HB1818.DOC

SECTION 1. The legislature finds that kindergarten is a necessary step in the development of a solid learning foundation. Research shows that providing a high quality education for young children yields significant long-term benefits, such as increases in high school graduation rates, improvements in performance on standardized tests, and decreases in the number of children placed in special education. From improved academic outcomes, to the economic savings to schools and the State, the benefits of providing high-quality education to young children are irrefutable.

The legislature further finds that significant educational and social preparedness disparities exist between students who have attended kindergarten and those who have not, and that "early learning experiences prepare students to flourish once they enter the public school system." (House Standing Committee Report No. 979 on Senate Bill No. 1093, March 15, 2013).

Act 169, Session Laws of Hawaii 2013 (Senate Bill No.

1093), emphasizes that kindergarten students are expected to master the grade level common core state standards, and that in order to meet those expectations, "the State must commit to efforts to promote school readiness." The Act further states that only forty per cent of kindergarten classes had the majority of their students entering the 2012-2013 school year with school behaviors and skills, and even fewer demonstrated the necessary approaches to learning.

The importance of child preparedness, early learning, and school readiness are not disputed. However, recent school readiness and early childhood education legislation seek only to prepare children for entry into kindergarten through pre-kindergarten programs, but do not make kindergarten attendance compulsory. Pre-kindergarten attendance is simply not sufficient for subsequent entry into the first grade. Kindergarten serves as the entry point to the entire public school system, and in order to effectively ensure that children are ready to advance in their education, kindergarten attendance must be a prerequisite.

It is the duty of the legislature to ensure that all

children, regardless of location, income level, or any other obstacle they may face, are afforded an education that will facilitate academic success, rather than academic struggle.

The intent of the legislature is to extend compulsory education to include kindergarten, and to ensure that all children, regardless of their ability to attend preschool, are adequately prepared to begin their elementary education.

The purpose of this Act is to:

(1) Make kindergarten attendance mandatory for children who are at least five years of age on or before July 31 of the school year, except for home-schooled children; and

(2) Lower the age for compulsory school attendance from six years to five years.

SECTION 2. Section 302A-411, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) 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:

(1) Attendance shall [~~not~~] be mandatory; and

(2) Charter schools shall be excluded from mandatory participation in the program.

(b) Beginning with the [~~2014-2015~~] 2015-2016 school year, a child who will be at least five years of age on July 31 of the school year [~~may~~] shall attend a public school kindergarten[.], unless enrolled in a private school kindergarten or being home-schooled."

SECTION 3. 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[,] on or before July 31 of any school year, 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 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, including kindergarten, 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 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 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2015.

INTRODUCED BY:

_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1818
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII