HAR §8-60-77. Appeal

(a) General. The parent of a student with a disability who disagrees with any decision regarding placement under sections 8-60-75 and 8-60-76, or the manifestation determination under section 8-60-75(e), or the department believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others, may appeal the decision by requesting a hearing. The hearing is requested by filing a complaint pursuant to sections 8-60-61 and 8-60-62(a) and (b). (b) Authority of hearing officer. (1) A hearing officer under section 8-60-65 hears, and makes a determination regarding an appeal under subsection (a). (2) In making the determination under paragraph (1), the hearing officer may: (A) Return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of section 8-60-75 or that the student's behavior was a manifestation of the student's disability; or (B) Order a change of placement of the student with a disability to an appropriate interim alternative educational setting for not more than forty-five school days if the hearing officer determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others. (3) The procedures under subsection (a) and paragraphs (1) and (2) may be repeated, if the department believes that returning the student to the original placement is substantially likely to result in injury to the student or to others. (c) Expedited due process hearing. (1) Whenever a hearing is requested under subsection (a), the parents involved in the dispute or the department shall have an opportunity for an impartial due process hearing consistent with the requirements of sections 8-60-61 and 8-60-62(a) through (c) and sections 8-60-64 through 8-60-68, except as provided in paragraphs (2) through (4). (2) The department is responsible for arranging the expedited due process hearing, which shall occur within twenty school days of the date the complaint requesting the hearing is filed. The hearing officer shall make a determination within ten school days after the hearing; (3) Unless the parents and department agree in writing to waive the resolution meeting described in subparagraph (A), or agree to use the mediation process described in section 8-60-60: (A) A resolution meeting shall occur within seven days of receiving notice of the due process complaint; and (B) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within fifteen days of the receipt of the due process complaint; (4) The State shall ensure that the requirements in sections 8-60-64 through 8-60-68 are met; (5) The decisions on expedited due process hearings are appealable consistent with section 8-60-68. [Eff 11/23/09] (Auth: 20 U.S.C. 1415(k)(3) and (4)(B), 1415(f)(1)(A); HRS §302A-1112) (Imp: 34 C.F.R. §300.532)