HAR §8-60-33. Initial evaluations

(a) General. The department shall conduct a full and individual initial evaluation, in accordance with sections 8-60-36 and 8-60-38, before the initial provision of special education and related services to a student with a disability. (b) Request for initial evaluation. Consistent with the consent requirements in section 8-60-31, either a parent of a student or the department may initiate a request for an initial evaluation to determine if the student is a student with a disability. (c) Procedures for initial evaluation. The initial evaluation: (1) Shall be conducted within 60 days of receiving parental consent for the evaluation; and (2) Shall determine: (A) If the student is a student with a disability under sections 8-60-2 and 8-60-39; and (B) The educational needs of the student. (d) Exception. The timeframe described in subsection (c)(1) does not apply to the department if the parent of a student repeatedly fails or refuses to produce the student for the evaluation. [Eff 11/23/09] (Auth: 20 U.S.C. 1414(a), HRS §302A-1112) (Imp: 34 C.F.R. §300.301)