HAR §8-400-14. Termination or suspension from program

(a) A child may be terminated or suspended from the program for: (1) failure to pay the monthly non-refundable fee or any other outstanding fees; (2) chronic late pick-up; or (3) conduct which disrupts the activities of the program or jeopardizes the safety or welfare of the staff or participants. (b) Prior to termination from the program, the site coordinator at each school site shall meet with the child and the parents of the child to apprise them of the problems and to afford them a reasonable time to take corrective action. (c) Prior to the suspension or termination of a child with a disability from the program because of misconduct, the site coordinator shall meet with the child and the parents to consider whether the misconduct may be related to the disability of the child, and if found to be related, to make such reasonable modifications as are necessary to afford the child an equal opportunity for participation. (1) After such reasonable modifications are provided, and if the misconduct of the child with a disability persists and the child is unable to function in the program, the child may be suspended or terminated from the A+ program regardless of the disability of the child. (2) A child with a disability can be immediately suspended from the A+ program if the conduct of the child presents a clear threat to the physical safety of self or others, or if the child is so disruptive as to make the immediate removal from the program necessary to preserve the rights of other participants. Prior to readmittance from such a suspension, the site coordinator shall meet with the parents to determine whether any reasonable modifications can be provided for continued participation. (d) The determination of the site coordinator of the disposition of each case, in consultation with the district coordinator, shall be final.[Eff 3/1/93; comp 8/7/93; comp 4/1/96; am and comp 3/13/00] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1112, 302A-408, 302A-1153; 29 U.S.C. 794; 34 C.F.R. 104.27 (a))