Homeschool Groups in Kuau Bayview
*** Please note that this is not a vote. We are simply collecting owners' opinions ***
[ Note: No names will be posted here so you can state how you honestly feel about the prospect of such schools opening on your street. Some of the submissions are from owners who are currently experiencing the actual school on N Laelua. Please feel free to speak up. We need to know the position of the community before there are 5 schools on every street.
Something new has come to Kuau Bayview - the Homeschool Support Organization or Homeschool Group or Homeschool Pod - and owners need to be aware of what they are and how they could change the character of our quiet neighborhood. As we anticipate more of these groups springing up over time, we would like to share on this page feedback from owners and experts so that the Association can establish a policy and guidelines in advance based on the wishes of the majority of owners. Four possible options appear to be:
(1) requiring Board or Committee approval on a case-by-case basis to assess whether there will be detrimental or nuisance effects upon the neighbors, or
(2) requiring a probation period during which complaints can trigger a 'cease and desist' order from the Board or the landlord, or
(3) requiring written approval from all owners on the street where the school will be located, and requiring waivers from all parents of the students that hold the HOA harmless for any mishap related to the school. Should 'School Zone' signage be required during school hours?, or
(4) if there are enough people opposed, a complete ban on schools or any business that brings a lot of traffic and clients into Kuau Bayview.
It was surprisingly difficult to find reliable information on these homeschool groups because they are so new. But I have learned more since I first created this page. As homeschool groups do not qualify under any of the permitted uses for residential districts under 19.08.020, they appear to fit better under 19.08.030 which requires a County Special Use Permit from the Maui County Planning Commission.
H. Domestic-type businesses in the home that do not meet the definition of home business or home occupation, including group instruction of traditional Hawaiian practices, such as lei making, ukulele classes, hula classes, and lomi lomi, provided that there will be no detrimental or nuisance effect upon the neighbors, and further, provided that off-street parking is available to participants.
- "Homeschool" is technically defined as parents teaching their own children in their own home usually helping them with distance learning. I don't think anyone anticipated homeschool parents paying someone else to homeschool their children in a group. It is somewhat akin to group babysitting with a curriculum. It is pricey but still cheaper than private schools.
- In my opinion, the concept of 'homeschool groups' is a distortion of the true definition of homeschool that takes advantage of the allowances granted to parents in their fairly unskilled efforts to educate their own children. Using this as-yet-unregulated loophole to insert for-profit (or fake non-profit) school businesses into residential neighborhoods is not right. At first nobody in County Zoning or Planning had even heard of homeschool groups, but the enforcement division considers this school a home business subject to County Ordinances.
- The DOE's mandate extends only to making sure that the families of the kids in the Homeschool Support Organization have filed their 4140 forms with the local public school for the compulsory attendance exemption. The parents are required to submit an annual report to the school regarding the progress their children have made, and are required to sign their kids up for the state testing. But DOE has no further jurisdiction once the parents have received the exemption.
- Moreover, the definition of who is qualified to teach homeschool is also quite expansive. No specific teaching certification is required because the state thought it would be parents doing the teaching. Apparently anyone can set up a homeschool support business or form a collective of parents since the students are exempted from attending DOE schools - so it doesn't have to be exclusively the child's parent who teaches their child, but the collective of students can no longer be considered a homeschool in the intended sense. Although anyone can form a homeschool group, they cannot operate it anywhere.
- The mandate of the Hawaii Council for Private Schools (HCPS) extends only to those organizations that claim to be private schools, which does not apply to homeschools. Likewise for the Charter School designation. The only charter school on Maui is Kihei Charter School.
- True homeschools in residential neighborhoods have never been a problem, but as soon as you aggregate a group of homeschool kids together with the attendant noise, activity, and liability, it can spell the end of peace in your home refuge.
- If the homeschool group is feeding the children "prepared food," a certificate is required from the sanitation section of the Health Department.
- Although PATCH child care facilities require an annual fire safety inspection and must display a certificate from Fire Prevention, homeschools do not.
- Lot 26 is perhaps the only house that could conceivably run one of these schools truly without bothering anyone in KB or increasing traffic because it is right next to the Paia Community Center and parents could park in the PCC parking lot without ever entering Kuau Bayview. Recess could be at the existing playground. I suggested to the teacher/tenant, John Anthony, that he could run the school out of the PCC as it sits empty all day and is right nextdoor, but he rejected that idea. I suggested he at least hold recess at Makana Park or the PCC playground because it is mostly the recess activities that are bothering the neighbors. Nope. On Oct 7, 2020, the parent of one of the students offered John an alternate location in Haiku to run the school. The school was run there successfully for the week of Oct 12th, but then John had attorney Kai Lawrence send a 6-page letter threatening the Board and John re-opened the school at Lot 45 on Oct 19th.
