Hawaii Administrative Code

As used in this chapter, unless the context indicates otherwise: "Board" means the board of education. "Department" means the department of education. "Information" means data pertaining to the rules, policies, regulations, procedures, programs and structure of the department. It…

The term "information" excludes the following: (1) Education records as defined by section 8-34-3(d); (2) Data subject to federal or state laws insuring the right of privacy for students, teachers, administrators or other department personnel; (3) Data pertaining to an action or …

(a) At the local level, requests for information or submitted suggestions, concerns or complaints pertaining to a specific public school or public library shall be directed to the principal or vice principal of the respective school or to the established school-community council …

Requests for information or submittal of concerns relating to public education or public libraries in Hawaii may be made by telephone, correspondence, at meetings, or by personal visit. Notes Haw. Code R. § 8-5-6 [Eff. AUG 22, 1983] (Auth: HRS § 302A-1112) (Imp: HRS §§ 91-2(l), 3…

(a) Requests or concerns not satisfactorily addressed at the local level shall be directed to the district office in which the school or public library is located. (b) Requests or concerns not satisfactorily addressed at the district level shall be directed to the office of the s…

(a) Requests for information or submit suggestions, concerns or complaints relating to local or district level matters, and requiring coordination with other schools or public libraries, districts, or agencies, shall be addressed within three working days. (b) Requests for genera…

(a) News releases on matters relating to board actions, statewide departmental policies, and related information shall be issued by the superintendent or a designee, or the state librarian or a designee. (b) The district administrators, school principals, head librarians, or desi…

Notes Haw. Code R. §§ 8-500-1 to 8-500-6 APR 4, 2014

This chapter governs the practice and procedure before the state public charter school commission under chapter 302D, HRS, and shall be construed to effectuate the purposes of that chapter and to secure the just and efficient determination of every proceeding. Notes Haw. Code R. …

As used in this chapter: "Board" means the board of education. "Chairperson" means the chairperson of the state public charter school commission. "Commission" means the state public charter school commission established pursuant to section 302D-3, HRS, as a statewide authorizer. …

(a) The office of the commission is in Honolulu, Hawaii. All communications to the commission shall be addressed to the commission's office unless otherwise directed by the commission. (b) The office of the commission shall be open from 7:45 a.m. to 4:30 p.m., each day of the wee…

(a) The commission may meet and exercise its power in any part of the State of Hawaii. All meetings shall be conducted in accordance with chapter 92, Hawaii Revised Statutes. (b) The commission shall afford all interested persons an opportunity to submit data, views, arguments or…

(a) All government records of the commission shall be available for inspection in the office of the commission during established office hours, unless public inspection of these records is prohibited by law. (b) Government records printed or reproduced by the commission shall be …

The time in which any act provided in this chapter or any rule, policy, or procedure of the commission is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or holiday and then it is also excluded. Unless otherwise…

The commission, on its own motion, or on petition of any interested person, group, organization, or agency may hold proceedings as it may deem necessary from time to time for the purpose of obtaining information necessary or helpful in the determination of its policies, the carry…

The attorney general or a designated representative serving in the attorney general's capacity as counsel for the commission, shall be a party to all proceedings governed by chapters 8-501 to 8-504. The attorney general or designated representative shall be designated as "Counsel…

Upon motion and for good cause shown, the commission may order substitution of parties, except that in case of death of a party, substitution may be ordered without the filing of a motion. Notes Haw. Code R. § 8-502-11 [Eff. 10/4/2018] (Auth: HRS § 302D-3.5) (Imp: HRS § 302D-3.5)…

The commission, upon its own initiation or upon motion, may consolidate for hearing or for other purposes two or more proceedings which involve substantially the same parties, or issues which are the same or closely related, if it finds that consolidation will be conducive to the…

(a) All pleadings, submittals, petitions, reports, exceptions, briefs, memoranda, and other papers required to be filed with the commission in any proceeding shall be filed with the commission chairperson. The papers may be sent by mail or hand-carried to the commission's office …

The commission chairperson shall maintain a docket of all proceedings and each proceeding shall be assigned a number. Notes Haw. Code R. § 8-502-3 [Eff. 10/4/2018] (Auth: HRS § 302D-3.5) (Imp: HRS § 302D-3.5)

In computing any period of time prescribed by chapters 8-501 to 8-504, or order of the commission, the day of the act, event, or default, after which the designated period of time is to run, is not to be included unless it is a Saturday, Sunday, or legal holiday in the State, in …

Whenever a person or agency has a right or is required to take action within the period prescribed or allowed by chapters 8-501 to 8-504, by notice given thereunder or by an order, the commission or executive director, before the expiration of the prescribed period, with or witho…

If any document initiating or filed in a proceeding is not in substantial conformity with the applicable rules of the commission as to the contents thereof, or is otherwise insufficient, the commission, on its own motion, or on motion of any party, may strike or dismiss the docum…

All documents filed with or presented to the commission may be retained in the files of the commission. However, the commission may permit the withdrawal of original documents upon submission of properly authenticated copies to replace the documents. Notes Haw. Code R. § 8-502-7 …

