Homeschooling Why and How

Hawai’i Homeschool Laws

Homeschool Regulations – Hawaii

       §8-12-12 College entrance examination, alternative  education. A child in an alternative educational program  may participate in any college entrance examination which  is made available to all other students- [Eff Nov 07, 1991]Auth: HRS §§296-12, 298-9) (Imp: HRS §298-9)

       §8-12-13 Notification of intent to home school.

       (a) The parent shall provide the local public school  principal with a notice of intent to home educate the  child before initiating home schooling,  The purpose of notification is to allow the department,  upon request of the parent, to assist in the educational  efforts. The notice of intent may be  submitted on a department developed form (Form  OIS-4140) or in a letter containing the following  items:

       (1)  Name, address, and telephone number of the  child; 

       (2)  Birthdate and grade level of the child; and 

       (3)  Signature of the parent.

       (b)  The notice of intent shall be acknowledged by  the principal and the district superintendent. The notice  of intent is for recordkeeping purposes and to protect  families from unfounded accusations of educational neglect  or truancy.

       (c) If a child’s annual progress report has been  submitted as stated in S8-12-18(b), notification of intent  to home school need not be resubmitted annually, except in  cases wherethe child is transferring from one local  public school to another, for example, transition from  sixth grade to an intermediate school. Then the parents shall notify the principal of the child’s new local public school.

       (d) The parent(s) submitting a notice to home school  a child shall be responsible for the child’s total  educational program including athletics and  other co-curricular activities. [Eff. Nov 07 1991] (Auth: HRS §§296-12, 298-9) (Imp: HRS §298-9)

§8-12-14 Required statutory services. All  educational and related services statutorily mandated shall be made available at the home public school site to  home-schooled children who have been evaluated and  certified as needing educational and related services and  who request the services. [Eff. Nov 07 1991 ] (Auth: HRS  §§296-12, 298-9) (Imp: HRS §298-9)

§8-12-15 Record of curriculum. The parent  submitting a notice of intent to home school shall keep  a record of the planned curriculum for the child. The  curriculum shall be structured and based on educational  objectives as well as the needs of the child, be cumulative and sequential, provide a range of  up-to-date knowledge and needed skills, and take into  account the interests, needs and abilities of the  child. The record of the planned curriculum shall  include the following:

       (1) The commencement date and ending date of the  program;

       (2) A record of the number of hours per week the  child spends in instruction;

       (3) The subject areas to be covered in the planned curriculum: 

       (A) An elementary school curriculum may  include the areas of language arts,  mathematics, social studies, science,  art, music, health and physical  education to be offered at the  appropriate development stage of the        child; 

       (B) A secondary school curriculum may include the subject areas of social  studies, English, mathematics, science,  health, physical education and guidance.

       (4) The method used to determine mastery of  materials and subjects in the curriculum; and

       (5) A list of textbooks or other instructional  materials which will be used. The list shall  be in standard bibliographical format. For  books, the author, title, publisher and date  of publication shall be indicated. For magazines, the author, article title,  magazine, date, volume number and pages shall  be indicated. [Eff. Nov 07 1991] (Auth:  HRS §§296-12, 298-9) (Imp: HRS §298-9)

       §8-12-16 Notification of termination of home-schooling. The parent shall notify the principal if home schooling is terminated. A child shall be  reenrolled in the local public school or licensed  private school unless a new alternative educational  program is presented within five school days after  the termination of home schooling. [Eff. Nov 07 l991  (Auth: HRS §§296-12, 298-9) (Imp: HRS §298-9)

       §8-12-17 Educational neglect.  If there is  reasonable cause for the principal to believe that there is educational neglect, the department in  compliance with §298-9. Hawaii Revised Statutes,  shall intervene and take appropriate action in  accordance with established departmental procedures.  Reasonable cause for educational neglect shall not be  based on the refusal of parents to comply with any  requests which exceed the requirements of this chapter.  [Eff. Nov 07, 1991 (Auth: HRS §§296-12, 298-9)  (Imp: HRS §298-9)

       §8-12-18 Testing and Progress reports of home-schooled children.  a) Test scores shall be required  for grades identified in the Statewide Testing Program,  grades three, six, eight, and ten. A child is eligible  to participate in the Statewide Testing Program at the  local public school. The parent is responsible for  securing necessary details from the principal of the  local public school. The parent may elect to arrange  for private testing at the parent’s own expense. The  tests used shall be comparable to the appropriate  criterion or norm-referenced tests used by the  department in the grades concerned. The parent may  request and the principal may approve other means of evaluation to meet the Statewide Testing Program  requirements.

