§8-89-3 - Applicability.

§8-89-3 Applicability.

         (a) This chapter shall apply to the conduct of department employees (including full-time, part-time, casual, substitute, and temporary employees), volunteers, or third parties that negatively impacts a protected class student's ability to participate in or to receive benefits, services, or opportunities in the school's program or activities. This chapter applies to conduct that occurs on department property or outside of department property, if the conduct was in connection with a department-sponsored program or activity. Charter schools are excluded from this chapter and are subject to regulations promulgated by the Hawaii State Public Charter School Commission.

         (b) With respect to section 504 of the Rehabilitation Act of 1973, this chapter shall apply to complaints concerning disparate treatment under Subpart A, General Provisions, and facilities or program accessibility under subpart C, Program Accessibility, of Title 34 Code of Federal Regulations section 104.

         (c) For conduct by students toward other students, refer to Hawaii Administrative Rules, title 8, chapter 19.

        [Eff OCT 14 2019 ] (Auth: HRS §302A-1112) (Imp: Hawaii Const. Art. X §1; HRS §§302A-101, 302A-1001, 302A-1101, 302A-1112; 5 U.S.C. §301, 20 U.S.C. §1681, 29 U.S.C. §§706, 794, 42 U.S.C. §2000d et seq., 42 U.S.C. §12101 et seq., 28 C.F.R. §35, 34 C.F.R. §100; 34 C.F.R. §101, 34 C.F.R. §104, 34 C.F.R. §106, 45 C.F.R. §90)

The following state regulations pages link to this page.