Received 01-15-2020
BOE 9:00 AM

PETITION FOR THE ADOPTION OF ARULE

Persuant to Haw. Admin Rules the. pchOIl who-may be Served
with any dopument'in this proceeding Unga. whosemaihng address is ?it?303151111
Place; mascara 96731.

1. Petitioner Sunny 'Ung?a hereby petitions the Board of Education, Department of 
Education, State of Hatvai?i (hereafter "the the adoption of; a new rule-pursuant to-
Haw. Rev. Stat. and Haw. Admin. Rules? - 843?6;

"Petitioner is an Interested Pam: 

2. Sunny Unga is-aparent of small school-aged children Who 'live in Kaholtu,
.Koolauloa, O'lahu and attend Kahuku Elementary and is- concerned that changes in land use
nearby tier children?s school may impact-their health, welfare, and learning environment.

Draft. Text of Precosed. Rule

. Petitioner hereby submits. the following draft text as the proposed rule in
Ramses-yer format;-

?Whenever an stateor' count a one or rivate=landowner=seelts comment from the
Department or- anvot? its emnlovees. agents or- of?cers or whenever the Department
intends-to-tgovide' comment regarding anv proposed development or other change in land
?use-within ?ve. miles of a school or library; the principal or-head librarian shall hold a
atone meeting at the 's'chool or litn'at}t and shall obtain and consider the views of the
communitv when providing Such Comment.?

 

Reasons for Proposed Rule

4. In many instances, the Depattment- isf asked-to: provide comments on proposed
developments and other land usechanges that will occur'neara school =or library and is not aware
of the full range of community views regarding the proposed developments or their impatit on
school children or library patrons. This is especially importantbecause the Department has'an
obligation to support child learning environments and open space of libraties and that informing
parents/gumdians- and patrons about nearby land use actionsis? a means of meeting ?tat-
obligation. This rule' would require schools and libraries-to obtain and consider these views-
before providing comment.-

RoguestedActicn
. 5.. Petitioner hereby. re'queSts the Board conduct an opennteetin'g to determine
whether to-deny the petition and giving.iits..reasons_ or accept'thepetition-and set- the matter. for

public hearing pursuant- to Haw. Rev. Stat. 91.?3.

6.. In- conjunction with the request ab notes that Haw; Rev. Stat. 92-3

.requires the?Beard to eonduet an open 'meetin'g'in which oral testimony from: thepubl'ie must be
received- in order to deliberate toWaIds and to'make a decision on. the granting'or denying of this
petition. Insofar as Rules 8-3 is in con?ict with Chapter 92, Haw. Rev. Stat,
it is not valid.

7.. Petitioner hereby requests the Board accept the petition and ._set__the- matter fer
pubii'e-hearing pursuant toHaw. Rev. Stat; 91-3. Ifthijs petition is granted arid the matter set for
public heating-J Petitioner requests the hearing done pursuant ?to-Haw. Admin Rules 
Concluded statettride or simultaneously through-video ..eonfereneing.

Kahuku, Keel-autos. O'ahu January 15. 2020

?ya-In.