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School board authority in Hawaii

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Hawaii state law makes the school board responsible for governing and managing the public school district for the state. This article details the powers and duties Hawaii law grants to the school board for governing this school district and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • Hawaii has only one school board appointed by the governor.[1]
  • The singular, statewide school district is divided into seven sub-districts, which are further divided into different areas.[1]
  • The island of O‘ahu has four sub-districts and the Maui sub-district spans three islands (Maui, Moloka‘i and Lāna‘i).[1]
  • While there is no legal requirement mandating they do so, the school board's policy is to provide sex ed curriculum to parents in advance and allow parents to write a request that their student be excused from sex ed instruction.[2]


    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
    • Parents' Bills of Rights, which at least 22 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in Hawaii

    Enabling or authorizing statute for the boards of school districts in Hawaii

    See also: Enabling statute

    Hawaii's State Constitution, Article 10, sections 2 and 3, creates the school district and give the board authority to operate according to state law:[3]

    “

    Section 2. There shall be a board of education composed of members who shall be elected in a nonpartisan manner by qualified voters, as provided by law, from two at-large school board districts. The first school board district shall be comprised of the island of Oahu and all other islands not specifically enumerated. The second school board district shall be comprised of the islands of Hawaii, Maui, Lanai, Molokai, Kahoolawe, Kauai and Niihau. Each at-large school board district shall be divided into departmental school districts, as may be provided by law. There shall be at least one member residing in each departmental school district. The Hawaii State Student Council shall select a public high school student to serve as a nonvoting member on the board of education.

    Section 3. The board of education shall have the power, as provided by law, to formulate statewide educational policy and appoint the superintendent of education as the chief executive officer of the public school system.[4]

    		”

    Powers and duties of Hawaii's school board

    The Hawaii public school board of directors is given broad authority over the administration of public schools in the state in the enabling legislation. The code expands on the authority the board has over district policy in HI Rev Stat § 302A-1112:[5]

    “

    Subject to chapter 91, the board may adopt rules for the government of all teachers, educational officers, other personnel, and pupils, and for carrying out the transaction of its business.[4]

    		”

    Constraints on the Hawaii school board's authority

    This section tracks school board constraints specific to Hawaii as of September 2024. It features constraints on the board's authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on the Hawaii school board's authority by topic

    This section features constraints on school boards authority on policies related to the following topics:

    Curriculum requirements

    Hawaii requires the following specific curricular topics to be included in the district's curriculum:[6]

    • computer science[7]

    Curriculum restrictions

    Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.

    Federal law and guidance

    Book bans, removals, and restrictions

    The Hawaii school board does not have the authority to remove books from school libraries.[9]

    “

    Public service library staff shall have the sole authority to select books and other resources to be purchased for the library to which they are assigned. The library manager shall have final overall authority to approve all selections of books and other resources made for the library. Selection decisions shall be made by public service library staff at such times and in such manner as the state librarian may determine and shall be in conformance with HSPLS' collection development goals and policies. [4]

    		”

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[10][11][12]

    Federal guidance


    Parental notification

    Ballotpedia could not identify any parental notification requirements in Hawaii statutes, regulations, case law, or collective bargaining agreements.

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[14]

    Discipline

    See also: How does Hawaii compare to other states on school board authority over disciplinary policy?

    Hawaii is one of 47 states that gives school boards authority over district disciplinary policy.

    The text of HI Admin Rules 8-19-1 is as follows:[15]

    “

    (b) It is the responsibility of every student to demonstrate respectful, responsible, non-discriminatory, safe, and ethical behaviors on department transportation, or during a department sponsored activity on or off school property. The department supports this through the establishment of a proactive systems approach to schoolwide discipline.

    (c) However, when a student's behavior violates established policies, rules, or regulations of the department, state or local laws, the department may take appropriate disciplinary action in accordance with this chapter. The purpose of school-administered discipline is to:

    (1) Promote and maintain a safe and secure educational environment;
    (2) Teach and acknowledge proper behavior which is beneficial to the educational process and self-development;
    (3) Deter students from acts which interfere with the purpose of education or which are self-destructive, self-defeating or anti-social;
    (4) Maintain proper student conduct to ensure that educational activities and responsibilities remain uninterrupted; and
    (5) Stop any discrimination (including unlawful discrimination), harassment (including sexual harassment), or bullying against a student based on. a protected class. [4]

    		”
    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in Hawaii, How does Hawaii compare to other states on school board authority over election timing?

    Hawaii has one statewide school district with an appointed board of education.

    Click here to read about the laws governing school board selection in Hawaii.

