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