reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-55 - procedural safeguards

Current through June, 2024
General. Procedural safeguards identified. Students with
						disabilities and their parents shall be afforded the procedural safeguards,
						that meet the requirements of sections
						8-60-56 through
						8-60-81.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-56 - Opportunity to examine records; parent participation in meetings

Current through June, 2024
(a) Opportunity to examine records. The
					 parents of a student with a disability shall be afforded an opportunity to
					 inspect and review all education records with respect to:
(1) The identification, evaluation, and
					 educational placement of the student; and
(2) The provision of a FAPE to the
					 student.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-57 - Independent educational evaluation

Current through June, 2024
(a) General.
(1) The parents of a student with a
					 disability have the right to obtain an independent educational evaluation of
					 the student, subject to subsections (b) through (e).
(2) The department shall provide to parents,
					 upon request for an independent educational evaluation, information about where
					 an independent educational evaluation may be obtained, and the department
					 criteria applicable for independent educational evaluations as set forth in
					 subsection (e).
(3) For the
					 purposes of this chapter:
(A) Independent
					 educational evaluation means an evaluation conducted by a qualified examiner
					 who is not employed by the department; and
(B) Public expense means that the department
					 either pays for the full cost of the evaluation or ensures that the evaluation
					 is otherwise provided at no cost to the parent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-58 - Prior notice by the department; content of notice

Current through June, 2024
(a) Notice.
					 Written notice that meets the requirements of subsection (b) shall be given to
					 the parents of a student with a disability a reasonable time before the
					 department:
(1) Proposes to initiate or change
					 the identification, evaluation, or educational placement of the student or the
					 provision of a FAPE to the student; or
(2) Refuses to initiate or change the
					 identification, evaluation, or educational placement of the student or the
					 provision of a FAPE to the student.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-59 - Procedural safeguards notice

Current through June, 2024
(a) General. A copy
					 of the procedural safeguards available to the parents of a student with a
					 disability shall be given to the parents only one time a school year, except
					 that a copy also shall be given to the parents:
(1) Upon initial referral or parent request
					 for evaluation;
(2) Upon receipt of
					 the first State complaint under sections 8-60-52 through 8-60-54 and upon
					 receipt of the first due process complaint under section 8-60-61 in a school
					 year;
(3) In accordance with the
					 discipline procedures in section 8-60-75(h); and
(4) Upon request by a parent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-60 - Mediation

Current through June, 2024
(a) General. The department shall offer
					 mediation to allow parties to disputes involving any matter, including matters
					 arising prior to the filing of a due process complaint, to resolve disputes
					 through a mediation process.
(b)
					 Requirements. The department shall ensure the mediation process:
(1) Is voluntary on the part of the
					 parties;
(2) Is not used to deny or
					 delay a parent's right to a hearing on the parent's due process complaint, or
					 to deny any other rights afforded under Part B of the Act; and
(3) Is conducted by a qualified and impartial
					 mediator who is trained in effective mediation techniques, and
(4) The State shall bear the cost of the
					 mediation process, including the costs of meetings
(5) Each session in the mediation process
					 shall be scheduled in a timely manner and shall be held in a location that is
					 convenient to the parties to the dispute.
(6) If the parties resolve a dispute through
					 the mediation process, the parties shall execute a legally binding agreement
					 that sets forth that resolution and that:
(A)
					 States that all discussions that occurred during the mediation process will
					 remain confidential and may not be used as evidence in any subsequent due
					 process hearing or civil proceeding; and
(B) Is signed by both the parent and a
					 representative of the department who has the authority to bind the
					 department.
(7) A
					 written, signed mediation agreement under this paragraph is enforceable in any
					 State court of competent jurisdiction or in a district court of the United
					 States.
(8) Discussions that occur
					 during the mediation process shall be confidential and may not be used as
					 evidence in any subsequent due process hearing or civil proceeding of any
					 Federal court or State court of a State receiving assistance.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-61 - Filing a due process complaint

Current through June, 2024
(a) General.
(1) A parent or the department may file a due
					 process complaint on any of the matters described in sections 8-60-58(a)(1) and
					 (2) (relating to the identification, evaluation or educational placement of a
					 student with a disability, or the provision of a FAPE to the
					 student).
(2) The due process
					 complaint shall allege a violation that occurred not more than two years before
					 the date the parent or department knew or should have known about the alleged
					 action that forms the basis of the due process complaint, or, within the
					 timeframe specified in state statute for a unilateral special education
					 placement, where the request is for reimbursement of the costs of the
					 placement, including special education and related services. The unilateral
					 special education placement timeframe begins on the student's first day of
					 attendance.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-62 - Due process complaint

