§8-60-24 - Equitable services provided.

§8-60-24 Equitable services provided. (a) General.

(1) The services provided to parentally-placed private school students with disabilities shall be provided by personnel meeting the same standards as personnel providing services in the public schools, except that

private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school students with disabilities do not have to meet the highly qualified special education teacher requirements of 34 C.F.R. 300.18.

(2) Parentally-placed private school students with disabilities may receive a different amount of services than students with disabilities in public schools.

(b) Services provided in accordance with a services plan.

(1) Each parentally-placed private school student with a disability who has been designated to receive services under section 8-60-22 shall have a services plan that describes the specific special education and related services that the department will provide to the student in light of the services that the department has determined, through the process described in section 8-60-23, it will make available to parentally-placed private school students with disabilities.

(2) The services plan shall, to the extent appropriate:

(A) Meet the requirements of section 8-60-44, or for a student ages three through five, meet the requirements of section 8-60-47(b) with respect to the services provided; and

(B) Be developed, reviewed, and revised consistent with sections 8-60-45 through 8-60-48.

(c) Provision of equitable services.

(1) The provision of services pursuant to this section and sections 8-60-25 through 8-60-26 shall be provided:

(A) By employees of the department; or

(B) Through contract by the department with an individual, association, agency, organization, or other entity.

(2) Special education and related services provided to parentally-placed private school students with disabilities, including materials and equipment, shall be secular, neutral, and nonideological.

[Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(10)(A)(vi), HRS §302A-1112) (Imp: 34 C.F.R. §300.138)


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