    Public school choice

    See also: School choice in Hawaii

    Hawaii had a state-wide public school choice program, as of October 2024, and the school board had the authority to grant a student's request to attend school outside of the geographic area in which that person lived, according to HI Admin Rules 8-13-1:[17]

    “

    Under Hawaii's laws, all persons of school age are required to attend the school in the geographic area in which they reside. However, permission to attend another school may be granted by the department as provided in this chapter, with the welfare of the student as a major consideration. When a student is granted a geographic exception, the student shall belong to the receiving school and shall enjoy all rights and privileges as are enjoyed by other students at the receiving school except as provided in this chapter. [4]

    		”

    Charter schools

    See also: Charter schools in Hawaii, How does Hawaii compare to other states on school board authority over charter schools?

    Hawaii is one of 10 states that do not give local school boards any authority over whether charter schools are issued in their district.

    The state public charter school commission has statewide chartering jurisdiction and authority. The commission is placed within the department of education for administrative purposes only:[18]

    §302D-3 State public charter school commission; establishment; appointment. (a) There is established the state public charter school commission with statewide chartering jurisdiction and authority. The commission shall be placed within the department for administrative purposes only. Notwithstanding section 302D-25 and any law to the contrary, the commission shall be subject to chapter 92.

    (b) The mission of the commission shall be to authorize high-quality public charter schools throughout the State.

    (c) The commission shall consist of nine members to be appointed by the board. The board shall appoint members who will be tasked with authorizing public charter schools that serve the unique and diverse needs of public school students. The chair of the commission shall be designated by the members of the commission for each school year beginning July 1, and whenever there is a vacancy. The board shall consider the combination of abilities, breadth of experiences, and characteristics of the commission, including but not limited to reflecting the diversity of the student population, geographical representation, and a broad representation of education-related stakeholders. Members of the commission shall collectively possess experience and expertise in public or nonprofit governance; management and finance; assessment; and public education. The commission shall be exempt from sections 26-34 and 26-36.

    (d) Understanding that the role of the commission is to ensure a long-term strategic vision for Hawaii's public charter schools, each nominee to the commission shall meet the following minimum qualifications:

    (1) Commitment to education. Each nominee's record should demonstrate a deep and abiding interest in education, and a dedication to the social, academic, and character development of young people through the administration of a high performing charter school system;

    (2) Record of integrity, civic virtue, and high ethical standards. Each nominee shall demonstrate integrity, civic virtue, and high ethical standards and be willing to hold fellow commission members to the same;

    (3) Availability for constructive engagement. Each nominee shall commit to being a conscientious and attentive commission member; and

    (4) Knowledge of best practices. Each nominee shall have an understanding of best practices in charter school educational governance or shall be willing to be trained in such.

    (e) Each nominee to the commission shall ideally meet the following recommended qualifications:

    (1) Experience governing complex organizations. Each nominee should possess experience with complex organizations, including but not limited to performance contract management, and a proven ability to function productively within them; and

    (2) Collaborative leadership ability. Each nominee should have substantial leadership experience that ideally illustrates the nominee's ability to function among diverse colleagues as an effective team member, with the ability to articulate, understand, and help shape consensus surrounding commission policies.

    (f) Five members of the commission shall constitute a quorum to conduct business. Any action taken by the commission shall be by a simple majority of the members of the commission who are present; provided that any action of the commission that may be appealed pursuant to section 302D-15 shall require a concurrence of at least five members to be valid.

    (g) Commission members shall serve not more than three consecutive three-year terms, with each term beginning on July 1; provided that the initial terms that commence after June 30, 2012, shall be staggered as follows:

    (1) Three members, including the chairperson, to serve three-year terms;

    (2) Three members to serve two-year terms; and

    (3) Three members to serve one-year terms.

    (h) Notwithstanding the terms of the members, the board may fill vacancies in the commission at any time when a vacancy occurs due to resignation, non-participation, the request of a majority of the commission members, or termination by the board for cause.

    (i) Commission members shall receive no compensation. When commission duties require that a commission member take leave of the member's duties as a state employee, the appropriate state department shall allow the commission member to be placed on administrative leave with pay and shall provide substitutes, when necessary, to fulfill that member's departmental duties. Members shall be reimbursed for necessary travel expenses incurred in the conduct of official commission business.

    (j) The commission shall operate with dedicated resources and staff qualified to execute the day-to-day responsibilities of the commission pursuant to this chapter. Beginning with the 2015-2016 fiscal year, the legislature shall make an appropriation to the commission separate from, and in addition to, any appropriation made to charter schools pursuant to sections 302D-28 and 302D-29.5.

