SB93

Report Title:

Mandatory kindergarten

Description:

Lowers the compulsory education age from 6 years to 5 years, making attendance in kindergarten mandatory.

THE SENATE	S.B. NO.	93
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. The legislature finds that studies have confirmed the importance of quality early childhood education. The Carnegie Task Force on Meeting the Needs of Young Children concluded that a child's early years are crucial to brain development and help to prepare the child for formal learning and academic achievement.

There is additional research showing that full-day kindergarten programs are preferable to half-day programs because developmentally appropriate full-day kindergarten programs offer additional benefits, especially for children from low socioeconomic or educationally disadvantaged backgrounds. Furthermore, a full-day kindergarten teacher has the needed time to individualize the curriculum and to accommodate the individual differences of the children.

The legislature believes that early learning and preparation for all students to enter the first grade should be a major focus. While mandatory statewide kindergarten carries some expense, it is one of the best investments for the education of future generations of Hawaii children.

The purpose of this Act is to lower the compulsory education age from six years to five years, making attendance in kindergarten mandatory.

SECTION 2. Section 302A-411, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department shall establish and maintain kindergartens with a program of instruction as a part of the public school system[~~; provided that attendance shall not be mandatory~~]. No child shall attend any kindergarten unless the child will be at least five years of age [~~on or before December 31~~] before January 1 of the school year; provided that [a]:

(1) A child attending a school that convenes after the regular school schedule shall be five years of age [~~on or before one hundred twenty-five~~] before one hundred twenty-six days following the date the school convenes; and [~~provided further that th~~e]

(2) The board shall develop informational guidance to promote the understanding of a child's readiness for kindergarten."

SECTION 3. Section 302A-1131, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1131[]] Public schools; attendance. (a) Except as authorized by section 302A-411, no child shall attend any public school unless the child will be at least [~~six~~] five years of age before January 1 of the school year; provided that:

(1) A child attending a school that convenes after the regular school schedule shall be [~~six~~] five years of age [~~on or before one hundred twenty-five~~] before one hundred twenty-six days following the date the school [~~shall convene;~~] convenes; and

(2) The department may establish procedures and criteria to determine the psychological and physiological readiness of children for public school and may grant an exception in the case of a child who is found to be ready.

(b) All teachers who teach [in] kindergarten, and the first and second grades, and all principals of public schools shall enforce this section and require proof of age by birth certificates or certificates of registration, or if none can be obtained, then by satisfactory evidence."

SECTION 4. 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~~] five years, and who will not have arrived at the age of eighteen years, [by] before 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 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

(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~~] that 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 alternative educational 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 alternative educational plan, then the adult shall be responsible for obtaining appropriate educational services for the child."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2001-2002 and the sum of $ or so much thereof as may be necessary for fiscal year 2002-2003 to lower the compulsory education age from six years to five years.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2001.

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