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 2 - FAPE REQUIREMENTS › Section 8-60-10 - Child find and referral

Current through June, 2024
(a) General. The
					 department shall annually identify, locate, and evaluate, all students with
					 disabilities residing in the State, including students with disabilities who
					 are homeless students or are wards of the State, and students with disabilities
					 attending private schools, regardless of the severity of their disability, and
					 who are in need of special education and related services.
(b) Other students in child find. Child find
					 also shall include:
(1) Students who are
					 suspected of being a student with a disability as defined in section 8-60-2 and
					 in need of special education, even though they are advancing from grade to
					 grade; and
(2) Highly mobile
					 students, including migrant students.
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 2 - FAPE REQUIREMENTS › Section 8-60-11 - Routine checking of hearing aids and external components of surgically implanted medical devices

Current through June, 2024
(a) Hearing aids.
					 Each public school shall ensure that hearing aids worn in school by students
					 who are hard of hearing, including deaf, are functioning properly.
(b) External components of surgically
					 implanted medical devices.
(1) Subject to
					 paragraph (2), the department shall ensure that the external components of
					 surgically implanted medical devices are functioning properly.
(2) For a student with a surgically implanted
					 medical device who is receiving special education and related services, the
					 department is not responsible for the post-surgical maintenance, programming,
					 or replacement of the medical device that has been surgically implanted (or of
					 an external component of the surgically implanted medical device).
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 2 - FAPE REQUIREMENTS › Section 8-60-12 - Transition of students from the Part C program to preschool programs

Current through June, 2024
The State shall ensure that:
(1) Students participating in early
					 intervention programs assisted under Part C of the Act, and who will
					 participate in preschool programs assisted under Part B of the Act, experience
					 a smooth and effective transition to those preschool programs in a manner
					 consistent with section 637(a)(9) of the Act;
(2) By the third birthday of a student
					 described in paragraph (1), an IEP, or if consistent with section 8-60-47(b),
					 an IFSP has been developed and is being implemented for the student;
					 and
(3) Each affected district will
					 participate in transition planning conferences arranged by the designated lead
					 agency under section 635(a)(10) of the Act.
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 2 - FAPE REQUIREMENTS › Section 8-60-13 - Students with disabilities who are covered by public benefits or insurance

Current through June, 2024
(a) Students with disabilities who are
					 covered by public benefits or insurance.
(1)
					 The department may use the medicaid or other public benefits or insurance
					 programs in which a student participates to provide or pay for services
					 required, as permitted under the public benefits or insurance program, except
					 as provided in paragraph (2).
(2)
					 With regard to services required to provide a FAPE to an eligible student, the
					 department:
(A) May not require parents to
					 sign up for or enroll in public benefits or insurance programs in order for
					 their student to receive a FAPE under Part B of the Act;
(B) May not require parents to incur an
					 out-of-pocket expense such as the payment of a deductible or co-pay amount
					 incurred in filing a claim for services provided pursuant to this chapter, but
					 the department may pay the cost that the parents otherwise would be required to
					 pay;
(C) May not use a student's
					 benefits under a public benefits or insurance program if that use would:
(i) Decrease available lifetime coverage or
					 any other insured benefit;
(ii)
					 Result in the family paying for services that would otherwise be covered by the
					 public benefits or insurance program and that are required for the student
					 outside of the time the student is in school;
(iii) Increase premiums or lead to the
					 discontinuation of benefits or insurance; or
(iv) Risk loss of eligibility for home and
					 community-based waivers, based on aggregate health-related expenditures;
					 and
(D)
(i) Shall obtain parental consent, consistent
					 with section 8-60-2, each time that access to public benefits or insurance is
					 sought; and
(ii) Notify parents
					 that the parents' refusal to allow access to their public benefits or insurance
					 does not relieve the department of its responsibility to ensure that all
					 required services are provided at no cost to the parents.
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 2 - FAPE REQUIREMENTS › Section 8-60-14 - Prohibition on mandatory medication

