Establishes the parental choice in education opportunity scholarship program in order to provide scholarships to a private school of choice for school children of Hawaii.

A BILL FOR AN ACT

§302A-A Purpose. The purpose of this subpart on educational rights relating to students is to provide an enhanced opportunity for students in this State to gain the knowledge and skill necessary for postsecondary education, a career education, or the world of work. The Legislature declares that it is the responsibility of the State to do those things lawful and proper to invest public capital in the minds of tomorrow at parental discretion, which is the best source for determining the proper training of Hawaii's youth. Furthermore, the purpose of this program is to improve student outcomes by empowering parents with financial control over how education dollars are spent, making schools responsive to parents and students curriculum demands, creating competition among schools, expanding the range of educational alternatives, relating educational spending to measurable results, and reducing the burden of public capital to keep up with population growth. Finally, the Legislature finds that this program will enfranchise and empower the low and middle income families of this State to seek improved education so the State interest in an educated citizenry is advanced.

§302A-B Parental choice in education opportunity scholarship program. The parental choice in education opportunity scholarship program is established in the department in order to provide scholarship to a private school of choice for students enrolling and attending public or private schools in this State.

§302A-C Education opportunity scholarship eligibility. (a) The parent of a school student attending public or private school in this State may request and receive a scholarship for the student to enroll in and attend a private school in accordance with this subpart, provided:

(b) This subpart does not apply to a student who is enrolled in a school operating for the purpose of providing educational services to youth who are detained by the office of youth services.

(c) For purposes of continuity of educational choice, the scholarship shall remain in force until:

(d) A student's parent, at any time, may remove the student from one private school and place the student in another private school or public school, provided that any private school into which the student is transferred is eligible for the scholarship program under section 302A-E.

§302A-D School complex and department obligations. (a) A complex area superintendent shall timely notify the parent of a student of all options available pursuant to this subpart.

(b) The school complex and the department shall not be responsible for transportation of the student to any private school that the student is enrolled under this subpart.

(c) For a student who participates in the scholarship program whose parent requests that the student take the statewide assessments required under section 302A-1004, the complex area superintendent shall provide locations and times to take the statement assessment.

(d) A complex area superintendent shall notify the superintendent within ten days after the complex area superintendent receives notification of a parent's intent to apply for a scholarship. A complex area superintendent shall provide the parent with the student's amount of scholarship within ten school days after its determination.

(e) Students with disabilities who are eligible to receive services or aid from the State under federal or state law, and who participate in this program, shall remain eligible to receive services or aid from the State as provided by federal or state law.

§302A-E Private School Eligibility. To be eligible to participate in the scholarship program, a private school may be sectarian or nonsectarian and shall:

(2) Notify the superintendent of its intent to participate in the scholarship program. The notice shall specify the grade levels and services that the private school has available for students participating in the scholarship program.

(3) Comply with federal and state anti-discrimination laws;

(4) Meet state and county health and safety laws and rules;

(5) Be academically accountable to the parent for meeting the educational needs of the student;

(6) Employ or contract with teachers who:

(7) Comply with state laws and rules relating to the general regulation of private schools; and

(8) Adhere to the tenets of the private school's published disciplinary procedures prior to the expulsion of a scholarship student.

§ 302A-F Obligation of scholarship program participants. (a) A parent who applies for a scholarship shall be deemed to be exercising the parental option to place the parent's child in a private school. A parent shall select the private school and apply for the admission of the parent's child.

(b) A parent shall request a scholarship at least sixty days prior to the date of the first scholarship payment.

(c) A student participating in the scholarship program shall:

(d) The parent of each student participating in the scholarship program shall comply fully with the private school's parental involvement requirements, unless excused by the school for illness or other good cause.

(e) If a parent requests that the student take the statewide assessments required under section 302A-1004, then:

(f) Upon receipt of a scholarship warrant, the parent to whom the warrant is made shall restrictively indorse the warrant to the private school for deposit into the account of the school.

(g) A parent, student, or private school that fails to comply with the requirements of this subpart shall forfeit a scholarship.

§302A-G Scholarship funding and payment. (a) The maximum scholarship granted for an eligible student shall be a calculated amount equal to the total amount to which a complex area is entitled for education programming divided by the complex area membership, or an amount equal to the private school's operating and debt service cost per pupil that is related to education programming, as determined by the department, whichever is less.

(b) The amount of a scholarship shall be the calculated amount or the amount of the private school's tuition and fees, whichever is less. The amount of any assessment fee required by a participating private school may be paid from the total amount of the scholarship.

(c) If a participating private school requires partial payment of tuition prior to the start of the school year to reserve space for students admitted to the school, then the partial payment may be:

If a student decides not to attend a participating private school, then the reservation payment shall be returned to the superintendent by the participating private school. The superintendent may not pay more than one reservation payment per student per school year.

(d) The complex area superintendent shall report all students who are attending a private school under the scholarship program. Students attending private schools under the scholarship program shall be reported separately from students placed in private schools under the rules governing the provision of a free appropriate public education for a student with a disability.

(e) Following notification on July 31, August 31, and September 30 of the number of participants in the scholarship program, the superintendent, using general funds only, shall transfer the amount calculated under subsection (b) to a separate account for making quarterly disbursements to the parents of students participating in the scholarship program. The superintendent shall receive all documentation required for a student's participation in the scholarship program, including the private school's and the student's fee schedules, at least thirty days before the first quarterly scholarship payment is made for the student. The superintendent may not make any retroactive payments.

(f) Upon proper documentation reviewed and approved by the superintendent, the comptroller shall make scholarship payments in four equal amounts no later than September 1, December 1, March 1, and June 1 of each school year in which the scholarship is in force. The initial payment shall be made after the superintendent's verification of admission acceptance, and subsequent payments shall be made upon verification of continued enrollment and attendance at the private school. Payment shall be by individual warrant made payable to the student's parent and mailed by the comptroller to the private school of the parent's choice, and the parent shall restrictively indorse the warrant to the private school for deposit into the account of the school.

§302A-H Liability. No liability shall arise on the part of the State based on the award or use of a scholarship.

§302A-I Rules. The board may adopt rules pursuant to chapter 91 to administer this subpart. The inclusion of eligible private schools within options available to public school students shall not be construed to expand the authority of the State or the counties to impose additional regulations on private schools beyond those regulations reasonably necessary to enforce the requirements set forth in this subpart."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. This Act shall take effect immediately upon successful approval of a constitutional amendment allowing public grants to be made that enable children to attend private schools.