Current through June, 2024
(a) General.
(1) The department shall have procedures that
					 require either party, or the attorney representing a party, to provide to the
					 other party a due process complaint (which shall remain
					 confidential).
(2) The party filing
					 a due process complaint shall submit a copy of the due process complaint to the
					 department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-63 - Model forms

Current through June, 2024
(a) The department shall provide a model form
					 to assist parents and public schools in filing a due process complaint in
					 accordance with sections 8-60-61(a) and 8-60-62(a) through (c) and to assist
					 parents and other parties in filing a State complaint under sections 8-60-52
					 through 8-60-54. However, the department may not require the use of the model
					 forms.
(b) Parents, public schools,
					 and other parties may use the appropriate model form described in subsection
					 (a), or another form or other document, so long as the form or document that is
					 used meets, as appropriate, the content requirements in section 8-60-62(b) for
					 filing a due process complaint, or the requirements in section 8-60-54(b) for
					 filing a State complaint.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-64 - Resolution process

Current through June, 2024
(a) Resolution
					 meeting.
(1) Within 15 days of receiving
					 notice of the parent's due process complaint, and prior to the initiation of a
					 due process hearing under section 8-60-65, the department shall convene a
					 meeting with the parent and the relevant member or members of the IEP team who
					 have specific knowledge of the facts identified in the due process complaint
					 that:
(A) Includes a representative of the
					 department who has decision-making authority on behalf of the department;
					 and
(B) May not include an attorney
					 of the department unless the parent is accompanied by an attorney.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-65 - Impartial due process hearing

Current through June, 2024
(a) General.
					 Whenever a due process complaint is received under section 8-60-61 or section
					 8-60-77, the parents or the department involved in the dispute shall have an
					 opportunity for an impartial due process hearing, consistent with the
					 procedures in sections 8-60-61, 8-60-62, and 8-60-64.
(b) The hearing described in subsection (a)
					 shall be conducted by the department.
(c) Impartial hearing officer.
(1) At a minimum, a hearing officer:
(A) Shall not be:
(i) An employee of the department that is
					 involved in the education or care of the student; or
(ii) A person having a personal or
					 professional interest that conflicts with the person's objectivity in the
					 hearing;
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-66 - Hearing rights

Current through June, 2024
(a) General. Any
					 party to a hearing conducted pursuant to sections 8-60-61 through 8-60-67 or
					 sections 8-60-75 through 8-60-79, or an appeal conducted pursuant to section
					 8-60-68, has the right to:
(1) Be accompanied
					 and advised by counsel and by individuals with special knowledge or training
					 with respect to the problems of students with disabilities;
(2) Present evidence and confront,
					 cross-examine, and compel the attendance of witnesses;
(A) The party initiating the due process
					 complaint has the burden of proof.
(B) The burden of proof is the responsibility
					 of the party initiating and seeking relief in an administrative hearing under
					 the IDEA or this chapter is to prove, by a preponderance of the evidence, the
					 allegations of the complaint.
(3) Prohibit the introduction of any evidence
					 at the hearing that has not been disclosed to that party at least five business
					 days before the hearing;
(4) Obtain
					 a written, or, at the option of the parents, electronic, verbatim record of the
					 hearing; and
(5) Obtain written,
					 or, at the option of the parents, electronic findings of fact and
					 decisions.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-67 - Hearing decisions

Current through June, 2024
(a) Decision of
					 hearing officer on the provision of a FAPE.
(1) Subject to paragraph (2), a hearing
					 officer's determination of whether a student received a FAPE shall be based on
					 substantive grounds.
(2) In matters
					 alleging a procedural violation, a hearing officer may find that a student did
					 not receive a FAPE only if the procedural inadequacies:
(A) Impeded the student's right to a
					 FAPE;
(B) Significantly impeded the
					 parent's opportunity to participate in the decision-making process regarding
					 the provision of a FAPE to the parent's student; or
(C) Caused a deprivation of educational
					 benefit.
(3) Nothing in
					 subsection (a) shall be construed to preclude a hearing officer from ordering
					 the department to comply with procedural requirements under sections 8-60-56
					 through 8-60-81.
(4) Following the
					 placement of a student in a private school, for continued placement, the
					 private school cannot be deemed an appropriate placement by the hearing officer
					 unless the private school allows the department to exercise its responsibility
					 to ensure the provision of a FAPE under sections 8-60-29 and 30.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-68 - Finality of decision; appeal

