HAR §8-60-42. Observation

(a) The department shall ensure that the student is observed in the student's learning environment (including the regular classroom setting) to document the student's academic performance and behavior in the areas of difficulty. (b) The group described in section 8-60-38(a)(1), in determining whether a student has a specific learning disability, shall decide to: (1) Use information from an observation in routine classroom instruction and monitoring of the student's performance that was done before the student was referred for an evaluation; or (2) Have at least one member of the group described in section 8-60-38(a)(1) conduct an observation of the student's academic performance in the regular classroom after the student has been referred for an evaluation and parental consent, consistent with section 8-60-31(a), is obtained. (c) In the case of a student of less than school age or out of school, a group member shall observe the student in an environment appropriate for a student of that age. [Eff 11/23/09] (Auth: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6), HRS §302A-1112) (Imp: 34 C.F.R. §300.310)