Current through June, 2024
(a) General. The
					 department prohibits state personnel from requiring parents to obtain a
					 prescription for substances identified under schedules I, II, III, IV, or V in
					 section 202(c) of the Controlled Substances Act (
					 21 U.S.C.
					 812(c) ) for a student as a
					 condition of attending school, receiving an evaluation under sections 8-60-31
					 through 8-60-43, or receiving services.
(b) Rule of construction. Nothing in
					 subsection (a) shall be construed to create a federal prohibition against
					 teachers and other school personnel consulting or sharing classroom-based
					 observations with parents or guardians regarding a student's academic and
					 functional performance, or behavior in the classroom or school, or regarding
					 the need for evaluation for special education or related services under section
					 8-60-10.
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 3 - LEAST RESTRICTIVE ENVIRONMENT › Section 8-60-15 - Least restrictive environment requirements

Current through June, 2024
The department shall ensure that:
(1) To the maximum extent appropriate,
					 students with disabilities, including students in public or private
					 institutions or other care facilities, are educated with students who are
					 nondisabled; and
(2) Special
					 classes, separate schooling, or other removal of students with disabilities
					 from the regular educational environment occurs only if the nature or severity
					 of the disability is such that education in regular classes with the use of
					 supplementary aids and services cannot be achieved satisfactorily.
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 3 - LEAST RESTRICTIVE ENVIRONMENT › Section 8-60-16 - Continuum of alternative placements

Current through June, 2024
(a) The department
					 shall ensure that a continuum of alternative placements is available to meet
					 the needs of students with disabilities for special education and related
					 services.
(b) The continuum
					 required in subsection (a) shall:
(1) Include
					 the alternative placements listed in the definition of special education under
					 section 8-60-2 (instruction in regular classes, special classes, special
					 schools, home instruction, and instruction in hospitals and institutions);
					 and
(2) Make provision for
					 supplementary services (such as resource room or itinerant instruction) to be
					 provided in conjunction with regular class placement.
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 3 - LEAST RESTRICTIVE ENVIRONMENT › Section 8-60-17 - Placements

Current through June, 2024
In determining the educational placement of a student
						with a disability, including a preschool student with a disability, the
						department shall ensure that:
(1) The
					 placement decision:
(A) Is made by a group of
					 persons, including the parents, and other persons knowledgeable about the
					 student, the meaning of the evaluation data, and the placement options;
					 and
(B) Is made in conformity with
					 the LRE provisions of this subchapter, including sections 8-60-15 through
					 8-60-18;
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 3 - LEAST RESTRICTIVE ENVIRONMENT › Section 8-60-18 - Nonacademic settings

Current through June, 2024
In providing or arranging for the provision of
						nonacademic and extracurricular services and activities, including meals,
						recess periods, and the services and activities set forth in section
						8-60-8, the department shall ensure
						that each student with a disability participates with nondisabled students in
						the extracurricular services and activities to the maximum extent appropriate
						to the needs of that student. The department shall ensure that each student
						with a disability has the supplementary aids and services determined by the
						student's IEP team to be appropriate and necessary for the student to
						participate in nonacademic settings.
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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-20 - Definition of parentally-placed private school students with disabilities

Current through June, 2024
Parentally-placed private school students with
						disabilities means students with disabilities enrolled by their parents in
						private, including religious, schools or facilities that meet the definition of
						elementary school or secondary school in section
						8-60-2, other than students with
						disabilities covered under sections
						8-60-28 through
						8-60-30.
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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-21 - Child find for parentally-placed private school students with disabilities

Current through June, 2024
(a) General. The department shall locate,
					 identify, and evaluate all students with disabilities who are enrolled by their
					 parents in private, including religious, elementary schools and secondary
					 schools located in the state, in accordance with section 8-60-10.
(b) Completion period. The child find process
					 shall be completed in a time period comparable to that for students attending
					 public schools in the state consistent with section 8-60-33.
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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-22 - Provision of services for parentally-placed private school students with disabilities: basic requirement

Current through June, 2024
(a) General. To the
					 extent consistent with the number and location of students with disabilities
					 who are enrolled by their parents in private, including religious, elementary
					 schools and secondary schools located in the state, provision is made for the
					 participation of those students in the program assisted or carried out under
					 Part B of the Act by providing them with special education and related
					 services, including direct services determined in accordance with section
					 8-60-23.
(b) Services plan for
					 parentally-placed private school students with disabilities. In accordance with
					 subsection (a) and sections 8-60-23 through 8-60-25, a services plan shall be
					 developed and implemented for each private school student with a disability who
					 has been designated by the department to receive special education and related
					 services.
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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-23 - Equitable services determined