       (b) The parent shall submit to the principal an annual report of a child’s progress. One of the  following methods shall be used to demonstrate  satisfactory progress:

(1) A score on a nationally-normed standardized  achievement test which demonstrates grade  level                 achievement appropriate to a child’s  age;

(2) Progress on a nationally-normed standardized  achievement test that is equivalent to one  grade level         per calendar year, even if the  overall achievement falls short of grade  level standards; 

(3) A written evaluation by a person certified to  teach in the State of Hawaii that a child  demonstrates             appropriate grade level achievement or significant annual advancement  commensurate with a                   child’s abilities; and

(4) A written evaluation by the parent which  shall include:                       

(A) A description of the child’s progress  in each subject area included in the  child’s curriculum; 

(B) Representative samples of the child’s  work; and 

(C) Representative tests and assignments  including grades for courses if grades are given.

       (c) When tests are administered under the  Statewide Testing Program for grades three, six, eight,  and ten, the parent may choose to have the child  participate in the school’s testing program and have  the results serve as a means of assessing annual  progress for that year.

       (d) The principal shall review the adequacy of  a child’s progress. If progress is not adequate, the  principal shall meet with the parent to discuss the  problems and help establish a plan for improvement.  In this case, the principal may request and the parents  shall share their record of the child’s planned  curriculum. When standardized test scores are used,  adequate progress shall be considered to be  scores/stanines in the upper two thirds of the  scores/stanines. Unless progress is inadequate for two  consecutive semesters, based on a child’s scores on a  norm-referenced test for that grade level or the written evaluation by a person certified to teach in  the State of Hawaii, recommendations to enroll the  child in a public or private school or to take legal  action for educational neglect shall be prohibited.  No recommendations shall be made for a child before the third grade. [Eff.Nov 07, 1991] (Auth: HRS §§296-12,  298-9) (Imp: HRS §298-9)

§8-12-19  Instructional personnel of home-schooled children. A parent teaching the parent’s child at home  shall be deemed a qualified instructor. [Eff Nov 07, 1991]  (Auth: HRS §§296-12, 298-9) (Imp: HRS §298-9)

§8-12-20 Credits. No course credits (Carnegie units) are granted for time spent being home-schooled.  [Eff Nov 07, 1991] (Auth: HRS §§296-l2, 298-9  (Imp: HRS §298-9)

§8-12-21 High school diploma for home-schooled  children. (a) A home-schooled child who wants to earn  a high school diploma from the local public high school shall attend high school for a minimum of three full years to meet the twenty credit requirement for  graduation. Satisfactory performance on the Hawaii  State Test of Essential Competencies (HSTEC)  is also required.

(b) A home-schooled child who wants to earn a  high school diploma from the community school for  adults shall meet the following requirements:

(l) Be at least seventeen years of age,  the case of emancipated minors;

(2) Has been home-schooled for at least one  semester under Hawaii’s home-schooling  procedures; and

(3) Takes and achieves a satisfactory score on  the General Educational Development (GED)  test. 

The diploma shall be awarded by the community school  for adults. [Eff. Nov 07 1991 (Auth: HRS §§296-12,  298-9) (Imp: HRS §298-9)

§8-12-22 College entrance examination and homeschooled children. A child  may participate in any college entrance examination  which is made available to all other students. The  principal of the local public high school shall, upon  request, supply written acknowledgement that a child  has been home schooled in compliance with the  requirements of this chapter.[Eff. Nov 1991] (Auth:  HRS §§296-l2, 298-9) (Imp. HRS §298]