among and collected from the parents of the school’s students; (B) Teachers elected by ballots distributed among and collected from teachers of the school; (C) Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school; (D) Community representatives elected by ballots distributed among and collected from parents of the school's students; and (E) Student representatives selected by the student council of the school; and (3) At the high school level, each school community council shall be composed of the principal and at least one member representing each of the following groups: (A) Parents elected by ballots distributed among and collected from parents of the school’s students; (B) Teachers elected by ballots distributed among and collected from teachers of the school; (C) Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school; (D) Community representatives elected by ballots distributed among and collected from the parents of the school's students; and (E) Student representatives selected by the student council of the school. For the purposes of this subsection, "primary stakeholders" means students, parents, and community members. (f) School community councils shall elect officers, including: (1) A chairperson; (2) A vice-chairperson; (3) A secretary; and (4) Other officers as needed to perform stated duties in support of the work of the council. (g) The principal shall have the authority to set aside any decision made by the school community council if the principal determines it to be in the best interests of the school; provided that the principal notifies the school community council. If the school community council opposes a decision of the principal, an appeal shall first be brought to the complex area superintendent for resolution and, if necessary, to the superintendent and, finally, to the board of education. (h) Complex area superintendents shall assist the school community councils and principals within their respective complex areas in: (1) Obtaining the support and services of the department; and (2) Ensuring the progress and success of the school's academic and financial plan. [L 1996, c 89, pt of §2; am L 2004, c 51, §25 and c 221, §11; am L 2005, c 174, §1; am L 2006, c 298, §11]

HRS §302A-1125 Educational objectives

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 be responsible for fulfilling. The board shall also be responsible for formulating standards for measuring the efforts of each participating school toward achieving those goals each year. The participating schools shall be free to use all reasonable means to accomplish those goals with the resources available to them. [L 1996, c 89, pt of §2; am L 2012, c 133, §15]

HRS §302A-1126 Waiver of policy, rule, or procedures

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 waive otherwise applicable policies, rules, or procedures when requested to do so by a school community council unless the agency, within thirty days, can justify a denial to the appropriate authority. The board shall adopt procedures necessary to process waivers initiated by a school community council. Any general waiver of policy, rule, or procedures granted by the board to a specific school or schools may be extended by the board to apply to other schools under comparable circumstances. This section shall apply to collective bargaining agreements as provided for in all relevant collective bargaining agreements negotiated pursuant to chapter 89. [L 1996, c 89, pt of §2; am L 2004, c 51, §26]

HRS §302A-1128 Department powers and duties

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 schools the department establishes and operates, including operating and maintaining the capital improvement and repair and maintenance programs for department and school facilities; provided that all state-funded prekindergarten programs, and private partnership-funded prekindergarten programs in the public schools, except for special education and Title I-funded prekindergarten programs, shall be under the administrative authority of the executive office on early learning; provided further that the department shall continue to provide, and have administrative authority over, services generally provided to the schools excluding those services related to curriculum, instruction, assessment, and professional learning support, but including operating and maintaining capital improvement and repair and maintenance programs for any facility on a department school campus at which the executive office on early learning administers programs, and evaluation of teaching staff. The department may establish and maintain schools for secular instruction at such places and for such terms as in its discretion it may deem advisable and the funds at its disposal may permit. The schools may include high schools, kindergarten schools, schools or classes for special education or Title I-funded prekindergarten, boarding schools, Hawaiian language medium education schools, and evening and day schools. The department may also maintain classes for technical and other instruction in any school where there may not be pupils sufficient in number to justify the establishment of separate schools for these purposes. [L 1996, c 89, pt of §2; am L 1998, c 309, §2; am L 1999, c 190, §1; am L 2000, c 20, §1; am L 2003, c 220, §2; am L 2004, c 133, §4; am L 2005, c 189, §4; am L 2006, c 298, §19; am L 2012, c 133, §16; am L 2015, c 108, §5; am L 2019, c 276, §5]

HRS §302A-1129 Schools; opening and closing

302A-1129. Schools; opening and closing The board may open new schools or close existing schools. L 1996, c 89, pt of §2

HRS §302A-1130 Public schools special fees and charges

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 for co-curricular activities shall be deposited into insured checking or savings accounts and expended by each individual school. [L 1996, c 89, pt of §2; am L 2003, c 187, §9; am L 2004, c 220, §4; am L 2012, c 133, §17]

HRS §302A-1130.6 Curricular materials fee special account

302A-1130.6. Curricular materials fee special account There is established within the department a curricular materials fee special account, into which shall be deposited all fees and charges collected from students or their parents or guardians for the loss, destruction, breakage, or damage of curricular materials. Disbursements from this special account shall be expended by the department for the purposes of purchasing, replacing, or repairing curricular materials. [L 2004, c 220, §1; am L 2012, c 133, §18; am L 2016, c 112, §3]

HRS §302A-1132 Attendance compulsory; exceptions

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 before July 31 of the school year, and who will not have arrived at the age of eighteen years, by January 1 of any school year, shall attend either a public or private school for, and during, the school year, and any parent, guardian, or other person having the responsibility for, or care of, a child whose attendance at school is obligatory shall send the child to either a public or private school. Attendance at a public or private school shall not be compulsory in the following cases: (1) Where the child is physically or mentally unable to attend school (deafness and blindness excepted), of which fact the certificate of a duly licensed physician shall be sufficient evidence; (2) Where the child, who has reached the fifteenth anniversary of birth, is suitably employed and has been excused from school attendance by the superintendent or the superintendent's authorized representative, or by a family court judge; (3) Where, upon investigation by the family court, it has been shown that for any other reason the child may properly remain away from school; (4) Where the child has graduated from high school; (5) Where the child is enrolled in an appropriate alternative educational program as approved by the superintendent or the superintendent's authorized representative in accordance with the plans and policies of the department, or notification of intent to home school has been submitted to the principal of the public school that the child would otherwise be required to attend in accordance with department rules adopted to achieve this result; or (6) Where: (A) The child has attained the age of sixteen years; (B) The principal has determined that: (i) The child has engaged in behavior which is disruptive to other students, teachers, or staff; or (ii) The child's non-attendance is chronic and has become a significant factor that hinders the child's learning; and (C) The principal of the child's school, and the child's teacher or counselor, in consultation with the child and the child's parent, guardian, or other adult having legal responsibility for or care of the child, develops an alternative educational plan for the child. The alternative educational plan shall include a process that shall permit the child to resume school. The principal of the child's school shall file the plan made pursuant to subparagraph (C) with the child's school record. If the adult having legal responsibility for or care of the child disagrees with the plan, then the adult shall be responsible for obtaining appropriate educational services for the child. (b) Any employer who employs a child who is excused from school attendance in accordance with subsection (a)(2) shall notify the child's school within three days upon termination of the child's employment. (c) Beginning with the 2014-2015 school year, any parent, guardian, or other person having the responsibility for, or care of, a child who will be at least five years of age on or before July 31 of the school year shall enroll the child in a public school kindergarten unless the child is enrolled at a private school or the child's attendance is otherwise exempt under this section. (d) As used in this section, "private school" means an educational institution that teaches students in any grade from kindergarten through grade twelve and that is either: (1) Licensed; (2) Licensed and accredited by the Hawaii Association of Independent Schools, Hawaii Council of Private Schools, Western Association of Schools and Colleges, Western Catholic Educational Association, Association of Christian Schools International, or a similar entity recognized by the Hawaii Council of Private Schools that meets or exceeds the standards set by the aforementioned entities; or (3) Accredited by the Hawaii Association of Independent Schools, Hawaii Council of Private Schools, Western Association of Schools and Colleges, Western Catholic Educational Association, Association of Christian Schools International, or a similar entity recognized by the Hawaii Council of Private Schools that meets or exceeds the standards set by the aforementioned entities, and submits health and safety documentation to the Hawaii Council of Private Schools or the Hawaii Catholic Schools office on an annual basis. [L 1996, c 89, pt of §2 and am c 162, §2; am L 2014, c 76, §3; am L 2019, c 227, §1; am L 2022, c 61, §1]

HRS §302A-1133 Emergency measures

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 if it is determined that there is imminent danger of an epidemic or serious outbreak of communicable disease. [L 1996, c 89, pt of §2]

HRS §302A-1133.5 Parent and guardian accountability for compliance with student code of conduct

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 their children comply with the code. The department also shall provide assistance and advice to parents and guardians in meeting their responsibilities under the code. (b) The failure of a student to meet the requirements for regular attendance and punctuality shall subject the student's parent, parents, or guardian to the penalties provided in section 302A-1135. Destruction of school property by a student, in addition to all other legal action that may be taken, shall subject the student's parent, parents, or guardian to proceedings under section 302A-1153, as appropriate. [L 1997, c 361, §2; am L 2006, c 38, §5; am L 2012, c 133, §19]

HRS §302A-1134 Exclusion from school

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 attending school by the principal, with the approval of the complex area superintendent; provided that this section shall not apply to children participating in the executive office on early learning public prekindergarten program pursuant to section 302L-7. The department shall seek the active participation of other public and private agencies in providing help to these children before and after they have left school. An appeal may be taken on behalf of the child to the superintendent of education within ten days from the date of such action. (b) Any child who, while attending school, is found to be in possession of a firearm, shall be excluded from attending school for not less than one year. The due process procedures of chapter 19 of the Department of Education, Hawaii Administrative Rules, shall apply to any child who, while attending school, is alleged to be in possession of a firearm. The superintendent, on a case-by-case basis, may modify the exclusion of a child found to be in possession of a firearm while attending school. If a child is excluded from attending school, the superintendent shall ensure that substitute educational activities or other appropriate assistance shall be provided. (c) Unless otherwise required by the Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq., no person who is twenty years of age or over on the first instructional day of the school year shall be eligible to attend a public school; provided that if a person reaches twenty years of age after the first instructional day of the school year, the person shall be eligible to attend public school for the full school year. [L 1996, c 89, pt of §2 and am c 90, §3; am L 2003, c 187, §10; am L 2010, c 163, §1; am L 2014, c 215, §3; am L 2020, c 24, §2; am L 2022, c 224, §3]

HRS §302A-1134.6 Zero tolerance policy

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 or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals designated pursuant to rules adopted by the board. (b) Except as provided in subsection (f), any child who possesses, sells, consumes, or uses intoxicating liquor or illegal drugs, while attending school or while attending department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals designated pursuant to rules adopted by the board. (c) Except as provided in subsection (f), any child who reasonably appears to have consumed or used intoxicating liquor or illegal drugs prior to attending school or attending department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals designated pursuant to rules adopted by the board. (d) In any case of exclusion from school, the due process procedures as set forth in the provisions of Hawaii administrative rules relating to student discipline shall apply. (e) If a child is excluded from attending school for more than ten days, the superintendent or the superintendent's designee shall ensure that substitute educational activities or other appropriate assistance are provided, such as referral for appropriate intervention and treatment services, as determined by the principal in consultation with the appropriate school staff. (f) A child determined to be in violation of subsection (b) or (c) shall be subject to the department's disciplinary rules; provided that: (1) The school shall administer a screening tool approved by the department to determine whether there is a need for the child to be referred for a substance abuse assessment; (2) The child shall be allowed to return to school earlier than the department's original disciplinary determination; provided that the child gives the school evidence of the following: (A) A substance abuse assessment has been completed; and (B) The child is progressing toward clinical discharge from any substance abuse treatment or substance abuse counseling recommended by the substance abuse assessment; (3) If the substance abuse assessment finds that the child does not need substance abuse treatment or substance abuse counseling, the school may allow the child to return to school earlier than originally indicated; provided that: (A) The child provides a certified copy of the assessment; and (B) The child's parent or legal guardian consents to the child and the child's family receiving follow-up counseling or other student support services to be provided by the department. In determining whether to allow the child to return to school early, the school administrator shall review and determine the nature and severity of the offense, the impact of the offense on others, the age of the offender, and whether the offender is a repeat offender; and (4) For the child's first violation of subsection (b) or (c), if the child provides evidence of clinical discharge from the substance abuse treatment program or substance abuse counseling, all records of disciplinary action relating to the original offense shall be expunged. For the purposes of this paragraph, "expunged" means the records of substance abuse assessment shall be segregated and kept confidential but shall be destroyed upon graduation of the child. (g) For purposes of this section: "Dangerous weapon" means a dirk, dagger, butterfly knife, blackjack, slug shot, billy, metal knuckles, or other instrument whose sole design and purpose is to inflict bodily injury or death; provided that firearms are excluded from this definition. "Illegal drugs" means the possession, distribution, ingestion, manufacture, sale, or delivery of substances which are prohibited under chapter 329 and chapter 712, part IV. "Switchblade knife" is as defined in section 134-52. (h) The board of education shall adopt rules in accordance with chapter 91 to implement this section. [L 2000, c 274, §§2, 4; am L 2004, c 44, §14; am L 2005, c 213, §§2, 5; am L 2006, c 205, §4(1), (2)]

HRS §302A-1135 Penalty

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 made by the schoolteacher or any other officer or agent of the department, or police officer, or any other person, shall cause the child, and the father or mother, guardian, or other person having charge of the child, to be summoned to appear before the judge. Upon its being proved that the person responsible for the child had not used proper diligence to enforce the child's regular attendance at school, the responsible party shall be guilty of a petty misdemeanor. This section shall not apply to any child not liable to compulsory attendance at school. [L 1996, c 89, pt of §2]

HRS §302A-1136 Enforcement

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 police officer of the chief's or officer's responsibility for the enforcement of these sections, but their enforcement shall be subject to the plans and policies of the department. [L 1996, c 89, pt of §2]

HRS §302A-1137 Attendance records; availability to authorized police officers

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

HRS §302A-1138 Permit to leave grounds

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 pupil attending any public school, shall permit any such pupil to leave the school grounds during intermissions. Any principal granting such a permit shall not be held liable for the action of the pupil during the intermissions and while the pupil remains outside of the school grounds. [L 1996, c 89, pt of §2]

HRS §302A-1139 Religious education

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 for a period not to exceed sixty minutes each week during the school year, on such days and during such school hours as the department shall designate, for the purpose of receiving religious instruction from the religious organization of the pupil's choice when the release is requested in writing by a parent, guardian, or other person having custody or control of the pupil. Actual attendance at the sessions of the religious instruction shall count as attendance at the public schools for all purposes where attendance forms the basis of computation. (b) The privilege of this release shall be withdrawn by the department in case the pupil does not actually attend the sessions of religious instruction. No teacher of the public schools shall participate in religious instruction during the school hours for which the teacher is employed to teach in the public schools, and no public funds shall be used directly or indirectly for religious instruction, at any time when its use would otherwise be required in connection with the regular program of the school. [L 1996, c 89, pt of §2]

HRS §302A-1140 Religious holy days

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 school days, when the release is requested in writing by a parent, guardian, or other person having custody or control of the pupil. Actual attendance at observances shall count as an excused absence at the public schools for all purposes where attendance forms the basis of computation. [L 1996, c 89, pt of §2]

HRS §302A-1141 Punishment of pupils limited

302A-1141. Punishment of pupils limited No physical punishment of any kind may be inflicted upon any pupil, except as provided for under sections 302A-1141.4 and 703-309(2). L 1996, c 89, pt of §2; am L 2014, c 206, §3

HRS §302A-1141.3 Use of seclusion, chemical restraint, or mechanical restraint prohibited

302A-1141.3. Use of seclusion, chemical restraint, or mechanical restraint prohibited The use of seclusion, chemical restraint, or mechanical restraint shall be prohibited in public schools regardless of any consent of the student, parents, or guardians. L 2014, c 206, pt of §2

HRS §302A-1141.4 Use of physical restraint limited; notification; policies and procedures; training; review

302A-1141.4. Use of physical restraint limited; notification; policies and procedures; training; review (a) The use of physical restraint shall be prohibited in public schools unless a student's behavior poses an imminent danger of property damage or physical injury to the student, school personnel, or others and only for so long as the danger persists; provided that other less intrusive interventions have failed or been determined to be inappropriate for the student. (b) No physical restraint may be imposed that is life threatening, including physical restraint that may restrict breathing. (c) The board shall establish a policy regarding the use of restraint in public schools. The department shall establish procedures to be followed after each incident involving the imposition of restraint upon a student, including procedures to provide to the parent or legal guardian of the student: (1) An immediate verbal or electronic communication on the same day as each incident; and (2) Written notification within twenty-four hours of each incident. (d) All parents and legal guardians of students shall receive, upon the student's entry into public school, written information issued by the department about policies and procedures for restraint. This written information shall include: (1) A brief summary describing the training received by public school staff in using restraint in facilities or programs; (2) Information describing board policy; (3) Information on the procedures for determining when restraint can and cannot be properly used in public school settings; (4) Definitions of restraint; (5) Information on the procedural safeguards that are in place to protect the rights of children and their parents or legal guardians; (6) A description of the alignment of policies and procedures on restraint with applicable state laws or department rules; (7) Information on the procedures for notifying parents and legal guardians when restraint has been used with their child; and (8) Information on the procedures for notifying parents and legal guardians about any changes to policies and procedures on restraint. (e) The department shall make information relating to policies and procedures available on the department's website. (f) If policy or procedural changes related to restraint are made during the school year, the department shall post the changes on its website immediately. (g) All public schools shall ensure that staff who use restraint in facilities or programs are trained, recertified, or trained and recertified on a periodic basis no less frequently than annually. Training shall include: (1) Evidence-based techniques shown to be effective in the prevention of restraint; (2) Evidence-based techniques shown to be effective in keeping school personnel and students safe when imposing restraint; (3) Evidence-based skills related to positive behavioral supports and interventions, safe physical escort, conflict prevention, understanding antecedents, de-escalation, and conflict management; (4) A wide array of prevention and intervention modalities; and (5) Information describing state policies and procedures that meet the minimum standards established by state statutes and administrative rules. (h) No less than annually, there shall be a review of data on students at each public school who were restrained, which shall be conducted as directed by each complex area superintendent. The review shall determine whether: (1) There are strategies in place to address the students with dangerous behaviors at issue; (2) The strategies in place are effective in increasing appropriate behaviors of students with dangerous behaviors; and (3) New strategies need to be developed or current strategies need to be revised or changed to prevent the reoccurrence of dangerous behaviors. Patterns and trends in the data that are identified by the review shall be reported to the department. (i) Each public school shall maintain records of its reviews of restraint data and any resulting decisions or actions regarding the use of restraint. (j) The department shall review policies and procedures on the use of restraint, including by reviewing available data on such use, outcomes, settings, individual staff involvement, and programs, and the frequency of use for student populations categorized by: individual students; groups of students; gender; race; national origin; disability status and type of disability; and limited English proficiency, for the purposes of determining: (1) Whether policies for restraint are being applied consistently; (2) The accuracy and consistency with which restraint data is being collected, as well as the extent to which this data is being used to plan behavioral interventions and staff training; (3) Whether policies and procedures are being implemented with fidelity; (4) Whether policies and procedures continue to protect students; and (5) Whether policies and procedures remain properly aligned with applicable state statutes and administrative rules and consistent with privacy laws. (k) As used in this section: "Behavior intervention plan" means a proactive plan designed to address problem behaviors exhibited by a student in the educational setting through the use of positive behavioral supports and interventions. "Chemical restraint" means a drug or medication used on a student to control behavior or restrict freedom of movement; provided that the term does not include a drug or medication that is: (1) Prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional's authority under state law, for the standard treatment of a student's medical or psychiatric condition; and (2) Administered as prescribed by a licensed physician or other qualified health professional acting under the scope of the professional's authority under state law. "Emergency situation" means a student's behavior that poses an imminent danger of property damage or physical injury to the student, school personnel, or others and only for so long as the danger persists. "Mechanical restraint" means the use of devices as a means of restricting a student's freedom of movement or the ability to communicate in the student's primary language or mode of communication. "Physical restraint" means a personal restriction, other than a chemical or mechanical restraint, that immobilizes or reduces the ability of a student to move the student's arms, legs, or head freely. "Positive behavioral supports and interventions" means a systematic approach to embed evidence-based practices and data-driven decision-making to improve public school climate and culture and includes a range of systemic and individualized strategies to reinforce desired behaviors and diminish the reoccurrence of problem behaviors in order to achieve improved academic and social outcomes and increase learning for all students, including students with the most complex and intense behavioral needs. "Restraint" means: (1) A mechanical restraint; (2) A chemical restraint; or (3) A physical restraint. "Seclusion" means the confinement of a student alone in a room or structure from which the student is physically denied voluntary egress. [L 2014, c 206, pt of §2]

HRS §302A-1143 Attending school in what service area

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 person resides, unless: (1) The person is enrolled in a Hawaiian language medium education program or charter school; (2) A geographic exception to attend a school in another service area is requested and granted at the discretion of the department; (3) Out-of-service-area attendance is mandated by the department or by federal law; or (4) The person is enrolled in a career and technical education program under section 302A-1143.5. [L 1996, c 89, pt of §2; am L 2004, c 133, §5; am L 2012, c 133, §20; am L 2021, c 157, §4]

HRS §302A-1143.5 Career and technical education programs; enrollment

302A-1143.5. Career and technical education programs; enrollment (a) Any school having a career and technical education program shall enroll all students who submit a timely application for participation in the program and who: (1) Reside within the school's service area; (2) Were enrolled in the school during the previous school year; or (3) Reside outside the school's service area; provided that if enrolling all students pursuant to paragraphs (1), (2), and (3) will cause the enrollment of the school to exceed the capacity of a program, class, grade level, or building, the school shall enroll all students described in paragraphs (1) and (2) and fill any remaining capacity of the program, class, grade level, or building by selecting eligible students described in paragraph (3) through a lottery system. (b) The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section. [L 2021, c 157, §2]

HRS §302A-1145 Transfer to another school

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 district, unless the child produces to the school to be entered, a certificate of release of the school last attended by the child. If the child applies to attend a school of higher grade, a certificate of proficiency shall be required or a lawful excuse for its absence. The children from one district desiring to enter a school in another district may be received or admitted upon producing a certificate of release from the school last attended in the other district. [L 1996, c 89, pt of §2]

HRS §302A-1147 Use of school grounds by county recreation departments

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 use by the county requesting the same whenever this can be done without interference with the normal and usual activities of the school and its pupils. [L 1996, c 89, pt of §2]

