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HB2427
HOUSE OF REPRESENTATIVES
H.B. NO.
2427
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to unaccompanied homeless youth
.
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 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.
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The McKinney-Vento
Act is intended to remove barriers to school enrollment, attendance, and
academic success that arise as a result of housing instability.
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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.
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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.
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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.
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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.
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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.
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However, the
legislature notes that one significant barrier remains:
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the prevention of runaway students from
accessing education.
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Under the
McKinney-Vento Act, runaway youth who are not in the physical custody of a
parent or guardian constitute unaccompanied homeless youth.
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As such, they are entitled to the protections
afforded by the McKinney-Vento Act.
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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.
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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.
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Accordingly,
the purpose of this Act is to align department of education policies with the
McKinney-Vento Homeless Assistance Act of 1987 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.
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SECTION
2.
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Chapter 302A, Hawaii Revised
Statutes, is amended by adding a new subpart to part II to be appropriately
designated and to read as follows:
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UNACCOMPANIED HOMELESS YOUTH ENROLLMENT
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302A-A
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Definitions.
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As used in this subpart:
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"Unaccompanied
homeless youth" means a child or youth who meets the definition of
homelessness under the McKinney-Vento Homeless Assistance Act of 1987 and is
not in the physical custody of a parent or legal guardian.
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"Unaccompanied homeless youth"
includes runaway youth.
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302A-B
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Unaccompanied homeless youth; enrollment;
participation rights.
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(a) Any
unaccompanied homeless youth shall be entitled to:
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(1)
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Immediate enrollment in school, regardless of
the availability of documentation;
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(2)
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Full participation in all academic,
extracurricular, athletic, and school-related activities; and
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(3)
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Access to transportation, meals, supplies, and
educational services equivalent to those provided to other students.
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(b)
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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.
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302A-C
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Student-centered notification protocol.
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(a)
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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.
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(b)
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In lieu of such notification as provided in
subsection (a), the school shall promptly notify:
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(1)
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The office of youth services; and
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(2)
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The schools assigned complex area homeless
liaison,
to ensure a student-centered, trauma-informed, and
confidential response that prioritizes the youth's safety and well-being.
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302A-D
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Student safety assessment; supportive
intervention.
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(a)
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Upon receiving a notification pursuant to
section 302A-C(b), the complex area homeless liaison shall collaborate with the
school to:
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(1)
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Engage the student in a safe, private, and
non-punitive setting;
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(2)
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Assess whether the student has fled an unsafe,
abusive, neglectful, or otherwise unhealthy home environment; and
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(3)
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Connect the student to appropriate supports
and services.
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(b)
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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.
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(c)
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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.
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�302A-E
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Unaccompanied homeless youth; continuity of
education.
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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.
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�302A-F
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Rules.
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The department, in collaboration with the office of youth services,
shall adopt rules pursuant to chapter 91 necessary to carry out this
subpart."
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SECTION 3.
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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.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Department
of Education; Office of Youth Services; Unaccompanied Homeless Youth;
Enrollment
Description:
Entitles unaccompanied homeless youth, including runaway
youth, with the rights, as provided by the federal McKinney-Vento Homeless
Assistance Act of 1987, to immediate enrollment in school, full participation
in school activities, and access to comparable school and educational services
provided to other students.
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Establishes
a student-centered, safety-first protocol for unaccompanied homeless youth enrolling
in or attending school.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.