Haw. Code R. § 8-61-14 - Preliminary disciplinary procedures

(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.

(b) If the determination under subsection (a)(2) is that the misconduct is not a manifestation of the student's disability, the student may be suspended or dismissed in accordance with the Hawaii administrative rules governing student discipline, except as provided in section 8-61-16.

(c) Should the Individuals with Disabilities Education Improvement Act ("IDEIA"), commonly known as the Individuals with Disabilities Education Act ("IDEA"), manifestation determination change in the future, the standard in this section shall also change to the most current manifestation standard.

Notes

Haw. Code R. § 8-61-14

[Eff 8/20/09] (Auth: HRS § 302A-1112) (Imp: Hawaii Const. Art. X, § 3; HRS § 302A-1101; 29 U.S.C. §794; 34 C.F.R. §§104.35, 104.36)