Report Title:

Education; New Century Charter Schools

Description:

Clarifies the applicability to new century charter schools of specific sections in chapter 302A, Hawaii Revised Statutes.

HOUSE OF REPRESENTATIVES

H.B. NO.

1612

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to NEW CENTURY CHARTER SCHOOLS.

 

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

SECTION 1. Section 302A-461, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-461[]] Gender equity in athletics. (a) No person, on the basis of sex, shall be excluded from participating in, be denied the benefits of, or be subjected to discrimination in athletics offered by a public high school, pursuant to Public Law 92-318, Title IX of the federal Education Amendments of 1972.

(b) This section shall apply to new century charter schools."

SECTION 2. Section 302A-482, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding any other law to the contrary, a caregiver may consent on behalf of a minor to enrollment in school and to full participation in curricular and co-curricular school activities, if the caregiver possesses and presents to the department of education or the new century charter school, for inclusion in the minor's file a valid affidavit for caregiver consent provided by the department of education or the new century charter school and executed by the caregiver that shall include but not be limited to the following:

(1) The caregiver's name and current home address;

(2) The birthdate of the caregiver;

(3) The number of the caregiver's Hawaii driver's license or state identification card;

(4) The relationship of the caregiver to the minor;

(5) The name of the minor;

(6) The birthdate of the minor;

(7) The length of time the minor has resided with the caregiver;

(8) The signature of the caregiver;

(9) The signature of consent by the minor's parent, guardian, or legal custodian; provided that the signature of the minor's parent, guardian, or legal custodian shall not be necessary if the affidavit states that the caregiver has been unable to obtain the signature of the minor's parent, guardian, or legal custodian; and included a statement by the caregiver documenting the attempts to obtain the signature of the minor's parents, guardian, or legal custodian;

(10) The minor's residency with the caregiver is not for the purpose of:

(A) Attending a particular school;

(B) Circumventing the department of education's district exemption process;

(C) Participating in athletics at a particular school; or

(D) Taking advantage of special services or programs offered at a particular school;

(11) Notice has been provided by the caregiver to the child protective services unit of the department of human services if the minor covered by this affidavit is residing with the caregiver due to abuse or neglect perpetuated by the minor's parent;

(12) The following statement:

"General Notices:

This declaration does not affect the rights of the minor's parent, guardian, or legal custodian regarding the care, custody, and control of the minor, and does not give the caregiver legal custody of the minor.

The minor's parent or legal custodian may at any time rescind this affidavit by informing the minor's school principal in writing that the minor is attending school under the authority of this affidavit and that this affidavit has been rescinded.

A person who relies on this affidavit has no obligation to conduct any further inquiry or investigation.

No person who relies in good faith on this affidavit shall be subject to civil or criminal liability or to professional disciplinary action because of that reliance."

SECTION 3. Section 302A-601.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of education, including the Hawaii state public library system[,] and the new century charter schools shall develop procedures for obtaining verifiable information regarding the criminal history of persons who are employed or seeking employment in any position, including teacher trainees, that places them in close proximity to children. These procedures shall include criminal history record checks in accordance with section 846-2.7.

Information obtained pursuant to this subsection shall be used exclusively by the employer or prospective employer for the purpose of determining whether a person is suitable for working in close proximity to children. All such decisions shall be subject to applicable federal laws and regulations currently or hereafter in effect."

SECTION 4. Section 302A-612, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-612[]] School teachers afflicted with tuberculosis. No person who has contracted tuberculosis, while afflicted with the disease, may be allowed to teach in any public school[.] or new century charter school."

SECTION 5. Section 302A-1002, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1002[]] Reporting of crime-related incidents. (a) The board shall adopt rules pursuant to chapter 91 to:

(1) Require a report to appropriate authorities from a teacher, official, or other employee of the department who knows or has reason to believe that an act has been committed or will be committed, which:

(A) Occurred or will occur on school property during school hours or during activities supervised by the school; and

(B) Involves crimes relating to arson, assault, burglary, disorderly conduct, dangerous weapons, dangerous drugs, harmful drugs, extortion, firearms, gambling, harassment, intoxicating drugs, marijuana or marijuana concentrate, murder, attempted murder, sexual offenses, rendering a false alarm, criminal property damage, robbery, terroristic threatening, theft, or trespass;

(2) Establish procedures for disposing of any incident reported; and

(3) Impose, in addition to any other powers or authority the department may have to discipline school officials, appropriate disciplinary action for failure to report these incidents, including probation, suspension, demotion, and discharge of school officials.

