Title 18, Education

B. School Impact Fees §302A-1601 Findings. [Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] New residential developments within identified school impact districts create additional demand for public school facilities. As such, once school impact districts are identif…

§302A-1602 Definitions. As used in this subpart, the following terms shall have the following meanings unless the context indicates otherwise: "Authority" means the school facilities authority established by section 302A-1702. "Board" [Definition repealed July 1, 2029. L 2025, c …

§302A-1603 Applicability and exemptions. [Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] (a) Except as provided in subsection (b), any person who seeks to develop a new residential development within a designated school impact district requiring: shall be required t…

§302A-1604 Designation of school impact districts. (a) The board shall designate a school impact district for school impact fees only after holding at least one public hearing in the area proposed for the school impact district. The written analysis, prepared in accordance with s…

§302A-1605 Impact fee analysis. Upon designation of a school impact district, the authority shall prepare an impact fee analysis that shall include, at a minimum, an analysis including the advantages and disadvantages of potential changes to statewide school site areas and design…

§302A-1606 Land component impact fee; determining the amount of land or fee in lieu. (a) The school land area requirements for new residential developments in a school impact district shall be based on recent school site area averages, student generation rates, and the number of …

§302A-1608 Accounting and expenditure requirements. [Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] (a) Each designated school impact district shall be a separate benefit district. Fees collected within each school impact district shall be spent only within the same…

§302A-1609 Refunds of fees. [Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] If a fee in lieu is not expended within twenty years of the date of collection, the authority shall either:

§302A-1610 Credits for land dedication. (a) Any owner of a development subject to the land component impact fee requirements pursuant to this subpart may apply for credit against any similar dedication or payment accepted and received by the authority for the project; provided th…

§302A-1612 Use of data reflecting recent conditions in impact fee calculations. [Repeal and reenactment on July 1, 2029. L 2025, c 268, §14.] (a) Every three years beginning in 2010, the authority shall update the school site area averages, using the total school land requirement…

C. School Facilities Authority §302A-1701 Definitions. As used in this subpart, unless the context clearly requires otherwise: "Authority" means the school facilities authority established by section 302A-1702. "Facilities" includes school classrooms, auditoriums, libraries, offi…

§302A-1702 School facilities authority; established. (a) There is established the school facilities authority, which shall be a body corporate and a public instrumentality of the State. The authority shall be placed within the department for administrative purposes only. (b) The …

§302A-1703 Powers; generally. (a) Except as otherwise limited by this chapter, the authority shall be responsible for all projects related to: (b) The authority shall comply with chapter 103D. (c) Except as otherwise limited by this chapter, the authority may also: (d) Prior to p…

§302A-1704 School facilities authority board. (a) There is established the school facilities authority board, which shall head and oversee the authority. (b) The board shall consist of five voting members. The members shall: (c) The board shall be responsible for: (d) The board s…

§302A-1705 Use of public lands; acquisition of state lands. (a) If state lands, other than public lands, under the control and management of another department or agency are required by the authority for purposes of this chapter, the department or agency having control and manage…

§302A-1706 School facilities special fund. (a) There is established within the state treasury a special fund to be known as the school facilities special fund into which shall be deposited: (b) The authority shall establish and appropriately name subaccounts within the school fac…

§302A-1707 Annual report. At least twenty days prior to the convening of each regular session, the authority shall submit to the governor, board of education, and legislature, a complete and detailed report of its activities during the prior fiscal year. [L 2020, c 72, pt of §1; …

[Part VII.] secondary school students conference [§302A-1801] Purpose. The purpose of this part is to provide for the establishment of an annual conference of secondary school students, which will enable students in the State's secondary schools to identify, discuss, and arrive a…

[§302A-1802] Student conference committee. There is created a student conference committee composed of sixteen secondary school students. There shall be two students from each of the seven local school districts, who shall be selected by the superintendent or the superintendent's…

[§302A-1803] Duties of the student conference committee. It shall be the duty of the student conference committee, under the guidance of the student conference advisory committee, to:

[§302A-1804] Student conference advisory committee. There is created a student conference advisory committee to assist and advise the student conference committee in planning, coordinating, and evaluating the annual conference of secondary school students. The department shall ma…

