Rules Amending Title 8

Hawaii Administrative Rules

May 22, 2007

“***HAWAII ADMINISTRATIVE RULES

TITLE 8

DEPARTMENT OF EDUCATION

CHAPTER 60

PROVISION OF A FREE APPROPRIATE PUBLIC EDUCATION FOR A CHILD WITH A DISABILITY

 
Subpart A--General
 
Purposes and Applicability
 
Sec.
8-60-1 Purposes.
8-60-2 Applicability of this partof this chapter to State and local agencies.
 
Definitions Used in This Part
 
8-60-4 Act.
8-60-5 Assistive technology device.
8-60-6 Assistive technology service.
8-60-7 Charter school.
8-60-8 Child with a disability.
8-60-9 Consent.
8-60-10 Core academic subjects.
8-60-11 Day; business day; school day.
8-60-12 Educational service agency.
8-60-13 Elementary school.
8-60-14 Equipment.
8-60-15 Evaluation.
8-60-16 Excess costs.
8-60-17 Free appropriate public education.
8-60-18 Highly qualified special education teachers.
8-60-19 Homeless children.
8-60-20 Include.
8-60-21 Indian and Indian tribe.[Reserved]
8-60-22 Individualized education program.
8-60-23 Individualized education program team.
8-60-24 Individualized family service plan.
8-60-25 Infant or toddler with a disability.
8-60-26 Institution of higher education.
8-60-27 Limited English proficient.
8-60-28 Local educational agency.[Reserved]
8-60-29 Native language.
8-60-30 Parent.
8-60-31 Parent training and information center.
8-60-32 Personally identifiable.
8-60-33 Public agency.
8-60-34 Related services.
8-60-35 Scientifically based research.
8-60-36 Secondary school.
8-60-37 Services plan.
8-60-38 Secretary.
8-60-39 Special education.
8-60-40 State.
8-60-41 State educational agency.
8-60-42 Supplementary aids and services.
8-60-43 Transition services.
8-60-44 Universal design.
8-60-45 Ward of the State.
Subpart B--State Eligibility
 
General
 
8-60-100 Eligibility for assistance.
 
FAPE Requirements
 
8-60-101 Free appropriate public education (FAPE).
8-60-102 Limitation--exception to FAPE for certain ages.
 
Other FAPE Requirements
 
8-60-103 FAPE--methods and payments.
8-60-104 Residential placement.
8-60-105 Assistive technology.
8-60-106 Extended school year services.
8-60-107 Nonacademic services.
8-60-108 Physical education.
8-60-109 Full educational opportunity goal (FEOG).
8-60-110 Program options.
8-60-111 Child find.
8-60-112 Individualized education programs (IEP).
8-60-113 Routine checking of hearing aids and external components of surgically implanted medical devices.
 
Least Restrictive Environment (LRE)
 
8-60-114 LRE requirements.
8-60-115 Continuum of alternative placements.
8-60-116 Placements.
8-60-117 Nonacademic settings.
8-60-118 Children in public or private institutions.
8-60-119 Technical assistance and training activities.
8-60-120 Monitoring activities.
 
Additional Eligibility Requirements
 
8-60-121 Procedural safeguards.
8-60-122 Evaluation.
8-60-123 Confidentiality of personally identifiable information.
8-60-124 Transition of children from the Part C program to preschool programs.
8-60-125-8-60-128 [Reserved]
 
Children in Private Schools
 
8-60-129 State responsibility regarding children in private schools.
 
Children With Disabilities Enrolled by Their Parents in Private Schools
 
8-60-130 Definition of parentally-placed private school children with disabilities.
8-60-131 Child find for parentally-placed private school children with disabilities.
8-60-132 Provision of services for parentally-placed private school children with disabilities--basic requirement.
8-60-133 Expenditures.
8-60-134 Consultation.
8-60-135 Written affirmation.
8-60-136 Compliance.
8-60-137 Equitable services determined.
8-60-138 Equitable services provided.
8-60-139 Location of services and transportation.
8-60-140 Due process complaints and State complaints.
8-60-141 Requirement that funds not benefit a private school.
8-60-142 Use of personnel.
8-60-143 Separate classes prohibited.
8-60-144 Property, equipment, and supplies.
 
Children With Disabilities in Private Schools Placed or Referred by Public Agencies
 
8-60-145 Applicability of Sec. Sec. 8-60-146 through 8-60-147.
8-60-146 Responsibility of SEA.
8-60-147 Implementation by SEA.
 
Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issue
 
8-60-148 Placement of children by parents when FAPE is at issue.
 
SEA Responsibility for General Supervision and Implementation of Procedural Safeguards
 
8-60-149 SEA responsibility for general supervision.
8-60-150 SEA implementation of procedural safeguards.
 
State Complaint Procedures
 
8-60-151 Adoption of State complaint procedures.
8-60-152 Minimum State complaint procedures.
8-60-153 Filing a complaint.
 
Methods of Ensuring Services
 
8-60-154 Methods of ensuring services.
 
Additional Eligibility Requirements
 
8-60-155 Hearings relating to LEA eligibility.
8-60-156 Personnel qualifications.
8-60-157 Performance goals and indicators.
8-60-158-8-60-161 [Reserved]
8-60-162 Supplementation of State, local, and other Federal funds.
8-60-163 Maintenance of State financial support.
8-60-164 Waiver of requirement regarding supplementing and not supplanting with Part B funds.
8-60-165 Public participation.
8-60-166 Rule of construction.
 
State Advisory Panel
 
8-60-167 State advisory panel.
8-60-168 Membership.
8-60-169 Duties.
 
Other Provisions Required for State Eligibility
 
8-60-170 Suspension and expulsion rates.
8-60-171 Annual description of use of Part B funds.
8-60-172 Access to instructional materials.
8-60-173 Overidentification and disproportionality.
8-60-174 Prohibition on mandatory medication.
8-60-175 SEA as provider of FAPE or direct services.
8-60-176 Exception for prior State plans.[Reserved]
8-60-177 States' sovereign immunity.
 
Department Procedures
 
8-60-178 Determination by the Secretary that a State is eligible to receive a grant.
8-60-179 Notice and hearing before determining that a State is not eligible to receive a grant.
8-60-180 Hearing official or panel.
8-60-181 Hearing procedures.
8-60-182 Initial decision; final decision.
8-60-183 Filing requirements.
8-60-184 Judicial review.
8-60-185 [Reserved]
8-60-186 Assistance under other Federal programs.