(b) This section shall apply to new century charter schools."

SECTION 6. 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 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 or a new century charter school for, and during, the school year[, and any]. 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] or a new century charter school, except 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 7. Section 302A-1133, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1133[]] Emergency measures. The department of health may implement emergency measures to refuse, modify, or limit attendance at any school in the State, including a new century charter school, pursuant to section 321-1 if it is determined that there is imminent danger of an epidemic or serious outbreak of communicable disease."

SECTION 8. Section 302A-1148.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1148.5[]] Use of school grounds; assumption of risk. (a) Any person who enters school grounds for the purpose of using the school's grounds, facilities, or equipment for recreational purposes, and who is not a student or member of the faculty or administration of that school, is deemed to assume the risk of liability for any injuries or death resulting from the use of the grounds, facilities, or equipment. This assumption of risk shall not apply if:

(1) The person is an invitee or licensee to whom a duty of care is owed by the school; provided that the person has received prior written authorization from the school principal or other responsible person to use the school's grounds, facilities, or equipment; or

(2) The injuries or death were caused by wilful or wanton misconduct, including but not limited to the wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which was knowingly created or perpetuated, and wilful or malicious failure to guard or warn against a dangerous activity which was knowingly perpetuated.

(b) This section shall apply to new century charter schools."

SECTION 9. Section 302A-1154, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1154 Immunization upon entering school; tuberculosis clearance. (a) No child shall attend any school in the State unless the child presents to the appropriate school official documentation satisfactory to the department of health that the child has received immunizations against communicable diseases as required by the department of health.

(b) No child shall be admitted to attend any school for the first time in the State unless the child presents to the appropriate school official documentation satisfactory to the department of health that the child has been examined and tested according to the rules of the department, and is free from tuberculosis in a communicable form.

(c) This section shall apply to new century charter schools."

SECTION 10. Section 302A-1155, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1155 Provisional entrance to school. (a) A child may enter school provisionally upon submitting written documentation from a licensed physician, advanced practice registered nurse, or an authorized representative of the department of health stating that the child is in the process of receiving the required immunizations. Further documentation showing that the required immunizations have been completed shall be submitted to the appropriate school official no later than three months after the child first entered the school. If all of the required immunizations cannot be completed within three months due to the length of the minimum intervals between doses of a particular vaccine required by the department of health, provisional admission may be extended so long as the child's parent or guardian provides documentation that appointments for required immunizations have been made and that progress toward completing the immunizations continues in accordance with the requirements of the department of health.

(b) Provisional entrance to school may be suspended by the department of health when there is danger of an epidemic from any of the communicable diseases for which immunization is required.

(c) This section shall apply to new century charter schools."

SECTION 11. Section 302A-1159, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1159 Physical examination required. (a) No child shall be admitted to any school for the first time in the State unless the child presents to the appropriate school official a report from a licensed physician or advanced practice registered nurse of the results of a physical examination performed within a year of the date of entry into school. A child may enter school provisionally upon submitting written documentation from a licensed physician, advanced practice registered nurse, or other authorized representative of the department of health stating that the child is in the process of undergoing a physical examination. Further documentation showing that the required physical examination has been completed shall be submitted to the appropriate school official no later than three months after the child first entered the school.

(b) This section shall apply to new century charter schools."

SECTION 12. Section 302A-1161, Hawaii Revised Statutes, is amended to read as follows:

"§302A-1161 Notification for noncompliance. (a) If a child does not complete the immunizations required under section 302A-1154 or the physical examination required under section 302A-1159 within the period provided by section 302A-1155 after provisional entry into school, the administrator of the school shall cause a notice to be sent to the parent or guardian of the child stating that if the required immunizations or physical examination is not completed within thirty days of the date of the notice, the child shall not be admitted to school.

(b) This section shall apply to new century charter schools."

SECTION 13. Section 302A-101, Hawaii Revised Statutes, is amended by amending the definition of "public schools" to read as follows:

""Public schools" means all academic and noncollege type schools either established and maintained by the department[, or issued a charter by the board of education], in accordance with law. All other academic and noncollege type schools are "private schools", irrespective of the hours during which the sessions take place."

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

_____________________________