Mandate: State Board of Education Policy 2100 (1999) charges the Department of Education with providing an academic program that will allow students to take part in learning experiences that include health and fitness, however, no specific content, grades, or levels are specified. Students are required to complete credit in health education for high school graduation per State Board of Education Policy 4540 (2004).

The state Wellness Guidelines (2006), which schools are require to implement over a four year period through 2010-11, require 45 minutes of standards-based health education classes per week for grades K-3, 55 minutes per week for grades 4-5, 107 minutes per week for elementary grade 6, and 200 minutes per week for secondary grades 6-12. 

Curriculum Content: The state has adopted Content and Performance Standards for Health (2005). However, Hawaii does not require schools to follow a specific curriculum.

State Assessment Requirement: None.

Mandate: State Board of Education Policy 4540 (2006) requires one credit of physical education for high school graduation.

The state Wellness Guidelines, which schools are required to implement over a four year period through 2010-11, require 45 minutes of physical education classes per week for grades K-3, 55 minutes per week for grades 4-5, 107 minutes per week for elementary grade 6, and 200 minutes per week for secondary grades 6-12.  The Wellness Guidelines also specify that physical activity may not be used as punishment and schools may not withold physical activity as punishment.

Exemptions: None specified.

Curriculum Content: The state has adopted Physical Education Content Standards (2005) for grades K-12 that serves as a guideline, but is not a specific curriculum for schools to follow.

Physical Fitness Assessment: None.

Not specifically required.

The Content and Performance Standards for Health (2005), while not requiring specific curricula, does set standards. Standard 3 recommends students in grades K-12 learn health-enhancing personal coping and stress management strategies

Character Education: State Board of Education Policy 2109 (2005) requires character education to be incorporated into the curriculum for all grades modeled by moral leadership from school administrators, teachers, and students.

Mandate: State Board of Education Policy 2110 (1995) requires the Department of Education to instruct students that “abstention from sexual intercourse is the surest and most responsible way to prevent unintended pregnancies, sexually transmitted diseases such as HIV/AIDS, and consequent emotional distress,” however, grades or levels are not specified. The Content and Performance Standards for Health (2005) list sexual health among the content areas to be addressed but does not go into detail.

Curriculum Content: HRS 321-11.1 (2009) requires that sexuality education programs funded by the state must include medically accurate and factual information that is age appropriate and includes education on abstinence, contraception, and methods of disease prevention to prevent unintended pregnancy and STDs, including HIV.

The state does not require schools to follow a specific curriculum, nor does it provide curriculum resources. State Board of Education Policy 2245 (1994) on Prophylactics in the Public Schools states, “The Board of Education is committed to the health education of our students which may include, within its study of human reproduction, a discussion of birth control devices but the distribution of condoms and other prophylactic devices to students shall be prohibited in the classroom, on the school campus or at any school-related activities.”

Parental Approval: No state policy.

The state-adopted Content and Performance Standards for Health (2005) include instruction in nutrition for grades K-12, but do not require schools to follow a specific curriculum.

Alcohol: Content and Performance Standards for Health (2005) include alcohol use prevention instruction for grades K-12, but do not require a specific curriculum to be followed.

Tobacco: The Content and Performance Standards for Health (2005) include tobacco use prevention instruction for grades K-12, but do not require a specific curriculum to be followed.

Drugs: The Content and Performance Standards for Health  (2005) include drug use prevention instruction for grades K-12, but do not require a specific curriculum to be followed.

Bullying/Harassment: Standard 5 of Content and Performance Standards for Health  (2005) recommends students in grades K-5 are taught strategies to avoid inappropriate communications.

Fighting/Gangs: Standard 5 of the Content and Performance Standards for Health  (2005) recommends students in grades K-3 and 9-12 are taught non-violent conflict resolution strategies, such as collaboration and negotiation.

Suicide and Other Self-Abuse Prevention: Not specifically required.

Professional Development: HRS 321-81 (1959) requires the department of health to conduct in training for staffs of schools and others who deal with problems involving food and nutrition.

Pre-service Requirement: The minimum requirement for prospective health teachers in elementary, middle, and high school grades prior to licensure is a bachelor's degree, with no additional coursework in health. The specific details of initial licensure are outlined in Administrative Rule 8-54-9 (1998).

Professional Development: None specified.

