Chapter 302A
Education
CHAPTER 302A
EDUCATION
Part I. General Provisions
Section
A. Miscellaneous
302A-101 Definitions
302A-102 Smoking prohibited; exception
B. Board of Education
302A-121 Board of education; members; student and military
representatives
302A-122 Board of education; eligibility
302A-123 Board of education; terms
302A-124 Board of education; organization; quorum; meetings
302A-125 Board of education; vacancies
302A-126 Board of education; qualifications; administration
priorities
302A-127 Board of education; senate advice and consent
Part II. Provisions Affecting Students
A. Student Performance Standards
302A-201 Statewide performance standards
302A-202 Repealed
B. Curriculum and Instruction
302A-251 School year; student hours
302A-301 Repealed
302A-305 Education research and development revolving fund
302A-321 Standards-based curriculum
302A-322 American Sign Language
C. Supplementary Programs
302A-401 Dual credit program
302A-401.5 Repealed
302A-402, 403 Repealed
302A-404 School meals
302A-405 School cafeterias; funds; expenditures
302A-406 Transportation of school children
302A-407 School bus contracts
302A-407.5 School bus fare revolving fund
302A-408 After-school and weekend programs
302A-409, 410 Repealed
302A-411 Kindergarten program; establishment; attendance
302A-412 Blind or visually handicapped concessionaires
302A-413 Driver education
302A-414 Courses for instructors in driver education
302A-415 Motor vehicles for driving instruction; purchase
and sale
302A-416 Driver education fee
302A-417 Traffic safety education
302A-418, 419 Repealed
302A-420 Profits to pupils
302A-421 to 423 Repealed
302A-424 Regulation of other schools and classes
302A-425 License required for private trade, vocational,
or technical school
302A-426 Suspension and revocation of license; procedure
302A-427 Powers of department
302A-428 Penalty
302A-429 Repealed
302A-430 Coverage for workers’ compensation
302A-431 Rules; reporting
302A-431.5 to 431.8 Repealed
302A-431.9 Veterans high school diploma for armed services
veterans and others
302A-432 Adult and community education authorized
302A-433 Scope of adult and community education programs
offered
302A-434 Advisory council for adult and community
education
302A-435 Financing adult and community education program
302A-436 Departmental duty toward exceptional children
302A-437 Repealed
302A-438 Facilities, service, when required
302A-439 Eligibility standards
302A-440 Coverage for workers’ compensation of an
exceptional child
302A-441 Studies, surveys, rules
302A-442 Occupational therapy services, physical therapy
services, school health services, mental health
services, psychological services, and medical
services for diagnostic or evaluative purposes
302A-442.5 Instructional materials; exceptional children
302A-443 Administrative hearing procedures and subpoena
power relating to the education of children
with a disability
302A-443.5 Education of students with disabilities; private
residential facilities; special education schools
or programs; accreditation
302A-444 to 446 Repealed
302A-447 State student council
D. Gender Equity in Sports
302A-461 Gender equity in athletics
302A-462 to 467 Repealed
E. School-to-Work–Repealed
302A-471 to 475 Repealed
F. Full Participation in School Act
302A-481 Definitions
302A-482 Affidavit for caregiver consent
302A-483 Penalties
302A-484 Transfer by the department of education
G. Adult Special Education Transfer of Rights for
Students with Disabilities Upon Reaching the
Age of Majority
302A-491 Power of attorney for special education
302A-492 Revocation of the power of attorney for special
education
302A-493 Appointment of an educational representative;
conditions
302A-494 Reconsideration of the need for an educational
representative
302A-495 Decisions by guardian
302A-496 Duties and roles of the agent and educational
representative
302A-497 Educational information
302A-498 Effect of copy
H. Student Online Personal Information Protection
302A-499 Definitions
302A-500 Prohibited activity; permitted disclosures and uses;
limitations
Part III. Provisions Affecting School Personnel
A. Specific Definitions
302A-501 Definitions
B. Employment Conditions and Compensation
302A-601 Repealed
302A-601.3 Repealed
302A-601.5 Employees of the department of education and
teacher trainees in any public school; criminal
history record checks
302A-602 Teachers; licenses and certificates
302A-602.5 Certificates; revocation
302A-603 Teaching without certificates or licenses;
penalty
302A-604 Complex area superintendents
302A-604.5 Repealed
302A-605 Principals and vice-principals
302A-606, 607 Repealed
302A-608 Reemployed teachers; rights
302A-609 Causes for discharge or demotion; preferred
