THE SENATE	S.B. NO.	49
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  In 2012, the legislature passed Act 133, Session Laws of Hawaii 2012, which sought to add clarity to or resolve conflicting or inconsistent language among different sections of law and to amend or repeal various sections of chapter 302A, Hawaii Revised Statutes.

     The purpose of this Act is to continue to amend or repeal various sections of chapter 302A, Hawaii Revised Statutes, that:

     (1)  Have been accomplished and are no longer necessary;

     (2)  Impede rather than assist the department of education in meeting its core mission;

     (3)  Fall under the purview of the board of education, such as policy, staffing, and programmatic decisions;

     (4)  Are mandated by federal law and do not require codification in state law; or

     (5)  Are covered by another section of the Hawaii Revised Statutes, administrative rules, or board of education policy.

     SECTION 2.  Section 92F-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours:

     (1)  Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency;

     (2)  Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases, except to the extent protected by section 92F-13(1);

     (3)  Government purchasing information, including all bid results, except to the extent prohibited by section 92F-13;

     (4)  Pardons and commutations, as well as directory information concerning an individual's presence at any correctional facility;

     (5)  Land ownership, transfer, and lien records, including real property tax information and leases of state land;

     (6)  Results of environmental tests;

     (7)  Minutes of all agency meetings required by law to be public;

     (8)  Name, address, and occupation of any person borrowing funds from a state or county loan program, and the amount, purpose, and current status of the loan;

     (9)  Certified payroll records on public works contracts except social security numbers and home addresses;

    (10)  Regarding contract hires and consultants employed by agencies:

         (A)  The contract itself, the amount of compensation;

         (B)  The duration of the contract; and

         (C)  The objectives of the contract,

          except social security numbers and home addresses;

    (11)  Building permit information within the control of the agency;

    (12)  Water service consumption data maintained by the boards of water supply;

    (13)  Rosters of persons holding licenses or permits granted by an agency that may include name, business address, type of license held, and status of the license;

    (14)  The name, compensation (but only the salary range for employees covered by or included in chapter 76, and sections [302A-602] 302A-604 to 302A-639, and 302A‑701, or bargaining unit (8)), job title, business address, business telephone number, job description, education and training background, previous work experience, dates of first and last employment, position number, type of appointment, service computation date, occupational group or class code, bargaining unit code, employing agency name and code, department, division, branch, office, section, unit, and island of employment, of present or former officers or employees of the agency; provided that this paragraph shall not require the creation of a roster of employees; and provided further that this paragraph shall not apply to information regarding present or former employees involved in an undercover capacity in a law enforcement agency;

    (15)  Information collected and maintained for the purpose of making information available to the general public; and

    (16)  Information contained in or compiled from a transcript, minutes, report, or summary of a proceeding open to the public."

     SECTION 3.  Section 302A-101, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

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

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

"License" means a license issued by the Hawaii teacher standards board to indicate the subject area and grade level for which a teacher has met all licensure requirements and is qualified to teach, and that authorizes the licensee to teach in the State.  This definition shall not apply to the term "license" as it is used in sections 302A-425, 302A-426, and 302A-427."

     SECTION 4.  Section 302A-102, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§302A-102[]] Smoking prohibited[; exception].  [(a)] All public schools within the State, from kindergarten through grade twelve, shall prohibit the use of tobacco at public schools or at public school functions.

     [(b) The department shall provide affected public employees with breaks throughout the work day during which they may smoke at locations off-campus. The number and duration of such breaks shall be subject to collective bargaining.

(c) The department shall provide a smoking cessation program for public employees who are interested in participating; provided that issues relating to the costs of the program shall be subject to collective bargaining.

(d) This section shall not be subject to part II of chapter 328K.]"

     SECTION 5.  Section 302A-501, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  For the purposes of sections [302A-602] 302A-604 to 302A-612, "school" includes every academic and noncollege type of school under governmental supervision."

     SECTION 6.  Section 302A-605, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-605  Principals and vice-principals.  (a)  Principals and vice-principals shall meet the department's certification requirements [and shall have at least five years of appropriate school-level experience, including at least three years as a teacher, or equivalent experience, as determined by the department].