Pre-service Requirement: The minimum requirement for prospective physical education teachers in elementary, middle, and high school grades prior to licensure is a bachelor's degree, with no additional coursework in physical education. The specific details of initial licensure are outlined in Administrative Rule 8-54-9 (1998). 

Professional Development: None specified.

Pre-service Requirement: None specified.

Professional Development: None specified.

Student-to-Nurse Ratio: None specified.

Pre-service Requirement: HRS 320A-253 (2007) allows health aides to assist students in administering oral and topical medication, and in emergency situations, other premeasured medication. The following provisions must be met: (1) Parental authorization, (2) Medication has been prescribed by a licensed physician or other authorized practitioner, (3) Approval of the department of health, and (4) The administration of medication is necessary for the student's health and his or her attendance at school.

Professional Development: None specified.

Pre-service Requirement: Although a policy is not specified, the state reports that successful completion of PRAXIS and a master's degree in counseling from an accredited university are required.

Professional Development: Hawaii Teacher Standards Board license requires PD points to maintain status.

Student-to-Counselor Ratio: ASCA recommends 250 to 1 ratio of students to school counselor.

Pre-service Requirement: None specified.

Professional Development: None specified.

Student-to-Psychologist Ratio: HRS 302A-633.5 (2000) permits the board of education to appoint school psychologists as necessary.

Pre-service Requirement: Although a policy is not specified, the state reports that a master's in social work degree from an accredited university is required.

Professional Development: Hawaii Teacher Standards Board license requires PD points to maintain status.

Student-to-Social Worker Ratio: None specified.

Pre-service Requirement: None specified.

Professional Development: None specified.

Pre-service Requirement: Although a policy is not specified, the state reports that each individual must meet the following requirements: 1) Immigration Reform and Control Act of 1986; 2) Criminal History Record; 3) Background check; and 4) TB Clearance.

Professional Development: All head coaches and assistant coaches, listed on the Form 435 (Application for High School Coaching Allotment), must be certified in the National Federation of High School Coaches Education Program. This certification requirement is to be completed within 2 years upon initial hire.

Additional Accountability Requirements:The State Board of Education amended its Health, Wellness, and Safety Policy in 2006 to require the Department of Education to create a plan for measuring implementation of the wellness policy. Hawaii is unique in that the entire state constitutes a single school district.

Additional Content Requirements: The State Board of Education amended its Health, Wellness, and Safety Policy in 2006 to require the Department of Education to set goals for nutrition education, physical activity, and other school-based activities and create nutrition guidelines for all foods that are available on each school campus during the school day.

Guidance Materials:The Department of Education's comprehensive Wellness Guidelines document was created with input from multiple public and private stakeholders. It includes minimum standards for nutrition, nutrition and health education, physical activity and professional development, plus "how-to" suggested methods for implementation of wellness programs.

Other: None

Food Services: Administrative Rule 8-37-2 (1995) requires public schools to participate in the benefits of the National School Lunch Program, School Breakfast Program, and the Community Program to the extent possible. State Board of Education Policy 6800 (1971) requires each public school to provide food services that meet nutritional needs to students at a minimum cost. HRS 302A-404 (1996) requires school lunches to be made available in every school where students are required to eat lunch.

State Board of Education Policy 6810 (2006) limits the sale of food in all elementary and secondary schools to the School Breakfast Program, School Lunch Program, approved cafeteria supplementary food items, and foods prepared by culinary arts programs as a part of their educational program.

Wellness guidelines (2008) adopted by the Departments of Education and Health establish the following nutrition guidelines for all foods on campus:

• Nutrition information for products offered in snack bars, ala carte, vending, etc. is readily available near the point of purchase
• All snack and beverage items sold or served anywhere on school property, including items sold in ala carte lines and fundraisers, provided in classrooms, or served in the reimbursable After School Snack Program, must meet the following standards (per serving). Standards do not apply to fresh fruits and vegetables, nuts and seeds.
  • All foods sold to students must comply with current USDA Dietary Guidelines
  • No more than 8 grams of total fat
  • No more than 2 grams of saturated fat
  • Zero grams of trans fat
  • No more than 200 calories
  • No more than 200 milligrams of sodium
  • No more than 8 g of sugar
  •  
  
  

• Water without flavoring, additives, or carbonation
• Low-fat (1-percent) and nonfat milk in 8-oz. portions:
  • Lactose-free and soy beverages are included
  • Flavored milk with no more than 22 g of total sugar per 8-oz. portion
• 100 percent fruit juice
  • 4-oz. portion for elementary/middle school
  • 8-oz. (two portions) for high school
• Caffeine-free, with the exception of trace amounts of naturally occurring caffeine substances (e.g., chocolate milk)

• Non-caffeinated, non-fortified beverages with less than 5 calories per portion as packaged (with or without non-nutritive sweeteners, carbonation, or flavoring)
• Sports drinks for student athletes participating in sport programs involving vigorous activity of more than one hour's duration. 

