HB2051 HD1

HOUSE OF REPRESENTATIVES	H.B. NO.	2051
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION FOR FOSTER CHILDREN.

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

SECTION 1. The legislature finds that the lack of stability in the lives of Hawaii's foster children is a serious issue, and that foster children who experience the psychological and emotional trauma of being removed from their family also suffer educational setbacks due to frequent changes in school placement. Foster children and youth may change schools many times during a single school year. Each time a child changes schools, he or she must adapt to new personnel, new subject matter, and new students, while also having to adjust to a new home environment.

As the school year progresses, teachers build on concepts from prior lessons to take children to new levels of understanding. Every time a child changes schools, the child immediately falls behind in school work, and does not receive the full benefit of a year's worth of instruction because the child has not participated in prior lessons. The child must also acclimate to a new environment and spend significant time getting accustomed to new teaching methods and student group dynamics. Research has shown that with every change in school placement, a foster child falls behind at least one-half to one full grade level.

Many foster children receive specialized education, therapy services, and tutoring services. When they change schools, these services are often delayed. Further, instability and problems in school increase difficulties in the home for foster children. Providing stability in school will support foster placements and help prevent instability at home as well as at school.

The purpose of this Act is to provide educational stability for foster children, regardless of what is happening within their biological or foster families, by establishing guidelines for school placement and appropriating funds for transportation services for foster children.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Foster children; school placement; services. (a) Decisions on where a foster child will be enrolled in school shall be based on the best interests of the child and made in consultation with the department of human services, the child's guardian ad litem and, when necessary, the surrogate parent and the family court.

In making determinations under this subsection, the department shall presume, to the extent feasible, it is in the child's best interests to:

(1) Keep the child in the child's school of origin:

(A) Until the end of the school year; or

(B) Until the child completes the child's senior year, if the child is in high school;

and

(2) Follow the wishes of the child.

(b) Foster children, including those living outside the geographic area of the school district, shall receive services comparable to those received by children living within the district, including:

(1) Transportation services, including supervised transportation from their foster home to and from school;

(2) Tutoring services;

(3) Counseling services; and

(4) Extracurricular activities.

"Foster child" means a child placed in foster custody or permanent custody of the department of human services pursuant to chapter 587.

"School of origin" means the school that a child attended at the time the child was placed into the foster custody or permanent custody of the department of human services pursuant to chapter 587."

SECTION 3. 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 2008-2009 for the department of education to provide transportation services for foster children to and from school.

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

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2008.