HRS §302A-1148 Use of school facilities and grounds

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 do not interfere with the normal and usual activities of the school and its pupils. Any other law to the contrary notwithstanding, the department shall adopt rules under chapter 91 as are deemed necessary to carry out the purposes of this section and may issue licenses, revocable permits, concessions, or rights of entry to school buildings and grounds for such periods of use as deemed appropriate by the department. All such dispositions, including those in excess of fourteen days, need not be approved by the board of land and natural resources; provided that approval by the board of land and natural resources shall be required when the dispositions are for periods in excess of a year. The department may assess and collect fees and charges from the users of school buildings, facilities, grounds, and equipment, which include fees and charges assessed and collected by the department for parking on roadways and in parking areas under the jurisdiction of the department, pursuant to section 302A-1151.6. The fees and charges shall be deposited into a separate fund and expended by the department under rules as may be adopted by the board; provided that any parking fees assessed and collected by a school shall be deposited to the credit of that school's nonappropriated local school fund account. (b) A separate subaccount of the fund established pursuant to subsection (a), to be known as the school facilities subaccount, shall be established for all proceeds from the leases, permits, interest income generated from public school lands, and other revenue generated from the nonpermanent disposition of public school lands, including facilities, pursuant to section 302A-1151.1. The subaccount shall be governed by section 302A-1151.2. [L 1996, c 89, pt of §2; am L 2010, c 190, §3; am L 2013, c 155, §3]

HRS §302A-1148.5 Use of school grounds; assumption of risk

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 a student or member of the faculty or administration of that school, is deemed to assume the risk of liability for any injuries or death resulting from the use of the grounds, facilities, or equipment. This assumption of risk shall not apply if: (1) The person is an invitee or licensee to whom a duty of care is owed by the school; provided that the person has received prior written authorization from the school principal or other responsible person to use the school's grounds, facilities, or equipment; or (2) The injuries or death were caused by wilful or wanton misconduct, including but not limited to the wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which was knowingly created or perpetuated, and wilful or malicious failure to guard or warn against a dangerous activity which was knowingly perpetuated. [L 1997, c 285, §1]

HRS §302A-1149 Use of school facilities for after-school child care.

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 the operation of after-school child care programs. The board shall issue such rules as are necessary to carry out the purposes of this section. [L 1996, c 89, pt of §2]

HRS §302A-1149.5 After-school plus program revolving fund

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+ revolving fund shall consist of fees collected by the department for A+ and all interest earned on the deposit or investment of moneys in the after-school plus program revolving fund. (c) The department may establish appropriate fees and other charges to be assessed to each participant for A+. The revenues from those fees and charges shall be deposited into the revolving fund to be used for the program. [L 2004, c 221, §2; am L 2008, c 33, §2; am L 2012, c 133, §21]

HRS §302A-1151 Sale of school lands unnecessary for school purposes

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 state lands, including the buildings thereon, once used but no longer necessary for school purposes; provided that no school facility or portion of a school facility shall be sold before that facility or portion of the facility is made available for use by the department or charter schools, pursuant to sections 302A-1151.5 and 302D-24. [L 1996, c 89, pt of §2; am L 2010, c 144, §4; am L 2012, c 130, §9]

HRS §302A-1151.1 Pilot program for lease of public school land

302A-1151.1. Pilot program for lease of public school land (a) There shall be established within the school facilities authority a pilot program for the lease of public school land, including facilities. The school facilities authority, in consultation with any other appropriate agency, shall serve as the facilitator of the pilot program. (b) Notwithstanding sections 171-13 and 302A-1151, or any other law to the contrary, the school facilities authority may lease public school land on terms it deems appropriate, including a leaseback of all or a portion of the improvements constructed; provided that: (1) The school facilities authority may identify and select up to five public school land sites as candidates for participation in the pilot program; provided that: (A) During the identification and selection process, the school facilities authority shall be subject to chapter 92, shall hold at least one public meeting in each affected community, and shall foster school and community participation; and (B) If the site is on land owned by the county, the school facilities authority shall consult with the county; (2) The school facilities authority may lease public school land for no more than three public school land sites identified and selected by the school facilities authority pursuant to paragraph (1) under leases for a term of not more than ninety-nine years per lease, to lessees who shall be required to modify, construct, or utilize facilities to benefit public educational purposes, in accordance with specific request for proposal or request for information guidelines; (3) Each lease shall stipulate that the lessee may retain any revenue generated from the facilities; provided that: (A) The lessee shall be obligated to maintain and operate the facilities to benefit public educational purposes for the length of the lease; (B) The lessee shall be obligated to pay to the county all applicable property tax on the value of any improvements; (C) A leasehold premium may be charged to the lessee for the right to use the public school land based on a competitive process that complies with applicable sections of chapter 103D; (D) Upon the expiration of the lease, the facilities shall revert to the school facilities authority; and (E) All revenues and proceeds derived by the State under this section shall be deposited in the school facilities subaccount pursuant to section 302A-1151.2; and (4) Notwithstanding any law to the contrary, the school facilities authority may enter into leaseback agreements that allow the school facilities authority to lease or sublease the property to a third party. The school facilities authority may lease back the property from the third-party lessee or sublessee for a contractual period of time, after which the school facilities authority shall own any improvements. (c) Any redevelopment involving nonschool purposes shall: (1) Comply with county plans, ordinances, and zoning and development codes; and (2) Acquire all required government approvals and permits. (d) Nothing in this section shall preclude the school facilities authority from working with and receiving assistance from any other department or agency in carrying out the purposes of this section. (e) Any lease entered into by the school facilities authority pursuant to subsection (b) shall be fully executed no later than ten years from July 1, 2013. (f) For purposes of this section, public educational purposes shall include but are not limited to: (1) A new revenue source from the redevelopment of one or more underutilized school facilities authority facilities; (2) New construction of school facilities authority facilities or renovation of existing, underutilized school facilities authority facilities into a twenty-first century school; or (3) A combination of paragraphs (1) and (2). [L 2013, c 155, pt of §2; am L 2015, c 115, §1; am L 2017, c 206, §4; am L 2019, c 272, §2; am L 2021, c 217, §13; am L 2023, c 165, §2]

