RELATING TO EDUCATION EQUITY.

HB1634

HOUSE OF REPRESENTATIVES

H.B. NO.

1634

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to Education Equity
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1.
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The legislature finds that there is
inequity in the state public school system.
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Families who choose to homeschool their
children contribute to the public education system through the payment of state
taxes; however, homeschooled students are currently excluded from many publicly-funded
extracurricular programs, including athletics, academic teams, clubs, music,
and other after-school activities offered by public high schools.

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The
legislature further finds that extracurricular activities foster critical
social, emotional, and leadership development in students.
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For homeschooled students, who may have
limited access to structured peer interactions, inclusion in public school extracurricular
programs could provide opportunities to build teamwork, confidence, and a sense
of community belonging.
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These activities
also help students prepare for higher education, the workforce, and civic
engagement.

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The
legislature also finds that several other states have recognized the need to
address this inequity and have adopted policies authorizing homeschooled
students to participate in public school extracurricular activities.
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Ten states, including Arizona, Colorado,
Florida, Idaho, Iowa, Maine, North Dakota, Oregon, Utah, and Washington, have
enacted "equal access" legislation requiring public schools to permit
homeschooled students to participate in sports and related programs.
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An additional eighteen states permit
participation under specific conditions, including local school district
approval, part-time enrollment, or dual enrollment.
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It is the intent of the legislature to align Hawaii's
public school extracurricular participation policy with those of these other
states.

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Accordingly,
the purpose of this Act is to promote and establish equitable access to
department of education extracurricular programs for all taxpaying families while
ensuring appropriate safeguards regarding eligibility, liability, and fairness.

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SECTION 2.
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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:

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�302A-
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Participation in
extracurricular activities; homeschooled students; requirements.
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(a)
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Beginning with the 2026-2027 school year, children
who are homeschooled pursuant to section 302A-1132(a)(5) and who would
otherwise be eligible for enrollment in a public high school shall be eligible
to participate in extracurricular activities offered, administered, facilitated,
or funded by the department, including athletics, academic competitions, music,
drama, and school-sponsored clubs.

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Eligibility shall be limited to the public
high school that each homeschooled child would otherwise be required to attend
based on the child's residential address.

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(b)
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Pursuant to subsection (a), participation in department extracurricular
activities shall be subject to all requirements imposed upon enrolled public high
school students, including:

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(1)
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Documentation of the child's current homeschooled
status, including:

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(A)
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A properly submitted and acknowledged notice
of intent to home educate; and

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(B)
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A copy of the child's most recent annual
progress report, as required by the department;

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(2)
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Compliance with academic eligibility
standards, as determined by the department;

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(3)
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Compliance with vaccination and annual
physical fitness examination requirements;

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(4)
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Documentation of current health insurance
coverage or adequate injury liability coverage;

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(5)
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Submission of a liability waiver, signed by
the child's parent or guardian, acknowledging the assumption of risk and
releasing the State, department, school, and department employees from
liability, except in cases of gross negligence;

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(6)
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Compliance with applicable codes of conduct,
rules, expectations, and tryout or audition procedures required of enrolled public
school students; and

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(7)
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Compliance with all applicable athletic eligibility
and transfer rules, including rules set by the department, Hawaii High School
Athletic Association, or other governing bodies for interscholastic
competition.
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Homeschooled students shall
be subject to the same transfer restrictions as enrolled public school students
and shall not participate in athletic activities at a school outside their
residential attendance zone unless otherwise permitted pursuant to existing
transfer policies.

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(c)
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Participation by eligible homeschooled
students shall be subject to availability and program capacity for acceptance
of new participants; provided that public high schools may prioritize the
participation of enrolled students, when necessary, as determined by each
school principal.

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(d)
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Notwithstanding any other law to the contrary,
participation in department extracurricular activities shall be a privilege,
which may be revoked according to eligibility requirements, codes of conduct,
and other applicable rules or regulations.
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Nothing in this section shall be construed as establishing a legal right
to participate in any department extracurricular activity.

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(e)
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The department shall adopt rules pursuant to
chapter 91 to implement this section, including the development of
standardized application forms, liability waivers, eligibility documentation,
and procedures for coordination between homeschool families and appropriate
school administrators or officials.

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(f)
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Each complex area and public high school
shall designate a position that shall be responsible for facilitating and
administering the participation of eligible homeschooled students in applicable
extracurricular activities.

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(g)
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The department may adopt any additional
rules, policies, or procedures that are necessary for implementation of this
section and that are consistent with the intent of this section.
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SECTION
3.
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New statutory material is
underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

DOE; Home
School; Homeschooled Students; Public Schools; Extracurricular Activities;
Equitable Access

Description:

Requires
the Department of Education to permit the participation of eligible
homeschooled students in public high school extracurricular activities, subject
to certain requirements and limitations.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.