Current through June, 2024
(a) No individual
					 right to special education and related services. No parentally-placed private
					 school student with a disability has an individual right to receive some or all
					 of the special education and related services that the student would receive if
					 enrolled in a public school.
(b)
					 Decisions.
(1) Decisions about the services
					 that will be provided to parentally-placed private school students with
					 disabilities under sections 8-60-20 through 8-60-26 shall be made in accordance
					 with subsection (c).
(2) The
					 department shall make the final decisions with respect to the services to be
					 provided to eligible parentally-placed private school students with
					 disabilities.
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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-24 - Equitable services provided

Current through June, 2024
(a) General.
(1) The services provided to
					 parentally-placed private school students with disabilities shall be provided
					 by personnel meeting the same standards as personnel providing services in the
					 public schools, except that private elementary school and secondary school
					 teachers who are providing equitable services to parentally-placed private
					 school students with disabilities do not have to meet the highly qualified
					 special education teacher requirements of
					 34
					 C.F.R. 300.18.
(2) Parentally-placed private school students
					 with disabilities may receive a different amount of services than students with
					 disabilities in public schools.
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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-25 - Location of services and transportation

Current through June, 2024
(a) Services on
					 private school premises. Services to parentally-placed private school students
					 with disabilities may be provided on the premises of private, including
					 religious, schools, to the extent consistent with law.
(b) Transportation: General.
(1) If necessary for the student to benefit
					 from or participate in the services provided, a parentally-placed private
					 school student with a disability shall be provided transportation:
(A) From the student's school or the
					 student's home to a site other than the private school; and
(B) From the service site to the private
					 school, or to the student's home, depending on the timing of the
					 services.
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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-26 - Due process complaints and state complaints

Current through June, 2024
(a) Due
					 process not applicable, except for child find. Except as provided in subsection
					 (b), the procedures in sections 8-60-59 through 8-60-73 do not apply to
					 complaints that the department has failed to meet the requirements of sections
					 8-60-22 through 8-60-25, including the provision of services indicated on the
					 student's services plan.
(b) Child
					 find complaints shall be filed with the department.
(1) The procedures in sections 8-60-59
					 through 8-60-73 apply to complaints that the department has failed to meet the
					 child find requirements in section 8-60-21, including the requirements in
					 sections 8-60-31 through 8-60-43.
(2) Any due process complaint regarding the
					 child find requirements, as described in paragraph (1), shall be filed with 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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-27 - Placement of students by parents when FAPE is at issue

Current through June, 2024
(a)
					 General. This chapter does not require the department to pay for the cost of
					 education, including special education and related services, of a student with
					 a disability at a private school or facility if the department made a FAPE
					 available to the student and the parents elected to place the student in a
					 private school or facility. However, the department shall include that student
					 in the population whose needs are addressed consistent with sections 8-60-21
					 through 8-60-26.
(b) Disagreements
					 about a FAPE. Disagreements between the parents and the department regarding
					 the availability of a program appropriate for the student, and the question of
					 financial reimbursement, are subject to the due process procedures in sections
					 8-60-59 through 8-60-74.
(c)
					 Reimbursement for private school placement. If the parent of a student with a
					 disability, who previously received special education and related services
					 under the authority of the department, enrolls the student in a private
					 preschool, elementary or secondary school without the consent of or referral by
					 the department, a court or a hearing officer may require the department to
					 reimburse the parent for the cost of that enrollment if the court or hearing
					 officer finds that the department had not made a free appropriate public
					 education available to the student in a timely manner prior to that enrollment
					 and that the private placement is appropriate.
(1) A parental placement may be found to be
					 appropriate by a hearing officer or a court even if it does not meet the state
					 standards that apply to education provided by the department.
(2) The private school shall not be deemed
					 appropriate for continued placement by the hearing officer, if the private
					 school does not allow the department to exercise its responsibility to ensure
					 the provision of a FAPE under section 8-60-29.
(3) The request for a due process hearing
					 regarding reimbursement of all costs of the unilateral private placement
					 including special education and related services shall be filed in accordance
					 with state statute and section 8-60-61.
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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-28 - Applicability of sections 8-60-29 through 8-60-30

Current through June, 2024
Sections
						8-60-29 through
						8-60-30 apply only to students with
						disabilities who are or have been placed in or referred to a private school or
						facility by the department as a means of providing special education and
						related services.
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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-29 - Responsibility of the department

