HAR §8-13-2. Definitions

As used in this chapter: "Applicant" means the parents, legal guardian or other legal custodian authorized to represent the student or an eighteen year old student who wishes to apply for a geographic exception. "Department" means the department of education. "Exceptional student" means any student who is found eligible for special education and related services. "Geographic exception" means permission to attend a school other than the student's home school as determined by the student's legal residence. "Home school" means the school within the geographic attendance area which the student shall attend according to the student's legal residence. "Home school district" means the school district in which the student's home school is located. "Legal residence" means the residence of the student's parent(s), legal guardian, or legal custodian. The department shall presume that the student resides with the parents or legal guardian. In the event the student's parents do not reside together in the same school district, the department may presume that the student resides in the school district in which either parent resides. The applicant wishing to rebut the presumption has the burden of proving the student's residence. "Physical residence" means where the student actually resides. "Receiving school" means the school outside the geographic area of the student's legal residence. "Revocation" means the return of a student attending a school on a geographic exception to the student's home school. "School district" means a group of schools administered by a district superintendent. [Eff. 09/30/83; am FEB 22, 1992] (Auth: HRS §302A-1112) (Imp: HRS §302A-1143)