HAR §8-60-38. Determination of eligibility

(a) General. Upon completion of the administration of assessments and other evaluation measures: (1) A group of qualified professionals and the parent of the student determines whether the student is a student with a disability as defined in sections 8-60-2 and 8-60-39, in accordance with subsection (c) and the educational needs of the student; and (2) The department provides a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent. (b) Special rule for eligibility determination. A student shall not be determined to be a student with a disability: (1) If the determinant factor for that determination is: (A) Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA); (B) Lack of appropriate instruction in math; or§8-60-38 (C) Limited English proficiency; and (2) If the student does not otherwise meet the eligibility criteria under sections 8-60-2 and 8-60-39. (c) Procedures for determining eligibility and educational need. (1) In interpreting evaluation data for the purpose of determining if a student is a student with a disability under sections 8-60-2 and 8-60-39, and the educational needs of the student, the department shall: (A) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the student's physical condition, social or cultural background, and adaptive behavior; and (B) Ensure that information obtained from all of these sources is documented and carefully considered. (2) If a determination is made that a student has a disability and needs special education and related services, an IEP shall be developed for the student in accordance with sections 8-60-44 through 8-60-48. (d) The student resides in the State and comes within the following age range: (1) Is three years of age; and (2) Under twenty on the first instructional day of the official school year calendar set by the department. A student who is under twenty years of age on the first instructional day of the school year set by the department, but who reaches the age of twenty during the school year, shall be eligible for the full school year, including extended school year when the requirements of section 8-60-7 are met. [Eff 11/23/09] (Auth: HRS §302A-1112) (Imp: HRS §§302A-101; 34 C.F.R. §§300.7; 300.306)