§26-12  Department of education.  The
department of education shall be headed by an executive board to be known as
the board of education.



Under policies established by the board, the
superintendent shall administer programs of education and public instruction
throughout the State, including education at the preschool, primary, and
secondary school levels, adult education, school library services, health
education and instruction (not including dental health treatment transferred to
the department of health), and such other programs as may be established by
law.  The state librarian, under policies established by the board of
education, shall be responsible for the administration of programs relating to
public library services and transcribing services for the blind.



The functions and authority heretofore
exercised by the department of education (except dental health treatment
transferred to the department of health), library of Hawaii, Hawaii county
library, Maui county library, and the transcribing services program of the
bureau of sight conservation and work with the blind, as heretofore constituted
are transferred to the public library system established by this chapter.



The management contract between the board of
supervisors of the county of Kauai and the Kauai public library association
shall be terminated at the earliest time after November 25, 1959, permissible
under the terms of the contract and the provisions of this paragraph shall
constitute notice of termination, and the functions and authority heretofore
exercised by the Kauai county library as heretofore constituted and the Kauai
public library association over the public libraries in the county of Kauai
shall thereupon be transferred to the public library system established by this
chapter.



The management contracts between the trustees
of the library of Hawaii and the Friends of the Library of Hawaii, and between
the library of Hawaii and the Hilo library and reading room association, shall
be terminated at the earliest time after November 25, 1959, permissible under
the terms of the contracts, and the provisions of this paragraph shall
constitute notice of termination.



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



Notwithstanding any law to the contrary, the
board of education may establish, specify the membership number and quorum
requirements for, appoint members to, and disestablish a commission in each
county to be known as the library advisory commission, which shall in each case
sit in an advisory capacity to the board of education on matters relating to
public library services in their respective county. [L Sp 1959 2d, c 1, §18; am
L 1965, c 175, §41(a); Supp, §14A-17; HRS §26-12; am L 1970, c 59, §1; am L
1981, c 150, §1; am L 1997, c 202, §1]



 



Attorney General Opinions



 



  The three-year residence requirement of Constitution is not
applicable 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.