HAR §8-12-7. Procedures for exceptions due to family court order

(a) Approval for exceptions due to family court order shall be authorized by a family court judge. (b) The approval of the family court judge shall be obtained on Form 4140, Exceptions to Compulsory Education, and submitted to the local public school. (c) Requests for an exception due to family court order shall be reviewed and renewed annually. [Eff. 11/7/91; am and comp 5/13/00] (Auth: HRS §§302A-1112, 302A-1132) (Imp: HRS §302A-1132) §8-12-8 Procedures for exceptions for alternative educational programs, other than home schooling. (a) The parent of a child requesting a compulsory attendance exception for an alternative educational program other than home schooling shall complete and submit Form 4140, Exceptions to Compulsory Education, to the local public school. (b) For purposes of this chapter, enrollment in a private school's home study school program shall not be construed as equivalent to attendance at a private school. (c) The parent requesting an exception under this section shall submit to the local public school principal a planned curriculum for the child along with the Form 4140. 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 submittal shall include the following: (1) The commencement date and ending date of the program; (2) The number of hours per week the child will spend in instruction which shall average approximately three hours per school day; (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. (d) The superintendent or the superintendent's designee may approve withdrawal from school where an appropriate educational program other than home schooling is developed for the child in accordance with the plans and policies of the department. (e) A request for an exception for an alternative educational program other than home schooling shall be renewed annually. (f) Further exceptions to the provisions of this chapter concerning a child's alternative educational program may be granted by the superintendent upon the written request of the parent and the recommendations of the principal and the district superintendent. [Eff. 11/7/91; am and comp 5/13/00] (Auth: HRS §§302A-1112, 302A-1132) (Imp: HRS §302A-1132) §8-12-9 Testing and progress reports of children excepted for alternative educational programs, other than home schooling. (a) Test scores are required for grades identified in the Statewide Testing Program. A child is eligible and required to participate in the Statewide Testing Program at the local public school. Parents shall be responsible for securing necessary details from the principal of the school. The parents may elect to arrange for private testing at their 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 parents shall inform the school principal if private testing will be used for purposes of this chapter. (b) A narrative progress report and report card from the professional staff or tutor of a child's alternative educational program shall be submitted by the family to the local public school principal at the end of each school year. More frequent progress reports may be requested by the principal. (c) The narrative report shall include statements of progress in each of the subject areas as well as development in social awareness and understanding of self, understanding of the problems of the society and the culture, and independence in learning. Copies of tests or assignments, if available, shall be attached to the narrative report. Grades for courses shall be submitted. The principal shall judge the adequacy of progress of a child. If progress is not satisfactory, the principal shall meet with the parent to discuss the problems and establish a plan for improvement. (d) If progress is not satisfactory, the principal may recommend to the district superintendent that the exception be rescinded. (e) The parent shall notify the principal if the alternative educational program is terminated. The child shall be re-enrolled in the local public school or licensed private school unless satisfactory evidence of a new alternative educational program is presented within five school days after the termination of the former alternative educational program. (f) At the discretion of the principal of the school, a child may be tested for placement when entering or reentering public school. [Eff. 11/7/91; am and comp 5/13/00] (Auth: HRS §§302A-1112, 302A-1132) (Imp: HRS §302A-1132) §8-12-10 Instructional personnel of alternative educational programs, other than home schooling. (a) Instructional personnel in the alternative educational program shall be qualified to provide appropriate education to the child served. (b) Professional staff members or tutors, or both, providing instruction shall be persons who have at a minimum earned a bachelor's degree from an accredited college or university. Satisfactory evidence of the qualifications shall be presented to the local school principal at the time Form 4140 is submitted. This evidence shall include the following: (1) Names, addresses, and telephone numbers of instructional personnel; (2) Place of employment, other than the alternative educational program, if any; and (3) Official transcripts verifying educational background. (c) Nonprofessional staff, for example, teacher assistants, in the alternative educational program may assist the professional staff but shall not have the full responsibility of instructing the child. [Eff. 11/7/91; am and comp 5/13/00] (Auth: HRS §§302A-1112, 302A-1132) (Imp: HRS §302A-1132) §8-12-11 High school diploma, alternative education programs, other than home schooling. (a) A child in an alternative educational program other than home schooling who wants a high school diploma shall comply with the requirements outlined in Department of Education Regulation No. 4540.2, High School Graduation Through the Adult Schools. (b) The diploma shall be awarded by the community school for adults. [Eff. 11/7/91; comp 5/13/00] (Auth: HRS §§302A-1112, 302A-1132) (Imp: HRS §302A-1132)