Arguments AGAINST Homeschool Groups in Kuau Bayview
- The position of the Lot 45 Owners & their Property Manager: "...I will be doing periodic drive by inspections and if I ever find the school open I will be posting an eviction notice. FYI - I do not care if the HOA approves the school or not - we will never agree to a school being operated on that property - ever. ...One of the students parents it turns out is a very good friend of mine. I found this out last night. He is aware of the situation and has had a very strong talk with john this morning. In addition he has offered john a temporary location in haiku for the school available now. Hopefully john will take advantage of this and your community can return to the quiet peaceful neighborhood we all strive for. I hope that this will help settle the violations and we can put this to bed.
Buz Moffett Oct 7, 2020"
My name is Tom Atkins and I am presently the Secretary of the HOA Board of Directors, recently returned from the Mainland. I am expressing my personal opinion and reflections on the matter under discussion. I do not claim to express an opinion of the HOA in whole or part, and am not expressing the result of an official "action" taken by the BOD pursuant to the dictates of the HOA governing documents.
I am an advocate of education of children whether public or private. I am an advocate of keeping children safe, and I worked for my whole career as an officer in the United States Public Health Service dedicated to this goal, of good health for my patients, ranging in age from "headstart" program participants to that of the elderly. I am now retired but remain supportive of the same goal. Since my recent return to Maui, I have been able to evaluate the activity occurring at Lot 45. I find it unsettling. My main question is: "WHY WAS THIS PARTICULAR LOCATION CHOSEN by the entrepreneur for this start-up "enterprise?" The front of the lot is completely open to the street and the back of the lot has a mostly unprotected eight to ten foot drop directly onto Hana Highway. I can not think of a more dangerous location in the neighborhood. One of the well documented and main reasons that "homeschooling" has gained popularity recently is because it is a refuge of safety from the horrors associated with attendance at public schools... practically daily reports of shootings, stabbings, kidnapping, and like mayhem. In a properly structured "homeschool" environment, the children are not put on display merely a few feet from a public street, in an open unprotected garage, as can be observed on Lot 45. Although it may be thought of as effective "free advertising" for a budding start-up enterprise, with the stated goal of expanding to 16 student slots on the North Shore, it does not seem right to use a most precious treasure in this way... equivalent to taking other families' jewels and displaying them in your storefront window.
Where is the security? How long would it take a deranged individual to pull up in front of this residence and reek unimaginable havoc on the innocent, vulnerable young clients of this "enterprise?" The answer is seconds. Is anyone employed by this "enterprise" a trained security agent, and licensed to access a weapon in an emergency? It appears that the "enterprise" operates on a regular schedule, easily noted by a prospective mentally ill assailant. It is not 1955, but the year 2020, where unfortunately such horrors are not uncommon, and in such times, I feel that a responsible entrepreneur has a duty to include such potential risks in the business plan. Only two months ago a man hiding in the bushes attempted to snatch a young boy from PYCC and there have been kidnapping attempts reported in Kihei and on the Big Island. This is real.
I feel that any enterprise identifying itself or some variant of it as a "homeschool" should at the least locate the educational institute somewhere in which the homeschooled children, of other parents, are protected from public view by the exterior walls of a house, and where the children may safely play during the attendant recesses in the backyard or somewhere protected by secure fencing from access and public view.
Apparently, evidence to date shows that this is not a view shared by the tenant or the landlord of Lot 45. I, for one, would hope that they will come around to my point of view, by relocating, what I consider to be a mostly worthwhile start-up enterprise, to an appropriate location on the Northshore of Maui. There are many empty commercial buildings in Paia, Haiku, and Makawao begging for tenants, not to mention the homes of the parents of the actual students to be used on a rotating and variable schedule, a design I view as much more secure and appropriate for this unique business, which again, I for one, wish to see succeed, grow, and prosper... at an appropriate location. .........
- "it's a bummer for the neighboring homeowners. There is probably a reduction in value, and it is absolutely a disclosure item, but it is hard to determine an exact amount the value would be decreased. It is less than if there were a crystal methamphetamine dealer next door, but it still reduces value and most likely desirability..." - Local Realtor
- "If my child were attending the school, I would probably like it, but if it were operating on my street, I wouldn't like it, and if it were operating next door to me, I really really wouldn't like it."
- I have to back out of my driveway. I worry about running over kids. I am older now and I worry that I might not see a child playing.