HRS §302A-1151.2 School facilities subaccount

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 school lands, including facilities, pursuant to section 302A-1151.1 shall be deposited into the school facilities subaccount established pursuant to section 302A‑1148(b). (b) Except as otherwise provided, all moneys in the school facilities subaccount shall be used exclusively for the new construction and upgrade of twenty-first century school facilities, as well as the repair and maintenance of existing school facilities. [L 2013, c 155, pt of §2]

HRS §302A-1151.5 Use of vacant public school facilities

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 the facilities of the public school available to charter schools and pre-plus programs; provided that the facilities may be used for any other purpose the board deems appropriate. (b) The department shall identify unused public school facilities that may be appropriate for: (1) Charter schools; (2) Early learning programs, such as the pre-plus program; and (3) Any other purpose the board deems appropriate. Suitable empty classrooms, as determined by the department, shall be inventoried for potential use by charter schools, early learning programs, such as the pre-plus program, or for any other purpose the board deems appropriate. Priority shall be given to facilities on sites with sufficient space for three or more classrooms. (c) The department shall adopt rules necessary to carry out the purposes of this section. (d) For purposes of this section, "public school" means any school that falls within the definition of public schools in section 302A-101, except for charter schools. [(e)] Upon receipt of a notice pursuant to subsection (b), the executive office on early learning shall solicit applications from pre-plus programs interested in using and occupying all or portions of the facilities of the public school and submit a prioritized list of pre-plus programs to the department for final determination of which pre-plus program, if any, shall be authorized to use and occupy the public school facilities. [L 2010, c 144, §2; am L 2012, c 130, §10 as superseded by c 133, §22 and c 178, §4]

HRS §302A-1151.6 Parking; control by department

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 the jurisdiction of the department. (b) The department, in accordance with chapter 91, may: (1) Assess fees for parking on roadways and in parking areas under the jurisdiction of the department; and (2) Adopt rules relating to the assessment and collection of fees for parking specified in this section. (c) Fees collected under this section shall be deposited into the same fund into which fees and charges assessed and collected by the department for the use of school facilities under section 302A-1148 are deposited; provided that any parking fees assessed and collected by a school shall be deposited to the credit of the school's nonappropriated local school fund account. (d) The department may contract with the department of accounting and general services or a private entity to implement this section. [L 2010, c 190, §2]

HRS §302A-1152 Unauthorized vehicles on school or public library grounds

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 the vehicle may be arrested by any police officer without warrant, on complaint of the principal, librarian, or other person in charge of the school or library. Notwithstanding any other law to the contrary, upon conviction for parking an unauthorized vehicle on school or public library grounds, the owner or driver of the vehicle shall be fined not more than $50. [L 1996, c 89, pt of §2]

HRS §302A-1153 Vandalism damage to public school property

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 any manner, including monetary restitution by the pupil or pupil's parents, or guardian, or both. This section shall be in addition to, and shall in no way limit the provisions of any other law concerning, offenses against property rights. (b) No pupil, parent, or guardian shall be required to make restitution in any manner unless the pupil and the parents or guardian have been notified and have been given an opportunity to be heard, on any report of vandalism involving the pupil, and the pupil, parent, or guardian have executed a written agreement to make restitution. (c) The principal of the school in which the vandalism occurred shall make or order an investigation of the vandalism. If after the investigation, the principal has reasonable cause to believe that a specific pupil is responsible for the vandalism, the principal shall schedule a conference with the pupil and the pupil's parents or guardian. Except for the principal of the school in which the vandalism occurred, the pupil and the parents or guardian, no other person shall be permitted to be in the conference for any reason. (d) At the conference, the principal of the school in which the vandalism occurred shall present the findings of the investigation and the requirements of restitution to the pupil and parents or guardian. If the pupil and the parents or guardian agree with the findings of the principal and the manner in which restitution is to be made, the principal and the pupil and parent or guardian shall execute a written agreement which shall specify the manner in which restitution is to be made. Agreements shall be made only for damages that do not exceed $3,500. If restitution is made in this fashion, then no information about the investigation, conference, and the actions taken shall be communicated to any person not directly involved in the proceedings. If the pupil and parent or guardian do not agree with the findings made by the principal, the principal shall report the findings, including all the records and documents regarding the investigation and conference, to the complex area superintendent, who shall review the findings and may refer the matter to the attorney general for any further action pursuant to section 577-3. (e) If the damages exceed $3,500, the principal shall report the matter to the complex area superintendent, who shall refer the matter to the attorney general for any further action pursuant to section 577-3. (f) Notwithstanding any provisions in this section to the contrary, the State may elect to bring any appropriate action for the recovery of all damages to school properties. Nothing in this section shall limit the right of the State to bring an action against any person to recover these damages. [L 1996, c 89, pt of §2; am L 2003, c 187, §11]

HRS §302A-1154 Immunization upon attending school; tuberculosis clearance

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 of health that the child has received immunizations against communicable diseases as required by the department of health. (b) No child shall attend any school for the first time in the State unless the child presents to the appropriate school official documentation satisfactory to the department of health that the child has been examined and tested according to the rules of the department and law and is free from tuberculosis in a communicable form. [L 1996, c 89, pt of §2; am L 1998, c 60, §1; am L 2000, c 109, §1; am L 2014, c 16, §3 and c 232, §11; am L 2017, c 94, §3]

