Hawaii Administrative Code

(a) An opening or answering brief shall not exceed thirty double-spaced pages, and a reply brief shall not exceed fifteen double-spaced pages, exclusive of indexes and appendices. (b) An authorizer or appellant may request an increase in the number of pages beyond the limits defi…

The board shall have full discretion to dismiss an appeal where the appellant fails to meet any of the deadlines in this chapter. Notes Haw. Code R. § 8-510-13 [Eff. APR 4, 2014] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302D-15, 302D-22)

The time in which any act provided in this chapter 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. When the prescribed period of time is less than seven days, Saturday…

As used in this chapter, unless a different meaning clearly appears in the context: "Appellant" means the party taking an appeal. "Applicant" means the applicant who submits a charter application to an authorizer. "Authorizer" means an authorizer as defined in section 302D-1, Haw…

An appeal may only be taken from a decision by an authorizer as provided by law to: (1) Deny approval of a start-up or conversion charter school application; (2) Deny renewal of a charter contract; or (3) Revoke a charter contract. Notes Haw. Code R. § 8-510-3 [Eff. APR 4, 2014] …

An appeal shall be filed with the board within twenty-one days after the applicant's or the charter school's receipt of the notification of the authorizer's decision. For these purposes, an authorizer's notification of decision shall be deemed received three days after the date o…

An appeal shall commence by the filing of a notice of appeal which shall clearly identify the appellant, contact information for the appellant, and the decision being appealed. The appellant shall file the notice of appeal with the board in accordance with section 8-2-2, and shal…

Within seven days of the filing of the notice of appeal, the authorizer shall transmit to the board the entire record relating to the decision being appealed, and shall transmit to the appellant an index of the record which was transmitted to the board. Notes Haw. Code R. § 8-510…

Within ten days after the filing of the notice of appeal, the appellant shall file with the board and serve upon the authorizer an opening brief, which shall contain the following: (1) A concise statement of the case, setting forth the nature of the case, the course and dispositi…

Within ten days of being served with appellant's opening brief, the authorizer shall file with the board and serve upon the appellant an answering brief in response to the opening brief. Notes Haw. Code R. § 8-510-8 [Eff. APR 4, 2014] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302D-15,…

(a) Within seven days of being served with the authorizer's answering brief, the appellant may, but is not required to, file with the board and serve upon the authorizer a reply brief in response to the answering brief. (b) The reply brief shall respond only to arguments raised i…

This chapter governs the application process to become a charter school authorizer, oversight and evaluation of authorizers and the commission, renewal or nonrenewal of chartering authority, and revocation of chartering authority pursuant to chapter 302D, Hawaii Revised Statutes.…

(a) The board shall develop a performance evaluation system to assess the effectiveness of all authorizers and the commission using the procedures described in sections 8-515-11 and 8-515-12. The performance evaluation system shall, at a minimum: (1) Assess the effectiveness of a…

(a) Any performance evaluation of an authorizer shall use all performance indicators, measures, and metrics set forth in the performance evaluation system pursuant to section 8-515-10. (b) The board shall develop a response form for performance evaluations, which shall be made av…

(a) The board may conduct a special review of an authorizer using some or all of the performance indicators, measures, and metrics set forth in the performance evaluation system pursuant to section 8-515-10 for the following reasons: (1) Persistently unsatisfactory performance of…

(a) If at any time the board finds that an authorizer or the commission is not in compliance with a material provision of existing charter contracts, its authorizing contract, board policies, rules, and laws, as applicable, the board shall notify the authorizer or commission in w…

An authorizing contract may not be renewed for any of the following reasons: (1) Persistently unsatisfactory performance of the authorizer's portfolio of public charter schools; (2) Persistent, regular, or substantial violations of material provisions of a charter contract or the…

(a) The board shall develop a chartering authority renewal application form, which shall be made available to each authorizer whose authorizing contract will expire the following calendar year. The renewal application form shall also include a description of the renewal applicati…

(a) The board shall prepare a performance report for each authorizer whose authorizing contract will expire the following calendar year. The performance report shall summarize the authorizer's performance record to date, shall be in writing, and shall be served upon the authorizi…

(a) The board shall make a final decision on whether or not to renew the authorizing contract within sixty days following receipt of the application for contract renewal. (b) Within fifteen days of making its decision to renew or not renew the authorizing contract, the board shal…

Notes Haw. Code R. § 8-515-18 [Eff 2/18/2017] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302D-4, 302D-11)

Chartering authority may be revoked if an authorizer persists, after due notice from the board pursuant to section 302D-11(c), Hawaii Revised Statutes, and section 8-515-13 in violating a material provision of a charter contract or its authorizing contract with the board, or fail…

As used in this chapter, unless a different meaning clearly appears in the context: "Applicant" means the applicant who submits an application for chartering authority to the board. "Authorizer" means an entity with chartering authority established pursuant to section 302D-4, Haw…

Whenever the board has reason to believe that chartering authority should be revoked, the board shall notify the authorizing contract holder in writing of the prospect of revocation. The notification shall be served by registered or certified mail with return receipt requested an…

(a) The board shall make a final decision on whether or not to revoke chartering authority within thirty days following receipt of the response from the authorizing contract holder of the notice of prospect of revocation. (b) Within fifteen days of making its decision on whether …

The time in which any act provided in this chapter is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or state holiday and then it is also excluded. When the prescribed period of time is less than seven days, Sa…

Notes Haw. Code R. § 8-515-4 [Eff 2/18/2017] (Auth: HRS § 302A-1112) (Imp: HRS § 91-2)

(a) The board shall develop an application form, process, and processing schedule for applying to become an authorizer pursuant to section 302D-4, Hawaii Revised Statutes. The application form shall include a description of the application process and the application processing s…

(a) The annual application and approval cycle for chartering authority shall be no longer than twelve months. (b) The application and approval procedure shall provide for and include the following: (1) The submission of a notice of intent to apply for chartering authority to the …

(a) Governing boards of accredited public and private postsecondary institutions, including community colleges, technical colleges, and four-year universities shall be eligible to submit an application to the board for statewide, regional, or local chartering authority, in accord…

Notes Haw. Code R. §§ 8-515-8 to 8-515-9 [Eff 2/18/2017] (Auth: HRS § 302A-1112) (Imp: HRS § 302D-4)

This chapter governs the transfer of charter contracts between authorizers. Notes Haw. Code R. § 8-517-1 [Eff 2/18/2017] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302D-11, 302D-20)

As used in this chapter, unless a different meaning clearly appears in the context: "Authorizer" means an authorizer as defined in section 302D-1, Hawaii Revised Statutes, and includes the state public charter school commission. "Board" means the board of education. "Charter cont…

(a) The board shall develop an application form and process for charter transfers in accordance with this chapter. The charter transfer application and approval process shall provide for and include, at a minimum, the following elements: (1) The submission of a charter transfer a…

(a) The transfer of a charter contract that is in its final contract year shall only be allowed if the governing board has met the terms of its expiring charter contract with its current authorizer, including any performance requirements, to a degree that would have otherwise res…

(a) The transfer of a charter contract that is not in its final contract year shall only be allowed under special circumstances pursuant to section 302D-20, Hawaii Revised Statutes; provided that the requirements in section 8-517-3(b) are met. (b) An authorizer or a governing boa…

(a) If an authorizer's chartering authority is terminated due to the revocation, nonrenewal, or voluntary surrender of its authorizing contract, the transfer of any charter contracts overseen by that entity shall be allowed; provided that the requirements in section 8-517-3(b) ar…

(a) The time in which any act provided in this chapter is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or state holiday and then it is also excluded. When the prescribed period of time is less than seven days…

As used in this chapter: "Days" means working or school days. "Employee" means any individual employed by the department of education. "Library patron" means any individual who utilizes the state public library services. "Parent" means the natural or legal parent, guardian, or ot…

In the event of a conflict specifically regarding student education records, the provisions of chapter 8-34 shall prevail. Notes Haw. Code R. § 8-6-10 [Eff. AUG 22, 1983] (Auth: HRS § 302A-1112) (Imp: HRS §§92E, 302A-1112)

(a) All accessible personal records shall be made available for inspection to the employee, student, parent, or library patron to whom it pertains, in a reasonably prompt manner and in a reasonably intelligible form. Where necessary the department shall provide a translation into…

(a) An employee, student, parent, or library patron has a right to have any factual error in that person's personal record corrected and any misrepresentation or misleading entry in the record amended by submitting a written request to the custodian of the personal record. (b) Wi…

(a) An employee, student, parent, or library patron who has been refused access to, or correction or amendment of, a personal record may submit a written request to the superintendent of education or the state librarian for a review of the refusal to allow access to, or correctio…

The department is not required to grant an employee, student, parent, or library patron access to personal records or information when: (1) The disclosure would reveal the identity of a source who furnished information to the department under an expressed or implied promise of co…

The Department may not disclose or authorize disclosure of personal records by any means of communication to any person other than the employee, student, parent, or library patron to whom the record pertains unless the disclosure is: (1) To a duly authorized agent of the employee…

The department may not disclose or authorize disclosure of personal records to any other agency unless the disclosure is: (1) Compatible with the purpose of which the information was collected or obtained; (2) Consistent with the conditions or reasonable expectations of use and d…

Nothing in this chapter shall be construed to permit or require the department to withhold or deny access to a personal record, or any information in a personal record: (1) When the department is ordered to produce, disclose, or allow access to the record or information in the re…