[§302A-1805] Annual conference. The annual conference of secondary school students shall be held once each school year, subject to program and funding limitations. [L 2013, c 156, pt of §1]

[PART VIII.] MARK LICENSING AGREEMENT PROGRAM [§302A-1901] Definitions. As used in this part, "mark" means any trademark or service mark entitled to registration under chapter 482, whether registered or not. [L 2017, c 140, pt of §1]

[§302A-1902] Mark licensing agreement program; established. (a) There is established within the department a mark licensing agreement program to allow the department and a department school to license, as applicable, the department's or department school's marks. (b) The departme…

[§302A-1903] Commercial enterprises. Notwithstanding any law to the contrary, the department may engage in commercial enterprises that are related and incidental to the primary purposes of the department as set forth in this chapter, including the sponsorship of private, cultural…

[§302A-1904] Mark registration. The department may register with the department of commerce and consumer affairs any mark of the department or an individual department school. [L 2017, c 140, pt of §1]

[§302A-1905] Administrative rules. The department shall adopt rules pursuant to chapter 91 for the purposes of this part. Rules adopted pursuant to this section shall address, at minimum:

PART II. PROVISIONS AFFECTING STUDENTS A. Student Performance Standards §302A-201 Statewide performance standards. The board shall establish statewide performance standards and the means to assess the standards based upon the recommendations in the final report of the performance…

B. Curriculum and Instruction §302A-251 School year; student hours. (a) Notwithstanding any other law to the contrary, beginning with the 2011-2013 school years, all public schools, excluding charter schools and multi-track public schools, shall implement a school year of one hun…

[§302A-321] Standards-based curriculum. (a) When developing a standards-based curriculum and implementing it in a school or complex, at the minimum, the curriculum shall: (b) School complexes may choose to develop an articulated and aligned K-12 standards-based curriculum in one …

[§302A-322] American Sign Language. For purposes of this chapter, American Sign Language shall be recognized as a world language, and any public school may offer a course in American Sign Language. A student who successfully completes a course in American Sign Language shall be e…

§302A-323 Computer science; curricula plan; public schools. (a) The department shall: (b) Beginning with the 2022-2023 school year, at least one public elementary school and one public middle or intermediate school in each complex area shall offer computer science courses or comp…

[§302A-324] Department of education commercial enterprises revolving fund. There is established the department of education commercial enterprises revolving fund into which shall be deposited all revenues derived from commercial enterprise operation programs undertaken by the dep…

C. Supplementary Programs §302A-401 Dual credit program. (a) There is created in the department the dual credit program to permit eligible students to enroll in any qualified course offered by the University of Hawaii system. (b) For the purposes of this section: "Eligible studen…

§302A-404 School meals. (a) School meals shall be made available under the school meals program in every school where the students are required to eat meals at school. (b) Beginning with the 2025-2026 school year, students who qualify for reduced-price meals under the National Sc…

[§302A-404.5] Summer electronic benefits transfer for children program. The department shall:

§302A-405 School cafeterias; funds; expenditures. (a) The price for school meals shall be set by the department to ensure that moneys received from the sale of the meals shall be not less than one-half of the cost of preparing the meals. The prices for school meals may be adjuste…

[§302A-405.5] Hawaii farm to school program; farm to school coordinator. (a) There is established within the department a Hawaii farm to school program. The purpose of the farm to school program shall be to: (b) The Hawaii farm to school program shall be headed by a farm to schoo…

§302A-405.6 Farm to school meals. (a) The department shall ensure that by January 1, 2030, fresh local agricultural products and local value-added processed, agricultural, or food products shall constitute a minimum of thirty per cent of the total food purchased during each calen…

§302A-406 Transportation of school children. (a) The department may provide suitable transportation to and from school and for educational field trips for all children in grades kindergarten to twelve and in special education classes. The department shall adopt policies, procedur…

§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-407.5] School bus fare revolving fund. (a) There is established in the state treasury the school bus fare revolving fund, into which shall be deposited all moneys received from students and parents or guardians of students by public schools for state-provided school busing…

§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-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-413] Driver education. (a) The department may establish and administer a motor vehicle driver education and training program to be conducted at each public high school in the State. (b) The department, for the purpose of this section, shall: (c) The department may adopt ru…