HAR §8-60-52
HAR §8-60-52. State complaint procedures
Cite as Haw. Code R. § 8-60-52
(a) Applicability. This
subchapter applies to the filing, investigation, and resolution of a
complaint, including a complaint filed by an organization or
individual from another state regarding an alleged violation by the
department of one or more requirements of any of the following:
(1) Provisions of the Hawaii Revised Statutes relating to the
education of students with a disability or this chapter; or
(2) Part B of the Act or the implementing regulations (34 C.F.R.
Part 300).
(b) The department shall widely disseminate to parents and other
interested individuals, including parent training and information
centers, protection and advocacy agencies, independent living
centers, and other appropriate entities, the State procedures under
sections 8-60-52 through 8-60-54.
(c) Remedies for denial of appropriate services. In resolving a
complaint in which the department has found a failure to provide
appropriate services, the department, pursuant to its general
supervisory authority under Part B of the Act, shall address:
(1) The failure to provide appropriate services, including
corrective action appropriate to address the needs of the
student (such as compensatory services or monetary
reimbursement); and
(2) Appropriate future provision of services for all students
with disabilities. [Eff 11/23/09] (Auth: 20 U.S.C. 1221e-3, HRS
§302A-1112) (Imp: 34 C.F.R. §300.151)