     [(b)  Vice-principals shall meet the department's certification requirements and shall have appropriate school-level or equivalent experience, as determined by the department.

(c)] (b)  The department shall establish alternative routes to certification for principals and vice-principals pursuant to rules adopted under chapter 91.

     [(d)] (c)  For purposes of this section, "alternative routes to certification" has the same meaning as determined by United States Department of Education regulations for state applications for Race to the Top fund allocations under section 14001 of the federal American Recovery and Reinvestment Act of 2009, as amended."

     SECTION 7.  Section 302A-626, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-626  Salary increases; annual, longevity.  (a)  Teachers and educational officers who have completed a year's satisfactory service and who have complied with the other requirements of sections [302A-602] 302A-604 to 302A-639, and 302A-701, shall be entitled to an annual increment.

     (b)  Teachers and educational officers who have served satisfactorily for three years in their maximum increment step or in any longevity step and who have complied with the other requirements of sections [302A-602] 302A-604 to 302A-639, and 302A-701, shall receive longevity step increases; provided that the board may grant principals and vice-principals longevity step increases more frequently than once every three years pursuant to section 302A-625."

     SECTION 8.  Section 302A-1114, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1114  Power of appointment, removal.  The department, from time to time, may appoint and remove such teachers, educational officers, and other personnel as may be necessary for carrying out the purposes of sections 302A-201, 302A-401 to 302A-410, [302A-1001] 302A-1002 to 302A-1004, 302A-1101 to 302A-1122, 302A-1301 to 302A-1305, 302A-1401 to 302A-1403, and 302A-1503 to 302A-1506, and regulate their duties, powers, and responsibilities, when not otherwise provided by law."

     SECTION 9.  Section 302A-1124, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Unless otherwise specified, each school community council shall establish policies governing the council's composition, election, staggered terms of office for members, operation, and vacancies; provided that:

     (1)  The number of school personnel [[]on[]] any school community council shall be equal to the number of primary stakeholders on the school community council;

     (2)  At the elementary and middle school levels, each school community council shall be composed of the principal and at least one member representing each of the following groups:

         (A)  Parents elected by ballots distributed among and collected from the parents of the school’s students;

         (B)  Teachers elected by ballots distributed among and collected from teachers of the school;

         (C)  Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school; and

         (D)  Community representatives elected by ballots distributed among and collected from parents of the school's students; [and

(E) Student representatives selected by the student council of the school; and]

(3) At the elementary and middle school levels, each school community council may allow for student representatives selected by the student council of the school; and

    [(3)] (4)  At the high school level, each school community council shall be composed of the principal and at least one member representing each of the following groups:

         (A)  Parents elected by ballots distributed among and collected from parents of the school’s students;

         (B)  Teachers elected by ballots distributed among and collected from teachers of the school;

         (C)  Noncertificated school personnel elected by ballots distributed among and collected from noncertificated personnel of the school;

         (D)  Community representatives elected by ballots distributed among and collected from the parents of the school's students; and

         (E)  Student representatives selected by the student council of the school.

     For the purposes of this subsection, "primary stakeholders" means students, parents, and community members."

     SECTION 10.  Section 302A-1145, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§302A-1145[]]  Transfer to another school.  No school shall receive any child under eighteen years of age, who has attended another school of the same class in the same district, unless the child produces to the school to be [entered,] enrolled, a certificate of release of the school last attended by the child.  If the child applies to attend a school of higher grade, a certificate of proficiency shall be required or a lawful excuse for its absence.  The children from one [district] service area desiring to enter a school in another [district] service area may be received or admitted upon producing a certificate of release from the school last attended in the other district."

     SECTION 11.  Section 302A-1154, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the title to read:

     "§302A-1154  Immunization upon [entering] attending school; tuberculosis clearance."

     2.  By amending subsection (b) to read:

     "(b)  No child shall [be admitted to] attend any school for the first time in the State unless the child presents to the appropriate school official documentation satisfactory to the department of health that the child has been examined and tested according to the rules of the department, and is free from tuberculosis in a communicable form."