HRS §302A-1155 Provisional attendance at school

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 representative of the department of health stating that the child is in the process of receiving the required immunizations. Further documentation showing that the required immunizations have been completed shall be submitted to the appropriate school official no later than three months after the child first attends the school. If all of the required immunizations cannot be completed within three months due to the length of the minimum intervals between doses of a particular vaccine required by the department of health, provisional attendance may be extended so long as the child's parent or guardian provides documentation that appointments for required immunizations have been made and that progress toward completing the immunizations continues in accordance with the requirements of the department of health. (b) Provisional attendance at school may be suspended by the department of health when there is danger of an epidemic from any of the communicable diseases for which immunization is required. [L 1996, c 89, pt of §2; am L 1997, c 217, §1; am L 1998, c 60, §2; am L 2000, c 109, §2; am L 2009, c 151, §8; am L 2014, c 16, §4 and c 232, §12]

HRS §302A-1156 Exemptions

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 physical condition of the child is such that immunizations would endanger the child's life or health; or (2) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's bona fide religious tenets and practices. Upon showing the appropriate school official satisfactory evidence of the exemption, no certificate or other evidence of immunization shall be required for entry into school. [L 1996, c 89, pt of §2; am L 2009, c 151, §9; am L 2014, c 45, §7]

HRS §302A-1157 Exemptions from immunization; not recognized; epidemic conditions

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 for which immunization is required under sections 302A-1154 to 302A-1163, no exemption from immunization against the disease shall be recognized. Quarantine shall be a legal alternative to immunization. [L 1996, c 89, pt of §2]

HRS §302A-1158 Immunization of indigent children

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 permit, to each child whose parents, guardians, or custodians cannot afford to have the child immunized or tested for tuberculosis, and who have not been exempted under section 302A-1156. Nothing in this section shall preclude the department of health from distributing immunizations and vaccines to physicians, advanced practice registered nurses, or other authorized persons as required by law or by the rules of the department of health. [L 1996, c 89, pt of §2; am L 1998, c 60, §3]

HRS §302A-1159 Physical examination required

302A-1159. Physical examination required (a) No child shall attend any school for the first time in the State unless the child presents to the appropriate school official a report from a licensed physician, physician assistant, or advanced practice registered nurse of the results of a physical examination performed within twelve months before the date of attendance at school. A child may attend school provisionally upon submitting written documentation from a licensed physician, physician assistant, advanced practice registered nurse, or other authorized representative of the department of health stating that the child is in the process of undergoing a physical examination. Further documentation showing that the required physical examination has been completed shall be submitted to the appropriate school official no later than three months after the child first attends the school. (b) Beginning with the 2017-2018 school year, every child entering seventh grade shall present to the appropriate school official written documentation from a licensed physician, physician assistant, or advanced practice registered nurse showing completion of a physical examination performed within twelve months before the date of attendance. The department shall send notification of the physical examination requirement to the child's parents or guardians, upon the child's entrance into sixth grade, and post the requirement on the department's website. By December 31 of each year, the department shall provide to the department of health a list of students attending seventh grade who have not submitted appropriate written documentation, along with directory information as allowed under the federal Family Educational Rights and Privacy Act. [L 1996, c 89, pt of §2; am L 1998, c 60, §4; am L 2000, c 109, §3; am L 2014, c 16, §5 and c 232, §13; am L 2016, c 185, §2]

HRS §302A-1160 Student's health record

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, and authorized personnel of the department of health. [L 1996, c 89, pt of §2; am L 1998, c 60, §5; am L 2000, c 109, §4]

HRS §302A-1161 Notification for noncompliance

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 by section 302A-1155 after provisional attendance at school, the administrator of the school shall cause a notice to be sent to the parent or guardian of the child stating that if the required immunizations or physical examination is not completed within thirty days of the date of the notice, the child shall not be permitted to attend school. [L 1996, c 89, pt of §2; am L 1997, c 217, §2; am L 2014, c 16, §6 and c 232, §14]

HRS §302A-1162 Rules

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. Immunizations required, and the manner and frequency of their administration, shall conform with recognized standard medical practices. The list of diseases and minimum requirements for protection under sections 302A-1154 to 302A-1163 may be revised whenever the department of health deems it necessary for the protection of public health. (b) The department shall establish by rule standards for documentation of compliance with school health requirements under sections 302A-1154 through 302A-1163. (c) The department may adopt, amend, or repeal rules pursuant to chapter 91 to establish a list of specific vaccines that are available or may become available. Notwithstanding the notice, public hearing, and comment requirements of chapter 91 and the provisions of chapter 201M, the director of health, in consultation with the state epidemiologist, may adopt, amend, or repeal as rules, the immunization recommendations of the United States Department of Health and Human Services, Advisory Committee on Immunization Practices, including interim recommendations, as they apply to the list of specific vaccines, if any, described in this subsection. The department shall make the adoption, amendment, or repeal of rules regarding United States Department of Health and Human Services, Advisory Committee on Immunization Practices immunization recommendations known to the public by: (1) Giving public notice of the substance of the proposed rules at least once statewide; and (2) Posting the full text of the proposed rulemaking action on the Internet as provided in section 91-2.6. The rules, when adopted, amended, or repealed pursuant to chapter 91 as modified by this section, shall have the force and effect of law. The department may defer the effective date of adopted, amended, or repealed rules to allow sufficient time to ensure compliance with the new, amended, or repealed rules. [L 1996, c 89, pt of §2; am L 2000, c 109, §5; am L 2013, c 231, §2]

