Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in Hawaii and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Hawaii.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
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FAQ for Military Families
Common questions answered for military families deploying to Hawaii. If a question you have isn't answered here, please reference the contact section by military branch — we have resources to assist you.
Frequently Asked Questions
Answers to some common questions regarding home educating in Hawai'i.
§8-12-1 to §8-12-22. Compulsory Attendance Exceptions
§8-12-1 Purpose
§8-12-2 Definitions
§8-12-3 Applicability
§8-12-4 Conditions for exceptions
§8-12-5 Procedures for exceptions due to handicapping conditions
§8-12-6 Procedures for exceptions due to employment
§8-12-7 Procedures for exceptions due to family court order
§8-12-8 Procedures for exceptions for alternative educational programs, other than home schooling
§8-12-9 Testing and progress reports of children excepted for alternative educational programs, other than home schooling
§8...
Hawai'i Regulations
Hawai'i has a state-run public school system. The rules governing homeschooling in Hawai'i are found in Chapter 12, "Compulsory Attendance Exceptions" of the Hawai'i Administrative Rules for the Department of Education. In particular, see sections 8-12-1 through 8-12-4 and 8-12-13 through 8-12-22. Read the rules and refer to them when dealing with school officials. Most of the problems that arise between parents and school officials are due to simple misunderstanding of the administrative rules....
§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 ...
§8-12-20 Credits.
No course credits (Carnegie units) are granted for time spent being home-schooled.
Exceptions to Compulsory Education
Form issued by the State of Hawai'i Department of Education.
§8-12-4 Conditions for exceptions.
School age children may be excepted from compulsory school attendance in the following cases:
(1) Where a child is physically or mentally unable to attend school, except for deafness and blindness, of which fact the certificate of a duly licensed physician shall be sufficient evidence;
(2) Where any child who has reached the fifteenth anniversary of birth is suitably and lawfully employed;
(3) Where a family court judge has approved withdrawal from school;
(4) Where the superintendent of ...
Hawaii State Board of Education
The Hawaii State Board of Education has a dual mission: (1) to set education policies for the public school system, adopt student performance standards and the means to assess them, and monitor school success in order to enable all public school students to acquire the knowledge, skills, respect for learning and attributes necessary for life-long learning and productive and responsible citizenship, and (2) to set policies and standards for the public library system and monitor progress toward th...
§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.
§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.
Hawaii Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Hawaii. Includes a link to a legal analysis of laws relating to homeschooling in Hawaii.
§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 should include the following:
(1) The commencement date and ending date of the ...
§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.
Hawaii Department of Education
The website for the Hawaii Department of Education.
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