Current through June, 2024
A decision made in a hearing conducted pursuant to
						sections 8-60-61 through
						8-60-67 or sections
						8-60-75 through
						8-60-79 is final, except that any
						party involved in the hearing may appeal the decision under the provisions of
						section 8-60-70.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-69 - Timelines and convenience of hearings and reviews

Current through June, 2024
(a) The
					 department shall ensure that not later than 45 days after the expiration of the
					 30 day period under section 8-60-64(b), or the adjusted time periods described
					 in section 8-60-64(c):
(1) A final decision
					 is reached in the hearing; and
(2)
					 A copy of the decision is mailed to each of the parties.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-70 - Civil action

Current through June, 2024
(a) General. Any
					 party aggrieved by the findings and decision made under sections 8-60-61
					 through 8-60-67 or sections 8-60-75 through 8-60-79 has the right to bring a
					 civil action with respect to the due process complaint notice requesting a due
					 process hearing under section 8-60-61 or sections 8-60-75 through 8-60-77. The
					 action may be brought in any State court of competent jurisdiction or in a
					 district court of the United States without regard to the amount in
					 controversy.
(b) Time limitation.
					 The party bringing the action shall have 30 days from the date of the decision
					 of the hearing officer to file a civil action, or, in the time allowed by State
					 law.
(c) Additional requirements.
					 In any action brought under subsection (a), the court:
(1) Receives the records of the
					 administrative proceedings;
(2)
					 Hears additional evidence at the request of a party; and
(3) Basing its decision on the preponderance
					 of the evidence, grants the relief that the court determines to be
					 appropriate.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-71 - Attorneys' fees

Current through June, 2024
(a) In general. In any action or proceeding
					 brought under section 615 of the Act, the court, in its discretion, may award
					 reasonable attorneys' fees as part of the costs to:
(1) The prevailing party who is the parent of
					 a student with a disability;
(2) To
					 a prevailing party who is the department against the attorney of a parent who
					 files a complaint or subsequent cause of action that is frivolous,
					 unreasonable, or without foundation, or against the attorney of a parent who
					 continued to litigate after the litigation clearly became frivolous,
					 unreasonable, or without foundation; or
(3) To the department prevailing against the
					 attorney of a parent, or against the parent, if the parent's request for a due
					 process hearing or subsequent cause of action was presented for any improper
					 purpose, such as to harass, to cause unnecessary delay, or to needlessly
					 increase the cost of litigation.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-72 - Student's status during proceedings

Current through June, 2024
(a) Except as
					 provided in section 8-60-78, during the pendency of any administrative or
					 judicial proceeding regarding a due process complaint notice requesting a due
					 process hearing under section 8-60-61, unless the department and the parents of
					 the student agree otherwise, the student involved in the complaint shall remain
					 in his or her current educational placement.
(b) If the complaint involves an application
					 for initial admission to public school, the student, with the consent of the
					 parents, shall be placed in the public school until the completion of all the
					 proceedings.
(c) If the complaint
					 involves an application for initial services from a student who is
					 transitioning from Part C of the Act to Part B and is no longer eligible for
					 Part C services because the student has turned three, the department is not
					 required to provide the Part C services that the student had been receiving. If
					 the student is found eligible for special education and related services under
					 Part B and the parent consents to the initial provision of special education
					 and related services under section 8-60-31(b), then the department shall
					 provide those special education and related services that are not in dispute
					 between the parent and the department.
(d) If the hearing officer in a due process
					 hearing conducted by the department agrees with the student's parents that a
					 change of placement is appropriate, that placement shall be treated as an
					 agreement between the State and the parents for purposes of subsection
					 (a).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-73 - Surrogate parents

Current through June, 2024
(a) General. The
					 department shall ensure that the rights of a student are protected when:
(1) No parent (as defined in section 8-60-2
					 can be identified;
(2) The
					 department, after reasonable efforts, cannot locate a parent;
(3) The student is a ward of the State under
					 the laws of that State; or
(4) The
					 student is an unaccompanied homeless youth as defined in section 725(6) of the
					 McKinney-Vento Homeless Assistance Act (
					 42
					 U.S.C. 11434a(6)
					 ).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 8 - PROCEDURAL SAFEGUARDS › Section 8-60-74 - Transfer of parental rights at age of majority