Adequate Time to Eat: No state policy.

School Breakfast: No state policy.

Food Allergies: No state policy.

Farm-to-School: No state policy.

Vending Machines/School Stores:  State Board of Education Policy 6810 stipulates that from the beginning of the school day to the end of the school day, with the exception of certain vending machines deemed appropriate by the Department of Education and all-school events approved by the principal, schools are not allowed to permit the sale of other foods.  Beverage selections from school vending machines available to students must contain only beverages deemed appropriate by the Department of Education (DOE).  The DOE defines healthy beverages" as milk, flavored milk, water and fruit juice containing at least 50 percent juice or other choice deemed appropriate by the DOE. Beverages other than water shall not be sold when meals are served.

Other Food Sales: Wellness guidelines (2008) adopted by the Departments of Education and Health establish the following nutrition guidelines for all foods on campus:

• Nutrition information for products offered in snack bars, ala carte, vending, etc. is readily available near the point of purchase
• All snack and beverage items sold or served anywhere on school property, including items sold in ala carte lines and fundraisers, provided in classrooms, or served in the reimbursable After School Snack Program, must meet the following standards (per serving). Standards do not apply to fresh fruits and vegetables, nuts and seeds.
  • No more than 8 grams of total fat
  • No more than 2 grams of saturated fat
  • Zero grams of trans fat
  • No more than 200 calories
  • No more than 200 milligrams of sodium
  • More than 2 grams of dietary fiber
• All beverages may not exceed 12 ounces, with the exception of water and 1% or less milk.
• Products containing 2% milk fat or more may not exceed 8 ounces.
• Limit sugar

HRS 302A-1146 (2004) states that it is unlawful for any public school to operate stores or sell merchandise except for school lunches, milk, ice cream, candy, and products made from the school without written permission by the department.

School Gardening: House Resolution 21 (2005) encourages the Department of Education, Board of Education and Hawaii Association of Independent Schools to evaluate the liability of and consider policies that would allow School Community Councils the choice of establishing an edible garden program at their schools. It also encourages them to consider policies that integrate edible school gardens into school curriculums and school nutritional programs. The Resolution requires the DOE to submit a report to the legislature on its progress in establishing edible school gardens and integrating them into school curriculums.

Recess or Physical Activity Breaks: State Board of Education Policy 1110-6 (2006) requires the Department of Education to establish regulations or guidelines for physical activity. The resulting Wellness Guidelines (2006) requires public schools to provide all students in all grades with at least 20 minutes a day of supervised recess, during which schools must encourage moderate to vigorous physical activity. At the middle and high school levels, the policy is interpreted as requiring schools to provide the means to be physically active (intramurals, equipment, etc). The policy must be implemented by the 2010-2011 school year.

The Wellness Guidelines (2006) state that schools may not use physical activity as a punishment nor withhold opportunities for physical activity as punishment.

General Physical Activity Requirement: No state policy. However State Board of Education Policy 1110-6 (2006) requires the Department of Education to establish regulations or guidelines for physical activity. The resulting Wellness Guidelines (2006) requires public schools to provide all students in all grades with at least 20 minutes a day of supervised recess, during which schools must encourage moderate to vigorous physical activity.

Recess Before Lunch: No state policy.

Walking/Biking to School: Statute 291C-A (2012) creates a safe routes to school program within the department of transportation and creates a position of safe routes to school program coordinator.A county designated office, through the county safe routes to school program coordinator, and in consultation with the department of education, department of health, and Hawaii Association of Independent Schools, must provide safe routes to school funds for school-based and community-based workshops and infrastructure and non-infrastructure projects that will reduce vehicular traffic and congestion, encourage walking and bicycling, and promote health and safety around Hawaii’s schools.

Interscholastic Athletics: No state policy.

Concussion or Sports Related Head Injury: No state policy.

