SB1018 HD1

Report Title:

Licensing; Private Preschools

Description:

Exempts private preschools and its programs that are part of an elementary school licensed or accredited by an organization recognized and approved by the state from the licensing requirements imposed by the department of human services. Creates a temporary private preschool licensing and accreditation task force to develop licensing and accreditation standards, policies, and procedures for private elementary schools serving children under the age of five. (SB1018 HD1)

THE SENATE	S.B. NO.	1018
TWENTY-THIRD LEGISLATURE, 2005		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

relating to human services.

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

SECTION 1. Section 346-152, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Nothing in this part shall be construed to include:

(1) A person caring for children related to the caregiver by blood, marriage, or adoption;

(2) A person, group of persons, or facility caring for a child less than six hours a week;

(3) A kindergarten, school, or program licensed by the department of education;

(4) A program that provides exclusively for a specialized training or skill development for children, including, but not limited to, programs providing such activities as athletic sports, foreign language, the Hawaiian language, dance, drama, music, or martial arts;

(5) A multiservice organization or community association, duly incorporated under the laws of the State, which operates for the purpose of promoting recreation, health, safety, or social group functions for eligible pupils in public and private schools through seventeen years of age;

(6) Programs for children four years of age and older, which operate for no more than two consecutive calendar weeks in a three-month period;

(7) A provider agency operating or managing a homeless facility or any other program for homeless persons authorized under part IV of chapter 201G;

(8) After-school, weekend, and summer recess programs conducted by the department of education pursuant to section 302A-408;

(9) Child care programs for children five years of age and older conducted by counties pursuant to section 302A-408; provided that each county adopt rules for its programs;

(10) Any person who enters a home in a child caring capacity and only cares for children who are of that household; [~~and~~]

(11) A person caring for two or fewer children unrelated to

the caregiver by blood, marriage, or adoption[.]; or

(12) A private preschool and its programs that are part of an elementary school that has been licensed or accredited pursuant to section 2 of this Act."

SECTION 2. (a) There is established a temporary private preschool licensing and accreditation task force to be convened jointly by the members of the task force.

The task force shall develop licensing and accreditation standards, policies, and procedures for private elementary schools serving children under the age of five, with special focus on the policies and procedures of the Western Association of Schools and Colleges and the health and safety standards of the department of human services.

(b) Licensing and accreditation standards, policies, and procedures approved by the task force shall be included in a memorandum of understanding between the department of human services and the organizations recognized and approved by the State to license or accredit private preschools exempt from part VIII of chapter 346, Hawaii Revised Statutes, pursuant to section 346-152, Hawaii Revised Statutes. The memorandum of understanding shall be signed by all members of the task force.

If the task force fails to approve licensing and accreditation standards, policies, and procedures, then no memorandum of understanding shall be signed.

(1) The director of human services or the director's designee;

(2) The executive director of the Good Beginnings Alliance;

(3) The executive director of the Hawaii Association of Independent Schools;

(4) The superintendent of the Hawaii Catholic Schools; and

(5) A representative from the Hawaii Business Roundtable.

(d) A majority of the members of the task force shall constitute a quorum of the task force. A quorum shall be required to approve standards, policies, and procedures developed by the task force pursuant to this section.

(e) Members of the temporary private preschool licensing and accreditation task force shall serve without compensation but shall be reimbursed by their respective agencies for expenses, including travel expenses, necessary for the performance of their duties.

(f) The task force shall submit a report of its findings and recommendations, including any recommended legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2006.

(g) The task force shall cease to exist on June 30, 2006.

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

SECTION 4. This Act shall take effect on July 1, 2005; provided that section 1 shall not take effect unless and until the date that a memorandum of understanding is signed pursuant to section 2.