HAR §8-60-55. Procedural safeguards

General. Procedural safeguards identified. Students with disabilities and their parents shall be afforded the procedural safeguards, that meet the requirements of sections 8-60-56 through 8-60-81. [Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(6)(A), HRS §302A-1112) (Imp: 34 C.F.R. §300.121) 　 §8-60-56 Opportunity to examine records; parent participation in meetings. (a) Opportunity to examine records. The parents of a student with a disability shall be afforded an opportunity to inspect and review all education records with respect to: (1) The identification, evaluation, and educational placement of the student; and (2) The provision of a FAPE to the student. (b) Parent participation in meetings. (1) The parents of a student with a disability shall be afforded an opportunity to participate in meetings with respect to: (A) The identification, evaluation, and educational placement of the student; and (B) The provision of a FAPE to the student. (2) The department shall provide notice consistent with sections 8-60-46(a)(1) and (b)(1) to ensure that parents of students with disabilities have the opportunity to participate in meetings described in paragraph (1). (3) A meeting does not include informal or unscheduled conversations involving department personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that department personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting. (c) Parent involvement in placement decisions. (1) The department shall ensure that a parent of each student with a disability is a member of any group that makes decisions on the educational placement of the parent's student. (2) In implementing the requirements of paragraph (1), the department shall use procedures consistent with the procedures described in section 8-60-46(a) through (b)(1). (3) If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their student, the department shall use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing. (4) A placement decision may be made by a group without the involvement of a parent, if the department is unable to obtain the parent's participation in the decision. In this case, the department shall have a record of its attempt to ensure their involvement. [Eff 11/23/09] (Auth: 20 U.S.C. 1414(e), 1415(b)(1), HRS §302A-1112) (Imp: 34 C.F.R. §300.501)