Hawaii Administrative Code

(a) A+ services will be provided on regular school days, beginning after school until 5:30 p.m. The program will not operate when school is closed or when school is open only a half day. The A+ program will be open on early dismissal parent-teacher conference days. (b) If many pa…

The department shall create a program curriculum to provide experiences for children that will excite their curiosity, encourage exploration and inquiry, spur their imagination, and invite experimentation on a wide range of topics. The program may have various components, includi…

In order to establish education and public library services as an integrated, cooperative enterprise, administrators, teachers and other department personnel shall promote a climate of open two-way communication with the public, excluding matters proscribed by federal or state la…

(a) Department rules, policies, and regulations are available in all public libraries, public schools and all major offices of the department. Copies can be examined and reproduced during established working hours. (b) Minutes of board proceedings and official documents are avail…

(a) Any person applying for a copy of a public document or record open to inspection by the public shall be charged 25 cents per page. (b) In the case of general informational materials that are produced for distribution to the public at no charge, certain fees designated by Stat…

Requests from the public for general information need not be recorded, although requests received by correspondence shall be retained with a copy of the reply. Disposal of public records shall be carried out in compliance with procedures set forth by State law. Notes Haw. Code R.…

This chapter sets forth a description of methods whereby the public may obtain information pertaining to public education and public library services in Hawaii, to express views or submit suggestions, concerns or complaints to the department. Notes Haw. Code R. § 8-5-2 [Eff. AUG …

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 appeal procedures before the board of education under chapter 302D, Hawaii Revised Statutes. Notes Haw. Code R. § 8-510-1 [Eff. APR 4, 2014] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302D-15, 302D-22)

The board, in its discretion, may hold oral argument on the appeal. Notes Haw. Code R. § 8-510-10 [Eff. APR 4, 2014] (Auth: HRS § 302A-1112) (Imp: HRS §§ 302D-15, 302D-22)

(a) Upon review of the record, the board may affirm the decision of the authorizer, remand the case with instructions for further proceedings, or reverse or modify the decision if the substantial rights of the appellant may have been prejudiced because the authorizer's decision i…

(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…