eligibility list
302A-610 Job-sharing
302A-611 Authorized leaves of absence; tenure status
unaffected
302A-612 School teachers afflicted with tuberculosis
302A-613 Exchange teachers and educational officers; terms
of contract
302A-614 Sabbatical leaves authorized
302A-615 Pay while on sabbatical
302A-616 Conditions of sabbatical leave of absence
302A-617 Repealed
302A-618 Classification, teachers
302A-619 Classification, educational officers
302A-620 Classification/compensation appeals board;
adjustments to classification/compensation plan
302A-621 Salary; deputy superintendent, assistant
superintendents, complex area superintendents
302A-622 Repealed
302A-623 Salary ranges, educational officers
302A-624 Teachers’ salary schedule
302A-625 Educational officers’ salary schedules
302A-626 Repealed
302A-627 Salary ratings of entering or reentering
teachers; credit for military service
302A-628 Change in classification
302A-629 Educational officers; demotion, transfers
302A-630 Teachers; additional benefits or credits
302A-631 Educational officers with special assignments;
principals and vice-principals at special needs
schools
302A-632 Additional benefits to certain school personnel
and teachers
302A-633 Repealed
302A-633.5 Repealed
302A-633.6 Allocations for coaches
302A-634, 635 Repealed
302A-636 Cafeteria managers
302A-637 Cafeteria workers
302A-638 Evaluation of teachers and educational officers
302A-638.5 Repealed
302A-639 Houseparents; statewide center for students with
hearing and visual impairments
302A-640 Repealed
302A-641 Meal count assistants, adult supervisors, and
classroom cleaners; minimum wage
C. Staff Development and Incentives
302A-701 Incentive packages for quality teachers,
principals, and vice-principals
302A-702 Candidates for certification
302A-703 Educational officers, salary incentives
302A-704 Tuition assistance for exemplary teachers to
attend the University of Hawaii
302A-705 Repealed
302A-706 Teacher national board certification
incentive program
302A-707 Felix stipend program special fund
302A-708 Career development opportunities
D. Hawaii Teacher Standards Board
302A-801 Hawaii teacher standards board established
302A-802 Licensing standards; policies
302A-803 Powers and duties of the board
302A-804 Powers and duties of the department, commission,
and charter schools
302A-805 Teachers; license required; renewals
302A-805.5 Approval of teacher education programs;
professional development of teachers
302A-805.6 Efforts related to teacher quality
302A-806 Hawaii teacher standards board special fund
302A-807 Refusal, suspension, revocation, and
reinstatement of licenses
302A-808 Penalty
302A-809 Repealed
E. Teachers’ Housing
302A-831 Repealed
302A-832 Teachers’ housing program; administration
302A-833 Teachers’ housing revolving fund
302A-834 Annual statements
302A-835 Annual review; disposal of units
F. School Health Services Program
302A-851 Purpose; establishment of program
302A-852 Teenage health program
302A-853 Administration of medication
302A-854 School health aides; compensation
302A-855 Repealed
Part IV. Provisions Affecting System Structure
A. Specific Definitions
302A-901 Specific definitions
B. Accountability
302A-1001 Student bias
302A-1002 Reporting of crime-related incidents
302A-1003 Indemnity upon reporting
302A-1004 Educational accountability system; annual
reports
302A-1005 Reconstituting schools
C. Organization
302A-1101 Department of education; board of education;
superintendent of education
302A-1102 Department of education; statewide
administrative services
302A-1193 to 1106 Repealed
302A-1105, 1106 Repealed
302A-1106.5 Board of education; community meetings
302A-1107 to 1109 Repealed
302A-1110 Educational districts not applicable
302A-1111 Duties of superintendent
302A-1112 Rules
302A-1113 Seal
302A-1114 Power of appointment, removal
302A-1115 Repealed
302A-1116 Authority to create temporary positions
302A-1117 Records, evidence
302A-1118 Publications by department
302A-1119 Repealed
302A-1120 Public library system; board control
302A-1121 Repealed
302A-1122 Gifts
302A-1123 to 1123.6 Repealed
302A-1124 Mandate to initiate school community councils
302A-1125 Educational objectives
302A-1126 Waiver of policy, rule, or procedures
302A-1127 Repealed
302A-1128 Department powers and duties
302A-1129 Schools; opening and closing
302A-1130 Public schools special fees and charges
302A-1130.5 Repealed
302A-1130.6 Curricular materials fee special account
302A-1131 Repealed
302A-1132 Attendance compulsory; exceptions
302A-1133 Emergency measures
302A-1133.5 Parent and guardian accountability for compliance
with student code of conduct
302A-1134 Exclusion from school
302A-1134.5 Repealed
302A-1134.6 Zero tolerance policy
