HAR §8-38-4
HAR §8-38-4. Procedures and guidelines
Cite as Haw. Code R. § 8-38-4
(a) When a consolidation study must
be initiated in accordance with section 8-38-3, the superintendent
shall submit a written report to the board that the department will
initiate a consolidation study and the reasons why a consolidation
study is being conducted. Following the submission of such report to
the board, the department may conduct the consolidation study.
(b) Based upon findings of the consolidation study, the
superintendent shall then render a written report to the board, which
shall include, but not be limited to, the following considerations:
(1) The advantages and disadvantages of consolidation in respect
to efficient school administration and providing equal
educational opportunity;
(2) The adequacy of facilities, equipment, programs,
transportation service, and other support services at the school
which may be closed and the school to which students may be
transferred;
(3) Social impact on the children, schools, community and those
involved in the consolidation;
(4) The net financial savings that may be realized from
consolidation, including projections of additional expenditures
at the school which may receive transferred students;
(5) Potential new residential developments, projected changes in
enrollment, and other relevant demographic considerations;
(6) Suitability of using portions of the school facilities to
accommodate space requirements of other department or state
activities; and
(7) A suggested timetable for implementation if consolidation is
recommended.
(c) Upon receiving the report, the board shall review the report and
direct the superintendent, who shall designate a department official
as the hearing officer, to conduct a public hearing within sixty days
of the board’s receipt of the report to receive community input on
the report. Said report shall be posted on the department’s website
and hard copies shall be made available for review at the affected
school(s). The superintendent shall notify members of the community
of the public hearing by placing a notice in a newspaper of general
or area circulation in the State and by such other means as the
[district] superintendent determines appropriate.
(d) The superintendent shall submit a summary of the public hearing
and the superintendent’s recommendations to the board within thirty
days of the close of the public hearing.
(e) The board shall conduct such proceedings as it deems appropriate
to reach a decision on the consolidation proposal. The decision of
the board shall be final.” [Eff. 8/23/84; am and comp 2/1/01; am and
comp 6/15/09] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1112,
302A-1129)