Current through June, 2024
General. A State may provide that, when a student with a
						disability reaches the age of majority under State law that applies to all
						students (except for a student with a disability who has been determined to be
						incompetent under State law):
(a)
(1) The department shall provide any notice
					 required by this chapter to both the student and the parents; and
(2) All rights accorded to parents under Part
					 B of the Act transfer to the student;
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 9 - DISCIPLINE PROCEDURES › Section 8-60-75 - Authority of school personnel

Current through June, 2024
(a) Case-by-case
					 determination. School personnel may consider any unique circumstances on a
					 case-by-case basis when determining whether a change in placement, consistent
					 with the other requirements of this subchapter, is appropriate for a student
					 with a disability who violates chapter
					 8-19.
(b) General.
(1) School personnel under this subchapter
					 may remove a student with a disability who violates school rules from the
					 student's current placement to an appropriate interim alternative educational
					 setting, another setting, or suspension for not more than 10 cumulative school
					 days (to the extent those alternatives are applied to students without
					 disabilities) in that same school year for one or separate incidents of
					 misconduct;
(2) After a student
					 with a disability has been removed from the student's current placement for ten
					 school days in the same school year, during any subsequent days of removal the
					 department shall provide services to the extent required under subsection
					 (d);
(3) "Current educational
					 placement" means the type of educational placement of the student as described
					 in the student's annual IEP. It does not mean the specific location or school,
					 but the type of placement on the continuum of placement options (e.g., regular
					 classroom with support; regular classroom with resource room support; special
					 class; special school; home, etc.).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 9 - DISCIPLINE PROCEDURES › Section 8-60-76 - Determination of setting

Current through June, 2024
The student's IEP team determines the interim alternative
						educational setting for services under section
						8-60-75(c), (d)(4), and
						(g).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 9 - DISCIPLINE PROCEDURES › Section 8-60-77 - Appeal

Current through June, 2024
(a) General. The parent of a student with a
					 disability who disagrees with any decision regarding placement under sections
					 8-60-75 and 8-60-76, or the manifestation determination under section
					 8-60-75(e), or the department believes that maintaining the current placement
					 of the student is substantially likely to result in injury to the student or
					 others, may appeal the decision by requesting a hearing. The hearing is
					 requested by filing a complaint pursuant to sections 8-60-61 and 8-60-62(a) and
					 (b).
(b) Authority of hearing
					 officer.
(1) A hearing officer under section
					 8-60-65 hears, and makes a determination regarding an appeal under subsection
					 (a).
(2) In making the
					 determination under paragraph (1), the hearing officer may:
(A) Return the student with a disability to
					 the placement from which the student was removed if the hearing officer
					 determines that the removal was a violation of section 8-60-75 or that the
					 student's behavior was a manifestation of the student's disability;
					 or
(B) Order a change of placement
					 of the student with a disability to an appropriate interim alternative
					 educational setting for not more than forty-five school days if the hearing
					 officer determines that maintaining the current placement of the student is
					 substantially likely to result in injury to the student or to others.
(3) The procedures under
					 subsection (a) and paragraphs (1) and (2) may be repeated, if the department
					 believes that returning the student to the original placement is substantially
					 likely to result in injury to the student or to others.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 9 - DISCIPLINE PROCEDURES › Section 8-60-78 - Placement during appeals

Current through June, 2024
When an appeal under section
						8-60-77 has been made by either the
						parent or the department, the student shall remain in the interim alternative
						educational setting pending the decision of the hearing officer or until the
						expiration of the time period specified in section
						8-60-75(c) or (g),
						whichever occurs first, unless the parent and the department agree
						otherwise.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 9 - DISCIPLINE PROCEDURES › Section 8-60-79 - Protections for students not determined eligible for special education and related services

Current through June, 2024
(a) General. A
					 student who has not been determined to be eligible for special education and
					 related services and who has engaged in behavior that violated chapter
					 8-19,
					 may assert any of the protections provided for in this chapter if the
					 department had knowledge (as determined in accordance with subsection (b)) that
					 the student was a student with a disability before the behavior that
					 precipitated the disciplinary action occurred.
(b) Basis of knowledge. The department shall
					 be deemed to have knowledge that a student is a student with a disability if
					 before the behavior that precipitated the disciplinary action occurred:
(1) The parent of the student expressed
					 concern in writing to supervisory or administrative personnel of the
					 department, or a teacher of the student, that the student is in need of special
					 education and related services;
(2)
					 The parent of the student requested an evaluation of the student pursuant to
					 sections 8-60-31 through 8-60-43; or
(3) The teacher of the student, or other
					 personnel of the department, expressed specific concerns about a pattern of
					 behavior demonstrated by the student directly to the director of special
					 education or to other supervisory personnel of the department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 9 - DISCIPLINE PROCEDURES › Section 8-60-80 - Referral to and action by law enforcement and judicial authorities

Current through June, 2024
(a) Rule of construction. Nothing in this
					 chapter prohibits the department from reporting a crime committed by a student
					 with a disability to appropriate authorities or prevents state law enforcement
					 and judicial authorities from exercising their responsibilities with regard to
					 the application of federal and state law to crimes committed by a student with
					 a disability.
(b) Transmittal of
					 records.
(1) When reporting a crime committed
					 by a student with a disability, the department shall ensure that copies of the
					 special education and disciplinary records of the student are transmitted for
					 consideration by the appropriate authorities to whom the department reports the
					 crime.
(2) The department may
					 transmit copies of the student's special education and disciplinary records
					 only to the extent that the transmission is permitted by the Family Educational
					 Rights and Privacy Act (
					 20 U.S.C.
					 1232g ).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 9 - DISCIPLINE PROCEDURES › Section 8-60-81 - Change of placement because of disciplinary removals

Current through June, 2024
For purposes of removals of a student with a disability
						from the student's current educational placement under sections
						8-60-75 through
						8-60-80, a change of placement
						occurs if the removal is for more than ten cumulative school days in the same
						school year, unless the basis for a crisis removal exists in accordance with
						sections 8-60-75(d)(5) and
						8-60-75(g)(2).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 60 - PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WITH A DISABILITY › Subchapter 10 - CONFIDENTIALITY OF INFORMATION › Section 8-60-84 - Applicability

Current through June, 2024
All of the provisions of the Hawaii administrative rule
						relating to the Protection of Educational Rights and Privacy of Students and
						Parents, the Individuals with Disabilities Education Act, and the Family
						Educational Rights and Privacy Act (
						20 U.S.C. section
						1400 et seq.;
						34 C.F.R. sections
						300.610 - 627, 20 U.S.C. 1232g)) shall also
						apply.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 1 - GENERAL PROVISIONS › Section 8-61-1 - Purpose

Current through June, 2024
(a) As a matter of commitment, policy, and
					 compliance with federal and state laws, the department assures that it will
					 provide an equal educational opportunity to all students with a disability in
					 its jurisdiction, regardless of the nature and severity of the
					 disabilities.
(b) Provisions of
					 this chapter shall be construed as supplemental to, and in the context of,
					 Section 504 of the Rehabilitation Act of 1973, as amended (
					 29
					 U.S.C. §§705,
					 794;
					 34 C.F.R. Part 104 ) and the Americans with Disabilities Act (
					 42 U.S.C. sections
					 12101 et seq.; 28 C.F.R. Part 35 ) and
					 longstanding interpretations of Section 504 issued by the United States
					 Department of Education.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 1 - GENERAL PROVISIONS › Section 8-61-2 - Definitions

Current through June, 2024
As used in this chapter:
"Department" means the state department of
						education.
"Manifestation Determination" means a process triggered
						by a decision to change the placement of a student with a disability because of
						a violation of a code of student conduct to determine:
(1) if the conduct in question was caused by, or had a
						direct and substantial relationship to the student's disability, or
(2) if the conduct in question was the direct result of a
						failure to implement the 504 Plan.
"Parent" means:
(1) A natural or adoptive parent of a student with a
						disability;
(2) A guardian appointed by the court but not the State
						if the student is a ward of the State; or
(3) A surrogate parent who has been appointed in
						accordance with section
						8-61-12.
"Section 504" is in reference to Section 504 of the
						Rehabilitation Act of 1973, as amended (
						29
						U.S.C. §§705,
						794;
						34 C.F.R. Part 104 ).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 2 - EVALUATION AND REEVALUATION › Section 8-61-3 - General evaluation requirement

