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Notice #: 0001207453-01
Public Hearings

NOTICE OF PUBLIC HEARING

This Notice of Public Hearing was previously published with a hearing date and time of July 2, 2019, at 10:00 a.m., which is hereby cancelled and is now rescheduled to July 16, 2019, at 10:00 a.m. Pursuant to Hawaii Revised Statutes (“HRS”) Chapter 91, notice is hereby given that the Department of Education (“DOE”), on behalf of the Board of Education (“BOE”), will hold a public hearing to hear all persons interested in the following actions regarding these chapters under Title 8, Hawaii Administrative Rules:

1. Proposal to amend Chapter 8-19, Hawaii Administrative Rules (“HAR”), Student Misconduct, Discipline, School Searches and Seizures, Reporting Offenses, Police Interviews and Arrests, and Restitution for Vandalism, to make it consistent with the agreement entered into by the DOE with the United States Department of Education, Office for Civil Rights (“Agreement”) as well as the DOE’s current policies and practices.
2. Proposal to repeal Chapter 8-41, HAR, Civil Rights Policy and Complaint Procedure, because it is outdated and refers to non-existent entities.
3. Proposal to adopt Chapter 8-89, HAR, Civil Rights Policy and Complaint Procedure for Student(s) Complaints Against Adult(s), to be consistent with the Agreement and with current DOE policies and practices.

SCHEDULE OF PUBLIC HEARING

The public hearing will be held on Tuesday, July 16, 2019, at 10:00 a.m. in the BOE Board Room, 1390 Miller Street, Room 404, Honolulu, Hawaii 96813.

PUBLIC TESTIMONY

All interested persons shall be afforded the opportunity to submit data, views, or arguments, orally or in writing, on the proposed administrative rules at the time of the public hearing. Persons wishing to submit written testimony are requested to submit at least three copies of their written testimony by Tuesday, July 16, 2019, to the DOE, 1390 Miller Street, Room 416, Honolulu, Hawaii 96813. By the same date, written testimony may also be filed via email at crco@notes.k12.hi.us.

Persons who will require special assistance or services, such as a sign language interpreter, at the public hearing are invited to call (808) 586-3322 or via relay, at least ten business days before the public hearing.

AVAILABILITY OF COPIES OF THE PROPOSED RULES AND OTHER RELATED INFORMATION

The proposed rules may be viewed and downloaded free of charge from the BOE’s web site at http://boe.hawaii.gov/policies/AdminRules/Pages/default.aspx or the Lieutenant Governor’s website at http://hawaii.gov/ltgov/office/adminrules.

The proposed rules may also be reviewed in person free of charge between 7:45 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m., Monday through Friday, excluding State and federal holidays at the following locations:

– DOE, Civil Rights Compliance Branch: 1390 Miller Street, Room 416, Honolulu, Hawaii 96813;
– DOE, Hawaii District Office: 75 Aupuni Street, Room 203, Hilo, Hawaii 96720;
– DOE, West-Hawaii Complex Area Office: 75-140 Hualalai Road, Kailua-Kona, Hawaii 96740;
– DOE, Maui District Office: 54 High Street, Room 401, Wailuku, Hawaii 96793; and
– DOE, Kauai District Office: 3060 Eiwa Street, Room 301, Lihue, Hawaii 96766.

A copy of the proposed rules may be picked up at the above addresses during the days and hours of operation listed. A copying fee of 10 cents per printed page will be assessed upon pick up of the proposal resulting in a cost of $4.10 for Chapter 8-19, Student Misconduct, Discipline, School Searches and Seizures, Reporting Offenses, Police Interviews and Arrests, and Restitution for Vandalism, and a cost of $1.50 for Chapter 8-89, Civil Rights Policy and Complaint Procedure for Student(s) Complaints Against Adult(s).
A copy of the proposed rules may also be mailed to any person who requests a copy. Copying costs, as described above, will apply. The request must be submitted in writing to the Civil Rights Compliance Branch, 1390 Miller Street, Room 416, Honolulu, Hawaii 96813, and include mailing and contact information for the requestor and the required payment, as noted above for the proposed rule, in the form of a check made payable to “Department of Education.”
Decision-making on the proposed administrative rules will take place at a properly noticed meeting of the Board of Education General Business Meeting. The date and time of the decision-making meeting will be announced at the public hearing. No testimony will be taken at this decision-making meeting.

Dr. Christina M. Kishimoto, Superintendent
Hawaii Department of Education
State of Hawaii
(SA, TGI, HTH, WHT 1207453 6/14/19)