HRS §302A-101 Definitions
302A-101. Definitions
As used in this chapter, the following terms have the following meanings unless the context indicates otherwise:
"Air conditioning" means any
mechanical device that cools or heats air.
"Attend" or "attendance"
means a student is physically present in school after enrollment.
"Authorizer" has the same meaning as
in section 302D-1.
"Board" means the board of education.
"Cafeteria workers" includes all
employees of any public school cafeteria other than the cafeteria manager.
"Career and technical education
program" means a program operated by a school that primarily focuses on
learning and skill development in students through the practical application of
academic and technical skills and knowledge.
"Charter schools" has the same
meaning as in section 302D-1.
"Commission" has the same meaning as
in section 302D-1.
"Complex" means the high school and
those elementary, middle, and intermediate schools that feed into the high
school as designated by the department.
"Complex area" means the
administrative unit that includes one or more complexes as designated by the
department.
"Complex area superintendent" means
the chief administrative officer of a complex area and the complexes therein.
"Computer science" means the study of
computers and algorithmic processes. "Computer science" includes
principles, hardware and software designs, implementation, and impacts on
society.
"Computer science content" means
courses of instruction that provide:
(1) Computer science instruction that is integrated
with another subject; and
(2) A final grade to each student.
"Computer science courses" means
courses of instruction that provide:
(1) Computer science instruction in stand-alone
implementations; and
(2) A final grade to each student.
"Curricular
materials" means any systematically organized material designed to provide
a specific level of instruction in a subject-matter category, including
textbooks, instructional materials, library books, equipment, computer
software, digital content accessed through a computer or other electronic
medium, digital content available through an internet-based provider of course
content, or supplies used in a particular course of study.
"Department" means the department of
education.
"Department school" means any school
that falls within the definition of "public schools", as that term is
defined in section 302A-101, and is not a charter school.
"District" means the state public
education system as a whole, except as used by the department for federal
compliance and reporting requirements.
"EDN 100" means the budget program
identification number for the school-based budgeting program within the
department.
"Educational officers" includes
principals, vice-principals, and professional employees of the state and
district offices of the department, except those employees in the classified
service.
"Enroll" or "enrollment"
means a student has met all of the department's requirements for entrance and
is formally placed on a school's roll.
"Exceptional children" includes:
(1) Persons under twenty-two years of age who deviate
from the so-called normal person in physical, mental, social, or emotional
characteristics or abilities to such an extent that specialized training,
techniques, and equipment are required to enable these persons to attain the
maximum of their abilities or capacities; provided that "exceptional
children" shall not include "gifted and talented children";
(2) Persons under twenty-two years of age who by
reason of physical defects cannot attend the regular public school classes with
normal children; and
(3) Persons under twenty-two years of age who are
certified by a licensed physician eligible for membership in the state medical
society as being emotionally maladjusted or intellectually incapable of
profiting from ordinary instructional methods.
"Incumbent teachers" refers to
teachers presently in service or on authorized leaves from the department.
"License" means the recognition
granted by the Hawaii teacher standards board to an individual to practice the
profession of teaching. This definition shall not apply to the term
"license" as it is used in sections 302A-425 and 302A-426.
"Private trade, vocational, or technical
school" means an organization or corporation that provides instruction in
any form or manner in any trade, occupation, or vocation for a consideration,
reward, or promise of whatever nature, except:
(1) Schools maintained, or classes conducted, by
employers for their own employees where no fee or tuition is charged;
(2) Courses of instruction given by any fraternal
society, benevolent order, or professional organization to its members, which
courses are not operated for profit;
(3) Classes conducted for less than five students at
one and the same time;
(4) Classes or courses of instruction that are
conducted for twenty or fewer class sessions during any twelve-month period;
(5) Avocational, hobby, recreation, or health classes
or courses;
(6) Courses of instruction on religious subjects
given under the auspices of a religious organization; and
(7) Schools registered or authorized by the
department of commerce and consumer affairs or by boards and commissions placed
in the department of commerce and consumer affairs for administrative purposes.
"Public office" excludes notaries
public, reserve police officers, officers of emergency organizations for
civilian defense or disaster relief, or county charter commissions.
"Public schools" means all academic
and noncollege type schools established and maintained by the department and
charter schools governed by chapter 302D.
"School-based budget flexibility"
means an operating budget preparation and allocation process that provides
maximum flexibility to individual schools, complexes, and learning support
centers in the preparation and execution of their operating budgets.
"School meals" means breakfast and
lunch prepared and served by a school cafeteria.
"Special facilities" includes
buildings, equipment, and materials; transportation; boarding homes; and personnel
qualified to work with exceptional children.
"Special services" means
physiotherapy, or any form of muscle training, speech training, occupational
therapy, vocational training, psychological evaluation, or any of them.
"Superintendent" means the
superintendent of education.
"Teacher" means a person whose duties
in the public educational system are primarily teaching or instruction of
students or related activities centered primarily on students and who is in
close and continuous contact with students, and shall include but not be
limited to classroom teachers, school librarians, counselors, registrars, and
special education teachers.
"Vandalism" includes, but is not
limited to, mischievous or malicious destruction of property, such as breakage
of windows, lockers, and doors.
"Weighted student formula" means a
formula for allocating operating moneys to individual public schools that
includes a system of weighted characteristics affecting the relative cost of
educating each student attending a public school.
[L 1996, c 89, pt of §2 and
am c 48, §1; am L 1997, c 144, §3; am L 1999, c 62, §3; am L 2002, c 16, §16;
am L 2003, c 187, §1; am L 2004, c 51, §§5, 6, and 22, c 220, §2, and c 221,
§8; am L 2005, c 87, §3; am L 2006, c 298, §8; am L 2007, c 115, §4; am L 2009,
c 26, §2; am L 2012, c 130, §7 and c 133, §6; am L 2013, c 159, §2; am L 2014,
c 9, §3, c 16, §1, c 39, §1, c 215, §2, and c 232, §§5, 6; am L 2015, c 108, §4;
am L 2016, c 112, §2; am L 2017, c 164, §3; am L 2019, c 276, §3; am L 2021, c
157, §3 and c 158, §2]