HAR §8-60-49. Private school placements by the department

(a) Developing IEPs. (1) Before the department places a student with a disability in, or refers a student to, a private school or facility, the department shall initiate and conduct a meeting to develop an IEP for the student in accordance with sections 8-60-44 and 8-60-48. (2) The department shall ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the department shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls. (b) Reviewing and revising IEPs. (1) After a student with a disability enters a private school or facility, any meetings to review and revise the student's IEP may be initiated and conducted by the private school or facility at the discretion of the department. (2) If the private school or facility initiates and conducts these meetings, the department shall ensure that the parents and a department representative: (A) Are involved in any decision about the student's IEP; and (B) Agree to any proposed changes in the IEP before those changes are implemented. (c) Responsibility. Even if a private school or facility implements a student's IEP, responsibility for compliance with Part B of the Act remains with the department. [Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(10)(B), HRS §302A-1112) (Imp: 34 C.F.R. §300.325)