HB2139

Report Title:

Public Schools; Open Enrollment; Geographic Exceptions

Description:

Gives all persons of school age the right to attend the school of their choice limited only by the ability of the school to meet all applicable health and safety requirements, beginning with the 2003-2004 school year.

HOUSE OF REPRESENTATIVES	H.B. NO.	2139
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. Section 302A-1143, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1143[]] Attend school in what district. [All] (a) Beginning with the 2003-2004 school year, all persons of school age shall [be required] have the right to attend the school of [the district in which they reside, unless it appears to the department to be desirable to allow the attendance of pupils at a school in some other district, in which case the department may grant this permission.] their choice limited only by the ability of the school to meet all applicable health and safety requirements.

(b) A school shall implement a chance selection process on a day predetermined by the school if there are more requests to attend the school than there are spaces available at the school. A student shall be allowed to attend the school of the student's choice through the student's terminal year at the school.

(c) Priority consideration shall be given to the placement of a student at a specific school only to the extent necessary to implement the student's individualized education program or modification plan and provide the student with a free appropriate public education.

(d) The department shall not be required to provide transportation to a student who voluntarily chooses to attend a school located outside the district in which the student resides except to:

(1) Facilitate compliance with the state compulsory attendance law and provide access to equal educational opportunity without undue transportation hardship; or

(2) Implement the student's individualized education program or modification plan and provide the student with a free appropriate public education."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________