§8-60-80 - Referral to and action by law enforcement and judicial authorities.

§8-60-80 Referral to and action by law enforcement and judicial authorities. (a) Rule of construction. Nothing in this chapter prohibits the department from reporting a crime committed by a student with a disability to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state

law to crimes committed by a student with a disability.

(b) Transmittal of records.

(1) When reporting a crime committed by a student with a disability, the department shall ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom the department reports the crime.

(2) The department may transmit copies of the student's special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act(20 U.S.C. 1232g).

[Eff 11/23/09] (Auth: 20 U.S.C. 1415(k)(6); HRS §302A-1112) (Imp: 34 C.F.R. §300.535)

 

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