Current through June, 2024
The department shall ensure that a student with a
						disability who is placed in or referred to a private school or facility by the
						department:
(1) Is provided special
					 education and related services:
(A) In
					 conformance with an IEP that meets the requirements of sections § 8-60-44
					 through 8-60-49; and
(B) At no cost
					 to the parents;
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 4 - STUDENTS IN PRIVATE SCHOOLS › Section 8-60-30 - Implementation by the department

Current through June, 2024
In implementing section
						8-60-29, the department shall
						monitor compliance through procedures such as written reports, on-site visits,
						and parent questionnaires.
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-31 - Parental consent

Current through June, 2024
(a) Parental
					 consent for initial evaluation.
(1)
(A) The department shall obtain consent,
					 consistent with section 8-60-2, from the parent of the student before
					 conducting an initial evaluation to determine if a student qualifies as a
					 student with a disability under sections 8-60-2 and 8-60-39, after providing
					 notice consistent with sections 8-60-58 and 8-60-59;
(B) Parental consent for initial evaluation
					 shall not be construed as consent for initial provision of special education
					 and related services;
(C) The
					 department shall make reasonable efforts to obtain the consent from the parent
					 for an initial evaluation to determine whether the student is a student with a
					 disability;
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-32 - Evaluation

Current through June, 2024
Students with disabilities shall be evaluated in
						accordance with sections
						8-60-31 through
						8-60-43 of this
						chapter.
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-33 - Initial evaluations

Current through June, 2024
(a) General. The
					 department shall conduct a full and individual initial evaluation, in
					 accordance with sections 8-60-36 and 8-60-38, before the initial provision of
					 special education and related services to a student with a
					 disability.
(b) Request for initial
					 evaluation. Consistent with the consent requirements in section 8-60-31, either
					 a parent of a student or the department may initiate a request for an initial
					 evaluation to determine if the student is a student with a
					 disability.
(c) Procedures for
					 initial evaluation. The initial evaluation:
(1) Shall be conducted within 60 days of
					 receiving parental consent for the evaluation; and
(2) Shall determine:
(A) If the student is a student with a
					 disability under sections 8-60-2 and 8-60-39; and
(B) The educational needs of 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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-34 - Screening for instructional purposes is not evaluation

Current through June, 2024
The screening of a student by a teacher or specialist to
						determine appropriate instructional strategies for curriculum implementation
						shall not be considered to be an evaluation for eligibility for special
						education and related services.
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-35 - Reevaluations

Current through June, 2024
(a) General. The department shall ensure that
					 a reevaluation of each student with a disability is conducted in accordance
					 with sections 8-60-36 through 8-60-43:
(1) If
					 the department determines that the educational or related services needs,
					 including improved academic achievement and functional performance, of the
					 student warrant a reevaluation; or
(2) If the student's parent or teacher
					 requests a reevaluation.
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-36 - Evaluation procedures

Current through June, 2024
(a) Notice. The
					 department shall provide notice to the parents of a student with a disability,
					 in accordance with section 8-60-58, that describes any evaluation procedures
					 the department proposes to conduct.
(b) Conduct of evaluation. In conducting the
					 evaluation, the department shall:
(1) Use a
					 variety of assessment tools and strategies to gather relevant functional,
					 developmental, and academic information about the student, including
					 information provided by the parent, that may assist in determining:
(A) Whether the student is a student with a
					 disability under sections 8-60-2 and 8-60-39; and
(B) The content of the student's IEP,
					 including information related to enabling the student to be involved in and
					 progress in the general education curriculum (or for a preschool student, to
					 participate in appropriate activities);
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-37 - Additional requirements for evaluations and reevaluations

Current through June, 2024
(a) Review of existing evaluation data. As
					 part of an initial evaluation (if appropriate) and as part of any reevaluation,
					 the IEP team and other qualified professionals, as appropriate, shall:
(1) Review existing evaluation data on the
					 student, including:
(A) Evaluations and
					 information provided by the parents of the student;
(B) Current classroom-based or State
					 assessments, and classroom-based observations; and
(C) Observations by teachers and related
					 services providers; and
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-38 - Determination of eligibility

Current through June, 2024
(a) General. Upon
					 completion of the administration of assessments and other evaluation measures:
(1) A group of qualified professionals and
					 the parent of the student determines whether the student is a student with a
					 disability as defined in sections 8-60-2 and 8-60-39, in accordance with
					 subsection (c) and the educational needs of the student; and
(2) The department provides a copy of the
					 evaluation report and the documentation of determination of eligibility 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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-39 - Eligibility criteria

