§8-60-61 - Filing a due process complaint.

§8-60-61 Filing a due process complaint. (a) General. (1) A parent or the department may file a due process complaint on any of the matters described in sections 8-60-58(a)(1) and (2) (relating to the identification, evaluation or educational placement of

a student with a disability, or the provision of a FAPE to the student).

(2) The due process complaint shall allege a violation that occurred not more than two years before the date the parent or department knew or should have known about the alleged action that forms the basis of the due process complaint, or, within the timeframe specified in state statute for a unilateral special education placement, where the request is for reimbursement of the costs of the placement, including special education and related services. The unilateral special education placement timeframe begins on the student’s first day of attendance.

(b) Information for parents. The department shall inform the parent of any free or low-cost legal and other relevant services available in the area if:

(1) The parent requests the information; or

(2) The parent or the department files a due process complaint under this section.

[Eff 11/23/09] (Auth: 20 U.S.C. 1415(b)(6), HRS §302A-1112) (Imp: 34 C.F.R. §300.507,HRS §302A-443)

 

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