    (k) The commission shall have the power to hire staff without regard to chapters 76 and 89. The commission shall determine staff wages, hours, benefits, and other terms and conditions for employment in accordance with chapter 89C.

    Cellphone bans

    See also: How does Hawaii compare to other states on cellphone laws?

    Hawaii is one of 16 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms.

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[19][20]

    The Hawaii school board is authorized to engage in collective bargaining agreements with school employees, which can constrain board authority. Since there is only one school board, there is only one collective bargaining agreement for school employees in the state. The agreement became effective on July 1, 2023 and will expire on June 30, 2027. Its text is provided below:[21]

    Parents' Bill of Rights

    Hawaii is one of 24 states that does not have a statewide Parents' Bill of Rights.

    However, Hawaii does have regulations that afford parents specific rights related to their students' records. The administrative regulation is as follows:[22]

    “

    (a) Parents shall have the following rights with respect to the education records of their children:

    (1) Inspect, review, challenge or obtain copies thereof; (2) Allow others to review them; and (3) Grant permission for their release. (b) The rights of parents shall be transferred to the student who has attained eighteen years of age.

    (c) Students under eighteen years of age shall have the right to receive all educational data pertinent to facilitating instruction, guidance and counseling.[4]

    		”

    How does Hawaii compare to other states?

    This section compares Hawaii's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[23]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development

    Ballotpedia has not identified any noteworthy events related to school board authority in Hawaii as of April 2025.

    See also

    1. ↑ 1.0 1.1 1.2 Hawai'i Department of Education, "Our Statewide School District," October 30, 2024
    2. ↑ Hawaii Board of Education, "Policy 103-5 Sexual Health Education," accessed October 30, 2024
    3. ↑ Justia Law, "Constitution of Hawaii, Article 10", accessed October 25, 2024
    4. ↑ 4.0 4.1 4.2 4.3 4.4 4.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    5. ↑ Justia Law, "2023 Hawaii Revised Statutes Title 18. Education 302A. Education 302A-1112 Rules," October 25, 2024
    6. ↑ Justia Law, "2023 Hawaii Revised Statutes Title 18. Education 302A. Education 302A-321 Standards-based curriculum," October 25, 2024
    7. ↑ Justia Law, "2023 Hawaii Revised Statutes Title 18. Education 302A. Education 302A-323 Computer science; curricula plan; public schools," October 25, 2024
    8. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    9. ↑ Justia Law "Hawaii Administrative Rules Title 8 - DEPARTMENT OF EDUCATION Subtitle 3 - PUBLIC LIBRARIES Chapter 201.2 - SELECTION AND ACQUISITION OF LIBRARY MATERIAL Section 8-201.2-3 - Selection of library material" accessed October 25, 2024
    10. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    11. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    12. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    13. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    14. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." accessed July 7, 2025
    15. ↑ Justia Law, "Hawaii Administrative Rules Title 8 - DEPARTMENT OF EDUCATION Subtitle 2 - EDUCATION Part 1 - PUBLIC SCHOOL Chapter 19 - STUDENT MISCONDUCT, DISCIPLINE, SCHOOL SEARCHES AND SEIZURES, REPORTING OFFENSES, POLICE INTERVIEWS AND ARRESTS, RESTITUTION FOR VANDALISM, AND COMPLAINT PROCEDURE AND INVESTIGATION OF DISCRIMINATION, HARASSMENT (INCLUDING SEXUAL HARASSMENT), BULLYING AND/OR RETALIATION Subchapter 1 - GENERAL PROVISIONS Section 8-19-1 - Philosophy", accessed October 25, 2024
    16. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    17. ↑ Justia Law, "Hawaii Administrative Rules Title 8 - DEPARTMENT OF EDUCATION Subtitle 2 - EDUCATION Part 1 - PUBLIC SCHOOL Chapter 13 - GEOGRAPHICAL EXCEPTIONS Section 8-13-1 - Philosophy", accessed October 25, 2024
    18. ↑ Justia Law, "2023 Hawaii Revised Statutes Title 18. Education 302D. Public Charter Schools 302D-3 State public charter school commission; establishment; appointment." accessed October 25, 2024
    19. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    20. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    21. ↑ Hawai'i State Teachers' Association, "Agreement between the Hawaiʻi State Teachers Association and the State of Hawaiʻi Board of Education 2023–2027," November 20, 2024
    22. ↑ Justia, "HI Admin Rules 8-34-4," accessed August 11, 2025
    23. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
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