Bill Text: HI SB2274 | 2018 | Regular Session | Introduced

Hawaii Senate Bill 2274 (Prior Session Legislation)

Introduced

Bill Title: Relating To Home Schooling.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-01-22 - Referred to EDU/HMS, JDC. [SB2274 Detail]

Download: Hawaii-2018-SB2274-Introduced.html

THE SENATE	S.B. NO.	2274
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

RELATING to home schooling.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Home schooling; requirements. (a) All notices of intent to home school must be approved by the principal of the public school that the child would otherwise be required to attend prior to the start of home schooling.

(b) Prior to approving a notice of intent to home school, the principal shall inquire with child welfare services to determine whether there is any history of child abuse or neglect involving the child or any other child in the child's household.

(c) If, pursuant to subsection (b), child welfare services reports that there is a history of child abuse or neglect involving the child or any other child in the child's household, the principal shall deny the notice of intent to home school unless the principal receives:

(1) A determination by child welfare services that the child is not in any immediate danger by virtue of being home schooled; or

(2) An order by a family court judge;

provided that the department, in collaboration with child welfare services, shall determine procedures for periodic in‑home visitation of any child who is home schooled pursuant to paragraphs (1) and (2).

(d) The department shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section."

SECTION 2. Section 302A-1132, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Unless excluded from school or excepted from attendance, all children who will have arrived at the age of at least five years on or before July 31 of the school year, and who will not have arrived at the age of eighteen years, by January 1 of any school year, shall attend either a public or private school for, and during, the school year, and any parent, guardian, or other person having the responsibility for, or care of, a child whose attendance at school is obligatory shall send the child to either a public or private school. Attendance at a public or private school shall not be compulsory in the following cases:

(1) Where the child is physically or mentally unable to attend school (deafness and blindness excepted), of which fact the certificate of a duly licensed physician shall be sufficient evidence;

(2) Where the child, who has reached the fifteenth anniversary of birth, is suitably employed and has been excused from school attendance by the superintendent or the superintendent's authorized representative, or by a family court judge;

(3) Where, upon investigation by the family court, it has been shown that for any other reason the child may properly remain away from school;

(4) Where the child has graduated from high school;

(5) Where the child is enrolled in an appropriate alternative educational program as approved by the superintendent or the superintendent's authorized representative in accordance with the plans and policies of the department, or notification of intent to home school has been [~~submitted to~~] approved by the principal of the public school that the child would otherwise be required to attend in accordance with section 302A‑ and department rules [~~adopted to achieve this result~~];

(6) Where:

(A) The child has attained the age of sixteen years;

(B) The principal has determined that:

(i) The child has engaged in behavior which is disruptive to other students, teachers, or staff; or

(ii) The child's non-attendance is chronic and has become a significant factor that hinders the child's learning; and

(C) The principal of the child's school, and the child's teacher or counselor, in consultation with the child and the child's parent, guardian, or other adult having legal responsibility for or care of the child, develops an alternative educational plan for the child. The alternative educational plan shall include a process that shall permit the child to resume school.

The principal of the child's school shall file the plan made pursuant to subparagraph (C) with the child's school record. If the adult having legal responsibility for or care of the child disagrees with the plan, then the adult shall be responsible for obtaining appropriate educational services for the child."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Home Schooling; Child Abuse; Child Welfare Services; Family Court Approval

Description:

Establishes requirements for approval of a notice of intent to home school.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.