Chapter 302A — Chapter 302A

§302A-407 School bus contracts. (a) Any school bus contract between the State and the contractor shall include a provision requiring the contractor to equip the contractor's vehicles with the signs and visual signals described in section 291C-95(d) and (g). The contract shall als…

§302A-408 After-school and weekend programs. The department and the appropriate county agencies may establish and regulate programs of after-school and weekend community-school activities for children, including but not limited to child-care programs, arts and crafts, hula, ukule…

§§302A-409 and 302A-410 REPEALED. L Sp 2008, c 14, §§3, 4.

§302A-411 Kindergarten program; establishment; attendance. (a) The department shall establish and maintain kindergartens with a program of instruction as a part of the public school system; provided that: (b) Beginning with the 2014-2015 school year, any parent, guardian, or othe…

§302A-412 Blind or visually handicapped concessionaires. (a) Each secondary public school, upon the approval of the principal, may allow on the premises vending machines operated as a concession; provided that the concession shall be operated only by a blind or visually handicapp…

§302A-415 Motor vehicles for driving instruction; purchase and sale. The department may enter into agreements with any dealer or company for the purchase of motor vehicles for driving instruction in the public schools if the agreements provide that the department pay $1 for each …

§§302A-418 and 302A-419 REPEALED. L 1997, c 144, §§6, 7.

§302A-420 Profits and school credit for students. All net profits arising from agricultural, industrial, or commercial enterprise pursuits at any school, under the rules of the department: provided further that the commercial enterprise does not affect the tax-exempt status of ge…

§§302A-421 to 302A-423 REPEALED. L 1997, c 144, §§8 to 10.

§302A-424 REPEALED. L 2017, c 164, §6.

§302A-425 Licensure of private trade, vocational, or technical school. (a) The department shall license private trade, vocational, and technical schools as necessary for: The purpose of the licensing and regulation is to protect consumers against practices by private trade, vocat…

§302A-425.5 REPEALED. L Sp 2021, c 9, §15.

§302A-426 Suspension and revocation of license; procedure. (a) The department, after notice and opportunity for a hearing, may suspend or revoke a license at any time when, in the judgment of the department, the licensee is not complying with section 302A-425 or the rules that ma…

§§302A-427 and 302A-428 REPEALED. L 2017, c 164, §§7, 8.

§302A-429 REPEALED. L 2012, c 133, §33.

§302A-430 Coverage for workers' compensation. The State shall be deemed the responsible employer for the purposes of workers' compensation coverage, as provided for in chapter 386, when a student or recent graduate performs paid or unpaid work for a private or public employer as …

§§302A-431.5 to 302A-431.8 REPEALED. L 2012, c 133, §§34 to 37.

§302A-431.9 REPEALED. L 2015, c 124, §2.

§302A-433 Scope of adult and community education programs offered. As rapidly as resources are available and interest is developed, instructional programs shall be initiated in the following fields:

§302A-438 Facilities, service, when required. Where one or more exceptional children are found in any one complex area superintendent's district, the superintendent of education shall provide instruction, special facilities, and special services according to the specifications of…

§302A-440 Coverage for workers' compensation of an exceptional child. Whenever an exceptional child as defined in section 302A-101 undertakes to perform work for a private employer as part of a school-approved work-based learning program, whether paid or unpaid, the State shall b…

§302A-442 Occupational therapy services, physical therapy services, school health services, mental health services, psychological services, and medical services for diagnostic or evaluative purposes. (a) The department of health, within the funds available, shall be responsible f…

§302A-442.5 Instructional materials; exceptional children. (a) Whenever used in this section, unless a different meaning clearly appears from the context: "Accessible format" has the same meaning as in section 121(d)(1) of the Copyright Act of 1976 (17 U.S.C. 121(d)(1)), as amend…

§302A-443 Administrative hearing procedures and subpoena power relating to the education of children with a disability. (a) An impartial hearing may be requested by any parent or guardian of a child with a disability, or by the department, on any matter relating to the identifica…

§§302A-444 to 302A-446 REPEALED. L 2012, c 133, §§39 to 41.

