§302A-1128 - Department powers and duties.

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

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

(1)  The course of study and instruction shall be
regulated in accordance with the statewide performance standards established
under section 302A-201;

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

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

The department shall develop statewide
educational policies and guidelines based on this subsection without regard to
chapter 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 by
policies adopted by the board.  The board shall formulate statewide educational
policies allowing the superintendent to exempt certain students from the
requirements of paragraphs (2) and (3) without regard to chapter 91.

(c)  Nothing in this section shall interfere
with those persons attending a summer school. [L 1996, c 89, pt of §2; am L
1998, 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 and
Implications of `Ōlelo Hawai`i.  30 UH L. Rev. 243.