Report Title:

Home School Students; Extracurricular Activities

Description:

Allows home school students to participate on an equal basis in any extracurricular or interscholastic activities offered by a public school in the geographic area in which the student resides. Requires home school students to pay applicable activity participation fees.

HOUSE OF REPRESENTATIVES

H.B. NO.

1974

TWENTY-SECOND LEGISLATURE, 2004

 

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 allow home school students who would otherwise be denied the opportunity to do so, to participate on an equal basis in extracurricular and interscholastic activities. This Act is not intended to sanction or encourage the recruitment of students for participation in these activities by public schools.

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

"302A- Home school students; extracurricular and interscholastic activities. (a) Each public school, subject to the requirements of this section, shall allow any home school student to participate on an equal basis in any activity offered by a public school; provided that:

(1) The home school student shall participate in activities only at the public school in the geographic area in which the home school student resides, and may not be granted a geographic exception for this purpose; and

(2) If a home school student's parent or legal guardian changes domicile to another public school district, the student shall no longer be eligible to participate in activities at the student's former school.

(b) Each private school may allow a student to participate in an 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) Any home school student may participate in an activity through any amateur association or league of which the public school is not a member, and this participation shall not prevent the student from participating or affect the student's eligibility to participate in the same activity at any public school. Prior to participating in any activity through such an amateur association or league, the home school student shall obtain the express written permission of the principal of the public school at which the student participates in the activity, which permission shall be granted if:

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

(2) The home school 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 activity for any reason, except unsportsmanlike conduct or ejection from an activity, may appeal the sanction or finding. The appeal may 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 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, including any fee provided in subsection (g).

(g) A public school may charge a home school student participating in an activity a participation fee as a prerequisite to participation. The fee amount that the school charges a home school student shall not exceed one hundred fifty per cent of the fee amount the school would charge an enrolled student to participate in the activity; provided that if any fee is collected pursuant to this subsection for participation in an activity, the fee shall be used to fund the particular activity for which it is charged and shall not be expended for any other purpose.

(h) No home school student who participates in an activity in a public school shall be included in the pupil enrollment of the public school where the student participates.

(i) As used in this section:

"Activity" means any extracurricular or interscholastic activity, including any academic, artistic, athletic, recreational, or other activity offered by a school.

"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 of education under title 8, chapter 12, Hawaii Administrative Rules ("compulsory attendance exceptions"), relating to home schooling.

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

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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