§302A-447 State student council. (a) There is established within the department for administrative purposes the state student council, which shall consist of representation from each departmental school district. (b) The council shall determine whether it shall directly select th…

§302A-448 Schools; career pathways, academies, and programs; commercial enterprises. (a) Notwithstanding any law to the contrary, an individual department school or any career pathway, academy, or program operated within a school may engage in commercial enterprises that are rela…

§302A-450 Public prekindergarten classrooms; annual report to the legislature. The department shall submit to the legislature an annual report regarding special education and Title I-funded prekindergarten programs, to include, as related to each type of program:

[D.] Gender Equity in Sports §302A-461 Gender equity in athletics. (a) No person, on the basis of sex, shall be excluded from participating in, be denied the benefits of, or be subjected to discrimination in athletics offered by a public high school, pursuant to Public Law 92-318…

§302A-462 REPEALED. L 2012, c 133, §42.

§302A-463 REPEALED. L 2010, c 4, §10.

§§302A-464 to 302A-467 REPEALED. L 2012, c 133, §§43 to 46.

E. School-to-Work--Repealed §§302A-471 to 302A-475 REPEALED. L 2005, c 19, §2.

[F.] Full Participation in School Act §302A-481 Definitions. As used in this subpart, unless the context otherwise requires: "Caregiver" means any person who is at least eighteen years of age and:

§302A-482 Affidavit for caregiver consent. (a) Notwithstanding any other law to the contrary, a caregiver may consent on behalf of a minor to enrollment in school and to full participation in curricular and co-curricular school activities, if the caregiver possesses and presents …

PART III. PROVISIONS AFFECTING SCHOOL PERSONNEL A. Specific Definitions §302A-501 Definitions. (a) For the purposes of sections 302A-602 to 302A-612, "school" includes every academic and noncollege type of school under governmental supervision. (b) For the purposes of subpart D: …

B. Employment Conditions and Compensation §302A-601 REPEALED. L 2004, c 51, §24.

§302A-601.3 REPEALED. L 2012, c 133, §47.

§302A-601.5 Employees of the department of education and teacher trainees in any public school; criminal history record checks. (a) The department of education, including the Hawaii state public library system, shall develop procedures for obtaining verifiable information regardi…

§302A-602 Teachers; licenses and certificates. (a) No person shall serve as a teacher in the department without first having obtained a license from the Hawaii teacher standards board in the form as the Hawaii teacher standards board determines. The department shall establish typ…

§302A-602.5 Certificates; revocation. The department may revoke any certificate after its issuance if the certificate holder does not possess the requisite qualifications. For the purposes of this section, the term "certificate" does not include a license issued by the Hawaii tea…

§302A-603 Teaching without certificates or licenses; penalty. (a) Except as otherwise provided, before the 1997-1998 school year, whoever serves in the department as a teacher without holding an unrevoked certificate issued under sections 302A-602 to 302A-639, and 302A-701, shall…

§302A-604 Complex area superintendents. The superintendent of education, with the approval of the board, shall appoint complex area superintendents for schools. The complex area superintendents shall supervise the delivery of administrative and instructional support services with…

§302A-604.5 REPEALED. L 2009, c 31, §2.

§302A-605 Principals and vice-principals. Principals and vice-principals shall meet the department's certification requirements. [L 1996, c 89, pt of §2; am L 2000, c 31, §1; am L 2001, c 256, §2 and c 287, §1; am L 2010, c 34, §2; am L 2011, c 75, §2; am L 2014, c 232, §8]

§302A-606 REPEALED. L 2012, c 133, §48.

§302A-607 REPEALED. L 2008, c 222, §2.

§302A-610 Job-sharing. (a) A job-sharing program is established in the department subject to the requirements in this section. (b) The superintendent shall announce the job-sharing program to all full-time, tenured, certificated personnel of the department, excluding educational …

§302A-616 Conditions of sabbatical leave of absence. (a) A teacher or educational officer on sabbatical leave shall devote one-half of the teacher's or educational officer's total leave to professional educational course work, research, or other professional activity approved by …

§302A-618 Classification, teachers. (a) The designation of any teacher to any given class shall be determined by the department in accordance with licensing requirements. (b) Any teacher teaching technical school courses who is transferred to a community college under the jurisdi…