HB2427 HD2

SECTION 1. The legislature finds that the McKinney-Vento Homeless Assistance Act of 1987 (McKinney-Vento Act) is the primary federal law ensuring educational access and stability for children and youth experiencing homelessness. The McKinney-Vento Act is intended to remove barriers to school enrollment, attendance, and academic success that arise as a result of housing instability.

The legislature further finds that under the McKinney-Vento Act, students who lack a fixed, regular, and adequate nighttime residence are entitled to immediate enrollment in school, even in the absence of typical documentation such as proof of residency, immunization records, or guardianship papers. The McKinney-Vento Act further guarantees a student's right to remain in the school of origin when in the student's best interest and requires school districts to provide transportation when necessary to maintain educational stability.

The legislature additionally finds that the McKinney-Vento Act requires every state and school district to designate homeless liaisons responsible for identifying eligible students, safeguarding their educational rights, coordinating services, and connecting families to community resources. Eligible students must be provided equal access to all educational programs and services, including preschool, special education, gifted programs, extracurricular activities, and free school meals.

The legislature recognizes that in Hawaii, the department of education has made substantial strides in implementing the McKinney-Vento Act through its statewide education for homeless children and youth program, including the designation of a state coordinator and complex-area community liaisons who work collaboratively to reduce barriers and support educational continuity for students experiencing homelessness.

However, the legislature notes that one significant barrier remains: the prevention of runaway students from accessing education. Under the McKinney-Vento Act, runaway youth who are not in the physical custody of a parent or guardian constitute unaccompanied homeless youth. As such, they are entitled to the protections afforded by the McKinney-Vento Act. These protections include the right to immediate enrollment, full participation in school and extracurricular activities, access to transportation, and connection to supportive services without the requirement of parental presence or traditional documentation.

The legislature believes that addressing barriers faced by unaccompanied homeless youth is essential to ensuring that all vulnerable students in Hawaii have equitable access to education, stability, and the opportunity to succeed academically.

Accordingly, the purpose of this Act is to align department of education policies with the McKinney-Vento Act to ensure that unaccompanied homeless youth are afforded all rights guaranteed under federal law and to establish a student-centered, safety-first protocol when such youth seek to enroll in or attend school.

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

" . Unaccompanied Homeless Youth Enrollment

§302A-A Definitions. As used in this subpart:

"Unaccompanied homeless youth" means a child or youth who:

(1) Is not in the physical custody of a parent or legal guardian; and

(2) Lacks a fixed, regular, and adequate nighttime residence.

"Unaccompanied homeless youth" includes:

(1) Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;

(2) Children and youths who have 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;

(3) Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(4) Children and youths who, within the preceding thirty-six months, made a move due to economic necessity, either as a migratory agricultural worker or migratory fisher, or with or to join a parent or spouse who is such a worker, and whose move was from one residence to another and from one school district to another; and

(5) Runaway children and youths.

§302A-B Unaccompanied homeless youth; enrollment; participation rights. (a) Any unaccompanied homeless youth shall be entitled to:

(1) Immediate enrollment in school, regardless of the availability of documentation;

(2) Full participation in all academic, extracurricular, athletic, and school-related activities; and

(3) Access to transportation, meals, supplies, and educational services equivalent to those provided to other students.

(b) The lack of parental presence, guardianship documentation, or housing stability shall not be used to deny or delay enrollment or participation in school for any unaccompanied homeless youth.

(c) If immunization records are unavailable, the unaccompanied homeless youth shall be permitted to attend provisionally in accordance with section 302A-1155, while the school's assigned complex area homeless liaison works with the department of health to satisfy the requirements of section 302A-1155.

§302A-C Student-centered notification protocol. (a) When an unaccompanied homeless youth enrolls in or is actively attending school, school administrators shall not be required to notify law enforcement or the student's parent or guardian solely on the basis of the student's unaccompanied homeless youth status.

(b) In lieu of such notification as provided in subsection (a), the school shall promptly notify:

(1) The school's assigned complex area homeless liaison to ensure a student-centered, trauma-informed, and confidential response that prioritizes the youth's safety and well-being; and

(2) The office of youth services in cases involving students who are runaway youth.

§302A-D Student safety assessment; supportive intervention. (a) Upon receiving a notification pursuant to section 302A-C(b), the complex area homeless liaison shall collaborate with the school to:

(1) Engage the student in a safe, private, and non-punitive setting;

(2) Assess whether the student has fled an unsafe, abusive, neglectful, or otherwise unhealthy home environment; and

(3) Connect the student to appropriate supports and services.

(b) If it is determined that the student is fleeing from an unsafe or dangerous environment, the appropriate law enforcement, child welfare, or protective agencies shall be notified in accordance with applicable state law.

(c) If it is determined that the student is not fleeing from an unsafe or unhealthy home environment, reasonable efforts shall be made to support family reconnection in a manner that prioritizes the student's physical and emotional safety.

§302A-E Unaccompanied homeless youth; continuity of education. Notwithstanding any determination regarding a student's home environment or family reconnection efforts, an unaccompanied homeless youth shall retain the right to continue attending school and fully participate in all school-related activities without interruption during the process for enrollment in school as described in this subpart.

§302A-F Rules. The department, in collaboration with the office of youth services, shall adopt rules pursuant to chapter 91 necessary to carry out this subpart."

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. Unaccompanied homeless youth who are enrolled under section 302A-B may attend school provisionally in accordance with this section."

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2427
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII