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Notice #: 0000105856-01
Public Notices

Notice of Public Hearings

Pursuant to Hawaii Revised Statues (HRS) chapter 91, notice is hereby given that the Hawaii State Board of Education (BOE) will hold public hearings to hear all persons interested in the following actions regarding these chapters under Title 8, Hawaii Administrative Rules:

1. Proposal to amend chapter (ch.) 19, Student Misconduct, Discipline, School Searches and Seizures, Reporting Offenses, Police Interviews and Arrests, and Restitution for Vandalism and Negligence

Generally, ch. 19 is proposed to be amended by clarifying definitions and general provisions for disciplinary action, and to incorporate, pursuant to HRS § 302A-1134.6, the administration of a substance abuse screening tool.

2. Proposal to amend ch. 27, Transportation of Students

Generally, ch. 27 is proposed to be amended to: allow the Department of Education (DOE) to set school bus fare; increase the “walk distance” for students in grades 6-12; and remove the appeal of the superintendent’s decision.

3. Proposal to amend ch. 37, School Lunch Program

Generally, ch. 37 is proposed to be amended to: allow the DOE to set meal prices; allow the DOE to determine eligibility criteria for free and reduced price meals; limit the required information for application for free or reduced price meals; and require the DOE to conduct eligibility verification.

4. Proposal to amend ch. 38, Consolidation of Public Schools

Generally, ch. 38 is proposed to be amended to: transfer the responsibility for initiating a consolidation study to the superintendent; eliminate the requirement for a task force; require the superintendent to report the results of the study; and require the DOE, at the direction of the BOE, to conduct a public hearing.

5. Proposal to promulgate ch. 61, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and proposal to repeal ch. 53, Provision of Appropriate Education for Qualified Students With Disabilities Under Section 504, Subpart D

The BOE proposes to repeal ch. 53 and replace it with ch. 61, which is being promulgated in order to closely align the DOE’s administrative rules with Section 504 of Rehabilitation Act of 1973 and Section 504 regulations.

6. Proposal to promulgate ch. 60, Provision of a Free Appropriate Public Education for a Student With a Disability; and proposal to repeal ch. 56, Provision of a Free Appropriate Public Education for a Student with a Disability

The BOE proposes to repeal ch. 56 and replace it with ch. 60, which is being promulgated to closely align the DOE’s administrative rules with the Individuals with Disabilities Act (IDEA), reauthorized in 2004.


Public hearings are scheduled for the following areas:
– Leeward District: Mon., April 6, 2009, 3:30 p.m., Kapolei High Cafeteria, 91-5007 Kapolei Pkwy., Kapolei, HI 96707;
– Windward District: Wed., April 8, 2009, 3:30 p.m., King Inter. Cafeteria, 46-155 Kamehameha Hwy., Kaneohe, HI 96744;
– Kauai: Mon., April 13, 2009, 3:30 p.m., Chiefess Kamakahelei Middle Cafeteria, 4431 Nuhou St., Lihue, HI 96766;
– Central District: Wed., April 15, 2009, 3:30 p.m., Moanalua High Cafeteria, 2825 Ala Ilima St., Hon., HI 96818;
– Molokai: Fri., April 17, 2009, 3:30 p.m., Kaunakakai Elem. Cafeteria, 30 Ailoa St., Kaunakakai, HI 96748;
– Hawaii – Kona District: Mon., April 20, 2009, 3:30 p.m., Konawaena High Cafeteria, 81- 1043 Konawaena School Rd., Kealakekua, HI 96750;
– Honolulu District: Tues., April 21, 2009, 3:30 p.m., Roosevelt High Auditorium, 1120 Nehoa St., Hon., HI 96822;
– Maui: Fri., April 24, 2009, Baldwin High Multi-Purpose Rm., 3:30 p.m., 1650 Kaahumanu Ave., Wailuku, HI 96793;
– Hawaii – Hilo: Mon., April 27, 2009, 3:30 p.m., Waiakeawaena Elem. Library, 2420 Kilauea Ave., Hilo, HI 96720; and
– Lanai: Thur., April 30, 2009, 3:30 p.m., Lanai High & Elem. Cafeteria, 555 Fraser Ave., Lanai City, HI 96763.

Decision making on the proposed administrative rules will take place during two special meetings. No testimony will be taken at these special decision-making meetings. The special meetings will be held at the Queen Liliuokalani Bldg., 1390 Miller St., Rm. 404, Hon., HI 96813, at 3:00 p.m. on the following dates:
– May 22, 2009 – Special decision-making meeting on chs. 27, 37, and 38; and
– May 26, 2009 – Special decision-making meeting on chs. 19, 53, 56, 60, and 61.


All interested persons shall be afforded the opportunity to submit data, views or arguments, orally or in writing, on the proposals to the administrative rules at the time of the public hearing. Persons wishing to submit written testimony are requested to submit at least one copy of their written testimony at the time of their presentation.

Others who are unable to speak at a public hearing are encouraged to submit their written testimony to the Office of the Board of Education at P.O. Box 2360, Honolulu, HI 96804, or online at All testimonies must be received no later than April 30, 2009.

Persons requiring special assistance or services such as a sign language interpreter, should call 586-3349 or via relay, at least ten business days before the public hearing.


The proposals may be viewed in person free of charge between the hours of 7:45 a.m. to 12:00 p.m., and 1:00 p.m. to 4:30 p.m., Mon. through Fri., excluding State and federal holidays, at the following locations:
– Office of the Board of Education: 1390 Miller Street, Rm. 405, Hon., HI, 96813;
– Honolulu District Office: 4967 Kilauea Ave., Hon., HI 96816;
– Central Oahu District Office: Mililani Tech. Park, Leilehua Bldg., 300 Kahelu Ave., Ste. 50, Mililani, HI 96789;
– Leeward Oahu District Office: Kakuhihewa State Office Bldg., 601 Kamokila Blvd., #418, Kapolei, HI 96707;
– Windward Oahu District Office: 46-169 Kamehameha Hwy., Kaneohe, HI 96744;
– Hawaii District Office: 75 Aupuni Street, Rm. 203, Hilo, HI 96720;
– West-Hawaii Complex Area Office: 75-140 Hualalai Rd., Kailua-Kona, HI 96740;
– Maui District Office: 54 High St., 4th Fl., Wailuku, HI 96793;
– Molokai Complex Office: 651 Makaena Pl., Kaunakakai, HI 96748
– Lanai High & Elem.: 555 Fraser Ave., Lanai City, HI 96763; and
– Kauai Complex Area Office: 3060 Eiwa St., Rm. 305, Lihue, HI 96766.

Copies of the proposed rules may be picked up at the above addresses during the days and hours of operation listed. Copies of the proposed rules can be obtained for a copying fee of 10 cents per page plus any postage cost.

Any interested person who submits a written request to the Office of the Board of Education, P.O. Box 2360, Hon., HI, 96804, will be mailed a copy of the requested rule(s) upon receipt of the applicable fees for copy and postage by the Office of the Board of Education. The written request should provide the name, address and telephone number of the requestor, and the specific administrative rule(s) being requested. Contact information will be used by the Office of the Board of Education to inform requestors of applicable fees for copy and postage.

The BOE’s website,, provides a more detailed description of the proposed rule changes, and the option to download, free of charge, the full text of the proposals for all of the administrative rules.
(SB105856 3/6/09)