     SECTION 12.  Section 302A-1155, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1155  Provisional [entrance to] attendance at school.  (a)  A child may [enter] attend school provisionally upon submitting written documentation from a licensed physician, physician assistant, advanced practice registered nurse, or an authorized representative of the department of health stating that the child is in the process of receiving the required immunizations.  Further documentation showing that the required immunizations have been completed shall be submitted to the appropriate school official no later than three months after the child first [entered] attended the school.  If all of the required immunizations cannot be completed within three months due to the length of the minimum intervals between doses of a particular vaccine required by the department of health, provisional [admission] attendance may be extended so long as the child's parent or guardian provides documentation that appointments for required immunizations have been made and that progress toward completing the immunizations continues in accordance with the requirements of the department of health.

     (b)  Provisional [entrance to] attendance at school may be suspended by the department of health when there is danger of an epidemic from any of the communicable diseases for which immunization is required."

     SECTION 13.  Section 302A-1159, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1159  Physical examination required.  No child shall [be admitted to] attend any school for the first time in the State unless the child presents to the appropriate school official a report from a licensed physician or advanced practice registered nurse of the results of a physical examination performed within a year of the date of [entry into] attendance at school.  A child may [enter] attend school provisionally upon submitting written documentation from a licensed physician, advanced practice registered nurse, or other authorized representative of the department of health stating that the child is in the process of undergoing a physical examination.  Further documentation showing that the required physical examination has been completed shall be submitted to the appropriate school official no later than three months after the child first [entered] attended the school."

     SECTION 14.  Section 302A-1161, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1161  Notification for noncompliance.  If a child does not complete the immunizations required under section 302A-1154 or the physical examination required under section 302A-1159 within the period provided by section 302A-1155 after provisional [entry into] attendance at school, the administrator of the school shall cause a notice to be sent to the parent or guardian of the child stating that if the required immunizations or physical examination is not completed within thirty days of the date of the notice, the child shall not be [admitted] permitted to attend school."

     SECTION 15.  Section 302A-1301, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1301  School system financial accountability.  (a)  Beginning with the 1995-1997 fiscal biennium, the department's administrative expenditures shall not exceed 6.5 per cent of the total department operating budget, excluding expenditures for agencies administratively attached to the department, unless approved by the legislature.

     (b)  Not less than seventy per cent of appropriations for the total budget of the department, excluding debt service and capital improvement programs[,] and appropriations for agencies administratively attached to the department, shall be expended by principals."

     SECTION 16.  Section 302A-1504.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a) There is established within the state treasury a special fund to be known as the school-level minor repairs and maintenance special fund, into which shall be deposited all moneys collected pursuant to section 235-102.5(b), and any other moneys received by the department in the form of grants and donations for school-level minor repairs and maintenance.  The special fund shall be administered by the department and used to fund school-level minor repairs and maintenance.  The department shall transfer moneys collected pursuant to section 235-102.5(b), and any other moneys received in the form of grants and donations for school-level minor repairs and maintenance, to the Hawaii 3R's school repair and maintenance fund established pursuant to section 302A-1502.4."

     SECTION 17.  Section 378-2.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Notwithstanding subsections (b) and (c), the requirement that inquiry into and consideration of a prospective employee's conviction record may take place only after the individual has received a conditional job offer, and the limitation to the most recent ten-year period, excluding the period of incarceration, shall not apply to employers who are expressly permitted to inquire into an individual's criminal history for employment purposes pursuant to any federal or state law other than subsection (a), including:

     (1)  The State or any of its branches, political subdivisions, or agencies pursuant to sections 78-2.7 and 831-3.1;

    [(2) The department of education pursuant to section 302A-601.5;

(3)] (2)  The department of health with respect to employees, providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services pursuant to section 321-171.5;

    [(4)] (3)  The judiciary pursuant to section 571-34;

    [(5)] (4)  The counties pursuant to section [846-2.7(b)(5), (32), (33), (34), and (35);] 846-2.7(b)(4), (30), (31), (32), and (33);

    [(6)] (5)  Armed security services pursuant to section 261-17(b);

    [(7)] (6)  Providers of a developmental disabilities domiciliary home pursuant to section 333F-22;

    [(8)] (7)  Private schools pursuant to sections 302C-1 and 378-3(8);

