HB 1055

Report Title:

Education; Agreements with Parents

Description:

Requires the board of education to enter into agreements with parents to educate their children in private schools or at home. Requires the board to establish criteria for home schooling. Reimburses parents equal to the average cost of education per child. Provides procedures in the event of school closures.

HOUSE OF REPRESENTATIVES	H.B. NO.	1055
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

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- Agreements with parents to educate their children. (a) Notwithstanding any law to the contrary, the board of education shall enter into agreements with parents pursuant to this section to allow parents to educate their school-aged children; provided that the agreements shall specify:

(1) Education may be through home schooling, private schools, or a combination of both; provided that the home or private school shall comply with all applicable health and safety requirements;

(2) The private or home schooling shall be in place of public school education;

(3) The private or home schooling shall be undertaken on a voluntary basis;

(4) Home schooling shall be in accordance with criteria and standards established by the board in terms of curriculum, course load and content, examinations, grading, alternative projects in lieu of home instruction, attendance, qualifications or certification of parents to teach courses, and other factors as the board deems necessary;

(5) The failure of a parent to fulfill the requirements of an agreement entered into pursuant to this section shall permit the board to terminate the agreement with the parent and require the child to attend a public school as defined in section 302A-101;

(6) Parents who agree to educate their children in other than public schools shall be reimbursed based on a fee schedule established by the board, which may be amended from time to time, based on the average cost of education per child; provided that:

(A) The average cost for the 2001-2002 academic year shall be $6,772.66 per pupil; and

(B) The board shall increase the average cost per pupil for special education students as appropriate; and

(7) Any other requirements deemed necessary by the board to ensure that each child who is the subject of an agreement with the board receives a quality education.

(b) The department of education shall offer training programs to parents who wish to home school their children in accordance with this section. The programs shall include such subjects areas as:

(1) Home school curricula;

(2) Child development;

(3) Child motivational skills;

(4) Developing study habits;

(5) Gang, violence, and drug prevention;

(6) College preparation;

(7) Children's health and nutrition;

(8) Parenting; and

(9) Other areas as deemed appropriate by the department.

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 six years, 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~~]:

(A) 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~~];

(B) Notification of intent to home school has been submitted to the principal of the public school that the child would otherwise be required to attend in accordance with department rules adopted to achieve this result; or

(C) The board has entered into an agreement with the parent of a child pursuant to section 302A- to educate that child, either through home schooling, at a private school, or a combination of both; or

(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. Public school closures; conflicts; rules. (a) If any public school requires closure as a result of the volume of agreements entered into pursuant to section 1 of this Act, the board of education shall:

(1) Close any such school following the close of the academic year and reassign the school's personnel to other schools within the school district, on the island, or within the State in time for the start of the next academic year;

(2) Grant unpaid leaves of absence to enable tenured school personnel to work at private schools; provided that any teacher, educational officer, or other employee granted such a leave of absence shall:

(A) Be guaranteed a return to the teacher's, educational officer's, or employee's position, or an equivalent position within the department of education, at the expiration or termination of the leave; and

(B) Continue to accrue service credits toward retirement and sick leave at the same rates as teachers, educational officers, and other employees within the department until the expiration or termination of the leave; and

(3) Monitor and evaluate all other schools that may require closure as a result of the implementation of section 1 of this Act.

(b) This Act shall control in the event of a conflict between this Act and:

(1) Chapter 88, 89, or 302A, Hawaii Revised Statutes; or

(2) Collective bargaining agreements between the board or the State and the exclusive bargaining representatives for teachers, educational officers, and other employees within the department.

(c) The board shall adopt rules in accordance with chapter 91, Hawaii Revised Statutes, before the start of the 2001-2002 academic year, to carry out the purposes of this section.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________