THE SENATE	S.B. NO.	1343
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

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

SECTION 1. When a student who is under the age of eighteen transfers schools, the current statute requires the student to submit to the enrolling school a certificate of release obtained from the school last attended. Because minors do not have legal capacity independent of their parents, the legislature finds that it is more appropriate for the parent or legal guardian of the minor student to produce and submit such certificate of release, unless the student is an emancipated minor.

The purpose of this Act is to adjust the responsibility of producing a certificate of release from the minor student to the student's parent or legal guardian.

SECTION 2. Section 302A-1145, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1145 Transfer to another school. No school shall receive any [child] student under eighteen years of age, [who has attended another school of the same class in the same complex area,] unless the [child] student's parent or legal guardian produces to the school in which the student is to be enrolled, a certificate of release of the school last attended by the [child.] student; provided that an emancipated minor may produce the minor's own certificate of release. If the [child] parent or legal guardian of a student applies for the student to [enroll] be enrolled, or an emancipated minor applies to enroll, in a school of higher grade, a certificate of proficiency [shall be required] or a lawful excuse for its absence[. The children from one complex area desiring to enter a school in another complex area may be received or enrolled upon producing a certificate of release from the school last attended in the other complex area.] shall be required."

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 4. This Act shall take effect on January 1, 2024.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Department of Education; Enrollment; Certificate of Release

Description:

Clarifies that, because minors do not have legal capacity independent of their parents, a minor student's parent or legal guardian must produce the required student records when transferring schools. Clarifies that emancipated minors may also produce the required student records when transferring schools. Clarifies that the transfer process is the same whether a transfer is within the same complex area or to another complex area.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.