Automated External Defibrillator (AED): No state policy.

State Board of Education Policy 4200 (1991) requires, "The Department of Education [to] provide a caring environment conducive to the physical, mental, social, and emotional well-being of students while they are participating in school activities". State Board of Education Policy 2290 (1998) reserves the right for every student to receive an education in a safe and orderly environment.

State Board of Education Policy 4201 (2002) states that it is the belief of the Board that public school staff should maintain an orderly, safe environment conducive to learning. State Board of Education Policy 1110-6 (1995) assigns the provision of a safe and healthy work and learning environment for all public school students, employees, and other persons under its jurisdiction as the Department of Education's fundamental responsibility.

Fighting/Gangs: Education Rule 8-19-6 prohibits assault and disorderly conduct by any student in the public school system during school hours, on school premises, or during department-supervised activities on or off school property. Violation of this policy constitutes a Class A offense in the case of assault and a Class B offense in the case of disorderly conduct. Education Rule 8-19-13 extends the same policy to summer school, violation resulting in dismissal from summer school. State Board of Education Policy 4201 allows school personnel to "quell a disturbance threatening physical injury to self or others.

State Board of Education Policy 4400 (1991) implements a zero-tolerance policy towards youth gangs in schools.

Weapons: HRS 302A-1134.6 (2000) implements a zero-tolerance policy, stating "Any child who possesses, sells, or uses a dangerous weapon or switchblade knife, while attending school or while attending department-supervised activities held on or off school property, may be excluded from attending school for up to ninety-two school days, as determined by the principal and approved by the superintendent or other individuals". HRS 302A-1134 (2003) also states that any child found in possession of a firearm shall be excluded from attending school for not less than one year.

Further, Education Rule 8-19-6 prohibits the possession or use of dangerous weapons or instruments and firearms by any student in the public school system during school hours, on school premises, or during department-supervised activities on or off school property. Violation of this policy constitutes a Class A offense. Violation of the firearm's policy results in the dismissal of the offending student for a period of at least one year. Violation of the dangerous weapons (including switchblade or any improperly used knife) policy results in exclusion from attending school for up to 92 school days. Education Rule 8-19-13 extends the same policy to summer school, violation resulting in dismissal from summer school.

State Board of Education Policy 4201 allows school personnel to "obtain possession of weapons or other dangerous objects which are within the control of a student."

Drugs and Alcohol: State Board of Education Policy 4220 (2005) requires the Department of Education "develop regulations and procedures for public schools in an effort to eliminate alcohol and drug use and distribution on their respective campuses. The regulations, guidelines, and procedures developed shall be scientifically based and within the confines of state statutes and constitutional compliance".

Education Rule 8-19-6 prohibits the possession, use, or sale of drug paraphernalia or illicit drugs by any student in the public school system during school hours, on school premises, or during department-supervised activities on or off school property. Violation of this policy constitutes a Class A offense. Education Rule 8-19-13 extends the same policy to summer school, violation resulting in dismissal from summer school.

Collaboration with Law Enforcement: State Board of Education Policy 1710-8 (1970) states that schools shall cooperate fully with law enforcement.

Bullying/Harassment: Education Rule 8-19-6 (2009) prohibits bullying and harassment by any student in the public school system during school hours, on school premises, or during department-supervised activities on or off school property. Violation of this policy constitutes a Class B offense. Education Rule 8-19-13 (2001) extends the same policy to summer school, violation resulting in dismissal from summer school.

HRS 302A (2011) defines bullying, cyberbullying and harassment.  The definition of bullying includes conduct that is based on a student’s actual or perceived race, color, national origin, sex, gender identity or expression, sexual orientation, physical or mental disability, religion, physical appearance and characteristic, or socio-economic status; or a student’s association with a person or group with one or more of these actual or perceived characteristics.

It requires the Department of education to maintain and monitor anti-bullying and anti-harassment policies for grades K-12 and maintain and enforce anti-bullying, cyberbullying and harassment procedures outlined in the statute. The procedures include(1)  effective publicizing of the policies, (2) annual training on how to intervene in situations of bullying, (3) cyberbullying or harassment, (4) investigation of violations, (5) reporting and response mechanisms, (6) making available statewide statistics concerning bullying, cyberbullying, and harassment, (7) filing of complaints for failure to comply, (8) establishing clear lines of accountability, (9) requirement for immediate reporting of incidents, (10) requirement for prompt investigation of reports or complaints of bullying, cyberbullying, or harassment, (11) range of response to incidents of bullying, (12) provision of appropriate referrals and prohibition of reprisal or retaliation against a person reporting; (13) provisions for anonymous reporting, and (14) annual collection, reporting, and analyzing of incident data.

Cyberbullying: Education Rule 8-19-6 (2009) defines cyberbullying and prohibits it by any student in the public school system during school hours, on school premises, or during department-supervised activities on or off school properties.

HRS 302A (2011) cyberbullying is defined as an act or acts exhibited by one student or group of students to another student or group of students that (1) are conveyed by electronic transmission via the Internet, a cell phone, a PDA or a wireless hand-held device, (2) cause mental or physical harm to the student or group of students that receives the electronic transmission; and (3) are sufficiently severe, persistent, or pervasive to create an intimidating, threatening, or abusive educational environment. The cyberbullying policy HRS 302A applies to electronic technology usage and electronic communications that occur on all public elementary and secondary school premises, at any school-sponsored functions or activities, on school-sponsored functions or activities, on school-sponsored transportation, and on school computers, networks, forums and mailing lists.

Hazing: State Board of Education Policy 4210 (1997) states that the practice of hazing as a part of athletics or other co-curricular and social activities is prohibited. Staff is required to inform students of this policy.

HRS 707-716 (1992) considers a terrorist threat against a public servant, including an educational worker, a first degree offense, class C felony.

Response and Management Plans: No state policy.

Reporting Incidents of Violence: HRS 302A-1002 (1996) requires the board to adopt rules requiring teachers, officials, and other department employees to report to the appropriate authorities any knowledge of crimes committed or planning to be committed on school property during school hours or during activities supervised by the school. Specifically, crimes related to arson, assault, disorderly conduct, dangerous weapons, firearms, and harassment amongst others.

Education Rule 8-19-19 (2001) further requires teachers, officials, or other employees of the department to report to the principal or their designee any Class A or B offense which has or may be committed against a student, teacher, official, or other department employee. The principal or their designee must then, after investigation, report the offense to the district superintendent within five days of determination. State Board of Education Policy 4201 (2002) requires school personnel to report incidences of use of force or physical intervention to the principal. Education Rule 8-19-21 (2001) states that any teacher, official, or other district employee who fails to report Class A or B offenses may be disciplined by oral warning, written warning, suspension without pay, demotion, or dismissal. The superintendent of education shall furnish an annual written notice to all schools and districts of this policy.

Rule §8-31-3 (1993) prohibits smoking and use of other tobacco products at all times in all school buildings, facilities, and school vehicles. Education Rule §8-31-4 (1993) requires the principal to give written notice by letter to all students enrolled in community schools and to school employees and to post written signs for all visitors and guests stating that the school is a tobacco-free school. HRS §302A-102 (2004) also prohibits the use of tobacco at all public schools or at public functions. However, the department is also to provide breaks throughout the work day for public employees during which they may smoke at off-campus locations.

HB 1295 (2005) requires the department of education to ensure that paint and buildings of school facilities must be tested for asbestos prior to any renovations or painting.

Green Cleaning: Statute 302A-1509 (2010) requires the department of education to require that all public school facilities give first preference, when feasible, to the purchase and use of environmentally-sensitive cleaning and maintenance products that have been approved by the Green Seal program pursuant to section 321-26.5, for use in public school facilities. The categories of cleaning are outlined in the statute. Statute 321-26.5 (2010) requires the Department of Health to maintain a list of products that have been approved by the EPA's Design for the Environment program or the Green Seal program for public school facilities for use as a first preference guideline when purchasing and using environmentally-sensitive cleaning and maintenance products.

No state policy.

No state policy.

Vision and Hearing: No state policy.

Chronic Health Conditions: No state policy.

Body Mass Index (BMI) Screening: No state policy.

Staff Administration: Pre-service Requirement: HRS 320A-253 (2007) allows health aides to assist students in administering oral and topical medication, and in emergency situations, other premeasured medication. The following provisions must be met: (1) Parental authorization, (2) Medication has been prescribed by a licensed physician or other authorized practitioner, (3) Approval of the department of health, and (4) The administration of medication is necessary for the student's health and his or her attendance at school.

