REPORT TITLE:
Public School Fee


DESCRIPTION:
Requires public schools, beginning with the 2000-2001 school
year, to charge a schooling fee.  Requires the fee schedule to
allow parents to perform volunteer work at the child's school
during the school year in order to qualify for a partial or full
refund of their child's fee.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2889
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PARTICIPATION IN PUBLIC EDUCATION.



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

 1      SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to part IV, subpart C, to be
 
 3 appropriately designated and to read as follows:
 
 4      "§302A-     Public school fee; volunteer work.  (a)
 
 5 Beginning with the 2000-2001 school year, public schools shall
 
 6 charge a schooling fee as provided in this section.
 
 7      (b)  The board shall adopt a graduated fee schedule in
 
 8 accordance with chapter 91; provided that:
 
 9      (1)  The fee for the first semester of the 2000-2001 school
 
10           year for children in grade twelve shall not be less
 
11           than $100 or more than $300;
 
12      (2)  The fee for one semester of schooling for children in
 
13           grade twelve shall be adjusted on July 1 of each
 
14           succeeding year by a percentage equal to the change in
 
15           the elementary-secondary school price index;
 
16      (3)  If the educational price index is not available, the
 
17           fee for one semester of schooling for children in grade
 
18           twelve shall be adjusted by a percentage equal to the
 
19           change in the Consumer Price Index for all urban areas
 

 
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 1           maintained by the United States Department of Labor;
 
 2      (4)  The graduations in the fee schedule adopted by the
 
 3           board shall be proportional to the statewide per pupil
 
 4           cost for each grade level, prekindergarten to grade
 
 5           twelve, based on average daily attendance; and
 
 6      (5)  The fee for children in special education, gifted and
 
 7           talented, bilingual, language immersion, school
 
 8           alienation, and all other programs of the department
 
 9           shall be the same for each grade level.
 
10      (c)  The fee schedule shall allow parents, guardians, or
 
11 other persons having charge of a child to perform volunteer work
 
12 at the child's school during the school year in order to qualify
 
13 for a partial or full refund of their child's fee.
 
14      (d)  Parents, guardians, or other persons having charge of a
 
15 child, who are certified by the department of human services as
 
16 indigent, may be exempted from paying the fee, but may be
 
17 required to perform volunteer work at the child's school in
 
18 accordance with rules adopted under chapter 91; provided that
 
19 these parents, guardians, and other persons shall not be entitled
 
20 to refunds under this section.  The board may exempt other
 
21 persons from all or a part of the fee based on demonstrated
 
22 financial need.
 
23      (e)  It is the intent of this section not to jeopardize the
 

 
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 1 receipt of any federal aid, and to the extent, and only to the
 
 2 extent, necessary to effectuate this intent, the governor may
 
 3 modify the strict provisions of this section, but shall promptly
 
 4 report any such modification with reasons therefor to the
 
 5 legislature at its next session thereafter for review by the
 
 6 legislature.
 
 7      (f)  All moneys collected as fees and late fees under this
 
 8 section shall be deposited to the credit of the public school fee
 
 9 revolving fund.  All refunds of fees shall be paid from the
 
10 revolving fund on vouchers issued by the superintendent not more
 
11 than sixty days after the end of each semester.
 
12      (g)  There is established within the state treasury the
 
13 public school fee revolving fund, into which shall be deposited
 
14 all moneys collected as fees and late fees under this section and
 
15 from which all refunds of fees shall be paid by the
 
16 superintendent.  The department, with the approval of the board
 
17 or the superintendent if so delegated by the board, shall
 
18 transfer from the revolving fund to the state general fund all or
 
19 any portion of moneys determined to be in excess of the fiscal
 
20 year requirements of the revolving fund.
 
21      (h)  Failure to pay the fee or late fees in a timely manner
 
22 shall not be used by the department as a reason for excluding a
 
23 child from school.  Inability to pay the fee or late fees in a
 

 
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 1 timely manner shall not be used by a parent, guardian, or other
 
 2 person having charge of a child as a reason for failing to send
 
 3 the child to school.
 
 4      (i)  This section shall not apply to community schools for
 
 5 adults or to afterschool A+ programs."
 
 6      SECTION 2.  Section 302A-1182, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (e) to read as follows:
 
 8      "(e)  The new century charter schools shall not charge
 
 9 tuition[.] or any fees, except in the manner and to the same
 
10 extent provided in section 302A-   .  The State shall afford the
 
11 local school board of any new century charter school the same
 
12 protections as the State affords to the board."
 
13      SECTION 3.  Section 302A-1130, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  [No equipment, material, or other fees shall be
 
16 assessed against any pupil in any school, except that the] The
 
17 department may assess and collect special fees and charges from
 
18 pupils [for]:
 
19      (1)  For co-curricular activities; and [from pupils who]
 
20      (2)  For negligently [break, damage, lose, or destroy]
 
21           breaking, damaging, losing, or destroying school books,
 
22           equipment, or supplies.
 
23 Any pupil found to be responsible for the loss, destruction,
 

 
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 1 breakage, or damage of school books, which shall include library
 
 2 and textbooks, of equipment, or of supplies, shall make
 
 3 restitution to the school in any manner, including the payment by
 
 4 the pupil or the pupil's parents of the actual replacement
 
 5 costs."
 
 6      SECTION 4.  The board of education, the department of human
 
 7 services, and the attorney general shall develop rules under
 
 8 chapter 91, Hawaii Revised Statutes, to establish a system
 
 9 through which able-bodied indigent parents having children in
 
10 public schools will be allowed to participate in volunteer work
 
11 in lieu of the schooling fee system established in section
 
12 302A-  , Hawaii Revised Statutes, to the same extent as parents
 
13 who are required to pay schooling fees.
 
14      SECTION 5.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 6.  This Act shall take effect upon its approval.
 
17 
 
18                           INTRODUCED BY:_________________________