Bill Text: HI HB1843 | 2014 | Regular Session | Introduced


Bill Title: Education; Public School Curriculum; Opt-out

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2014-01-21 - Referred to EDN, FIN, referral sheet 3 [HB1843 Detail]

Download: Hawaii-2014-HB1843-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1843

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SCHOOL CURRICULUM OPT-OUT POLICY.

 

 

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

 


     SECTION 1.  The legislature finds that parents and legal guardians of public school students do not always agree with specific sections of the standards-based curriculum taught in public schools.  The legislature further finds that a decision to opt-out from a specific lesson or activity must be respected by school administrators and teaching staff alike.

     While an opt-out policy currently exists within the board of education, and an opt-out process exists within the department of education, the legislature finds that the codification of a uniform set of opt-out guidelines and standards will promote transparency and better serve the public.

     The intent of this measure is to afford parents and legal guardians with additional discretion in potentially controversial school matters, and to ensure that opt-out students are not negatively impacted as a result.

     The purpose of this Act is to place in statute an opt-out provision for parents and legal guardians who wish to exclude their children from participating in a specific lesson or activity involving standards-based curriculum, and to require that an alternative standards-based curriculum be established for opt-out students.

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

     "§302A-  Standards-based curriculum; opt-out alternative.  (a)  A parent or legal guardian may opt-out their child from a specific standards-based curriculum lesson or activity by submitting a completed opt-out form to the school or school principal no later than thirty days prior to the curriculum implementation date.

     (b)  All opt-out students shall participate in an alternative standards-based curriculum lesson or activity, provided that:

     (1)  A parent or legal guardian who has decided to opt-out their child from a specific standards-based curriculum lesson or activity shall have the right to object to any proposed alternative standards-based curriculum lesson or activity; and

     (2)  The parent or legal guardian shall work directly with the school principal to develop an equitable, individualized solution that addresses the parent or legal guardian's concerns.

     (c)  For any standards-based curriculum that is implemented pursuant to section 302A-321, an alternative standards-based curriculum shall be developed and made available for opt-out students.  An alternative standards-based curriculum shall:

     (1)  Incorporate lessons and activities that are of equal

          academic value to their non-alternative standards-

          based curriculum counterpart; and

     (2)  Ensure that participation in any opt-out lesson or

          activity does not compromise, undermine, or threaten

          the educational standing of an opt-out student.

     (d)  Any alternative standards-based curriculum developed under this section shall be subject to the requirements set forth in section 302A-321.

     SECTION 3.  Section 302A-1103, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1103  Principal; authority and responsibility.  The role of the principal shall include but not be limited to overseeing the day-to-day management of the school, the primary function of which is to develop and deliver instructional services to students in accordance with statewide educational policy and to enable students to meet or exceed statewide academic standards.  The principal shall:

     (1)  Ensure that the curriculum, including any alternative standards-based curriculum for opt-out students, facilitates the achievement of the statewide student performance standards adopted for the public school system;

     (2)  Develop and present to the school community council for its review and approval, academic and financial plans relating to the school[;], and copies of any new or amended curriculum;

     (3)  Exercise authority over the implementation of the budget, policies, and operations of the school[; and], including the dissemination of any new or amended curriculum and corresponding opt-out form to the parent or legal guardian of any affected student; and

     (4)  Collaborate with other principals in the principal's school complex to ensure that:

         (A)  Logical, sequential, board approved curricula are adopted within the school complex;

         (B)  Best practices are shared among and implemented by schools within the school complex;

         (C)  The goals and objectives of the school complex are being met;

         (D)  The use of school complex-based personnel and contractors who divide their time between more than one school in a school complex is coordinated to maximize efficiency; and

         (E)  The passage of students through the continuum of grades is coordinated in a manner consistent with section 302A-1004."

     SECTION 4.  The board shall adopt rules under chapter 91 to implement this Act.

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

     SECTION 6.  This Act shall take effect on January 1, 2015.

 

INTRODUCED BY:

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Report Title:

Education; Public School Curriculum; Opt-out

 

Description:

Codifies opt-out provisions for parents and legal guardians who choose to exclude their children from specific lessons and activities.  Requires that an alternative standards-based curriculum be developed and made available for opt-out students.

 

 

 

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

 

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