Hawaii State Department of Education
Parents
Getting Ready
Registration
Proof of residence
Verification
McKinney-Vento Act
References
Junior-Kindergarten
Kindergarten
Geographic Exception
Getting Involved
Helping your
child learn
Special Education
Student Behavior
Code of Conduct
Bullying
Harassment
Internet
Graduation
Graduation web site
Grad Calendar
Career Counseling
College Bound?
A+ Aftersch Care
Resources
Family Support Svcs
Standards
mySchool
Reports
US Ofc for Civil Rights
Effective 7/9/03
According
to state law, Hawaii
Revised Statutes §302A-1143 and Hawaii Administrative Rule chapter 8-13, school-aged children are
required to attend the school in the area in which they reside, unless permitted to attend another school through
a geographic exception.
Under the law, Hawaii Administrative Rule chapter 8-13 and BOE Policy 4150, a minor does not have the legal capacity to establish residency independent of the minor’s parents or legal guardian.
If the parents are separated or divorced, the residency of the child is generally determined to be where the parent with the physical custody of the child during the school week resides. Legal guardianship is not created by documents such as powers of attorney or special powers of attorney. Legal guardianship is created by a formal family court order which specifies the duties of the guardian in a document called “Letters of Guardianship.”
Many parents want their child to attend a school in an area other than in which the parent(s) reside. In some instances, where the child is temporarily placed with a relative for whatever reason, a tension occurs between the compulsory school attendance law which requires the DOE to provide educational services to all children and the area school attendance law which prescribes which school a child is to attend. Verification as to where indeed a child resides and is required to attend school becomes a problem that all schools must face.
prev | next
....Our standards set the course, while students, families, and community fill the sails with expectation as we voyage with the treasure of bright, young minds ready to lead the way to the future.
© Hawaii State Department of Education, P.O. Box 2360, Honolulu, HI 96804; Physical address: 1390 Miller St, Honolulu, HI 96813; phone: 808-586-3230; fax: 808-586-3234. All rights reserved. For problems/questions concerning this web site, please email the webmaster. Links to other web sites should not be considered an endorsement. DOE is not responsible for the content of external web sites.