- "It has come to my attention that a home school has popped up across the street from our house (at Jono and Carla's). I believe this is now a rented property. Please see a list of my concerns which I would like the HOA to respond to:
- Insurance. As owners of a home on N Laelua I would like proof of insurance and also any legal requirements for any home schooling. Forgive me as I am not familiar with the laws but I am sure they exist and would be more than happy to research.
- Kuau Bayview is a residential neighborhood. It is not a school zone. While I am all for progress I am strongly against the idea of a home school popping up in the street in which I have a vested interest.
- Increased traffic. Already too many cars parked on the street.
- Children playing / skateboarding in the street/road. Illegal and not to be tolerated under any circumstances for reasons of safety and peace and enjoyment of home.
- Increased noise in the neighborhood.
- Concern over house values decreasing when prospective buyers realize there is a school on the street. I for one would not have bought here had I known!
- It has come to my attention that the children were trespassing on property last week. I heard this from more than one person. Please note I would have called the police without hesitation had I been there. This is illegal and not to be tolerated.
- I am extremely concerned about the lack of communication from the HOA to owners in this. With the exception of Darlene, no one has asked our opinion or thoughts on the proposed school.
- We purchased our home a few years back and intend on returning in the future. We expect to come back to the beautiful and peaceful neighborhood we left. We do not expect to come back to a home school on our street. The only members of the board who have ever stood for the owners and taken care of matters in the neighborhood are Darlene and Tom.
- I would like a clear explanation from the president of the HOA as to why this home schooling is deemed such a great idea. What benefit do we as owners have from allowing tenants to use their rented home for this purpose? I have heard from multiple people of the distress it is causing. Makes me wonder who is benefiting from this school besides the tenants?"
- "We didn't have many concerns at the beginning, but as time has passed they have started to act much more brazen and irresponsible. We are concerned with the continued unsupervised play in the cul de sac. It seems like the cul de sac is a playground and not an actual street. There are lots of other kids on the street and we have never seen them playing unsupervised on the street like that. It feels dangerous pulling out of the driveway, having to worry about kids. Please let me know if you have any questions."
- "Our main concerns: The children skateboarding through the streets n sidewalks. They are very small & fast very hard to see @ this amount of them it's a safety issue. It would be a true horror if for some reason they were hit by the cars. They are still continuing with this.
The noise is a factor. We have always had kids here playing and being kids, but this is different with the amount of them @ the school.
About the school, is this what we want here where we live? What is next if we allow a business to be operated from a garage? a mechanic setting up in his garage and so on? We had a back yard mechanic here a few years back. it was terrible, broken cars all over the place etc.
We have no problem with home schooling, most of our friends & family do this. it's a good thing. But a school is a very different thing than only home schooling your own children. We hope this can be resolved. Thank You."
- "It's just really sad and upsetting. I didn't buy a house next to a school... a school moved in next to me. When people come to my house they say, 'Oh, you live next to a school??' not in a positive way."
- "There are no masks on the kids, the teacher, or the kids' parents. The garage does not have space enough to practice social distancing. No temperatures are being taken. People from outside are coming into our neighborhood twice a day. We can't possibly know who has been exposed to what. I'm in a high risk category. Makes me nervous is all."
- "Dear KBV HOA, We are writing in regard to the recent issues concerning Lot 45 on N Laelua Place. We are home owners who have lived on that street for over 20 years. We are aware of the problems that our new neighbors have created for the neighborhood and of the attempts by the KBV HOA Grievance Committee to rectify the situation. We are a couple who have differing opinions on this matter. One half of us considers the school a nuisance and the other half is not bothered by it at all. What we do agree on is the fact that Aaron Brothers, in her position as the Grievance Committee representative, worked very hard on behalf of all of us affected by the school's presence. Her concern was always about the well being of the N Laelua residents. She worked very hard on our behalf and we found her to be truthful, reliable, and informed. We understand how communication can be affected by differing perspectives and by processes within the community. We would ask you to consider all that Ms Brothers has done for our community over the years. We feel her participation on the KBV HOA Board as well as her hard work in many areas such as the front entrance, is a plus for our community and look forward to her continued involvement on the Board."
- Aug 27/20: Dear Aaron, Glad you had a chance to confirm the home school being run for up to 8 children is in full effect. 6 are the current enrollment as per our talk yesterday. Thank you for taking care of notifying Jono's tenants that the skateboarding /scootering/etc is disturbing the peace of neighbors which is a violation of our bylaws.
