Bill Text: HI SB1374 | 2012 | Regular Session | Introduced

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Bill Title: Home School Students; Extracurricular Activities

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1374 Detail]

Download: Hawaii-2012-SB1374-Introduced.html

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THE SENATE	S.B. NO.	1374
TWENTY-SIXTH LEGISLATURE, 2011
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 activities offered at 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 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, including any fee provided in subsection (g).

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

     (h)  Home school students who participate in an extracurricular 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:

     "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.

     "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 chapter 8-12, Hawaii Administrative Rules ("compulsory attendance exceptions"), relating to home schooling.

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

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Home School Students; Extracurricular Activities

 

Description:

Allows home school students to participate in any extracurricular activities offered by a public school.  Requires home school students to pay applicable activity-participation fees.

 

 

 

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