    [(9)] (8)  Financial institutions in which deposits are insured by a federal agency having jurisdiction over the financial institution pursuant to section 378-3(9);

   [(10)] (9)  Detective agencies and security guard agencies pursuant to sections 463-6(b) and 463-8(b);

   [(11)] (10)  Employers in the business of insurance pursuant to section 431:2-201.3;

   [(12)] (11) Employers of individuals or supervisors of individuals responsible for screening passengers or property under Title 49 United States Code section 44901 or individuals with unescorted access to an aircraft of an air carrier or foreign carrier or in a secured area of an airport in the United States pursuant to Title 49 United States Code section 44936(a);

   [(13)] (12)  The department of human services pursuant to sections 346-97 and 352-5.5;

   [(14) The public library system pursuant to section 302A-601.5;

(15)] (13)  The department of public safety pursuant to section 353C-5;

   [(16)] (14)  The board of directors of a cooperative housing corporation or the manager of a cooperative housing project pursuant to section 421I-12;

   [(17)] (15)  The board of directors of an association of owners under chapter 514A or 514B, or the manager of a condominium project pursuant to section 514A-82.1 or 514B-133; and

   [(18)] (16)  The department of health pursuant to section 321-15.2."

     SECTION 18.  Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Criminal history record checks may be conducted by:

     (1)  The department of health or the department's designee on operators of adult foster homes or developmental disabilities domiciliary homes and their employees, as provided by section 333F-22;

     (2)  The department of health or the department's designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services as provided by section 321-171.5;

     (3)  The department of health or the department's designee on all applicants for licensure for, operators for, prospective employees, and volunteers at one or more of the following:  skilled nursing facility, intermediate care facility, adult residential care home, expanded adult residential care home, assisted living facility, home health agency, hospice, adult day health center, special treatment facility, therapeutic living program, intermediate care facility for individuals with intellectual disabilities, hospital, rural health center and rehabilitation agency, and, in the case of any of the above facilities operating in a private residence, on any adult living in the facility other than the client as provided by section 321-15.2;

    [(4) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;

(5)] (4)  The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;

    [(6)] (5)  The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;

    [(7)] (6) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;

    [(8)] (7)  The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;

    [(9)] (8)  The department of human services on prospective adoptive parents as established under section 346-19.7;

   [(10)] (9)  The department of human services on applicants to operate child care facilities, prospective employees of the applicant, and new employees of the provider after registration or licensure as provided by section 346-154;

   [(11)] (10)  The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;

   [(12)] (11)  The department of human services on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in foster family homes as provided by section 346-335;

   [(13)] (12)  The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;

   [(14)] (13)  The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;

   [(15)] (14)  The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;

   [(16)] (15)  The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;

   [(17)] (16)  The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;

   [(18)] (17)  Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;

   [(19) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A-601.5;

(20)] (18)  The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;

   [(21)] (19)  The department of human services on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 346-97;

   [(22)] (20)  The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult and community care services branch, as provided by section 346-97;

   [(23)] (21) The department of human services on foster grandparent program, retired and senior volunteer program, senior companion program, and respite companion program participants as provided by section 346-97;

   [(24)] (22)  The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, Title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;

   [(25)] (23)  The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;

   [(26)] (24)  The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;

   [(27)] (25)  The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;

   [(28)] (26)  The department of commerce and consumer affairs on:

         (A)  Each principal of every non-corporate applicant for a money transmitter license; and

         (B)  The executive officers, key shareholders, and managers in charge of a money transmitter's activities of every corporate applicant for a money transmitter license,

          as provided by section 489D-9;

   [(29)] (27)  The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;

   [(30)] (28)  The Hawaii health systems corporation on:

         (A)  Employees;

         (B)  Applicants seeking employment;

         (C)  Current or prospective members of the corporation board or regional system board; or

         (D)  Current or prospective volunteers, providers, or contractors,

          in any of the corporation's health facilities as provided by section 323F-5.5;

   [(31)] (29)  The department of commerce and consumer affairs on:

         (A)  An applicant for a mortgage loan originator license; and

         (B)  Each control person, executive officer, director, general partner, and manager of an applicant for a mortgage loan originator company license,

          as provided by chapter 454F;

   [(32)] (30)  The counties on prospective employees who work with vulnerable adults or senior citizens in community-based programs;

   [(33)] (31)  The counties on prospective employees for fire department positions which involve contact with children or dependent adults;

   [(34)] (32)  The counties on prospective employees for emergency medical services positions which involve contact with children or dependent adults;

   [(35)] (33)  The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable and disabled citizens during emergencies or crises; and

   [(36)] (34)  Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."

