§26-12  Department of education.  Thedepartment of education shall be headed by an executive board to be known asthe board of education.

Under policies established by the board, thesuperintendent shall administer programs of education and public instructionthroughout the State, including education at the preschool, primary, andsecondary school levels, adult education, school library services, healtheducation and instruction (not including dental health treatment transferred tothe department of health), and such other programs as may be established bylaw.  The state librarian, under policies established by the board ofeducation, shall be responsible for the administration of programs relating topublic library services and transcribing services for the blind.

The functions and authority heretoforeexercised by the department of education (except dental health treatmenttransferred to the department of health), library of Hawaii, Hawaii countylibrary, Maui county library, and the transcribing services program of thebureau of sight conservation and work with the blind, as heretofore constitutedare transferred to the public library system established by this chapter.

The management contract between the board ofsupervisors of the county of Kauai and the Kauai public library associationshall be terminated at the earliest time after November 25, 1959, permissibleunder the terms of the contract and the provisions of this paragraph shallconstitute notice of termination, and the functions and authority heretoforeexercised by the Kauai county library as heretofore constituted and the Kauaipublic library association over the public libraries in the county of Kauaishall thereupon be transferred to the public library system established by thischapter.

The management contracts between the trusteesof the library of Hawaii and the Friends of the Library of Hawaii, and betweenthe library of Hawaii and the Hilo library and reading room association, shallbe terminated at the earliest time after November 25, 1959, permissible underthe terms of the contracts, and the provisions of this paragraph shallconstitute notice of termination.

Upon the termination of the contracts, theState or the counties shall not enter into any library management contractswith any private association; provided that in providing library services theboard of education may enter into contracts approved by the governor for theuse of lands, buildings, equipment, and facilities owned by any privateassociation.

Notwithstanding any law to the contrary, theboard of education may establish, specify the membership number and quorumrequirements for, appoint members to, and disestablish a commission in eachcounty to be known as the library advisory commission, which shall in each casesit in an advisory capacity to the board of education on matters relating topublic library services in their respective county. [L Sp 1959 2d, c 1, §18; amL 1965, c 175, §41(a); Supp, §14A-17; HRS §26-12; am L 1970, c 59, §1; am L1981, c 150, §1; am L 1997, c 202, §1]

 

Attorney General Opinions

 

  The three-year residence requirement of Constitution is notapplicable to the superintendent of education.  Att. Gen. Op. 66-27.

 

Case Notes

 

  Duty of supervision of students.  56 H. 337, 536 P.2d 1195.

  Budget expenditures of the department of education,discussed.  70 H. 253, 768 P.2d 1279.