HAR §8-60-47. When IEPs shall be in effect

(a) General. At the beginning of each school year, the department shall have in effect, for each student with a disability within its jurisdiction, an IEP, as defined in section 8-60-44. (b) IEP for students aged three through five. In the case of a student with a disability aged three through five, in the development of an IEP, the IEP team shall consider the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for students with IFSPs under this section who are at least three years of age). (c) Initial IEPs; provision of services. The department shall ensure that: (1) A meeting to develop an IEP for a student is conducted within 15 days after the receipt of parental consent for the initial provision of special education and related services by the department; and (2) As soon as possible following development of the IEP, special education and related services are made available to the student in accordance with the student's IEP. (d) Accessibility of student's IEP to teachers and others. The department shall ensure that: (1) The student's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and (2) Each teacher and provider described in paragraph (1) is informed of: (A) His or her specific responsibilities related to implementing the student's IEP; and (B) The specific accommodations, modifications, and supports that shall be provided for the student in accordance with the IEP. (e) IEPs for students who transfer from another state. If a student with a disability (who had an IEP that was in effect in a previous public school in another state) transfers and enrolls in a Hawaii public school, within the same school year, the new public school (in consultation with the parents) shall provide the student with a FAPE (including services comparable to those described in the student's IEP from the previous public school), until the new public school: (1) Conducts an evaluation pursuant to sections 8-60-36 through 8-60-38 (if determined to be necessary); and (2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in sections 8-60-44 through 8-60-48. (f) Transmittal of records. To facilitate the transition for a student described in subsection (e), the new public school in which the student enrolls shall take reasonable steps to promptly obtain the student's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous public school in which the student was enrolled, pursuant to 34 CFR 99.31(a)(2). [Eff 11/23/09] (Auth: 20 U.S.C. 1414(d)(2)(A)-(C), HRS §302A-1112) (Imp: 34 C.F.R. §300.323)