THE SENATE

S.B. NO.

922

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to education.

 

 

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

 


     SECTION 1.  The purpose of this Act is to:

     (1)  Require all home school students to enroll at the public school in the student's service area;

     (2)  Require home school students who are enrolled at the school in their service area to be calculated as       per cent of a non-home school student at that public school under the weighted student formula; and

     (3)  Allow home school students, who would otherwise be denied the opportunity to do so, to participate on an equal basis in extracurricular activities offered at public schools.

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

     "§302A-    Home school students; enrollment; weighted student formula.  (a)  A home school student shall enroll with the appropriate public school in the student's service area, as determined by the department pursuant to section 302A-1143.

     (b)  In determining the allocation of moneys to public schools pursuant to section 302A-1303.6, home school students, who are enrolled at the public school in their service area pursuant to subsection (a), shall be calculated as       per cent of a non-home school student at that public school under the weighted student formula.

     §302A-    Home school students; extracurricular activities.  (a)  Notwithstanding any law to the contrary, each public school, subject to the requirements of this section, shall allow any home school student to participate on an equal basis in any extracurricular activity offered by a public school.

     (b)  Each private school may allow a student to participate in an extracurricular activity offered by the private school, at the private school's discretion.

     (c)  A public school shall not adopt or agree to be bound by any rule or policy of any organization or association that would prohibit any participation allowed by this section.

     (d)  A home school student's participation in an extracurricular activity through any amateur association or league of which the public school is not a member shall not prevent the student from participating or affect the student's eligibility to participate in the same extracurricular activity at any public school; provided that prior to participating in any extracurricular activity through the amateur association or league, the student shall obtain the express written permission of the principal of the public school at which the student participates in the extracurricular activity, which permission shall be granted if:

     (1)  The student's class attendance is not compromised; and

     (2)  The student is in good academic standing under the home school's activities policy.

     (e)  Notwithstanding any rule adopted or agreed to by any public school, any home school student who is sanctioned or is found by the public school, or any organization or association to which the school belongs, to be ineligible to participate in any extracurricular activity for any reason, except for unsportsmanlike conduct or ejection from an activity, may appeal the sanction or finding.  The appeal shall be made through the applicable process at the school, any league to which the school belongs, or any other organization to which the school belongs.

     (f)  To participate in an extracurricular activity at a public school, a home school student shall meet all of the requirements imposed by the public school, including compliance with:

     (1)  All laws governing the activity;

     (2)  All eligibility requirements imposed by the public school;

     (3)  The same responsibilities and standards of behavior as are imposed on other students participating in the activity at the public school; and

     (4)  The payment of all required activity-related fees; provided that these fees shall not be greater than the fees paid by a public school student for the same extracurricular activity.

     (g)  As used in this section, "extracurricular activity" means a school-authorized or education-related activity occurring during or outside the regular instructional school day, including but not limited to sports, cheerleading, music, band, clubs, driver's education, and after-school programs.

     (h)  The department shall adopt rules pursuant to chapter 91 to administer and implement this section."

     SECTION 3.  Section 302A-101, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Enroll" means to formally place a student on a public school's roll.

     "Home school" means the sequential program of instruction for the education of a child which:

     (1)  Takes place in a home;

     (2)  Is provided by the child's parent or guardian or by an adult relative of the child designated by the parent or guardian;

     (3)  Is not under the supervision and control of a public school;

     (4)  Is not intended to be and does not qualify as a private and nonprofit school or a new century charter school; and

     (5)  Is subject to any rule adopted by the department under chapter 8-12, Hawaii Administrative Rules ("compulsory attendance exceptions"), relating to home schooling."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Home School Students; Enrollment; Weighted Student Formula; Extracurricular Activities

 

Description:

Requires all home school students to enroll at the public school in the student's service area.  Requires home school students who are enrolled at the school in their service area to be calculated as an unspecified per cent of a non-home school student at that public school under the weighted student formula.  Allows home school students to participate in any extracurricular activities offered by a public school.  Amends section 302A-101, HRS, to add definitions for "enroll" and "home school".

 

 

 

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