302A-1135 Penalty
302A-1136 Enforcement
302A-1137 Attendance records; availability to authorized
police officers
302A-1138 Permit to leave grounds
302A-1139 Religious education
302A-1140 Religious holy days
302A-1141 Punishment of pupils limited
302A-1141.3 Use of seclusion, chemical restraint, or mechanical
restraint prohibited
302A-1141.4 Use of physical restraint limited; notification;
policies and procedures; training; review
302A-1142 Repealed
302A-1143 Attending school in what service area
302A-1144 Repealed
302A-1145 Transfer to another school
302A-1146 Repealed
302A-1147 Use of school grounds by county recreation
departments
302A-1148 Use of school facilities and grounds
302A-1148.5 Use of school grounds; assumption of risk
302A-1149 Use of school facilities for after school child
care
302A-1149.5 After-school plus program revolving fund
302A-1150 Repealed
302A-1151 Sale of school lands unnecessary for school
purposes
302A-1151.1 Pilot program for lease of public school land
302A-1151.2 School facilities subaccount
302A-1151.5 Use of vacant public school facilities
302A-1151.6 Parking; control by department
302A-1152 Unauthorized vehicles on school or public library
grounds
302A-1153 Vandalism damage to public school property
302A-1154 Immunization upon attending school; tuberculosis
clearance
302A-1155 Provisional attendance at school
302A-1156 Exemptions
302A-1157 Exemptions from immunization; not recognized;
epidemic conditions
302A-1158 Immunization of indigent children
302A-1159 Physical examination required
302A-1160 Student’s health record
302A-1161 Notification for noncompliance
302A-1162 Rules
302A-1163 Enforcement
302A-1164 Self-administration of medication by student
and emergency administration; self-testing and
self-management of diabetes by student; assistance
with diabetes testing; blood glucose monitoring by
student; assistance with blood glucose monitoring;
permitted
D. New Century Charter Schools–Repealed
302A-1181 to 1192 Repealed
Part V. Provisions Affecting Financial Structure
A. Specific Definitions–Repealed
302A-1201 Repealed
B. Budget
302A-1301 School system financial accountability
302A-1301.5 Curricular materials; digital format
302A-1302, 1303 Repealed
302A-1303.5 Committee on weights
302A-1303.6 Weighted student formula
302A-1304 Repealed
302A-1305 Inactive student activity accounts
302A-1306, 1307 Repealed
302A-1308 Repealed
302A-1309 Repealed
302A-1310 Out-of-school time instructional programs; funds,
expenditures
302A-1311 Appropriations for trust funds of the department
of education
302A-1312 Six-year program and financial plan for school
repair and maintenance
302A-1313, 1315 Repealed
302A-1314 Hawaii 3Ts school technology laboratories fund
C. Federal Funding
302A-1401 Administration and use of federal funds
302A-1402 Custodian of federal funds
302A-1403 Authority to secure federal funds
302A-1404 Federal impact aid military liaison
302A-1405 Federal grants revolving fund
302A-1406 Department of education federal revenue
maximization program revolving fund; established
Part VI. Provisions Affecting Facilities
A. Facilities and Equipment
302A-1501 to 1502 Repealed
302A-1502.4 Hawaii 3R’s school improvement fund
302A-1502.5 Repealed
302A-1502.6 Repealed
302A-1503 Donated school equipment and fixtures; repair and
maintenance responsibility
302A-1504 Repealed
302A-1504.5 School-level minor repairs and maintenance
special fund; reporting of carry over funds
302A-1505 Repealed
302A-1506 Public school facilities
302A-1506.5 Repealed
302A-1507 Classroom cleaning project; established
302A-1508 Education design and construction project
assessment fund
302A-1509 Environmentally-sensitive cleaning and maintenance
products for use in public schools
302A-1510 Sustainable schools initiative
B. School Impact Fees
302A-1601 Findings
302A-1602 Definitions
302A-1603 Applicability and exemptions
302A-1604 Designation of school impact districts
302A-1605 Impact fee analysis
302A-1606 Land component impact fee; determining the
amount of land or fee in lieu
302A-1607 Construction cost component impact fee;
determining the amount of the fee
302A-1608 Accounting and expenditure requirements
302A-1609 Refunds of fees
302A-1610 Credits for land dedication
302A-1611 Credits for excess contributions or advance
payment of required construction cost component
impact fees
302A-1612 Use of data reflecting recent conditions in
impact fee calculations
Part VII. Secondary School Students Conference
302A-1801 Purpose
302A-1802 Student conference committee
302A-1803 Duties of the student conference committee
302A-1804 Student conference advisory committee
302A-1805 Annual conference
Note
Pacific-Asia institute for resilience and sustainability. L 2014, c 229.
Bullying, cyberbullying, and harassment; compliance reports to board. L 2011, c 214.
Concussion educational program. L 2012, c 197; L 2016, c 262.
Declining balance debit card pilot project for school year 2016-2017; report to 2018 legislature. L 2016, c 124, §4(22).
Establishing E academies. L 1999, c 178, §17.
Human resource management model for Waianae complex schools (pilot project). L 2007, c 268.
Non-school hour programs for children and youth, annual report by office of youth services. L 2006, c 281.
Pilot program for lease of public school land; reports to legislature until completion of projects. L 2013, c 155, §4.
Professional development schools grant program. L 2001, c 313.
Report to 2018 legislature on department’s progress in implementing use of restraint statutes and expenditure of funds. L 2016, c 151, §1.
Reports to 2017-2018 legislature on progress in complying with licensure and certification requirements of chapter 465D. L 2016, c 107, §3.
Science and technology plan incorporating EPSCor (experimental program to stimulate competitive research) efforts (reports from 2011 and every 5 years thereafter). L 2009, c 137.
Single school calendar. L 2004, c 51, §49; L 2011, c 24.
Skilled worker and business development center at each community college. L Sp 2009, c 34.
Substance abuse treatment programs in schools with greatest need. L 2006, c 268.
Working group on age-appropriate development for children from birth to age five years who are deaf, hard of hearing, or deaf-blind; reports to 2017-2018 legislature (ceases to exist June 30, 2018). L 2016, c 177, §3.
This chapter, enacted by L 1996, c 89, is based on repealed chapters 296, 296C, 296D, 297, 297D, 298, 299, 300, and 301. As appropriate, amendments made to the repealed chapters by cc 48, 90, 91, 122, 123, 160, 162, 265, and 298 of the 1996 session are incorporated into the corresponding sections of chapter 302A.
Pursuant to §23G-15(1), the revisor has omitted all reserved section numbers and renumbered the remaining sections of this chapter as enacted by L 1996, c 89.
Hawaii broadband task force (repealed July 1, 2009). L Sp 2007, c 2.
Human resource management model for Waianae complex schools (pilot project). L 2007, c 268.
Kauai community college–Hawaii excellence through science and technology academy pilot program (reports through 2010 legislature). L 2007, c 111, §§7 to 10.
Interstate compact on educational opportunity for military children, see chapter 311D.
Cross References
Building permit requirements for new developments in school impact districts, see §46-142.5.
Impact fees for public highways, see §§364-121 to 127.
Department of education; organization and functions, generally, see §26-12. See also Const. Art. X.
Departmental data sharing (improving educational and workforce outcomes), see §27-7.
Employment of retirants, see §88-9.
Hawaii agriculture workforce advisory board, see §371-19.
Hawaii farm to school program, see §141-11.
Interstate compact on educational opportunity for military children, see chapter 311D.
K-12 agriculture workforce development pipeline initiative, see §371-21.
Medical marijuana patient and caregiver protections, see §329-125.5.
Law Journals and Reviews
Regression by Progression: Unleveling the Classroom Playing Field Through Cosmetic Neurology. 33 UH L. Rev. 193 (2010).
Translation v. Tradition: Fighting for Equal Standardized Testing ma ka Ōlelo Hawaii. 36 UH L. Rev. 487 (2014).
“Language Is Never About Language”: Eliminating Language Bias in Federal Education Law to Further Indigenous Rights. 37 UH L. Rev. 381 (2015).