HOUSE OF REPRESENTATIVES

H.B. NO.

2244

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to HOME SCHOOLING.

 

 

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

 


     SECTION 1.  The legislature finds that an estimated two million children are being home-schooled nationwide.  In a positive home-school environment, parents can create strong bonds with their children and adapt teaching methods that best suit the ways their children learn.  Family relationships can be enhanced between children and parents, as well as among siblings.  Home-educated children are doing well on measures of social, emotional, and psychological development.  Research measures include peer interaction, self-concept, leadership skills, family cohesion, participation in community service, and self-esteem.

     The legislature understands that according to the National Center for Education Statistics, an estimated seven thousand children are home-schooled in Hawaii; however, the State does not have laws in place to prevent abusive parents from using home schooling to isolate their children and hide maltreatment.  The legislature recognizes that a growing body of data points to the need to enact protections for at-risk home-schooled children in order to prevent them from becoming the "invisible children of Hawaii."

     The legislature further finds that in the right settings, home schooling can offer a positive and child-centered educational environment that encourages children to thrive and achieve.  This type of home schooling should be encouraged.  However, when abusive or neglectful parents are in charge, the consequences can be severe.  As seen in the tragic case of Peter Kema, Jr., also known as "Peter Boy", the consequences can include death.

     The legislature is also aware that in a 2014 study of child torture, Barbara Knox of the University of Wisconsin found that forty-seven per cent of the school-aged child torture cases examined involved children who had been enrolled in school and then subsequently removed to be home-schooled.  Knox wrote that this home schooling "appears to have been designed to further isolate the child" and "typically occurred after the closure of a previously opened child protective services case."  Additionally, the legislature notes that the Coalition for Responsible Home Education operates the Homeschooling's Invisible Children database, which catalogues cases of severe and fatal child abuse in home-school settings in order to identify themes that contribute to this abuse.  An analysis of the cases in the database has revealed a number of themes that mirror past and current criminal cases involving abuse and child neglect in Hawaii.  The following is a summary of these themes:

     (1)  Recent abuse reports:  In many of the cases in the Homeschooling's Invisible Children database, the parents withdraw a child from school and place the child in a home school after a teacher or other school official demonstrates their willingness to report suspected abuse.

     (2)  Social isolation:  In some cases in the Homeschooling's Invisible Children database, children are so severely isolated that neighbors report that they did not know a child of that age lived in the home.  In other cases, children may not have access to an adult they can trust.

     (3)  Food deprivation:  When children attend school, they have access to school lunch programs and adults who will notice if a child is constantly hungry.  Forty-seven per cent of the cases in the Homeschooling's Invisible Children database involve food restriction or starvation.

     (4)  Medical neglect:  Children who are home schooled are typically not required to see a doctor.  As a result, medical problems may go unnoticed for years.  Twenty-four per cent of the cases in the Homeschooling's Invisible Children database involve medical neglect.  If "Peter Boy" Kema's parents would have taken him to be seen by a doctor, he might still be alive today.

     Lastly, the legislature notes that some egregious cases from other states are factually comparable to recent Hawaii cases involving child neglect and abuse in a home-schooling environment:

     (1)  Sixteen-year-old Calista Springer of Michigan was forced to wear a dog collar and was chained to her bed.  Calista died in a house fire in 2008 because she was unable to free herself from the collar.  She had attended public school until she was thirteen years old.  Her teachers could tell that something was wrong, and reported their concerns to child services.  Her parents withdrew her from school and began home schooling to prevent her teachers from making additional reports;

     (2)  Ten-year-old Emani Moss of Georgia died in 2013.  Several years before she was home-schooled, Emani was temporarily removed from her home due to a confirmed abuse report.  She was eventually returned to her home and, in late 2010, the abuse case was closed.  In May 2012, a teacher reported welts on Emani's back but child services determined that the marks fell within the legal limits of parental discipline in Georgia.  Subsequent to this report, Emani's parents removed her from school to home-school her instead.  Emani's emaciated and burnt body was found in a trash can outside of her family's home.  The medical examiner determined that she died of starvation;

     (3)  Ten-year-old Janiya Thomas of Florida was home‑schooled with no additional monitoring, despite numerous past child services reports.  Her body was found in a freezer in October 2015.  At that time, she had been dead for more than a year.  No one had noticed, because there was no requirement that anyone visit her in person or check up on her in any way; and

     (4)  Three recent cases of child neglect and abuse in Hawaii county include victims who were all school-aged and starved.  All three of the cases involved households where alarms or locks were put on the refrigerators.  The children in these homes were pulled out of public schools, ostensibly for the purpose of home schooling, when in fact the real reason was to conceal abuse.

     Accordingly, the purpose of this Act is to establish protections for home-schooled children and to ensure that home schooling is used to genuinely educate children, rather than to conceal abuse that is being perpetrated at home.

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

     "§302A-A  Home-schooling education program; requirements.  (a)  Upon receipt of the department's OCISS Form 4140 titled "Exceptions to Compulsory Education" or a letter of intent to home-school pursuant to section 302A-1132(a)(5), the appropriate complex area superintendent, or the complex area superintendent's authorized agent, shall submit the names of all adults and children residing in the household of the proposed home school to the child welfare services branch of the department of human services for background checks, which shall include for each person a criminal history record check in accordance with section 846-2.7, a sex offender registry check, a child abuse record check, and an adult abuse perpetrator check.  The child welfare services branch shall have seven calendar days to complete these checks and furnish the results to the requestor.

     (b)  No child shall begin a home-schooling education program until the child welfare services staff of the department of human services has completed all required background checks and determined that no concerns exist with respect to the backgrounds of the persons connected with the proposed home school.  Upon completion of the background checks, the child welfare services branch shall notify the appropriate complex area superintendent, or the complex area superintendent's authorized agent, if any of the following concerns exist:

     (1)  A proposed home-school child or another child in the proposed home-school household has been the subject of a confirmed child welfare services branch report or received general protective services;

     (2)  The parent of proposed home-school child or another person in the proposed home-school household has been the subject of a confirmed report of the child welfare services staff of the department of human services;

     (3)  The parent of a proposed home-school child has been convicted of a crime involving violence or the threat of violence; or

     (4)  A person residing in the home with the proposed home-school child is required to register as a covered offender pursuant to chapter 846E.

     (c)  Upon receipt of a confirmation from the child welfare services staff of the department of human services that none of the concerns specified in subsection (b) exist, and after the requesting school is notified of this confirmation, the principal of the requesting school and the requesting school's complex area superintendent, or the complex area superintendent's authorized agent, may approve the department of education's appropriate form or letter of intent to home-school.

     (d)  Upon receipt of a confirmation from the child welfare services staff of the department of human services that one or more of the concerns specified in subsection (b) does exist, and after the requesting school is notified of this confirmation, the principal of the requesting school and the requesting school's complex area superintendent, or the complex area superintendent's agent, shall notify the parent or guardian of the proposed home-school child that the request for an exception to compulsory education or the letter of intent to home-school has been denied, as applicable.  Upon receipt of the denial:

     (1)  The parent or guardian of the proposed home-school child may petition the family court pursuant to section 587A-12 to request a hearing at which to present evidence that home schooling is appropriate for the child in question.

     (2)  If the family court determines there is clear and convincing evidence that home schooling is appropriate, the child's parent or guardian shall submit a certified copy of the court's ruling to the appropriate complex area superintendent or the complex area superintendent's authorized agent; provided that the court may impose on the petitioner any special conditions the court deems necessary to ensure adequate oversight of the child to be home-schooled, including monthly visits by the child welfare services staff of the department of human services and monthly progress reports to the court.

     (3)  If the family court determines there is clear and convincing evidence that home schooling is not presently appropriate, the court shall transmit to the appropriate complex area superintendent or the complex area superintendent's authorized agent a certified copy of the court's ruling; provided that the court may inform the petitioner of the petitioner's ability to submit another petition in the future following verified completion of parenting classes, anger management classes, or any other appropriate interventions, and may set a future hearing date to reconsider whether home schooling is appropriate for the child in question.

     (e)  A school that receives a request for home-schooling and the applicable complex area shall retain the department of education's appropriate form and any related reports from the child welfare services staff of the department of human services for a period of five years."

     SECTION 3.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part

SERVICES TO HOME-SCHOOLED CHILDREN

     §346-     Background checks for home school households.  The department shall develop standards to ensure the reputable and responsible character of a person requesting to operate a home school and any member of the proposed home school's household, which shall include criminal history record checks in accordance with section 846-2.7, sex offender registry checks, child abuse record checks, and adult abuse perpetrator checks.

     For the purposes of this section, "adult abuse perpetrator check" means a search to determine whether an individual is known to the department as a perpetrator of abuse as defined in section 346-222, by means of a search of the individual's name and birth date in the department's adult protective services file."

     SECTION 4.  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 five years on or before July 31 of the school year, 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] 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] provided that the home-schooled child's educational program shall comply with section 302A-A; 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] that 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 5.  Section 587A-5, Hawaii Revised Statutes, is amended to read as follows:

     "§587A-5  Jurisdiction.  Pursuant to section 571‑11(9), the court shall have exclusive original jurisdiction:

     (1)  In a child protective proceeding concerning any child who is or was found within the State at the time specified facts and circumstances occurred, are discovered, or are reported to the department.  These facts and circumstances constitute the basis for the court's finding that the child's physical or psychological health or welfare is subject to imminent harm, has been harmed, or is subject to threatened harm by the acts or omissions of the child's family; [and]

     (2)  In any prior child protective proceeding under chapter 587, the former Child Protective Act[.]; and

     (3)  In any proceeding involving a request to home-school a child that has been denied under section 302A-A."

     SECTION 6.  Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Criminal history record checks may be conducted by:

     (1)  The department of health or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;

     (2)  The department of health or its designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health or health care services as provided by section 321-171.5;

     (3)  The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in section 321-15.2;

     (4)  The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;

     (5)  The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;

     (6)  The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;

     (7)  The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;

     (8)  The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;

     (9)  The department of human services on prospective adoptive parents as established under section 346‑19.7;

    (10)  The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;

    (11)  The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;

    (12)  The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;

    (13)  The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;

    (14)  The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;

    (15)  The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;

    (16)  The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;

    (17)  The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;

    (18)  Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;

    (19)  The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A‑601.5;

    (20)  The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;

    (21)  The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;

    (22)  The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult protective and community services branch, as provided by section 346-97;

    (23)  The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;

    (24)  The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;

    (25)  The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;

    (26)  The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;

    (27)  The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;

    (28)  The department of commerce and consumer affairs on:

          (A)  Each principal of every non-corporate applicant for a money transmitter license;

          (B)  Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and

          (C)  Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,

          as provided by sections 489D-9 and 489D‑15;

    (29)  The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;

    (30)  The Hawaii health systems corporation on:

          (A)  Employees;

          (B)  Applicants seeking employment;

          (C)  Current or prospective members of the corporation board or regional system board; or

          (D)  Current or prospective volunteers, providers, or contractors,

          in any of the corporation's health facilities as provided by section 323F-5.5;

    (31)  The department of commerce and consumer affairs on:

          (A)  An applicant for a mortgage loan originator license, or license renewal; and

          (B)  Each control person, executive officer, director, general partner, and managing member of an applicant for a mortgage loan originator company license or license renewal,

          as provided by chapter 454F;

    (32)  The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;

    (33)  The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;

    (34)  The counties on prospective employees for fire department positions which involve contact with children or vulnerable adults;

    (35)  The counties on prospective employees for emergency medical services positions which involve contact with children or vulnerable adults;

    (36)  The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;

    (37)  The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;

    (38)  The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;

    (39)  The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;

    (40)  The department of commerce and consumer affairs on:

          (A)  Applicants for real estate appraiser licensure or certification as provided by chapter 466K;

          (B)  Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466L-7; and

          (C)  Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466L-7;

    (41)  The department of health or its designee on all license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities as provided under sections 329D-15(a)(4) and 329D‑16(a)(3);

    (42)  The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;

    (43)  The county police departments on applicants for permits to acquire firearms pursuant to section 134-2 and on individuals registering their firearms pursuant to section 134-3;

    (44)  The department of commerce and consumer affairs on:

          (A)  Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and

          (B)  Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of such application,

          as provided by chapter 449;

    (45)  The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;

    (46)  The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;

    (47)  The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 346-2.5;

    (48)  The child support enforcement agency on current or prospective employees, or contractors who have access to federal tax information in order to comply with federal law, regulation, or procedure, as provided by section 576D-11.5; [and]

    (49)  The department of human services on members of a proposed home school household, pursuant to section 302A-A and 346-   ; and

   [(49)] (50)  Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law."

     SECTION 7.  The office of curriculum, instruction, and student support of the department of education shall amend its OCISS Form 4140 titled "Exceptions to Compulsory Education" to include a new section on background checks.  The new section shall include fields for the following information:

     (1)  The date that the school received a request for home schooling from the parent or guardian of a proposed home-school child;

     (2)  The date that the school forwarded to the child welfare services branch of the department of human services a request for home schooling along with a request to conduct the required background checks;

     (3)  The date that the school received a report from the child welfare services branch regarding the result of the background checks; and

     (4)  The date that the school notified the parent or guardian of the proposed home-school child of the result of the background checks and the school's approval or denial of the request for home schooling.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Education; Home Schooling; DOE; DHS; Family Court

 

Description:

Establishes protections for home-schooled children.  Among other things, requires the Department of Education to request the child welfare services staff of the Department of Human Services to conduct background checks on all persons connected to a proposed home school and authorizes the Department of Human Services to conduct these background checks.  Provides a process whereby a parent or guardian whose request to home-school a child has been denied may petition the family court to determine whether home schooling is appropriate.

 

 

 

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