HB 1634: DOE; Home School; Homeschooled Students; Public Schools; Extracurricular Activities; Equitable Access

A BILL FOR AN ACT

Relating to Education Equity.

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

     SECTION 1.  The legislature finds that there is inequity in the state public school system.  Families who choose to homeschool their children contribute to the public education system through the payment of state taxes; however, homeschooled students are currently excluded from many publicly-funded extracurricular programs, including athletics, academic teams, clubs, music, and other after-school activities offered by public high schools.

     The legislature further finds that extracurricular activities foster critical social, emotional, and leadership development in students.  For homeschooled students, who may have limited access to structured peer interactions, inclusion in public school extracurricular programs could provide opportunities to build teamwork, confidence, and a sense of community belonging.  These activities also help students prepare for higher education, the workforce, and civic engagement.

     The legislature also finds that several other states have recognized the need to address this inequity and have adopted policies authorizing homeschooled students to participate in public school extracurricular activities.  Ten states, including Arizona, Colorado, Florida, Idaho, Iowa, Maine, North Dakota, Oregon, Utah, and Washington, have enacted "equal access" legislation requiring public schools to permit homeschooled students to participate in sports and related programs.  An additional eighteen states permit participation under specific conditions, including local school district approval, part-time enrollment, or dual enrollment.  It is the intent of the legislature to align Hawaii's public school extracurricular participation policy with those of these other states.

     Accordingly, the purpose of this Act is to promote and establish equitable access to department of education extracurricular programs for all taxpaying families while ensuring appropriate safeguards regarding eligibility, liability, and fairness.

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

     "§302A-     Participation in extracurricular activities; homeschooled students; requirements.  (a)  Beginning with the 2026-2027 school year, children who are homeschooled pursuant to section 302A-1132(a)(5) and who would otherwise be eligible for enrollment in a public high school shall be eligible to participate in extracurricular activities offered, administered, facilitated, or funded by the department, including athletics, academic competitions, music, drama, and school-sponsored clubs.

     Eligibility shall be limited to the public high school that each homeschooled child would otherwise be required to attend based on the child's residential address.

     (b)  Pursuant to subsection (a), participation in department extracurricular activities shall be subject to all requirements imposed upon enrolled public high school students, including:

     (1)  Documentation of the child's current homeschooled status, including:

          (A)  A properly submitted and acknowledged notice of intent to home educate; and

          (B)  A copy of the child's most recent annual progress report, as required by the department;

     (2)  Compliance with academic eligibility standards, as determined by the department;

     (3)  Compliance with vaccination and annual physical fitness examination requirements;

     (4)  Documentation of current health insurance coverage or adequate injury liability coverage;

     (5)  Submission of a liability waiver, signed by the child's parent or guardian, acknowledging the assumption of risk and releasing the State, department, school, and department employees from liability, except in cases of gross negligence;

     (6)  Compliance with applicable codes of conduct, rules, expectations, and tryout or audition procedures required of enrolled public school students; and

     (7)  Compliance with all applicable athletic eligibility and transfer rules, including rules set by the department, Hawaii High School Athletic Association, or other governing bodies for interscholastic competition.  Homeschooled students shall be subject to the same transfer restrictions as enrolled public school students and shall not participate in athletic activities at a school outside their residential attendance zone unless otherwise permitted pursuant to existing transfer policies.

     (c)  Participation by eligible homeschooled students shall be subject to availability and program capacity for acceptance of new participants; provided that public high schools may prioritize the participation of enrolled students, when necessary, as determined by each school principal.

     (d)  Notwithstanding any other law to the contrary, participation in department extracurricular activities shall be a privilege, which may be revoked according to eligibility requirements, codes of conduct, and other applicable rules or regulations.  Nothing in this section shall be construed as establishing a legal right to participate in any department extracurricular activity.

     (e)  The department shall adopt rules pursuant to chapter 91 to implement this section, including the development of standardized application forms, liability waivers, eligibility documentation, and procedures for coordination between homeschool families and appropriate school administrators or officials.

     (f)  Each complex area and public high school shall designate a position that shall be responsible for facilitating and administering the participation of eligible homeschooled students in applicable extracurricular activities.

     (g)  The department may adopt any additional rules, policies, or procedures that are necessary for implementation of this section and that are consistent with the intent of this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DOE; Home School; Homeschooled Students; Public Schools; Extracurricular Activities; Equitable Access

Description:

Requires the Department of Education to permit the participation of eligible homeschooled students in public high school extracurricular activities, subject to certain requirements and limitations.

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