Current through June, 2024
(a)
(1) Autism spectrum disorder. A student shall
					 be eligible under the category of autism spectrum disorder if the student has a
					 developmental disability significantly affecting verbal and nonverbal
					 communication and social interaction, generally evident before age three, that
					 adversely affects the student's educational performance. The student may have
					 one or more of the following other characteristics often associated with autism
					 spectrum disorder:
(A) Engagement in
					 repetitive activities and stereotyped movements;
(B) Resistance to environmental change or
					 change in daily routines;
(C)
					 Unusual responses to sensory experiences.
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-40 - Additional group members

Current through June, 2024
The determination of whether a student suspected of
						having a specific learning disability is a student with a disability as defined
						in section 8-60-39(k), shall
						be made by the student's parents and a team of qualified professionals, which
						shall include:
(1)
(A) The student's regular teacher;
(B) If the student does not have a regular
					 teacher, a regular classroom teacher qualified to teach a student of his or her
					 age; or
(C) For a student of less
					 than school age, an individual qualified by the department to teach a student
					 of his or her age; and
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-41 - Determining the existence of a specific learning disability

Current through June, 2024
(a) The group described in section 8-60-38
					 may determine that a student has a specific learning disability, as defined in
					 section 8-60-39(k), if:
(1)
(A) The student does not achieve adequately
					 for the student's age or to meet State-approved grade-level standards in one or
					 more of the following areas, when provided with learning experiences and
					 instruction appropriate for the student's age or State-approved grade-level
					 standards:
(i) Oral expression;
(ii) Listening comprehension;
(iii) Written expression;
(iv) Basic reading skill (including phonemic
					 awareness, phonics, and/or vocabulary);
(v) Reading fluency skills;
(vi) Reading comprehension;
(vii) Mathematics calculation;
(viii) Mathematics problem solving;
					 or
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-42 - Observation

Current through June, 2024
(a) The department shall ensure that the
					 student is observed in the student's learning environment (including the
					 regular classroom setting) to document the student's academic performance and
					 behavior in the areas of difficulty.
(b) The group described in section
					 8-60-38(a)(1), in determining whether a student has a specific learning
					 disability, shall decide to:
(1) Use
					 information from an observation in routine classroom instruction and monitoring
					 of the student's performance that was done before the student was referred for
					 an evaluation; or
(2) Have at least
					 one member of the group described in section 8-60-38(a)(1) conduct an
					 observation of the student's academic performance in the regular classroom
					 after the student has been referred for an evaluation and parental consent,
					 consistent with section 8-60-31(a), is obtained.
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 5 - EVALUATIONS AND ELIGIBILITY DETERMINATIONS › Section 8-60-43 - Specific documentation for the eligibility determination

Current through June, 2024
(a) For a student suspected of having a
					 specific learning disability, the documentation of the determination of
					 eligibility, as required in section 8-60-38(a)(2), shall contain a statement
					 of:
(1) Whether the student has a specific
					 learning disability;
(2) The basis
					 for making the determination, including an assurance that the determination has
					 been made in accordance with section 8-60-38(c)(1);
(3) The relevant behavior, if any, noted
					 during the observation of the student and the relationship of that behavior to
					 the student's academic functioning;
(4) The educationally relevant medical
					 findings, if any;
(5) Whether:
(A) The student does not achieve adequately
					 for the student's age or to meet State-approved grade-level standards
					 consistent with section 8-60-41(a)(1)(A) or the student demonstrates a severe
					 discrepancy between actual achievement and intellectual ability consistent with
					 8-60-41(a)(1)(B); and
(B)
(i) The student does not make sufficient
					 progress to meet age or State-approved grade-level standards consistent with
					 section 8-60-41(a)(2)(A); or
(ii)
					 The student exhibits a pattern of strengths and weaknesses in performance,
					 achievement, or both, relative to age, State-approved grade level standards or
					 intellectual development consistent with section 8-60-41(a)(2)(B);
(6) The determination
					 of the group concerning the effects of a visual, hearing, or motor disability;
					 intellectual disability; emotional disability; cultural factors; environmental
					 or economic disadvantage; or limited English proficiency on the student's
					 achievement level; and
(7) If the
					 student has participated in a process that assesses the student's response to
					 scientific, research-based intervention:
(A)
					 The instructional strategies used and the student-centered data collected;
					 and
(B) The documentation that the
					 student's parents were notified about:
(i)
					 The State's policies regarding the amount and nature of student performance
					 data that would be collected and the general education services that would be
					 provided;
(ii) Strategies for
					 increasing the student's rate of learning; and
(iii) The parents' right to request an
					 evaluation.
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 6 - INDIVIDUALIZED EDUCATION PROGRAMS AND EDUCATIONAL PLACEMENTS › Section 8-60-44 - Definition of individualized education program

