HAR §8-60-10. Child find and referral

(a) General. The department shall annually identify, locate, and evaluate, all students with disabilities residing in the State, including students with disabilities who are homeless students or are wards of the State, and students with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services. (b) Other students in child find. Child find also shall include: (1) Students who are suspected of being a student with a disability as defined in section 8-60-2 and in need of special education, even though they are advancing from grade to grade; and (2) Highly mobile students, including migrant students. (c) Construction. Nothing in the Act requires that students be classified by their disability so long as each student who has a disability that is listed in section 8-60-2 and who, by reason of that disability, needs special education and related services is regarded as a student with a disability under Part B of the Act. (d) Referral. (1) All referrals for the evaluation of a student to determine eligibility as a student with a disability under this chapter shall be documented and shall be in accordance with this section; (2) Within fifteen days from the date of receipt of a request for an evaluation, the parent shall: (A) Receive a written notice in accordance with section 8-60-58 of the department's proposal to assess the student under this chapter; request for consent to assess in accordance with section 8-60-31; and the procedural safeguards notice in accordance with section 8-60-59; or (B) Receive a written notice in accordance with section 8-60-58 of the department's refusal to assess under this chapter and the procedural safeguards notice in accordance with section 8-60-59. [Eff 11/23/09] (Auth: 20 U.S.C. 1401(3)), 1412(a)(3); HRS §302A-1112) (Imp: 34 C.F.R. §§300.111, 300.131) §8-60-11 Routine checking of hearing aids and external components of surgically implanted medical devices. (a) Hearing aids. Each public school shall ensure that hearing aids worn in school by students who are hard of hearing, including deaf, are functioning properly. (b) External components of surgically implanted medical devices. (1) Subject to paragraph (2), the department shall ensure that the external components of surgically implanted medical devices are functioning properly. (2) For a student with a surgically implanted medical device who is receiving special education and related services, the department is not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted (or of an external component of the surgically implanted medical device). [Eff 11/23/09] (Auth: 20 U.S.C. 1401(1), 1401(26)(B), HRS §302A-1112) (Imp: 34 C.F.R. §300.113) 　 §8-60-12 Transition of students from the Part C program to preschool programs. The State shall ensure that: (1) Students participating in early intervention programs assisted under Part C of the Act, and who will participate in preschool programs assisted under Part B of the Act, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(9) of the Act; (2) By the third birthday of a student described in paragraph (1), an IEP, or if consistent with section 8-60-47(b), an IFSP has been developed and is being implemented for the student; and§8-60-13 (3) Each affected district will participate in transition planning conferences arranged by the designated lead agency under section 635(a)(10) of the Act. [Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(9), HRS §302A-1112) (Imp: 34 C.F.R. §300.124) 　 §8-60-13 Students with disabilities who are covered by public benefits or insurance. (a) Students with disabilities who are covered by public benefits or insurance. (1) The department may use the medicaid or other public benefits or insurance programs in which a student participates to provide or pay for services required, as permitted under the public benefits or insurance program, except as provided in paragraph (2). (2) With regard to services required to provide a FAPE to an eligible student, the department: (A) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their student to receive a FAPE under Part B of the Act; (B) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this chapter, but the department may pay the cost that the parents otherwise would be required to pay; (C) May not use a student's benefits under a public benefits or insurance program if that use would: (i) Decrease available lifetime coverage or any other insured benefit; (ii) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the student outside of the time the student is in school; (iii) Increase premiums or lead to the discontinuation of benefits or insurance; or (iv) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and (D) (i) Shall obtain parental consent, consistent with section 8-60-2, each time that access to public benefits or insurance is sought; and (ii) Notify parents that the parents' refusal to allow access to their public benefits or insurance does not relieve the department of its responsibility to ensure that all required services are provided at no cost to the parents. (b) Students with disabilities who are covered by private insurance. (1) With regard to services required to provide a FAPE to an eligible student, the department, may access the parents' private insurance proceeds only if the parents provide consent consistent with section 8-60-2. (2) Each time the department proposes to access the parents' private insurance proceeds, the department shall: (A) Obtain parental consent in accordance with paragraph (1); and (B) Inform the parents that their refusal to permit the department to access their private insurance does not relieve the department of its responsibility to ensure that all required services are provided at no cost to the parents. [Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(12) and (e); HRS §302A-1112) (Imp: 34 C.F.R. §300.154)