Hawaii DOE: Chapter 12, Compulsory Attendance Exceptions Part1

§8-12-1  Purpose.  The department has a legitimate interest in and the responsibility for the appropriate education of all school age children in the State of Hawaii. It is the purpose of this chapter to implement the compulsory attendance exceptions of §302A-1132, Hawaii Revised Statutes. Implementing the compulsory attendance law is not intended to violate the rights and convictions of parents to home school or otherwise except their child from compulsory attendance. Finally, home schooling is not considered a school initiated educational alternative and is not to be used by a school as a means for releasing students with behavior or disciplinary problems or students lacking credits to graduate from the local public school. [Eff. 11/7/91; am and comp 5/13/00] (Auth: HRS §§302A-1112, 302A-1132) (Imp: HRS §302A-1132)

§8-12-2  Definitions.  As used in this chapter:
"Alternative educational program" means an educational program, in a non-school setting other than home schooling, which addresses the standards identified in the Hawaii Content and Performance Standards.
"Department" means the department of education.
"Employment" means suitable, lawful full-time employment of a minimum of forty hours per week.
"Home schooling" means a viable educational option where a parent instructs the parent's own child.
"Local public school" means the school the child would be enrolled in if the child was not excepted from compulsory school attendance.
"Parent" means the natural or legal parent, guardian or other legal custodian of child.
"School age child" means a child who will have arrived at the age of at least six years, and who will not have arrived at the age of eighteen years on or before December 31 of any school year.
"Tutoring" means an alternative educational program where an individual other than the parent instructs a child. [Eff. 11/7/91; am and comp 5/13/00] (Auth: HRS §§302A-1112, 302A-1132) (Imp: HRS §302A-1132)§8-12-5

§8-12-3  Applicability.  The provisions of this chapter apply to all school age children residing in the State of Hawaii. [Eff. 11/7/91; comp 5/13/00] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1112, 302A-1132)§8-12-8

§8-12-4  Conditions for exceptions.  School age children may be excepted from compulsory school attendance in the following cases:

(1) Where a child is physically or mentally unable to attend school, except for deafness and blindness, of which fact the certificate of a duly licensed physician shall be sufficient evidence;
(2) Where any child who has reached the fifteenth anniversary of birth is suitably and lawfully employed;
(3) Where a family court judge has approved withdrawal from school;
(4) Where the superintendent of education or designee has approved an appropriate, alternative educational program, other than home schooling; and
(5) Where the parent of a school age child has provided notification of intent to homeschool the child. [Eff. 11/7/91; comp 5/13/00] (Auth: HRS §§302A-1112, 302A-1132) (Imp: HRS §302A-1132)