Current through June, 2024
(a) General.
					 As used in this chapter, the term individualized education program or IEP means
					 a written statement for each student with a disability that is developed,
					 reviewed, and revised in a meeting in accordance with sections 8-60-44 through
					 8-60-48, and that shall include:
(1) A
					 statement of the student's present levels of academic achievement and
					 functional performance, including:
(A) How
					 the student's disability affects the student's involvement and progress in the
					 general education curriculum (i.e., the same curriculum as for nondisabled
					 students); or
(B) For preschool
					 students, as appropriate, how the disability affects the student's
					 participation in appropriate activities;
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 6 - INDIVIDUALIZED EDUCATION PROGRAMS AND EDUCATIONAL PLACEMENTS › Section 8-60-45 - IEP team

Current through June, 2024
(a) General. The department shall ensure that
					 the IEP team for each student with a disability includes:
(1) The parents of the student;
(2) Not less than one regular education
					 teacher of the student (if the student is, or may be, participating in the
					 regular education environment);
(3)
					 Not less than one special education teacher of the student, or where
					 appropriate, not less than one special education provider of the
					 student;
(4) A representative of
					 the department who:
(A) Is qualified to
					 provide, or supervise the provision of, specially designed instruction to meet
					 the unique needs of students with disabilities;
(B) Is knowledgeable about the general
					 education curriculum; and
(C) Is
					 knowledgeable about the availability of and has the authority to commit the
					 resources of the department.
(5) An individual who can interpret the
					 instructional implications of evaluation results, who may be a member of the
					 team described in paragraphs (2) through (6);
(6) At the discretion of the parent or the
					 department, other individuals who have knowledge or special expertise regarding
					 the student, including related services personnel as appropriate; and
(7) Whenever appropriate, the student with a
					 disability.
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 6 - INDIVIDUALIZED EDUCATION PROGRAMS AND EDUCATIONAL PLACEMENTS › Section 8-60-46 - Parent participation

Current through June, 2024
(a) Department
					 responsibility: general. The department shall take steps to ensure that one or
					 both of the parents of a student with a disability are present at each IEP team
					 meeting or are afforded the opportunity to participate, including:
(1) Notifying parents of the meeting early
					 enough to ensure that they will have an opportunity to attend; and
(2) Scheduling the meeting at a mutually
					 agreed on time and place.
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 6 - INDIVIDUALIZED EDUCATION PROGRAMS AND EDUCATIONAL PLACEMENTS › Section 8-60-47 - When IEPs shall be in effect

Current through June, 2024
(a) General. At the
					 beginning of each school year, the department shall have in effect, for each
					 student with a disability within its jurisdiction, an IEP, as defined in
					 section 8-60-44.
(b) IEP for
					 students aged three through five. In the case of a student with a disability
					 aged three through five, in the development of an IEP, the IEP team shall
					 consider the IFSP content (including the natural environments statement)
					 described in section 636(d) of the Act and its implementing regulations
					 (including an educational component that promotes school readiness and
					 incorporates pre-literacy, language, and numeracy skills for students with
					 IFSPs under this section who are at least three years of age).
(c) Initial IEPs; provision of services. The
					 department shall ensure that:
(1) A meeting
					 to develop an IEP for a student is conducted within 15 days after the receipt
					 of parental consent for the initial provision of special education and related
					 services by the department; and
(2)
					 As soon as possible following development of the IEP, special education and
					 related services are made available to the student in accordance with the
					 student's IEP.
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 6 - INDIVIDUALIZED EDUCATION PROGRAMS AND EDUCATIONAL PLACEMENTS › Section 8-60-48 - Development, review, and revision of IEP

