Revision Note

Sections 302A-101 and 302A-102 designated as subpart A pursuant to §23G-15.

§302A-101 Definitions. As used in this chapter, the following terms have the following meanings unless the context indicates otherwise:

"Air conditioning" means any mechanical device that cools or heats air.

"Attend" or "attendance" means a student is physically present in school after enrollment.

"Authorizer" has the same meaning as in section 302D-1.

"Board" means the board of education.

"Cafeteria workers" includes all employees of any public school cafeteria other than the cafeteria manager.

"Charter schools" has the same meaning as in section 302D-1.

"Commission" has the same meaning as in section 302D-1.

"Complex" means the high school and those elementary, middle, and intermediate schools that feed into the high school as designated by the department.

"Complex area" means the administrative unit that includes one or more complexes as designated by the department.

"Complex area superintendent" means the chief administrative officer of a complex area and the complexes therein.

"Curricular materials" means any systematically organized material designed to provide a specific level of instruction in a subject-matter category, including textbooks, instructional materials, library books, equipment, computer software, digital content accessed through a computer or other electronic medium, digital content available through an internet-based provider of course content, or supplies used in a particular course of study.

"Department" means the department of education.

"Department school" means any school that falls within the definition of "public schools", as that term is defined in section 302A-101, and is not a charter school.

"District" means the state public education system as a whole, except as used by the department for federal compliance and reporting requirements.

"EDN 100" means the budget program identification number for the school-based budgeting program within the department.

"Educational officers" includes principals, vice-principals, and professional employees of the state and district offices of the department, except those employees in the classified service.

"Enroll" or "enrollment" means a student has met all of the department's requirements for entrance and is formally placed on a school's roll.

"Exceptional children" includes:

(1) Persons under twenty-two years of age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities; provided that "exceptional children" shall not include "gifted and talented children";

(2) Persons under twenty-two years of age who by reason of physical defects cannot attend the regular public school classes with normal children; and

(3) Persons under twenty-two years of age who are certified by a licensed physician eligible for membership in the state medical society as being emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods.

"Incumbent teachers" refers to teachers presently in service or on authorized leaves from the department.

"License" means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. This definition shall not apply to the term "license" as it is used in sections 302A-425 and 302A-426.

"Private trade, vocational, or technical school" means an organization or corporation that provides instruction in any form or manner in any trade, occupation, or vocation for a consideration, reward, or promise of whatever nature, except:

(1) Schools maintained, or classes conducted, by employers for their own employees where no fee or tuition is charged;

(2) Courses of instruction given by any fraternal society, benevolent order, or professional organization to its members, which courses are not operated for profit;

(3) Classes conducted for less than five students at one and the same time;

(4) Classes or courses of instruction that are conducted for twenty or fewer class sessions during any twelve-month period;

(5) Avocational, hobby, recreation, or health classes or courses;

(6) Courses of instruction on religious subjects given under the auspices of a religious organization; and

(7) Schools registered or authorized by the department of commerce and consumer affairs or by boards and commissions placed in the department of commerce and consumer affairs for administrative purposes.

"Public office" excludes notaries public, reserve police officers, officers of emergency organizations for civilian defense or disaster relief, or county charter commissions.

"Public schools" means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D.

"School-based budget flexibility" means an operating budget preparation and allocation process that provides maximum flexibility to individual schools, complexes, and learning support centers in the preparation and execution of their operating budgets.

"School meals" means breakfast and lunch prepared and served by a school cafeteria.

"Special facilities" includes buildings, equipment, and materials; transportation; boarding homes; and personnel qualified to work with exceptional children.

"Special services" means physiotherapy, or any form of muscle training, speech training, occupational therapy, vocational training, psychological evaluation, or any of them.

"Superintendent" means the superintendent of education.

"Teacher" means a person whose duties in the public educational system are primarily teaching or instruction of students or related activities centered primarily on students and who is in close and continuous contact with students, and shall include but not be limited to classroom teachers, school librarians, counselors, registrars, and special education teachers.

"Vandalism" includes, but is not limited to, mischievous or malicious destruction of property, such as breakage of windows, lockers, and doors.

"Weighted student formula" means a formula for allocating operating moneys to individual public schools that includes a system of weighted characteristics affecting the relative cost of educating each student attending a public school. [L 1996, c 89, pt of §2 and am c 48, §1; am L 1997, c 144, §3; am L 1999, c 62, §3; am L 2002, c 16, §16; am L 2003, c 187, §1; am L 2004, c 51, §§5, 6, and 22, c 220, §2, and c 221, §8; am L 2005, c 87, §3; am L 2006, c 298, §8; am L 2007, c 115, §4; am L 2009, c 26, §2; am L 2012, c 130, §7 and c 133, §6; am L 2013, c 159, §2; am L 2014, c 9, §3, c 16, §1, c 39, §1, c 215, §2, and c 232, §§5, 6; am L 2015, c 108, §4; am L 2016, c 112, §2; am L 2017, c 164, §3; am L 2019, c 276, §3]