Haw. Code R. § 8-60-48 - Development, review, and revision of IEP
(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.
(2) Consideration of special factors. The IEP
team shall:
(A) In the case of a student
whose behavior impedes the student's learning or that of others, consider the
use of positive behavioral interventions and supports, and other strategies, to
address that behavior;
(B) In the
case of a student with limited English proficiency, consider the language needs
of the student as those needs relate to the student's IEP;
(C) In the case of a student who is blind or
visually impaired, provide for instruction in Braille and the use of Braille
unless the IEP team determines, after an evaluation of the student's reading
and writing skills, needs, and appropriate reading and writing media (including
an evaluation of the student's future needs for instruction in Braille or the
use of Braille), that instruction in Braille or the use of Braille is not
appropriate for the student;
(D)
Consider the communication needs of the student including students who are deaf
or hearing impaired. This consideration includes a review of the student's
language and communication needs, opportunities for direct communications with
peers and professional personnel in the student's language and communication
mode, academic level, and full range of needs, including opportunities for
direct instruction in the student's language and communication mode;
and
(E) Consider whether the
student needs assistive technology devices and services.
(3) Requirement with respect to regular
education teacher. A regular education teacher of a student with a disability,
as a member of the IEP team, shall, to the extent appropriate, participate in
the development of the IEP of the student, including the determination of:
(A) Appropriate positive behavioral
interventions and supports and other strategies for the student; and
(B) Supplementary aids and services, program
modifications, and support for school personnel consistent with section
8-60-44(a)(4).
(4)
Agreement.
(A) In making changes to a
student's IEP after the annual IEP team meeting for a school year, the parent
of a student with a disability and the department may agree not to convene an
IEP team meeting for the purposes of making those changes, and instead may
develop a written document to amend or modify the student's current
IEP.
(B) If changes are made to the
student's IEP in accordance with subparagraph (A), the department shall ensure
that the student's IEP team is informed of those changes.
(5) Consolidation of IEP team meetings. To
the extent possible, the department shall encourage the consolidation of
reevaluation meetings for the student and other IEP team meetings for the
student.
(6) Amendments. Changes to
the IEP may be made either by the entire IEP team at an IEP team meeting, or as
provided in paragraph (4), by amending the IEP rather than by redrafting the
entire IEP. A parent shall be provided with a revised copy of the IEP with the
amendments incorporated.
(b) Review and revision of IEPs:
(1) General. The department shall ensure
that, subject to paragraphs (2) and (3), the IEP team:
(A) Reviews the student's IEP periodically,
but not less than annually, to determine whether the annual goals for the
student are being achieved; and
(B)
Revises the IEP, as appropriate, to address:
(i) Any lack of expected progress toward the
annual goals described in section 8-60-44(a)(2), and in the general education
curriculum, if appropriate;
(ii)
The results of any reevaluation conducted under section 8-60-35;
(iii) Information about the student provided
to, or by, the parents, as described under section 8-60-37(a)(2);
(iv) The student's anticipated needs;
or
(v) Other matters.
(2) Consideration of
special factors. In conducting a review of the student's IEP, the IEP team
shall consider the special factors described in subsection (a)(2).
(3) Requirement with respect to regular
education teacher. A regular education teacher of the student, as a member of
the IEP team, shall, consistent with subsection (a)(3), participate in the
review and revision of the IEP of the student.
(c) Failure to meet transition objectives:
(1) Participating agency failure. If a
participating agency, other than the department, fails to provide the
transition services described in the IEP in accordance with section 8-60-44(b),
the department shall reconvene the IEP team to identify alternative strategies
to meet the transition objectives for the student set out in the IEP.
(2) Construction. Nothing in this chapter
relieves any participating agency, including a State vocational rehabilitation
agency, of the responsibility to provide or pay for any transition service that
the agency would otherwise provide to students with disabilities who meet the
eligibility criteria of that agency.
(d) Students with disabilities in adult
prisons:
(1) Requirements that do not apply.
The following requirements do not apply to students with disabilities who are
convicted as adults under State law and incarcerated in adult prisons:
(A) The requirements contained in section
612(a)(16) of the Act and section 8-60-44(a)(6) (relating to participation of
students with disabilities in general assessments).
(B) The requirements in section 8-60-44(b)
(relating to transition planning and transition services) do not apply with
respect to the students whose eligibility under this chapter will end, because
of their age, before they will be eligible to be released from prison based on
consideration of their sentence and eligibility for early release.
(2) Modifications of IEP or
placement.
(A) Subject to subsection
(d)(2)(B), the IEP team of a student with a disability who is convicted as an
adult under State law and incarcerated in an adult prison may modify the
student's IEP or placement if the State has demonstrated a bona fide security
or compelling penological interest that cannot otherwise be
accommodated.
(B) The requirements
of sections 8-60-44 (relating to IEPs), and 8-60-15, do not apply with respect
to the modifications described in subsection (d)(2)(A).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.