Current through June, 2024
(a) Development of
					 IEP:
(1) General. In developing each
					 student's IEP, the IEP team shall consider:
(A) The strengths of the student;
(B) The concerns of the parents for enhancing
					 the education of their student;
(C)
					 The results of the initial or most recent evaluation of the student;
					 and
(D) The academic,
					 developmental, and functional needs of 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 6 - INDIVIDUALIZED EDUCATION PROGRAMS AND EDUCATIONAL PLACEMENTS › Section 8-60-49 - Private school placements by the department

Current through June, 2024
(a) Developing
					 IEPs.
(1) Before the department places a
					 student with a disability in, or refers a student to, a private school or
					 facility, the department shall initiate and conduct a meeting to develop an IEP
					 for the student in accordance with sections 8-60-44 and 8-60-48.
(2) The department shall ensure that a
					 representative of the private school or facility attends the meeting. If the
					 representative cannot attend, the department shall use other methods to ensure
					 participation by the private school or facility, including individual or
					 conference telephone calls.
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 6 - INDIVIDUALIZED EDUCATION PROGRAMS AND EDUCATIONAL PLACEMENTS › Section 8-60-50 - Educational placements

Current through June, 2024
Consistent with section
						8-60-56(c), the
						department shall ensure that the parents of each student with a disability are
						members of any group that makes decisions on the educational placement of their
						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 6 - INDIVIDUALIZED EDUCATION PROGRAMS AND EDUCATIONAL PLACEMENTS › Section 8-60-51 - Alternative means of meeting participation

Current through June, 2024
When conducting IEP team meetings and placement meetings
						pursuant to this chapter, and carrying out administrative matters under section
						615 of the Act (such as scheduling, exchange of witness lists, and status
						conferences), the parent of a student with a disability and the department may
						agree to use alternative means of meeting participation, such as video
						conferences and conference calls.
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 7 - STATE COMPLAINT PROCEDURES › Section 8-60-52 - State complaint procedures

Current through June, 2024
(a) Applicability.
					 This subchapter applies to the filing, investigation, and resolution of a
					 complaint, including a complaint filed by an organization or individual from
					 another state regarding an alleged violation by the department of one or more
					 requirements of any of the following:
(1)
					 Provisions of the Hawaii Revised Statutes relating to the education of students
					 with a disability or this chapter; or
(2) Part B of the Act or the implementing
					 regulations ( 34 C.F.R. Part 300 ).
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 7 - STATE COMPLAINT PROCEDURES › Section 8-60-53 - Minimum State complaint procedures

Current through June, 2024
(a) Time limit;
					 minimum procedures. Within 60 days after a complaint is filed under section
					 8-60-54. The department shall:
(1) Carry out
					 an independent on-site investigation, if the department determines that an
					 investigation is necessary;
(2)
					 Give the complainant the opportunity to submit additional information, either
					 orally or in writing, about the allegations in the complaint;
(3) Provide the public school with the
					 opportunity to respond to the complaint, including, at a minimum:
(A) At the discretion of the public school, a
					 proposal to resolve the complaint and
(B) An opportunity for a parent who has filed
					 a complaint and the public school, to voluntarily engage in mediation
					 consistent with section 8-60-60;
(4) Review all relevant information and make
					 an independent determination as to whether the public school, is violating a
					 requirement of Part B of the Act or of this chapter; and
(5) Issue a written decision to the
					 complainant that addresses each allegation in the complaint and contains:
(A) Findings of fact and conclusions;
					 and
(B) The reasons for the
					 department's final decision.
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 7 - STATE COMPLAINT PROCEDURES › Section 8-60-54 - Filing a complaint

Current through June, 2024
(a) An organization
					 or individual may file a signed written complaint under the procedures
					 described in sections 8-60-52 through 8-60-53.
(b) The complaint shall include:
(1) A statement that the department has
					 violated a requirement of Part B of the Act or of this chapter;
(2) The facts on which the statement is
					 based;
(3) The signature and
					 contact information for the complainant; and
(4) If alleging violations with respect to a
					 specific student:
(A) The name and address of
					 the residence of the student;
(B)
					 The name of the school the student is attending;
(C) In the case of a homeless student or
					 youth (within the meaning of section 725(2) of the McKinney-Vento Homeless
					 Assistance Act (
					 42
					 U.S.C. 11434a(2) ),
					 available contact information for the student, and the name of the school the
					 student is attending;
(D) A
					 description of the nature of the problem of the student, including facts
					 relating to the problem; and
(E) A
					 proposed resolution of the problem to the extent known and available to the
					 party at the time the complaint is filed.