HAR §8-13-10. Revocation of Geographic exception

(a) The home school principal or receiving school principal may recommend in writing to the receiving school district superintendent the revocation of a geographic exception. (b) The receiving school district superintendent shall initiate revocation proceedings by providing written notification to the applicant, return receipt requested. The notice shall contain the following: (1) The reasons for revoking the geographic exception; (2) A statement regarding the effective date of the recommended revocation. The date shall not be less than eighteen school days after the date the notice is mailed. If a conference is requested, the effective date shall be extended to the last day the receiving school district superintendent has to render a written decision; (3) A statement that the applicant has a right to request a conference with the receiving school district superintendent to discuss the reasons for the geographic exception and the reasons for revocation; (4) A statement that the conference with the district superintendent shall be requested in writing; and (5) A statement that unless a conference is requested by a date specified in the notice, not less than five school days after the notice is mailed, the recommended revocation of the receiving school principal shall be implemented without a conference. (c) Upon receipt of an appeal of revocation, the receiving school district superintendent shall schedule a conference date within ten school days and shall notify all interested parties of the conference date, time, and place. The conference shall be conducted by the receiving school district superintendent or by a disinterested person designated by the district superintendent who may be an official of the department. The conference shall be conducted in the following manner: (1) The receiving school district superintendent or a designee shall impartially weigh the evidence and may consider any records or information relevant to the revocation of the geographic exception, provided that the record or information shall be made available to the parents and students; (2) All parties shall have the right to present evidence, cross examine witnesses and submit rebuttal testimony; (3) The department shall make a transcript or tape recording of the conference; (4) At their own expense, parents or students may make a tape recording or obtain a transcript; (5) In the event the conference is conducted by a person other than the receiving school district superintendent, the recommended decision and record shall be reviewed by the district superintendent who may accept, reject or modify the decision. In the event any change is made, the receiving school district superintendent shall state the reasons therefor in writing. The decision of the receiving school district superintendent shall be final; and (6) Not later than three school days after the close of the conference, the receiving school district superintendent shall render a decision in writing clearly stating the action to be taken and the reasons therefor. The decision shall be mailed return receipt requested personally delivered. [Eff. 09/30/83; am FEB 22, 1992] (Auth: HRS §302A-1112) (Imp: HRS §302A-1143)