§8-60-23 - Equitable services determined.

§8-60-23 Equitable services determined. (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.

(c) Services plan for each student served under sections 8-60-20 through 8-60-26. If a student with a disability is enrolled in a religious or other private school by the student's parents and will receive special education or related services from the department, the department shall:

(1) Initiate and conduct meetings to develop, review, and revise a services plan for the student, in accordance with section 8-60-24(b); and

(2) Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the department shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.

[Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(10)(A), HRS §302A-1112) (Imp: 34 C.F.R. §300.137)


The following state regulations pages link to this page.