School Attendance Requirement

Requires minor dependents of families receiving assistance
allowances to attend school.  Establishes penalties if the minor
dependent fails to attend school.  Allows for an appeal for a
fair hearing under section 346-12, HRS.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1      SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended
 2 by adding a new section to part II to be appropriately designated
 3 and to read as follows:
 4      "346-    School attendance requirement.  (a)  A minor
 5 dependent of a household receiving an assistance allowance under
 6 section 346-53 shall be enrolled in and attend school if all of
 7 the following apply:
 8      (1)  The minor dependent has not graduated from a public or
 9           private high school or obtained a declaration of
10           equivalency of high school graduation;
11      (2)  The minor dependent is not excused from attending
12           school under section 302A-1132; and
13      (3)  The minor dependent has not been excluded from school
14           under section 302A-1134.
15      A minor dependent fails to meet the school attendance
16 requirement set forth in this subsection if the minor dependent
17 has more than     unexcused absences during a school calendar
18 quarter.

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                                     H.B. NO.           

 1      (b)  The department of human services shall verify
 2 enrollment of minor dependents of households receiving assistance
 3 allowances under section 346-53 with the department of education.
 4 The department of human services may require consent to the
 5 release of school attendance records as a condition of
 6 eligibility for benefits under section 364-53.
 7      (c)  A minor dependent who fails to meet the school
 8 attendance requirement in this section may be subject to a fine
 9 of $    per month per minor dependent, not to exceed $    per
10 minor dependent.
11      (d)  A recipient who has been fined under this section and
12 chooses to appeal the penalty shall be afforded reasonable notice
13 and opportunity for a fair hearing under section 346-12.
14      (e)  As used in this section, "school" means a private
15 trade, vocational, or technical school or public school as
16 defined in section 302A-101."
17      SECTION 2.  Section 346-1, Hawaii Revised Statutes, is
18 amended by amending the definition of "minor dependents" to read
19 as follows:
20      "["Minor dependents"] "Minor dependent" means [dependents] a
21 dependent living in the home of a specified adult, as defined by
22 rules, in which the adult is the primary caretaker and the
23 dependent is under eighteen or if between eighteen and nineteen,

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                                     H.B. NO.           

 1 [enrolled] attending classes full-time in a program of secondary
 2 or equivalent level vocational or technical school, and is
 3 expected to complete the program before reaching age nineteen."
 4      SECTION 3.  Statutory material to be repealed is bracketed.
 5 New statutory material is underscored.
 6      SECTION 4.  This Act shall take effect upon its approval.
 8                           INTRODUCED BY:_________________________