§302A-1128  Department powers and duties. (a)  The department shall have entire charge and control and be responsible forthe conduct of all affairs pertaining to public instruction in the publicschools the department establishes and operates, including operating andmaintaining the capital improvement and repair and maintenance programs fordepartment and school facilities.  The department may establish and maintainschools for secular instruction at such places and for such terms as in itsdiscretion it may deem advisable and the funds at its disposal may permit.  Theschools may include high schools, kindergarten schools, schools or classes forpregrade education, boarding schools, Hawaiian language medium educationschools, and evening and day schools.  The department may also maintain classesfor technical and other instruction in any school where there may not be pupilssufficient in number to justify the establishment of separate schools for thesepurposes.

(b)  The department shall regulate the coursesof study to be pursued in all grades of the public schools it establishes andoperates, and classify them by methods the department deems proper; providedthat:

(1)  The course of study and instruction shall beregulated in accordance with the statewide performance standards establishedunder section 302A-201;

(2)  All pupils shall be progressively competent inthe use of computer technology; and

(3)  The course of study and instruction for the firsttwelve grades shall provide opportunities for all students to developcompetency in a language in addition to English.

The department shall develop statewideeducational policies and guidelines based on this subsection without regard tochapter 91.

For the purposes of this subsection, the terms"progressively competent in the use of computer technology" and"competency in a language in addition to English" shall be defined bypolicies adopted by the board.  The board shall formulate statewide educationalpolicies allowing the superintendent to exempt certain students from therequirements of paragraphs (2) and (3) without regard to chapter 91.

(c)  Nothing in this section shall interferewith those persons attending a summer school. [L 1996, c 89, pt of §2; am L1998, c 309, §2; am L 1999, c 190, §1; am L 2000, c 20, §1; am L 2003, c 220,§2; am L 2004, c 133, §4; am L 2005, c 189, §4; am L 2006, c 298, §19]

 

Cross References

 

  Hawaiian language medium education, see chapter 302H.

  Transcription of instructional materials, see §103-72.

 

Law Journals and Reviews

 

  "Officially" What?  The Legal Rights andImplications of `Ōlelo Hawai`i.  30 UH L. Rev. 243.