HB2168 HD2

SECTION 1. The legislature finds that children and youth who lack a fixed, regular, and adequate nighttime residence face significant barriers to enrollment, attendance, and academic success. The education of Hawaii's keiki is a fundamental responsibility of the department of education. As the number of families and students experiencing homelessness in the State continues to rise, it is essential that students facing housing instability are provided with the access and support necessary to obtain a quality education and achieve long-term success.

Under existing federal law, students experiencing homelessness are afforded specific rights and protections designed to remove barriers to enrollment and participation in school, including immediate enrollment regardless of documentation, full inclusion in academic and extracurricular activities, access to free meals and basic school supplies, and transportation when required to maintain educational stability. In light of ongoing uncertainty at the federal level and the potential for changes to funding or statutory protections, the legislature finds it prudent to protect these rights, benefits, and privileges in the State to ensure their continuity regardless of future federal action.

The purpose of this Act is to ensure educational stability and access for students experiencing homelessness by requiring the department of education to establish a program that protects these student's rights, benefits, and protections, regardless of future changes to federal law or funding.

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- Students experiencing homelessness; program; coordinator; established. (a) The department shall establish a program to identify, enroll, and support students who are experiencing homelessness.

(b) The department shall designate a state coordinator for students experiencing homelessness who shall oversee the program, provide training and assistance, and coordinate interagency and community partnerships.

(c) The department shall establish state navigator positions in the following roles or areas that shall operate under the direction and supervision of the coordinator:

(1) Outreach;

(2) Early learning;

(3) Reengagement;

(4) Transportation;

(5) Compact of free association; and

(6) General support.

(d) Each department complex area shall designate a liaison who shall be responsible for carrying out the program in the complex area and coordinating with the respective navigators, administrators, and services providers.

(e) The program shall ensure that students experiencing homelessness, including unaccompanied youth, have the right to attend either the school serving the geographic area in which the student is currently residing or the student's school of origin, regardless of the availability of documentation, including birth certificates; immunization records, guardianship records; or school records. If immunization records are unavailable, the student shall be permitted to attend provisionally in accordance with section 302A-1155, while the program works to satisfy that section's requirements. The choice of school shall be based on the student's best interest and shall prioritize educational stability.

(f) If a dispute arises over eligibility, school selection, or enrollment in a school:

(1) Notwithstanding section 302A-1154(a) to the contrary, the student experiencing homelessness shall be immediately enrolled in the school in which enrollment is sought, pending final resolution in the dispute, including all available appeals; provided that if the student experiencing homelessness lacks immunization documentation, the provisional attendance requirements of section 302A-1155(b) shall apply;

(2) The parent or guardian of the student experiencing homelessness or the unaccompanied youth shall be provided with a written explanation of any decisions related to school selection or enrollment made by the school or the department, including the rights of the parent, guardian, or unaccompanied youth to appeal the decisions;

(3) The parent or guardian of the student experiencing homelessness or the unaccompanied youth shall be referred to the department liaison, who shall carry out the dispute resolution process as expeditiously as possible after receiving notice of the dispute; and

(4) In the case of unaccompanied youth, the liaison shall ensure that the unaccompanied youth is immediately enrolled in the school in which the youth seeks enrollment, pending resolution of the dispute.

(g) The program shall ensure that students experiencing homelessness have appropriate transportation to and from their school according to rules adopted pursuant to section 302A-406.

(h) The program shall ensure that students experiencing homelessness have access to all available educational programs and services, including preschool and extracurricular activities.

(i) The program shall provide training for administrators, counselors, teachers, and staff regarding the implementation of the program.

(j) The department shall adopt rules pursuant to chapter 91 for the purposes of this section.

(k) As used in this section:

"Coordinator" means the designated state coordinator for students experiencing homelessness.

"Student experiencing homelessness" means a student who lacks a fixed, regular, and adequate nighttime residence, including a student who:

(1) Shares housing with others due to loss of housing, economic hardship, or a similar reason;

(2) Lives in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations;

(3) Lives in emergency or transitional shelters;

(4) Has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

(5) Lives in cars, parks, abandoned buildings, substandard housing, bus or train stations, or similar settings; or

(6) Is a migratory child living in circumstances described above.

"Unaccompanied youth" means a student experiencing homelessness who is not in the physical custody of a parent or legal guardian."

SECTION 3. Section 302A-1155, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A child may attend school provisionally upon submitting written documentation from a licensed physician, physician assistant, advanced practice registered nurse, or an authorized representative of the department of health stating that the child is in the process of receiving the required immunizations. Further documentation showing that the required immunizations have been completed shall be submitted to the appropriate school official no later than three months after the child first attends the school. If all of the required immunizations cannot be completed within three months due to the length of the minimum intervals between doses of a particular vaccine required by the department of health, provisional attendance may be extended so long as the child's parent or guardian provides documentation that appointments for required immunizations have been made and that progress toward completing the immunizations continues in accordance with the requirements of the department of health. Students experiencing homelessness who are identified and enrolled in the program established pursuant to section 302A- (a) may attend school provisionally in accordance with this section."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2168
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII