HB 2427

HOUSE OF REPRESENTATIVES
H.B. NO.
2427
THIRTY-THIRD LEGISLATURE, 2026
H.D. 3
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO UNACCOMPANIED HOMELESS YOUTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION
1.� 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.� The
McKinney-Vento Act is intended to remove barriers to school enrollment,
attendance, and academic success that arise as a result of housing instability.
���� 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.� 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.
���� 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.� 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.
���� 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.
���� However,
the legislature notes that one significant barrier remains:� the prevention of runaway students from
accessing education.� Under the
McKinney-Vento Act, runaway youth who are not in the physical custody of a
parent or guardian constitute unaccompanied homeless youth.� As such, they are entitled to the protections
afforded by the McKinney-Vento Act.�
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.
���� 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.
���� Accordingly,
the purpose of this Act is to align department of education policies with the
McKinney-Vento Act 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.
���� SECTION
2.� Chapter 302A, Hawaii Revised
Statutes, is amended by adding a new subpart to part II to be appropriately
designated and to read as follows:
"   .� Unaccompanied Homeless Youth Enrollment
���� �302A-A� Definitions.� As used in this subpart:
���� "Unaccompanied
homeless youth" means a youth who:
���� (1)� Is not in the physical custody of a parent or
legal guardian; and
���� (2)� Lacks a fixed, regular, and adequate nighttime
residence.
���� "Unaccompanied
homeless youth" includes:
���� (1)� Youths who are sharing the housing of other
persons due to loss of housing, economic hardship, or a similar reason; are
living in motels, hotels, trailer parks, or camping grounds due to the lack of
alternative adequate accommodations; are living in emergency or transitional
shelters; or are abandoned in hospitals;
���� (2)� Youths who have a primary nighttime residence
that is a public or private place not designed for or ordinarily used as a
regular sleeping accommodation for human beings;
���� (3)� Youths who are living in cars, parks, public
spaces, abandoned buildings, substandard housing, bus or train stations, or
similar settings;
���� (4)� Youths who, within the preceding thirty-six
months, made a move due to economic necessity, either as a migratory
agricultural worker or migratory fisher, or with or to join a parent or spouse
who is such a worker, and whose move was from one residence to another and from
one school district to another; and
���� (5)� Runaway youths.
���� �302A-B� Unaccompanied homeless youth; enrollment;
participation rights.� (a) �Any unaccompanied homeless youth shall be
entitled to:
���� (1)� Immediate enrollment in school, regardless of
the availability of documentation;
���� (2)� Full participation in all academic,
extracurricular, athletic, and school-related activities; and
���� (3)� Access to transportation, meals, supplies, and
educational services equivalent to those provided to other students.
���� (b)� 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.
���� (c)� If immunization records are unavailable, the
unaccompanied homeless youth shall be permitted to attend provisionally in
accordance with section 302A-1155, while the school's assigned complex area
homeless liaison works with the department of health to satisfy the requirements
of section 302A-1155.
���� �302A-C� Student-centered notification protocol.� (a)�
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.
���� (b)� In lieu of such notification as provided in
subsection (a), the school shall promptly notify:
���� (1)� The school's assigned complex area homeless
liaison to ensure a student-centered, trauma-informed, and confidential
response that prioritizes the youth's safety and well-being; and
���� (2)� The office of youth services in cases
involving students who are runaway youth.
���� �302A-D� Student safety assessment; supportive
intervention.� (a)� Upon receiving a notification pursuant to
section 302A-C(b), the complex area homeless liaison shall collaborate with the
school to:
���� (1)� Engage the student in a safe, private, and
non-punitive setting;
���� (2)� Assess whether the student has fled an unsafe,
abusive, neglectful, or otherwise unhealthy home environment; and
���� (3)� Connect the student to appropriate supports
and services.
���� (b)� 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.
���� (c)� 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.
���� �302A-E� Unaccompanied homeless youth; continuity of
education.� 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.
���� �302A-F� Rules.�
The department, in collaboration with the office of youth services,
shall adopt rules pursuant to chapter 91 necessary to carry out this
subpart."
���� SECTION 3.� Section 302A-1155, Hawaii Revised Statutes,
is amended by amending subsection (a) to read as follows:
���� "(a)� A child may attend school provisionally upon
submitting written documentation from a licensed physician, physician
assistant, advanced practice registered nurse, or an authorized representative
of the department of health stating that the child is in the process of
receiving the required immunizations.�
Further documentation showing that the required immunizations have been
completed shall be submitted to the appropriate school official no later than
three months after the child first attends the school.� If all of the required immunizations cannot
be completed within three months due to the length of the minimum intervals
between doses of a particular vaccine required by the department of health,
provisional attendance may be extended so long as the child's parent or
guardian provides documentation that appointments for required immunizations
have been made and that progress toward completing the immunizations continues
in accordance with the requirements of the department of health.� Unaccompanied homeless youth who are
enrolled under section 302A-B may attend school provisionally in accordance
with this section."
���� SECTION 4.� 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.
���� SECTION 5.� New statutory material is underscored.
���� SECTION 6.� This Act shall take effect on July 1, 3000.
Report Title:
Department
of Education; Office of Youth Services; Unaccompanied Homeless Youth;
Enrollment; Provisional Attendance
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.� Establishes
a student-centered, safety-first protocol for unaccompanied homeless youth
enrolling in or attending school.�
Permits unaccompanied homeless youth to provisionally enroll in school without
providing immunization records.�
Effective 7/1/3000.� (HD3)
The summary description
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not legislation or evidence of legislative intent.