Running a business out a garage is an issue. Furthermore,I strongly believe the entire business (recess included) needs to be contained to inside the home, inside the garage, or in the backyard of the home where the business is being run. They have installed Air Conditioning so they can close the door.
The additional traffic for drop off and pick up is also an issue.
Having recess for 20 minutes every 40 minutes three days a week from 8-12:30 is their schedule and it is too much disturbance.
I strongly believe from what I understand of the bylaws that this business needs to be contained to their personal property not in front of neighboring homes and not on sidewalks, not in the streets, and most certainly not on front of neighbors' driveways. We shouldn't have to be looking for kids bombing down the sidewalks on wheels when we pull in and out of our homes.
I am glad you are giving them written notice and asking them to contain the business and recess to inside their property.
I am hopeful they can relocate the school to a non-residential neighborhood and/or move it to a home with more land. Rick Markham has a lot of space available as does a lot of downtown Paia. I know for commercial properties you don't need to have zoning to run a school. Renting a residential home and turning it into a school that makes noise and rolls all over the streets is not ok.
Kuau Bayview is not the location for a homeschooling school run out of a garage where children who are not relatives/related gather.
Additionally, during Covid it is likely a health code violation as you pointed out. No one is wearing masks from what I have seen and children are not staying 6 feet apart.
Thank you for addressing this matter and rectifying the bothersome situation that is violating the peace Of N. Laelua.
Sincerely, Anonymous neighbor/owner on N Laelua
- "i couldn't see where to add a comment. Although i am not directly affected by this 'school', it would bother me to have it across or near my home. Any home business that is negatively impacting others in the neighborhood should not be allowed."
- "This so-called school doesn't belong in our neighborhood. Please do everything that you can to get rid of it. I feel so sorry for the folks on Laelua Place."
- "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (KU'AU BAYVIEW AT PAIA)
10.(a) Use and Site Development Restrictions and Requirements.
(i) Land Use and Building Type. Each Lot shall be used only for single-family residential purposes, regardless of whether applicable zoning or other laws permit a more intensive or different use." [ sent by an owner ]
- "How is it that a renter would have more rights than a homeowner??.... Why the heck would you choose a Kuau Bayview home with a very small front and back yard and commence your work in a open garage with no COVID practices, with no air conditioning, and no parking, and no playground or containment for your customers (children) to be safe? How does this get to be a sound business practice with no affiliation or certification requirements and strict insurance policies like the rest of businesses? Why are the parents agreeing to such practices?
How is this not going to affect the community? It is very obvious to me the board is neglecting the impact a renter's business is having directly to N. Laelua Place and Hoe Street. Except for Darlene, who has been extremely helpful with our concerns and the well being of our Kuau Bayview community by trying to ask the renter to please conduct their business in a more professional manner i.e. in a professional setting away from Kuau Bayview.
Has there ever been a homeschooling business in Kuau Bayview before? If so, how was this handled? If not, then I am all for the HOA to add a rule and for home owners to vote on this issue. Can this be online voting?
Every comment made by home owners is valid and should be considered as such. I applaud everyone and Darlene, who have spoken up regarding the short term and long term effects of a homeschool business located in Kuau Bayview.
It is just too risky of a business and for the welfare of a child who does not live in this neighborhood that could potentially place themselves in a situation that could become very hazardous. I would never want to see a child hurt due to the fact they were playing with no supervision from their parent in a foreign neighborhood. I have witnessed this many times now and do not understand how lackadaisical this is being handled by this new homeschool business."
- "I am an owner at N. Laelua and see the increase in traffic on our cul-de-sac as being a negative direct consequence of the school. Furthermore, I share the concerns of other owners in wondering what the HOA legal consequences and liabilities are, and what will arise, when a person gets injured. Safety and the quiet enjoyment of our homes in beautiful Kuau Bayview must be a top priority in thinking about this issue. With the current slow down, there are numerous commercial zoned locations offered for lease, and this should be where this commercial operation is located. Please consider how you would feel if this invasion of noise and traffic was situated next to your house, or even existed on your street, and you will come to the same conclusion. Move the school to a commercially zoned property!!!"
- "I do not support the operation of a school for profit in our neighborhood for several reasons. First, as homeowners we agreed to the Kuau Bayview DCCRs which state that our homes are for residential use. It is clear that the business that calls themselves a "Homeschool" is violating this agreement and is a nuisance in the neighborhood causing excess traffic, noise, as well as safety concerns. Also, I am concerned for the safety of the students in this setting. A school has the responsibility to provide a safe learning environment, requires oversight and adequate facilities. Homeschool typically involves parents or a tutor providing one-on-one instruction. Due to the pandemic, gatherings of groups of persons who are not a family unit need to comply with State and County Proclamations. The Owners of the home on North Laelua Place need to ensure the home is rented for residential use only."
