Pursuant to Hawai’i Revised Statutes sections 302A-1112 and Chapter 91-3(d)(1), notice is hereby given that the State of Hawai’i, Department of Education (“DOE”), will request a waiver of public hearing for the proposed amendment to Chapter 8-13, Geographical Exceptions, Hawai’i Administrative Rules.

The proposed amendment and request for waiver of public hearing will allow the DOE to comply with the Honorable Helen Gillmor’s order granting a preliminary injunction in Olivé Kaleauti, et al. v. Judy Tonda, et al., Civil No. 07-00504. The due dates provided in the order require the DOE to request from the Governor a waiver to forego the public hearing process to amend Chapter 8-13.

The proposed amendment to Chapter 8-13 will make clear that this chapter is not applicable to McKinney-Vento eligible students (e.g. homeless students), unless they seek enrollment at a school other than the school of origin or the home school for the area where they temporarily reside.

A copy of the proposed rules will be mailed to any person who requests a copy upon receipt of $6.00 for the copy and postage. Please submit your request to the Office of Information and Technology Services, P.O. Box 2360, Honolulu, Hawai’i, 96804, or call (808) 586-3307 to request a copy.

Copies may also be picked up at the following addresses between 7:45 a.m. and 4:30 p.m., Monday through Friday, excluding holidays: Department of Education, Office of Information and Technology Services, 1390 Miller Street, Room 321, Honolulu, Hawai’i, 96813, or at the Department of Education, Information Resource Management Branch, 601 Kamokila Boulevard, Room 409, Kapolei, Hawai’i, 96707. The cost of a copy, $4.50, is due and payable at the time of pick up.