Report Title:

Truancy; Daytime Curfew

Description:

Establishes a daytime curfew for students.

THE SENATE

S.B. NO.

1014

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to truancy.

 

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

SECTION 1. The legislature finds that although education is compulsory for students between the ages of six and eighteen, not all school age children attend school. This can lead to truancy, which can be a problem now and beyond a student's public school years. While parents and guardians of students are responsible for ensuring that students attend school, a cooperative effort from the public school system and the courts in conjunction with the parents is needed to ensure that students obtain an education. The purpose of this Act is to establish a daytime curfew and to require the department of education to monitor student attendance.

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

"§302A- Daytime curfew. (a) It is unlawful for any minor who is subject to compulsory education, pursuant to section 302A-1132, to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots, or any unsupervised place during the hours of 8:30 a.m. and 1:30 p.m. on days when schools are in session.

(b) This section does not apply to the following:

(1) When the minor is accompanied by the minor's parent, guardian, or other adult person having the care or custody of the minor;

(2) When the minor is on an emergency errand directed by the minor's parent, guardian, or other adult person having care or custody of the minor;

(3) When the minor is going or coming directly from or to a place of gainful employment or to or from a medical appointment;

(4) To students who have permission to leave school campus for lunch or a school related activity and have in a possession a valid, school issued, off-campus permit;

(5) When the minor is exempt by law from compulsory education or compulsory continuation education; or

(6) When the minor is authorized to be absent from the minor's school pursuant to any applicable ordinance or state or federal law.

(c) As used in this section, "minor" has the same meaning as in section 571-2."

SECTION 3. Section 302A-1132, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1132[]] Attendance compulsory; exceptions. (a) Unless excluded from school or excepted from attendance, all children who will have arrived at the age of at least six years, 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.

(b) Any employer who employs a child who is excused from school attendance in accordance with subsection (a)(2) shall notify the child's school within three days upon termination of the child's employment.

(c) The board shall adopt policies and the department shall implement procedures based on these policies to:

(1) Deal with truants enrolled or required to be enrolled in a public school;

(2) Monitor individual unexcused absences;

(3) Make a reasonable effort to notify and, if necessary, meet with a student's parent or guardian; and

(4) File a written complaint with the family court if the parent or guardian fails to attend the meeting or cooperate with the school in addressing the student's truancy."

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

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

INTRODUCED BY:

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