Current through June, 2024
(a) The department
					 shall conduct an evaluation of any student who, because of disability, needs or
					 is believed to need services under this chapter before taking any action with
					 respect to the initial placement of the student.
(b) The department shall establish
					 implementation guidelines for the evaluation of students who may qualify for
					 services under this chapter. An evaluation may consist of the review of
					 existing evaluation data, when no additional data are necessary.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 2 - EVALUATION AND REEVALUATION › Section 8-61-4 - Reevaluation

Current through June, 2024
A student with a disability shall be reevaluated
						periodically in accordance with the implementation guidelines, section
						8-61-5 and
						34 C.F.R. section
						104.35, including before a significant change
						in placement.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 3 - PROCEDURAL SAFEGUARDS › Section 8-61-5 - General responsibility

Current through June, 2024
The department shall provide each student with a
						disability and the student's parent with procedural
						safeguards.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 3 - PROCEDURAL SAFEGUARDS › Section 8-61-6 - Procedural safeguards

Current through June, 2024
(a) The department
					 shall establish and implement a system of procedural safeguards that includes:
(1) Notice of the department's duty under
					 section 504 of the Rehabilitation Act of 1973, as amended;
(2) An opportunity for the parents to examine
					 relevant records;
(3) An impartial
					 hearing in accordance with chapter
					 91-9,
					 Hawaii Revised Statutes; and
(4) A
					 review procedure.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 3 - PROCEDURAL SAFEGUARDS › Section 8-61-7 - Parental consent

Current through June, 2024
(a) Parental
					 consent shall be obtained before:
(1)
					 Conducting an initial evaluation involving individually administered
					 assessments pursuant to section 8-61-5; and
(2) The initial provision of special
					 education, within the meaning of Section 504, or related services to a student
					 with a disability.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 3 - PROCEDURAL SAFEGUARDS › Section 8-61-8 - Alternative dispute resolution

Current through June, 2024
The department and students with a disability and their
						parents are encouraged to seek resolution of disputes under this chapter
						through alternative dispute resolution, including mediation. Alternative
						dispute resolution is intended to be an informal process conducted in a
						non-adversarial atmosphere to resolve issues relating to the identification,
						evaluation, or educational placement of a student with a disability or the
						provision of a free appropriate public education to the
						student.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 3 - PROCEDURAL SAFEGUARDS › Section 8-61-9 - Impartial due process hearing

Current through June, 2024
(a) Within the time
					 specified in state law, a parent may initiate an impartial hearing regarding
					 the department's proposal or refusal to initiate or change the identification,
					 evaluation, or educational placement of a student with a disability, or the
					 provision of a free appropriate public education to the student.
(b) All requests for an impartial due process
					 hearing shall be filed in writing with the complex area superintendent of the
					 student's complex of enrollment.
(c) Upon receipt of a request for a due
					 process hearing, the department shall:
(1)
					 Notify the parties of the receipt of the contact information for the impartial
					 hearing officer;
(2) Inform the
					 parent of the availability of alternative dispute resolution, including
					 mediation; and
(3) Inform the
					 parent of the availability of an interpreter, if requested.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 3 - PROCEDURAL SAFEGUARDS › Section 8-61-10 - Pre-hearing and hearing

Current through June, 2024
(a) The hearing
					 officer shall conduct a pre-hearing conference. The pre-hearing conference
					 shall include the identification of the precise issues to be heard under
					 section 8-61-9, the time and location of the hearing, and the date by which the
					 decision will be rendered and mailed.
(b) Hearings will be conducted in accordance
					 with chapter
					 91, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 3 - PROCEDURAL SAFEGUARDS › Section 8-61-11 - Civil action

Current through June, 2024
A decision made in a hearing conducted pursuant to
						section 8-61-9 or
						8-61-16 is final, except that any
						party aggrieved by the decision has the right to bring a civil action in a
						court of competent jurisdiction within thirty days of the receipt of the
						decision.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 3 - PROCEDURAL SAFEGUARDS › Section 8-61-12 - Surrogate parent

Current through June, 2024
(a) The department
					 shall ensure the assignment of an individual to act as a surrogate parent for a
					 student with a disability, when necessary.
(b) The individual assigned to act as a
					 surrogate parent shall not be an employee of the department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 4 - DISCIPLINE › Section 8-61-13 - General requirements

