§8-60-4 - Limitation: exception to FAPE for certain ages.

§8-60-4 Limitation: exception to FAPE for certain ages. General. The obligation to make a FAPE

available to all students with disabilities does not apply with respect to the following:

(1) Students with disabilities who have graduated from high school with a regular high school diploma.

(A) The exception does not apply to students who have graduated from high school but have not been awarded a regular high school diploma.

(B) Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with section 8-60-58.

(C) As used in paragraph (1), the term “regular high school diploma” does not include an alternative degree that is not fully aligned with the State's academic standards, such as a certificate or a general educational development credential “GED”;

(2) Students with disabilities who are eligible but who receive early intervention services under Part C of the Act.

(3) (A) Students with disabilities aged

eighteen to twenty, who, in the last educational placement prior to their incarceration in an adult correctional facility:

(i) Were not actually identified

as being a student with a disability under sections 8-60-2 and 8-60-39; and

(ii) Did not have an IEP under this chapter.

(B) The exception in paragraph (3)(A) does

not apply to students with

disabilities, aged eighteen to twenty,

who:

(i) Had been identified as a student with a disability

under sections 8-60-2 and 8-60-39 and had received services in accordance with an IEP, but who left school prior to their incarceration; or

(ii) Did not have an IEP in their last educational setting, but who had actually been identified as a student with a disability under sections 8-60-2 and 8-60-39.

[Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(1)(B)-(C); HRS §302A-1112) (Imp: 34 C.F.R. §300.102; HRS 302A-101)

 

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