Haw. Code R. § 8-60-10 - Child find and referral

(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.

(c) Construction. Nothing in the Act requires that students be classified by their disability so long as each student who has a disability that is listed in section 8-60-2 and who, by reason of that disability, needs special education and related services is regarded as a student with a disability under Part B of the Act.

(d) Referral.

(1) All referrals for the evaluation of a student to determine eligibility as a student with a disability under this chapter shall be documented and shall be in accordance with this section;

(2) Within fifteen days from the date of receipt of a request for an evaluation, the parent shall:

(A) Receive a written notice in accordance with section 8-60-58 of the department's proposal to assess the student under this chapter; request for consent to assess in accordance with section 8-60-31; and the procedural safeguards notice in accordance with section 8-60-59; or

(B) Receive a written notice in accordance with section 8-60-58 of the department's refusal to assess under this chapter and the procedural safeguards notice in accordance with section 8-60-59.

Notes

Haw. Code R. § 8-60-10

[Eff 11/23/09] (Auth: 20 U.S.C. 1401(3)), 1412(a)(3); HRS § 302A-1112) (Imp: 34 C.F.R. §§300.111, 300.131)