§8-60-59 - Procedural safeguards notice.

§8-60-59 Procedural safeguards notice. (a) General. A copy of the procedural safeguards available to the parents of a student with a disability shall be

given to the parents only one time a school year, except that a copy also shall be given to the parents:

(1) Upon initial referral or parent request for evaluation;

(2) Upon receipt of the first State complaint under sections 8-60-52 through 8-60-54 and upon receipt of the first due process complaint under section 8-60-61 in a school year;

(3) In accordance with the discipline procedures in section 8-60-75(h); and

(4) Upon request by a parent.

(b) Contents. The procedural safeguards notice shall include a full explanation of all of the procedural safeguards available under section 8-60-27, sections 8-60-52 through 8-60-54, section 8-60-31, sections 8-60-57 through 8-60-58, sections 8-60-60 through 8-60-72, sections 8-60-75 through 8-60-81, and section 8-60-84 relating to:

(1) Independent educational evaluations;

(2) Prior written notice;

(3) Parental consent;

(4) Access to education records;

(5) Opportunity to present and resolve complaints through the due process complaint and State complaint procedures, including:

(A) The time period in which to file a complaint;

(B) The opportunity for the department to resolve the complaint; and

(C) The difference between the due process complaint and the State complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;

(6) The availability of mediation;

(7) The student's placement during the pendency of any due process complaint;

(8) Procedures for students who are subject to placement in an interim alternative educational setting;

(9) Requirements for unilateral placement by parents of students in private schools at public expense;

(10) Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;

(11) Civil actions, including the time period in which to file those actions; and

(12) Attorneys' fees.

(c) Notice in understandable language. The notice required under subsection (a) shall meet the requirements of section 8-60-58(c).

[Eff 11/23/09] (Auth: 20 U.S.C. 1415(d), HRS §302A-1112) (Imp: 34 C.F.R. §300.504)


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