§8-60-26 - Due process complaints and state complaints.

§8-60-26 Due process complaints and state complaints. (a) Due process not applicable, except for child find. Except as provided in subsection (b), the procedures in sections 8-60-59 through 8-60-73 do not apply to complaints that the department has failed

to meet the requirements of sections 8-60-22 through 8-60-25, including the provision of services indicated on the student's services plan.

(b) Child find complaints shall be filed with the department.

(1) The procedures in sections 8-60-59 through 8-60-73 apply to complaints that the department has failed to meet the child find requirements in section 8-60-21, including the requirements in sections 8-60-31 through 8-60-43.

(2) Any due process complaint regarding the child find requirements, as described in paragraph (1), shall be filed with the department.

(c) State complaints. Any complaint that the department has failed to meet the requirements in sections 8-60-22 through 8-60-26 shall be filed in accordance with the procedures described in sections 8-60-52 through 8-60-54.

[Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(10)(A), HRS §302A-1112) (Imp: 34 C.F.R. §300.140)

 

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