HB2680

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

PRIVATE SCHOOL LICENSURE

§ -1 Definitions. As used in this chapter:

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Private schools" mean academic and noncollege type schools that meet the following requirements:

(1) Have developed and published a clear statement of purpose together with plans for a curriculum to carry out its purposes;

(2) Have an organization, structure, course offerings, and staffing acceptable for the school's stage of development;

(3) Have a properly functioning governing board;

(4) Have employed a chief executive officer;

(5) Offer instruction in all subject areas required by applicable law and has a written sequential curriculum;

(6) Have developed an adequate financial base to give reasonable assurance of continuing financial stability;

(7) Have an admissions policy compatible with its stated objectives;

(8) Have facilities to adequately support the educational program; and

(9) Have developed a plan to insure the safety of students, faculty, and staff,

and are issued permits under this chapter by the department authorizing the establishment of each school.

"Private schools" excludes:

(1) "Charter school" or "public charter school" as defined in section 302D-1;

(2) "Public schools" as defined in section 302A-101;

(3) "Private trade, vocational, or technical schools" as defined in section 302A-101;

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

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

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

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

(8) Avocational, hobby, recreation, or health classes or courses; and

(9) Schools registered or authorized by the department or by boards and commissions placed in the department for administrative purposes.

§ -2 Powers of the department. (a) The department shall serve as the agency for the licensing of private schools under this chapter.

(b) The department shall adopt rules to carry out the purposes of this chapter, including the adoption of rules pursuant to chapter 91 establishing requirements pertaining to the:

(1) Licensure of private schools;

(2) Teacher certification for private schools;

(3) Length of the school year and days for private schools;

(4) Private school curriculum;

(5) Recordkeeping of permanent records, annual reports, and the handling of complaints for private schools; and

(6) Health and safety requirements for private schools.

§ -3 Private schools; establishment; authorization and supervision by the department. (a) Every private school shall be subject to the supervision of the department under this chapter. Private school faculty, teachers, and other personnel shall be subject to rules and regulations established by the department including rules and regulations regarding the qualifications of and requirements for applicants.

(b) Any person or persons desiring to establish a private school within the State, prior to establishment of the school, shall apply in writing to the department.

(1) Be signed by the applicant or applicants; and

(2) Contain:

(A) The name or names of the persons desiring to establish the school;

(B) The proposed location of the school; and

(d) Upon receipt and approval of the application by the department, the department shall issue a permit to the person or persons applying for a permit in a form approved by the department authorizing the establishment of the school.

(e) No private school shall be operated by any person or persons unless there is first secured from the department a permit issued in accordance with this section and in such a form as the department may require.

(f) Attendance at any private school established or maintained without complying with the terms of this chapter shall not be considered attendance at a private school within the meaning of this section.

(g) No private school shall be established except in conformity with this chapter.

§ -4 Reporting. The department may, from time to time, require private schools to submit reports in a form as the department deems appropriate and necessary.

§ -5 Penalties. (a) Failure to meet the standards required of private schools or failure to comply with the provisions of law shall be cause for refusal to issue a permit or cause for the revocation or suspension of any permit.

(b) Failure to comply with this chapter shall constitute an offense punishable by a fine of not more than $ for each offense."

SECTION 2. This Act shall take effect days after the approval of this Act or upon the adoption of rules by the department of commerce and consumer affairs, whichever comes first.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2680
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII