HAR §8-60-23
HAR §8-60-23. Equitable services determined
Cite as Haw. Code R. § 8-60-23
(a) No individual right to
special education and related services. No parentally-placed private
school student with a disability has an individual right to receive
some or all of the special education and related services that the
student would receive if enrolled in a public school.
(b) Decisions.
(1) Decisions about the services that will be provided to
parentally-placed private school students with disabilities
under sections 8-60-20 through 8-60-26 shall be made in
accordance with subsection (c).
(2) The department shall make the final decisions with respect
to the services to be provided to eligible parentally-placed
private school students with disabilities.
(c) Services plan for each student served under sections 8-60-20
through 8-60-26. If a student with a disability is enrolled in a
religious or other private school by the student's parents and will
receive special education or related services from the department,
the department shall:
(1) Initiate and conduct meetings to develop, review, and revise
a services plan for the student, in accordance with section
8-60-24(b); and
(2) Ensure that a representative of the religious or other
private school attends each meeting. If the representative
cannot attend, the department shall use other methods to ensure
participation by the religious or other private school,
including individual or conference telephone calls. [Eff
11/23/09] (Auth: 20 U.S.C. 1412(a)(10)(A), HRS §302A-1112) (Imp:
34 C.F.R. §300.137)