Current through June, 2024
(a) No student with
					 a disability shall be discriminated against on the basis of disability in the
					 determination of prohibited conduct and disciplinary action, including all
					 standards and procedures under the Hawaii administrative rules governing
					 student discipline.
(b)
					 Disciplinary action that results in the suspension, including crisis removal,
					 or other removal of a student with a disability from the student's current
					 educational placement for ten consecutive or cumulative school days or fewer
					 shall not be considered a change in placement and shall be in accordance with
					 the Hawaii administrative rules governing student discipline.
(c) Disciplinary action that results in the
					 suspension, including crisis removal, or other removal of a student with a
					 disability from the student's current educational placement for more than ten
					 consecutive or cumulative school days in a given school year shall be
					 considered a change in placement and shall be in accordance with the provisions
					 of this subchapter. (
					 29
					 U.S.C. §§705,
					 794;
					 34 C.F.R. Part 104 ).
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 4 - DISCIPLINE › Section 8-61-14 - Preliminary disciplinary procedures

Current through June, 2024
(a) When a
					 disciplinary removal of a student with a disability results in a significant
					 change of placement, the department shall:
(1)
					 Conduct a reevaluation in accordance with section 8-61-4;
(2) Convene the relevant members of the
					 Section 504 team, including the parent, to review all relevant information in
					 the student's file and any relevant information provided by the parent to
					 determine:
(A) If the conduct in question was
					 caused by, or had a direct and substantial relationship to, the student's
					 disability; or
(B) If the conduct
					 in question was the direct result of the department's failure to implement the
					 Section 504 plan; and
(3) Provide the parent of the student with a
					 disability a notice of the department's manifestation determination and the
					 right to request a due process hearing in accordance with section
					 8-61-16.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 4 - DISCIPLINE › Section 8-61-15 - Special circumstances

Current through June, 2024
Notwithstanding section
						8-61-14, if the disciplinary action
						pertains to the use or possession of illegal drugs or alcohol, and the student
						with a disability is currently engaging in the illegal use of drugs or alcohol,
						the disciplinary action may be taken to the same extent that disciplinary
						action is taken against students without a disability pursuant to the Hawaii
						administrative rules governing student discipline. The procedural safeguards
						set forth in subchapter 3 and section
						8-61-14 shall not apply to the
						disciplinary action; except that students with a disability who are also
						eligible as students with a disability in accordance with Hawaii administrative
						rules for students with disabilities shall be afforded all of the procedural
						safeguards under those rules.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 4 - DISCIPLINE › Section 8-61-16 - Impartial due process hearing

Current through June, 2024
The parent of a student with a disability who disagrees
						with the manifestation determination under section
						8-61-14 may request a hearing in
						accordance with section
						8-61-8.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 61 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subchapter 4 - DISCIPLINE › Section 8-61-17 - Alternate educational activities

Current through June, 2024
During periods of suspension exceeding ten school days or
						dismissal in a school year, a student with a disability shall be provided
						alternate educational activities in accordance with the Hawaii administrative
						rules governing student discipline.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 1 - GENERAL APPLICABILITY › Section 8-62-1 - Purpose

Current through June, 2024
The rules in this chapter govern practice and procedure
						before the department of education merit appeals board under the civil service
						and compensation laws, chapter
						76, Hawaii Revised Statutes, as
						provided for under chapters
						91 and
						92, Hawaii Revised
						Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 1 - GENERAL APPLICABILITY › Section 8-62-3 - Construction of rules

Current through June, 2024
The rules shall be liberally construed to secure the just
						and speedy determination of every proceeding.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 1 - GENERAL APPLICABILITY › Section 8-62-4 - Limitation of jurisdiction

Current through June, 2024
(a) Where the terms
					 of collective bargaining agreements pursuant to chapter
					 89, Hawaii Revised Statutes, conflict
					 with these rules, the terms of the agreements shall prevail; provided that the
					 terms are not inconsistent with section
					 89-9(d),
					 Hawaii Revised Statutes.
(b) The
					 board shall defer action on an appeal if there is controversy on whether the
					 matter is within its jurisdiction or that of the Hawaii labor relations board.
					 The Hawaii labor relations board shall determine which of these boards has
					 jurisdiction in the appeal.
(c) The
					 board shall not act on an appeal if the action complained of constitutes a
					 prohibited act that is subject to the jurisdiction of another appellate body or
					 administrative agency or the grievance procedure under a collective bargaining
					 agreement.
(d) All internal
					 complaint procedures, including administrative reviews and complaint
					 procedures, must be exhausted before an appeal may be accepted by the
					 board.