- "Dear Ms Brothers. I would like to express my sincere thanks to you, as you always keep all owners very well informed and take care of all the many things, even if they are unpleasant. My family and I are clearly against this kind of school here in Kuau Bayview being run in a rented house in the immediate neighborhood. Kuau Bayview has always been a very lovely, quiet, and safe neighborhood, and that's exactly how it should stay. I agree with all the arguments of the previous speakers (owners) against the operation of this school. In the interest of the school-children, the place where they are taught and educated should be carefully selected and cared for by public authorities, under all the conditions that are necessary, common, and worthy of the children today(!).
With kind regards, An anonymous owner"
- "My main concern is for the HOA and the owners who have lost their right to peaceful enjoyment of their homes through no fault of their own. If a child is injured, in addition to the property owner getting sued, the HOA could get sued by both the parent and the property owner for allowing the school to operate in a residential neighborhood against the DCCRs 10(a)(i). My sincere efforts to enforce the DCCRs were nullified by the Board President intervening at the last minute on behalf of the tenant against the owners. - HOA Manager"
- "Attention all owners! -- Even if you think the school doesn't affect you because you don't live in N Laelua Place, please consider this...
1 house with 6 students = 6 children (annoying)
6 houses with 6 students = 36 children (a real issue)
10 houses with 6 students = 60 children (a serious issue)
You see where I'm going with this! If we allow this school, it sets a precedent for everyone to be able to do the same. There are at least five rented properties in N Laelua. Imagine if they all did the same thing. The owners of KB need to picture those schools on their own street and act before it is too late!"
- "My concern is sanitation. If just one child has Covid, it could spread amongst the kids, the "school" staff, etc. One thing to remember is that it only takes (1), ONE person to restart the pandemic in our area and shut downs."
Arguments FOR Homeschool Groups in Kuau Bayview
- "As the future of schooling is very uncertain at this point, I'd like to keep my options open. What if the Governor dictates that children are not allowed to attend public school unless they have been vaccinated for Covid-19? I'd rather keep my child safe at home than allow him to be injected with an untested vaccine, so a homeschool group might be an option in the future."
19.67.010 - Purpose. — The purpose of this chapter is to establish procedures for the regulation of home businesses while preserving the character of the existing neighborhood in which they are operating.
B. A home business shall not generate traffic in greater volumes than would normally be expected in the neighborhood in which it is located.
E. No on-street parking of vehicles associated with the home business shall be permitted.
B.Home businesses proven to cause a nuisance as defined in section 19.67.015 may be subject to enforcement.
"Nuisance" means a home business use which results in material annoyance, inconvenience, or discomfort to the neighborhood or the public, including, but not limited to, offensive noise, vibration, smoke, odors, dust, heat, glare, and garbage.
10.52.150 - Use of coasters, roller skates and similar devices.
A. No person upon roller skates or riding coasters, toy vehicles, skateboards or similar devices shall go upon any roadway except while crossing such roadway within a crosswalk. When so crossing, such person shall be granted all of the rights and shall be subject to all the duties applicable to pedestrians.
Excerpts from Hawaii Association of REALTORS Standard RENTAL AGREEMENT Form:
B. TENANT'S RESPONSIBILITIES:
2. Compliance with Rules. TENANT agrees to comply with all rules that apply to the Unit and to TENANT'S use of the Unit including, but not limited to: (a) by-laws, house rules, and other rules; (b) any federal, state, and county laws; and (c) any covenants, conditions and restrictions.
4. Disturbances. TENANT will not disturb others, or keep them from enjoying their premises or any common facilities at any time. TENANT will not play loud music, or cause any loud or offensive sounds.
10. Residential Use Only. TENANT may use the Unit only for residential purposes.
C. LANDLORD'S REMEDIES:
2. Failure to Comply with this Rental Agreement. If TENANT fails to comply with any of the terms of this Rental Agreement, including damaging the Unit or violating any of the house rules, laws, or other restrictions, LANDLORD will give TENANT written notice of the violation. If the damage is not repaired or the violation is not corrected within the time specified (NOT LESS THAN TEN (10) DAYS) from receipt of such notice, LANDLORD may correct such damage or violation and charge the cost to TENANT and terminate this Rental Agreement. Notice is hereby given that TENANT is responsible for paying any fines, penalties, or other assessments charged by any government agency, homeowner's associations, and/or condominium association because of TENANT'S failure to comply with any of the terms of this Rental Agreement.