Self-Administration of Asthma Medication: HRS 302A-1164 (2004) requires the department of education to permit the self-administration of medication by a student for asthma or other potentially life-threatening illnesses. The law also allows students to carry an inhaler and requires the student's parent or guardian to sign a statement acknowledging that the district and its employees are not liable for any injury arising from the self-administration of medication. HB 1550 (2005) permits students to self-administer medication for asthma provided written authorization has been given by the student's physician and a signed statement by the parents/guardians that the department and its employees are not to incur any liability for any injury resulting from the self-administration of medication. The student is also permitted to carry an inhaler if does not endanger him/herself or others from the misuse of the inhaler.

Self-Administration of Anaphylaxis Medication:  HRS 302A-1164 (2004) requires the department of education to permit the self-administration of medication by a student for a potentially life-threatening illnesses. The law also allows students to carry an auto-injector epinephrine and requires the student's parent or guardian to sign a statement acknowledging that the district and its employees are not liable for any injury arising from the self-administration of medication. HB 1550 (2005) permits students to self-administer medication for anaphylaxis or other potentially life-threatening illnesses provided written authorization has been given by the student's physician and a signed statement by the parents/guardians that the department and its employees are not to incur any liability for any injury resulting from the self-administration of medication. The student is also permitted to carry an auto-injectable epinephrine if does not endanger him/herself or others from misuse.

Psychotropic Medications: No state policy.

Storage and Record-keeping: Health Administrative Rule 11-146-3 (1983) (no link available) requires the school health aide to maintain a confidential school record of each student.

Requirement to Provide Services: State Board of Education Policy 2130 (1999) requires all department of education schools to provide guidance, counseling, and related services for the academic, personal, social, and career development of each student.

HRS 302A-442 (2000) states, "The department of health, within the funds available, shall be responsible for the related services of school health, mental health, psychological, and medical services for evaluation or diagnostic purposes, and, within the funds available, shall provide for those exceptional children who need these services and who attend public school in the State".

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: No state policy.

Suicide Prevention: No state policy.

HIV, STD, and Pregnancy Testing and Counseling: No state policy.

Immunity of Liability: No state policy.

Detailed, current information about immunization requirements by state is maintained by the National Network for Immunization Information.  Select your state from the drop down box under Search for State Vaccine Requirements for School Entry."

Exemptions:  HRS 302A-1156 (1996) allows exemption from immunization requirements under the following circumstances: (1) A licensed physician certifies that the physical condition of the child is such that immunizations would endanger the child's life or health, or (2) A parent, custodian, guardian or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's bonafide religious tenets and practices.  If at any time there is danger of an epidemic from any of the communicable diseases for which immunization is required under sections 302A-1154 (1996) to 302A-1163 (1996), no exemption from immunization against the disease will be recognized. Quarantine is considered be a legal alternative to immunization.

No state policy.

Administrative Rule §11-156-6b (2001) states "HIV-infected students do not pose a transmission risk to others in the school setting and therefore shall not be excluded from the school setting based on their HIV status."

State Board of Education Policy 2140 (2002) states, The Department of Education shall encourage and facilitate pregnant and parenting students to graduate from high school and shall offer a variety of pregnant/parenting student programs to meet the diverse needs of these students."

Education Rules §8-56-38 (2000) and §8-56-2 (2000) require that school health services must be provided to students and included in an individualized education plan.

State-level: No state policy.

Local-level: No state policy.

State-level: No state policy.

Local-level: No state policy.

Student Health-Related Records: State Board of Education Policy 4610 (2004) addresses Student Information and Confidential Records. Health Rule 11-146-3 requires school health aides to maintain a confidential school record of each student. Education Rule 8-6-6 (1983) prohibits the department from disclosing or authorizing disclosure of personal records to any person other than employee, student, parent, or library patron to whom the record pertains except for reasons listed in the Rule.

Student Health-Related Services: State Board of Education Policy 4610 (2004) states, "Information relating to individual students or former students in the public schools shall not be divulged or released by Department of Education (Department) personnel, except as authorized by the individual student, parent, or guardian, permitted by the Department, or specified by law". Although the statute does not specifically mention student services, HRS 453D-13 (2005) does not require a mental health counselor from disclosing any information that may have been acquired during mental health counseling services.

State Board of Education Policy 4610 (2004) states, No questionnaire or other device for securing any kind of information, opinions, or statistical data from students shall be permitted in the public schools, except where the request is approved by the Department".