# Australians attending public schools in Hawaii



## tcollins (Apr 13, 2013)

Hi All

First post here, so please excuse any of the 'newbie' style questions below.

My family and I are considering spending 3 months living in Hawaii with our 2 children (ages 5 and 7- currently Kindergarten and year 1 at primary school).

We know that we can stay for 3 months on a tourist visa as part of the Visa Waiver Program (VWP), and I run my own business that operates primarily online so traveling is not a huge issue.

Our main concern is schooling for our kids, as we would not want them to be missing such an extended period of time, especially at a young age.

My main question is do people know if kids from Australia are able to attend USA public schools (specifically Hawaiian), whilst travelling? I have found some brief information that seems a little confusing on this topic, and was hoping someone here might have further information.

We found the following info about student visas and ability for VWP people to attend schools- little confusing I know:

"Note: Holders of most derivative nonimmigrant visas may enroll in public elementary and secondary schools or to travel on the Visa Waiver Program."


It would be greatly appreciated if anyone has further info on this one.


Regards


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## 2fargone (Jun 14, 2011)

I am almost positive you can't attend a public school on a VWP. 

If you are worried about schooling why don't you do homeschooling or something like that when you are going to be in the USA. Your kids are still very young.

Another thing is have you thought about health insurance for your family when you are in the USA? You will need to look at that.

There are lots and lots of things to consider when spending three months in another country. Especially when you have children.


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## tcollins (Apr 13, 2013)

Thanks so much for the quick reply.

We have had a look at travel insurance, and this is not a huge factor for us- reasonably standard policies.

I think I will have to give the US Consulate a call to get more clarification around this one.

Thanks again for your help.




2fargone said:


> I am almost positive you can't attend a public school on a VWP.
> 
> If you are worried about schooling why don't you do homeschooling or something like that when you are going to be in the USA. Your kids are still very young.
> 
> ...


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## Bevdeforges (Nov 16, 2007)

If you know where you'll be staying, you should try contacting the public school district in that town or area. The public schools in the US are strictly local organizations and what may be possible in one school district will not be in another.

That said, I can imagine some school districts would be thrilled to have "foreign students" visiting for a 2 or 3 month period. (Depends a bit on the ages of your children - probably easier with younger kids, and a bit trickier with high school aged children.)
Cheers,
Bev


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## tcollins (Apr 13, 2013)

Thanks for the tip 

Contacting some schools was next on my initial to-do list.

I found a few lists that indicate some of the better performing schools, and I thought that this could be a good starting place.



Bevdeforges said:


> If you know where you'll be staying, you should try contacting the public school district in that town or area. The public schools in the US are strictly local organizations and what may be possible in one school district will not be in another.
> 
> That said, I can imagine some school districts would be thrilled to have "foreign students" visiting for a 2 or 3 month period. (Depends a bit on the ages of your children - probably easier with younger kids, and a bit trickier with high school aged children.)
> Cheers,
> Bev


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## twostep (Apr 3, 2008)

Just read the enrollment requirements for DoE Hawaii. BTW VWP does not allow work.


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## EVHB (Feb 11, 2008)

In the United States, children are given the right to an elementary and secondary education (K-12) regardless of their immigration status. But no school will promote this, as this means they can't get any money for your kids.
To technically they should allow your kids, but I assume you won't take them to court for that and that's what you will have to do when they say 'no'. ;-) (and who would want their kinds in a school where they are unwanted?)

Don't forget that you don't have 3 months, but only 90 days.
And technically you are not even allowed to run your online business whilst in the US because that is working, and you don't have a work permit. You don't earn your money from US clients, but you are on US soil and you need a work permit to work there. (of course, it will be hard for them to find out that you run an online business but if they ask you about your job you might be in trouble. And I assume you can show that you have enough money on the bank to finance your 90 days of vacation up front?)

Homeschooling looks like a good alternative. Certainly because your kids will enter a totally different school system with different subjects and different paces. At that age it's so easy to homeschool! Google 'how to homeschool kids while traveling' and you will find a lot of inspiration.


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## Davis1 (Feb 20, 2009)

U.S. law does not permit foreign students to attend public elementary school (kindergarten to 8th grade) or a publicly funded adult education program. Hence, F-1 visas cannot be issued for study at such schools.

An F-1 visa can be issued for attendance at a public secondary school (grades 9 to 12), but the student is limited to a maximum of 12 months at the school. The school must also indicate on the Form I-20 that the student has paid the unsubsidized cost of the education and the amount submitted by the student for that purpose


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## tcollins (Apr 13, 2013)

Thanks very much for the reply.

I was actually thinking of being on the Visa Waiver Program (VWP), not on the F-1 visa.

With regards to work, I would not be working in the USA. I would be on a tourist visa and my company would still be continuing in Australia as normal. If anything it would be the same as me travelling to the USA to do business for a short period of time just as a normal VMP visa would allow.




Davis1 said:


> U.S. law does not permit foreign students to attend public elementary school (kindergarten to 8th grade) or a publicly funded adult education program. Hence, F-1 visas cannot be issued for study at such schools.
> 
> An F-1 visa can be issued for attendance at a public secondary school (grades 9 to 12), but the student is limited to a maximum of 12 months at the school. The school must also indicate on the Form I-20 that the student has paid the unsubsidized cost of the education and the amount submitted by the student for that purpose


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## EVHB (Feb 11, 2008)

You are not under a tourist visa. The Visa WAIVER Program is just that: it waives the need for a visa for those people who are mere tourists.

If you tell Immigrations that you are running an online business and that you will continue to do so while you are in the US, they are entitled to send you back to Australia on the first available plane. It will depend on how the immigrations guy is feeling if he lets you in or not.


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## tcollins (Apr 13, 2013)

Thanks for that.

Sorry, I should have explained that in a little more detail.

The company itself can operate without me whilst I am holidaying in Hawaii. I won't need to be doing work whilst there, and won;t be going off to any meetings or anything like that.

Thanks again for the information that you have provided.





EVHB said:


> You are not under a tourist visa. The Visa WAIVER Program is just that: it waives the need for a visa for those people who are mere tourists.
> 
> If you tell Immigrations that you are running an online business and that you will continue to do so while you are in the US, they are entitled to send you back to Australia on the first available plane. It will depend on how the immigrations guy is feeling if he lets you in or not.


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## Bellthorpe (Jun 23, 2013)

So you wouldn't tell them. Just about every attendee at any large conference, for example, is still 'working' as soon as he hits his email after (or during) a session. Not something to worry about.


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## twostep (Apr 3, 2008)

There is a difference between running a company while you and your family are maxing out WVP or dealing with email while attending a conference.


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