HAR §8-60-48. Development, review, and revision of IEP

(a) Development of IEP:(1) General. In developing each student's IEP, the IEP team shall consider: (A) The strengths of the student; (B) The concerns of the parents for enhancing the education of their student; (C) The results of the initial or most recent evaluation of the student; and (D) The academic, developmental, and functional needs of the student. (2) Consideration of special factors. The IEP team shall: (A) In the case of a student whose behavior impedes the student's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior; (B) In the case of a student with limited English proficiency, consider the language needs of the student as those needs relate to the student's IEP; (C) In the case of a student who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the student's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the student's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the student; (D) Consider the communication needs of the student including students who are deaf or hearing impaired. This consideration includes a review of the student's language and communication needs, opportunities for direct communications with peers and professional personnel in the student's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the student's language and communication mode; and (E) Consider whether the student needs assistive technology devices and services. (3) Requirement with respect to regular education teacher. A regular education teacher of a student with a disability, as a member of the IEP team, shall, to the extent appropriate, participate in the development of the IEP of the student, including the determination of: (A) Appropriate positive behavioral interventions and supports and other strategies for the student; and (B) Supplementary aids and services, program modifications, and support for school personnel consistent with section 8-60-44(a)(4). (4) Agreement. (A) In making changes to a student's IEP after the annual IEP team meeting for a school year, the parent of a student with a disability and the department may agree not to convene an IEP team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the student's current IEP. (B) If changes are made to the student's IEP in accordance with subparagraph (A), the department shall ensure that the student's IEP team is informed of those changes. (5) Consolidation of IEP team meetings. To the extent possible, the department shall encourage the consolidation of reevaluation meetings for the student and other IEP team meetings for the student. (6) Amendments. Changes to the IEP may be made either by the entire IEP team at an IEP team meeting, or as provided in paragraph (4), by amending the IEP rather than by redrafting the entire IEP. A parent shall be provided with a revised copy of the IEP with the amendments incorporated. (b) Review and revision of IEPs:(1) General. The department shall ensure that, subject to paragraphs (2) and (3), the IEP team: (A) Reviews the student's IEP periodically, but not less than annually, to determine whether the annual goals for the student are being achieved; and (B) Revises the IEP, as appropriate, to address: (i) Any lack of expected progress toward the annual goals described in section 8-60-44(a)(2), and in the general education curriculum, if appropriate; (ii) The results of any reevaluation conducted under section 8-60-35; (iii) Information about the student provided to, or by, the parents, as described under section 8-60-37(a)(2); (iv) The student's anticipated needs; or (v) Other matters. (2) Consideration of special factors. In conducting a review of the student's IEP, the IEP team shall consider the special factors described in subsection (a)(2). (3) Requirement with respect to regular education teacher. A regular education teacher of the student, as a member of the IEP team, shall, consistent with subsection (a)(3), participate in the review and revision of the IEP of the student. (c) Failure to meet transition objectives: (1) Participating agency failure. If a participating agency, other than the department, fails to provide the transition services described in the IEP in accordance with section 8-60-44(b), the department shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP. (2) Construction. Nothing in this chapter relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency. (d) Students with disabilities in adult prisons: (1) Requirements that do not apply. The following requirements do not apply to students with disabilities who are convicted as adults under State law and incarcerated in adult prisons: (A) The requirements contained in section 612(a)(16) of the Act and section 8-60-44(a)(6) (relating to participation of students with disabilities in general assessments). (B) The requirements in section 8-60-44(b) (relating to transition planning and transition services) do not apply with respect to the students whose eligibility under this chapter will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release. (2) Modifications of IEP or placement. (A) Subject to subsection (d)(2)(B), the IEP team of a student with a disability who is convicted as an adult under State law and incarcerated in an adult prison may modify the student's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. (B) The requirements of sections 8-60-44 (relating to IEPs), and 8-60-15, do not apply with respect to the modifications described in subsection (d)(2)(A). [Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(1), 1412(a)(12)(A)(i), 1414(d)(3), (4)(B), and (7); and 1414(e), HRS §302A-1112) (Imp: 34 C.F.R. §300.324)