Title 18, Education

§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-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-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-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 Rules. The board and the board of regents of the University of Hawaii may adopt necessary rules under chapter 91 to administer and implement sections 302A-430 and 302A-431, including the adoption of safety guidelines and safety inspection procedures of facilities where …

[§302A-432] Adult and community education authorized. To provide increased opportunity for the people of Hawaii, the department shall establish and regulate a program of adult and community education of less than college grade. The department shall provide public school buildings…

§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-433.5] Adult workforce readiness program; established. (a) There is established within the department an adult workforce readiness program to be administered by the adult and community education program. (b) The department shall designate schools, including adult and commu…

[§302A-434] Advisory council for adult and community education. The board shall appoint an advisory council for adult and community education composed of fifteen or more representatives of industry, labor, civic organizations, and education. Appointments shall be for a term of tw…

[§302A-435] Financing adult and community education program. The financial support for this program shall be in part from fees collected from students enrolled, and in part from public funds appropriated for this purpose. Fees shall be set in accordance with the recommendations o…

[§302A-436] Departmental duty toward exceptional children. (a) It is hereby declared to be of vital concern to the State that all exceptional children residing in the State be provided with instruction, special facilities, and special services for education, therapy, and training…

§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-439] Eligibility standards. The eligibility of exceptional children for instruction, special facilities, and special services shall be determined in accordance with those standards established by the department. [L 1996, c 89, pt of §2]

§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-441] Studies, surveys, rules. The department shall establish and make such studies, surveys, evaluations, and rules as are necessary to carry out the purposes of sections 302A-436 to 302A-443. [L 1996, c 89, pt of §2]

§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-443.5] Education of students with disabilities; private residential facilities; special education schools or programs; accreditation. (a) As used in this section: "Accredited private special education school or program" means a private day school, private day program, or a…

§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-449] Title I-funded prekindergarten. (a) The department in its implementation of Title I-funded prekindergarten classrooms shall adhere to the quality standards incorporated by the executive office on early learning in the executive office on early learning public prekinde…

§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:

[§302A-451] Student journalists; school-sponsored media. (a) A student journalist shall be allowed to exercise freedom of speech and freedom of the press in school-sponsored media and shall not be disciplined for acting in accordance with this section. A student journalist shall …

[§302A-452] Menstrual products; availability. (a) The department shall provide menstrual products free of charge to all students on all public school campuses. (b) For the purposes of this section: "Menstrual products" includes but is not limited to disposable menstrual pads and …

[§302A-453] Industry-recognized credentials; career development success program. (a) There is established within the department a career development success program to provide financial incentives for participating high schools to encourage students enrolled in grades nine throug…

[§302A-454] Asthma education instruction. (a) The department may offer optional asthma self-management instruction to students with asthma. The instruction shall be age-appropriate and the topics shall include: (b) The department may coordinate with any public or private entity t…

[§302A-455] Digital learning center. There is established within the department a digital learning center. The purpose of the digital learning center shall be to:

[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…

[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 …

[§302A-483] Penalties. Any caregiver who makes a false statement in the affidavit for caregiver consent required under section 302A-482, shall be subject to the penalties under part V of chapter 710. [L 2003, c 99, pt of §1]

[§302A-484] Transfer by the department of education. The department of education may transfer a minor to the minor's home school if the minor has been enrolled in a school based on an invalid caregiver affidavit. [L 2003, c 99, pt of §1]

[G.] Adult Special Education Transfer of Rights for Students with Disabilities Upon Reaching the Age of Majority [§302A-491] Power of attorney for special education. (a) When a student with disabilities reaches the age of majority all rights are presumed to transfer to the adult …

[§302A-492] Revocation of the power of attorney for special education. (a) An adult student may revoke the designation of an agent in writing to the supervising teacher. (b) A teacher, agent, or guardian who is informed of a revocation shall promptly communicate the fact of the r…

[§302A-493] Appointment of an educational representative; conditions. (a) An educational representative may be appointed if a student lacks decisional capacity to provide informed consent. A determination that the adult student lacks capacity, or that another condition exists tha…

[§302A-494] Reconsideration of the need for an educational representative. (a) If the adult student, educational representative, or qualified professional believes the adult student has regained decisional capacity, the adult student shall be assessed for capacity by a qualified …

[§302A-495] Decisions by guardian. Absent a court order to the contrary, a special education decision of a guardian appointed pursuant to chapter 560 takes precedence over that of an agent or educational representative. [L 2008, c 182, pt of §2]

[§302A-496] Duties and roles of the agent and educational representative. (a) The agent and educational representative shall have the same duties and responsibilities. (b) The agent and the educational representative shall be afforded the opportunity to participate in meetings wi…

[§302A-497] Educational information. The agent for the power of attorney for special education or educational representative is authorized to make educational decisions for a student and has the same rights as the student to request, receive, examine, copy, and consent to the dis…

[§302A-498] Effect of copy. A copy of a transfer of student's rights, revocation of the power of attorney for special education, the finding of lack of capacity, or the reconsideration of the appointment of an educational representative has the same effect as the original. [L 200…

[H.] Student Online Personal Information Protection [§302A-499] Definitions. As used in this subpart, unless the context otherwise requires: "Covered information" means personally identifiable information or material, or information that is linked to personally identifiable infor…

[§302A-500] Prohibited activity; permitted disclosures and uses; limitations. (a) An operator shall not knowingly do any of the following: Nothing in this section shall prohibit the operator's use of information for the purposes of maintaining, developing, supporting, improving, …

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-601.5 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…