     SECTION 19.  Section 302A-601.5, Hawaii Revised Statutes, is repealed.

     ["[§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 regarding the criminal history of persons who are employed or seeking employment in any position, including teacher trainees, that places them in close proximity to children.  These procedures shall include criminal history record checks in accordance with section 846-2.7.

Information obtained pursuant to this subsection shall be used exclusively by the employer or prospective employer for the purpose of determining whether a person is suitable for working in close proximity to children.  All such decisions shall be subject to applicable federal laws and regulations currently or hereafter in effect.

(b)  The employer or prospective employer may refuse to employ, and may:

(1) Refuse to issue a teaching or other educational certificate;

(2) Revoke the teaching or other educational certificate;

(3) Refuse to allow or continue to allow teacher training; or

(4) Terminate the employment of any employee or deny employment to an applicant,

if the person has been convicted of a crime, and if the employer or prospective employer finds by reason of the nature and circumstances of the crime that the person poses a risk to the health, safety, or well-being of children.  Refusal, revocation, or termination may occur only after appropriate investigation and notification to the employee or applicant for employment of results and planned action, and after the employee or applicant for employment is given an opportunity to meet and rebut the finding.  Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 or 89, or administrative regulation of the department of education.

(c)  This section shall not be used by the department to secure criminal history record checks on persons who have been employed continuously by the department, including the state public library system, on a salaried basis prior to July 1, 1990.

(d)  Notwithstanding any other law to the contrary, for purposes of this section, the department of education, including the Hawaii state public library system, shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91."]

     SECTION 20.  Section 302A-602, Hawaii Revised Statutes, is repealed.

     ["§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 such form as the Hawaii teacher standards board determines.  The department shall establish types of certificates in the educational field and the requirements to qualify for those certificates issued to individuals who are not required to obtain a license pursuant to sections 302A-801 to 302A-808.

(b)  Beginning with the 2002-2003 school year, no person paid under the salary schedule contained in the unit 5 collective bargaining agreement shall serve as a teacher in the department without first having obtained a license pursuant to sections 302A-801 to 302A-808 from the Hawaii teacher standards board in such form as the Hawaii teacher standards board determines.

(c)  Beginning with the 2002-2003 school year, the department may employ unlicensed individuals as emergency hires pursuant to sections 302A-801 to 302A-808."]

     SECTION 21.  Section 302A-602.5, Hawaii Revised Statutes, is repealed.

     ["§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 teacher standards board pursuant to part III, subpart D."]

     SECTION 22.  Section 302A-603, Hawaii Revised Statutes, is repealed.

     ["§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 be fined not more than $25.

(b)  Beginning with the 1997-1998 school year, whoever serves in the department as a teacher, paid under the salary schedule contained in the unit 5 collective bargaining agreement, without holding an unrevoked or unsuspended license or credential issued under sections 302A-801 to 302A-808, shall be fined not more than $500.

(c)  Beginning with the 2002-2003 school year, an individual paid under the salary schedule contained in the unit 5 collective bargaining agreement, without holding an unrevoked license issued under sections 302A-801 to 302A-808, shall be fined not more than $500.

(d)  Beginning with the 2002-2003 school year, emergency hires shall not be subject to this penalty."]

     SECTION 23.  Section 302A-1001, Hawaii Revised Statutes, is repealed.

     ["[§302A-1001]  Student bias.  No person in the State, on the basis of sex, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational or recreational program or activity receiving state or county financial assistance or utilizing state or county facilities."]

     SECTION 24.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 25.  This Act shall take effect on July 1, 2050.

Report Title:

Education; Housekeeping

Description:

Amends or repeals various provisions of Chapter 302A, Hawaii Revised Statutes, for housekeeping and other purposes.  Effective 7/1/2050.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.