HRS §302A-1163 Enforcement

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 of §2

HRS §302A-1164 Self-administration of medication by student

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) The department shall permit: (1) The self-administration of: (A) Medication by a student for asthma, anaphylaxis, diabetes, or other potentially life‑threatening illnesses; and (B) Blood glucose monitoring by a student; and (2) Department employees and agents to volunteer to administer: (A) Insulin or assist a student in administering insulin via the insulin delivery system that the student uses; (B) Glucagon in an emergency situation to students with diabetes; (C) Auto-injectable epinephrine in an emergency situation to students with anaphylaxis; or (D) Blood glucose monitoring or assist a student with blood glucose monitoring. (b) The student's parent or guardian shall provide the department with: (1) Written authorization for the self-administration of medication or the emergency administration of glucagon or auto-injectable epinephrine; (2) In the case of self‑administration of medication: (A) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student with diabetes may perform the student's own blood glucose checks, administer insulin through the student's insulin delivery system, and otherwise attend to the care and management of the student's diabetes during any school-related activity, and that the student may possess on the student's person all necessary supplies and equipment to perform the diabetes monitoring and treatment activities, if applicable; and (B) Written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student: (i) Has asthma, anaphylaxis, or another potentially life-threatening illness; and (ii) Is capable of, and has been instructed in, the proper method of self-administration of medication or blood glucose monitoring; and (3) In the case of administration of insulin or emergency administration of glucagon to a student with diabetes, blood glucose monitoring of a student, or auto-injectable epinephrine to a student with anaphylaxis, written certification from the student's physician, advanced practice registered nurse, or physician assistant stating that the student has medical orders that insulin, glucagon, blood glucose monitoring, or auto-injectable epinephrine may be administered by a volunteer. (c) The department shall inform the student's parent or guardian in writing that the department and its employees or agents shall not incur any liability as a result of any injury arising from compliance with this section. (d) The student's parent or guardian shall sign a statement acknowledging that: (1) The department and its employees or agents shall not incur any liability as a result of any injury arising from compliance with this section; and (2) The parent or guardian shall indemnify and hold harmless the department and its employees or agents against any claims arising out of compliance with this section. (e) The permission shall be effective for the school year for which it is granted and shall be renewed for each subsequent school year upon the fulfillment of the requirements in this section. (f) Notwithstanding any other law to the contrary, a student who is permitted to self-administer medication under this section shall be permitted to carry an inhaler or auto‑injectable epinephrine, or both, at all times if the student does not endanger the student's person or other persons through the misuse of the inhaler; provided that the department, its employees or agents may confiscate a student's medication, inhaler, or auto-injectable epinephrine if the student's self‑administration of the medication exceeds the student's prescribed dosage, or if the student endangers others with the student's medication, inhaler, or auto-injectable epinephrine. For the purposes of this section, the term "inhaler" includes: (1) Metered-dose, breath-actuated, and dry powder inhalers; and (2) Spacers and holding chambers. (g) Any employee or agent who volunteers to administer insulin or glucagon in an emergency situation to a student with diabetes or auto-injectable epinephrine to a student with anaphylaxis or who volunteers to administer or assist a student with blood glucose monitoring shall receive instruction in the proper administration of insulin, glucagon, auto-injectable epinephrine, or blood glucose monitoring by a qualified health care professional. A "qualified health care professional" means a licensed physician, physician assistant, advanced practice registered nurse or registered nurse, or certified diabetes educator. The student's parent or guardian shall supply the school with the glucagon kit required to administer the glucagon, any supplies necessary to administer insulin, blood glucose monitoring, or with auto-injectable epinephrine supplies to administer epinephrine. The school shall store the glucagon kit, insulin supplies, blood glucose monitoring supplies, or auto-injectable epinephrine supplies in a secure but accessible location. (h) Any person, except for a qualified health care professional providing the training required in subsection (g), who acts in accordance with the requirements of this section shall be immune from any civil or criminal liability arising from these acts, except where the person's conduct would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct. [L 2004, c 19, §1; am L 2005, c 207, §1; am L 2009, c 151, §10; am L 2015, c 214, §1; am L 2016, c 10, §1]

HRS §302A-1165 Standardized assessment for students entering kindergarten

302A-1165. Standardized assessment for students entering kindergarten (a) The board of education shall adopt a kindergarten entry assessment, and the department of education shall administer the kindergarten entry assessment. (b) The kindergarten entry assessment shall: (1) Be administered within the first thirty days of each child's admission into kindergarten; (2) Be a uniform, statewide assessment; provided that the assessment shall be conducted in English or Hawaiian; (3) Cover all essential domains of school readiness, including: (A) Language and literacy development; (B) Cognition and general knowledge; (C) Approaches to learning; (D) Physical well-being and motor development; and (E) Social and emotional development; (4) Be used in conformance with the recommendations of the National Research Council reports on early childhood; and (5) Be valid and reliable for its intended purpose. (c) Information obtained from the kindergarten entry assessments shall be used to: (1) Close the school readiness gap at kindergarten entry; (2) Inform instruction in the early elementary school grades; and (3) Inform parents of their children's status and to involve parents in decisions regarding their children's education. (d) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, and state public charter school commission to the extent not otherwise prohibited by administrative rule or law. [L 2020, c 46, pt of §2; am L 2021, c 210, §9 and c 230, §5]

HRS §302A-1166 Prior early learning programs attendance disclosure

302A-1166. Prior early learning programs attendance disclosure (a) At least one parent or guardian of each child entering kindergarten shall disclose to the department the name of, address of, and duration of attendance at the early learning program that the child attended during the previous academic year. The department may also require the disclosure of any other information not otherwise prohibited by law that would assist the department, the department of human services, and the executive office on early learning in developing, assessing, and implementing strategies to meet the early learning needs of children in the State. The department and the executive office on early learning shall use the information to assist the executive office on early learning and department of human services in determining the levels of prekindergarten attendance and need for child care in geographic regions of the State and identify the highest priority regions requiring prekindergarten programs and child care to meet the needs of unserved or underserved eligible children. (b) The department may include a request for the information required by subsection (a) on a kindergarten enrollment form or any other appropriate form. (c) The department shall share the information gathered pursuant to this section with the department of human services, executive office on early learning, and state public charter school commission to the extent not otherwise prohibited by administrative rule or law. [L 2020, c 46, pt of §2; am L 2021, c 230, §6]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/HRS_0302A-.htmFetched: 11/10/2026