Haw. Code R. § 8-60-66 - Hearing rights
(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.
(b)
Additional disclosure of information.
(1) At
least five business days prior to a hearing conducted pursuant to section
8-60-65(a), each party shall disclose to all other parties all evaluations
completed by that date and recommendations based on the offering party's
evaluations that the party intends to use at the hearing.
(2) A hearing officer may bar any party that
fails to comply with paragraph (1) from introducing the relevant evaluation or
recommendation at the hearing without the consent of the other party.
(c) Parental rights at hearings.
Parents involved in hearings shall be given the right to:
(1) Have the student who is the subject of
the hearing present;
(2) Open the
hearing to the public; and
(3) Have
the record of the hearing and the findings of fact and decisions described in
subsections (a)(4) and (5) provided at no cost to parents.
Notes
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