HOUSE OF REPRESENTATIVES

H.B. NO.

1732

TWENTY-SIXTH LEGISLATURE, 2012

 

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 legislature finds that students with high truancy rates have been found to be at risk of dropping out of school.  It has also been reported that approximately eighty to eighty-nine per cent of prison inmates have indicated that they had been truants.

     The purpose of this Act is to emphasize the importance of school attendance by students and the need for parents or guardians of students to ensure that their children attend school as required by law.

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

     "§302A-    Truant students; notification requirements.  (a)  Any student who is truant shall be reported to the principal of the school that the student is attending and the appropriate complex area superintendent.

     (b)  When a student is truant, the school district shall notify the student's parent or guardian, using the most cost-effective method, if possible, including electronic mail or telephone, that:

     (1)  The student is truant;

     (2)  The parent or guardian is responsible for ensuring the attendance of the student at school, and that any parent or guardian who fails to meet this responsibility may be guilty of a violation and subject to penalties pursuant to section 302A-1135;

     (3)  Alternative educational programs are available in the district;

     (4)  The parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the student's truancy;

     (5)  The student may be subject to penalties under section 302A-1135;

     (6)  The student may be subject to suspension, restriction, or delay of the student's driving privileges under chapter 286; and

     (7)  The parent or guardian may be required to accompany the student to school and attend classes with the student for one day."

     SECTION 3.  Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Truant" means any student subject to compulsory full-time education or compulsory continued education who is absent from school without a valid excuse for three full days, tardy or absent for longer than any thirty-minute period during the school day without a valid excuse on three occasions in one school year, or both."

     SECTION 4.  Section 302A-1135, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§302A-1135[]  Penalty.]  Penalties.  (a)  If any child of school age persists in absenting oneself from school, the family court judge, upon a proper petition, citation, or complaint being made by the schoolteacher or any other officer or agent of the department, or police officer, or any other person, shall cause the child, and the father or mother, guardian, or other person having charge of the child, to be summoned to appear before the judge.  Upon its being proved that the person responsible for the child had not used proper diligence to enforce the child's regular attendance at school, the responsible party shall be [guilty of a petty misdemeanor.] found in violation of this section.  This section shall not apply to any child not liable to compulsory attendance at school. 

     (b)  Any parent, guardian, or other person who violates this section, unless excused or exempted therefrom, shall be subject to the following penalties:

     (1)  For a first violation, by a fine of not more than $100;

     (2)  For a second violation, by a fine of not more than $250;

     (3)  For a third or subsequent violation:

         (A)  By a fine of not more than $500; or

         (B)  If the person has wilfully refused to comply with the court's orders under this section, by a fine of not more than $750.

The court may allow a person subject to a fine under this section to pay the fine by a specific date or in installments.  In lieu of imposing the fines prescribed in paragraphs (1) to (3), the court may order the person to participate in a parent education and counseling program.  All costs associated with participating in a parent education and counseling program shall be paid by the person violating this section.  If a person fails to make a scheduled payment or fails to participate in a parent education and counseling program as ordered, the court shall order the person to appear before the court and shall notify the person that failure to appear shall be punishable as contempt.

     (c)  The court may order any person who is subject to subsection (b) to immediately enroll or reenroll the student in the appropriate school or educational program and provide proof of enrollment to the court.  Wilful violation of an order under this subsection shall be punishable as civil contempt with a fine of not more than $1,000.  An order of contempt under this section shall not include imprisonment.

     (d)  Any student who is reported as truant pursuant to section 302A-    may be required to attend make up classes conducted on one day of a weekend and shall be subject to the following:

     (1)  The first time in a school year that a student is reported as truant, the student may be personally given a written warning by a law enforcement officer, as defined in section 710-1000.  The law enforcement officer shall send a copy of the written warning to the truant's school.  A record of the written warning may be kept at the school that the student is attending for a period of not less than two years, or until the student graduates or transfers from the school.  If the student transfers to another school, the record may be forwarded to any school that receives the student's school records.  A record of the written warning may be maintained by the respective police department in accordance with that police department's policies and procedures;

     (2)  The second time in the same school year that a student is reported as truant, the student may be assigned by the school principal to an afterschool or weekend study program located within the same county as the school.  If the student fails to successfully complete the assigned study program, the student shall be subject to paragraph (3);

     (3)  The third time in the same school year that a student is reported as truant, the school principal may require the student to attend a truancy mediation program or a comparable program deemed acceptable by the school complex area superintendent.  If the student does not successfully complete the truancy mediation program or other similar program, the student shall be subject to paragraph (4);

     (4)  The fourth time in the same school year that a student is reported as truant, the student shall appear before the family court, which may determine the student to be a ward of the court.  If the student is deemed a ward of the court, the student shall be required to do one or more of the following:

         (A)  Perform court-approved community services sponsored by a private or public nonprofit agency for not less than twenty hours but not more than forty hours over a period of not more than ninety days, during a time other than the student's hours of attending school or employment.  The private or public nonprofit agency shall report to the court the student's compliance with this subparagraph;

         (B)  Pay a fine of not more than $100 for which the student's parent or guardian may be jointly liable;

         (C)  Attend a court-approved truancy prevention program; or

         (D)  Be subject to suspension or revocation of driving privileges."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Education; Truancy; Penalties

 

Description:

Requires the notification of a parent or guardian that a child is truant and that the student and parent or guardian may face certain penalties for the truancy.  Defines "truant".  Provides civil penalties for truant students and parents or guardians.

 

 

 

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