(a) Unless otherwise provided by statute, rule, or order of the commission, all information contained in any pleading, submittal, petition, statement, recommendation, report, or other document filed with the commission pursuant to the requirements of a statute or rule or order of…

All final orders, opinions or rulings entered by the commission in a proceeding and rules adopted by the commission shall be certified and served upon the parties or persons participating in the proceeding by regular mail or personal delivery by the commission and shall be releas…

(a) When pursuant to a petition therefor, or upon its motion, the commission proposes to adopt, amend or repeal a rule, notice of proposed rulemaking shall be published at least once statewide and posted on the Internet as provided in section 91-2.6, Hawaii Revised Statutes. The …

(a) Unless otherwise specifically directed by the commission, all public hearings shall be held at Honolulu when the entire State or where two or more islands thereof are affected by the proposed adoption, amendment, or repeal of a rule. When a matter affects only an island or di…

At the final public hearing, the commission may make its decision or the presiding officer shall announce the date when the commission's decision shall be made. The commission shall consider all relevant comments and material of record before taking final action in a rulemaking p…

Notwithstanding sections 8-503-1 through 8-503-4, if the commission finds that an imminent peril to public health, safety, or morals requires the adoption, amendment, or repeal of a rule upon less than thirty days' notice of hearing, and states in writing its reason for the findi…

(a) Any interested person, organization, or agency may petition the commission for the adoption, amendment, or repeal of any rule, which is designed to implement, interpret, or prescribe law, policy, organization, procedure, or practice requirements of the commission. (b) Petitio…

This chapter governs the application process to become a charter school, renewal or nonrenewal of charter contracts, and revocation of charter contracts pursuant to chapter 302D, Hawaii Revised Statutes. Notes Haw. Code R. § 8-505-1 [Eff NOV 30, 2014] (Auth: HRS § 302D-3.5) (Imp:…

A charter contract may be not renewed for any of the reasons set forth in section 302D-18(g), Hawaii Revised Statutes. Notes Haw. Code R. § 8-505-10 [Eff NOV 30, 2014] (Auth: HRS § 302D-3.5) (Imp: § 302D-18)

(a) The commission shall develop a charter contract renewal application form, which shall be made available to each charter school whose charter contract will expire the following year. The renewal application form shall also include a description of the renewal application proce…

(a) The commission shall prepare a charter school performance report for each charter school whose charter contract will expire the following year. The performance report shall summarize the charter school's performance record to date, shall be in writing, and shall be served upo…

(a) The commission shall make a final decision on whether or not to renew the charter contract within forty-five days following receipt of the application for contract renewal and after the hearing, if held. (b) Within fifteen days of making its decision to renew or not renew the…

Notes Haw. Code R. § 8-505-14 [Reserved NOV 30, 2014] (Auth: HRS § 302D-3.5) (Imp: HRS §§ 302D-1, 302D-13, 302D-14)

A charter contract may be revoked at any time for any of the reasons set forth in section 302D-18(g), Hawaii Revised Statutes. Notes Haw. Code R. § 8-505-15 [Eff NOV 30, 2014] (Auth: HRS § 302D-3.5) (Imp: § 302D-18)

Whenever the commission has reason to believe that a charter contract should be revoked, the commission shall notify the charter contract holder in writing of the prospect of revocation. The notification shall be served by registered or certified mail with return receipt requeste…

(a) The commission shall make a final decision on whether or not to revoke the charter contract: (1) Within thirty days following receipt of the response from the charter school of the notice of prospect of revocation if no hearing is held; or (2) Within thirty days of the close …

Notes Haw. Code R. §§ 8-505-18 to 8-505-19 [Reserved NOV 30, 2014] (Auth: HRS § 302D-3.5) (Imp: HRS §§ 302D-1, 302D-13, 302D-14)

As used in this chapter, unless a different meaning clearly appears in the context: "Applicant" means the applicant who submits a charter application to the commission. "Board" means the board of education. "Commission" means the state public charter school commission established…

(a) If requested by the charter contract holder pursuant to section 8-505-12(b)(2) or 8-505-16(3), or if deemed advisable by the commission, the commission shall hold a hearing prior to taking action on the revocation or nonrenewal of a charter contract. (b) The commission shall …

Notes Haw. Code R. §§ 8-505-3 to 8-505-4 [Reserved NOV 30, 2014] (Auth: HRS § 302D-3.5) (Imp: HRS §§ 302D-1, 302D-13, 302D-14)

(a) The commission shall develop an application form, process, and processing schedule for applying to become a start-up charter school pursuant to section 302D-13, Hawaii Revised Statutes. The application form shall include a description of the application process and the applic…

(a) The commission shall develop an application form, process, and processing schedule for applying to become a conversion charter school pursuant to section 302D-14, Hawaii Revised Statutes. The application form shall include a description of the application process and the appl…

Notes Haw. Code R. §§ 8-505-7 to 8-505-9 [Reserved NOV 30, 2014] (Auth: HRS § 302D-3.5) (Imp: HRS §§ 302D-1, 302D-13, 302D-14)