HOUSE OF REPRESENTATIVES

H.B. NO.

1466

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 legislature finds that kindergarten is a necessary part of a comprehensive early education.  However, it is not compulsory and, for a variety of reasons that are often related to factors such as location and income level of the family, some parents do not register their children for kindergarten.  Research indicates that the benefits of attending kindergarten include the improvement of academic skills for children and possible long-term benefits in the reduction of criminal activity.

     The purpose of this Act is to ensure equal access to education for all children and to:

     (1)  Require children who are at least five years of age on or before July 31 of the 2013-2014 school year to attend kindergarten at a public or private school; 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 as follows:

     1.  By amending subsection (a) to read:

     "(a)  The department shall establish and maintain junior kindergartens and kindergartens with a program of instruction as a part of the public school system; provided that:

     (1)  Attendance in junior kindergarten shall not be mandatory; [and]

     (2)  Attendance in kindergarten shall be mandatory; and

    [(2)] (3)  Charter schools shall be excluded from mandatory participation in the junior kindergarten program."

     2.  By amending subsection (c) to read:

     "(c)  [Beginning with the 2004-2005 school year, a child who will be at least five years of age on or before December 31 of the school year may attend a public school kindergarten.] Beginning with the [2006-2007] 2013-2014 school year, a child who is not attending a kindergarten program at a private school and who will be at least five years of age on or before [August 1] July 31 of the school year [may] shall attend a public school kindergarten.  Beginning with the [2006-2007] 2013-2014 school year, a child who will be at least five years of age after August 1 and before January 1 of the school year may attend a public school junior kindergarten.  [Beginning with the 2013-2014school year, a child who will be at least five years of age on the first day of instruction may attend a public school kindergarten.]"

     SECTION 3.  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 in a junior kindergarten program shall not be mandatory; [and]

     (2)  Attendance in a kindergarten program shall be mandatory; and

    [(2)] (3)  Charter schools shall be excluded from mandatory participation in the junior kindergarten program.

     (b)  Beginning with the [2014-2015] 2013-2014 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."

     SECTION 4.  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 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 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval; provided that section 3 of this Act shall take effect on July 1, 2014.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Education; Compulsory Age; Kindergarten

 

Description:

Requires children that are at least 5 years of age on or before July 31 of the 2013-2014 school year to attend a public or private school kindergarten.  Lowers the age for compulsory school attendance from 6 years of age to 5 years of age.

 

 

 

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