HAR §8-61-13. General requirements

(a) No student with a disability shall be discriminated against on the basis of disability in the determination of prohibited conduct and disciplinary action, including all standards and procedures under the Hawaii administrative rules governing student discipline. (b) Disciplinary action that results in the suspension, including crisis removal, or other removal of a student with a disability from the student’s current educational placement for ten consecutive or cumulative school days or fewer shall not be considered a change in placement and shall be in accordance with the Hawaii administrative rules governing student discipline. (c) Disciplinary action that results in the suspension, including crisis removal, or other removal of a student with a disability from the student’s current educational placement for more than ten consecutive or cumulative school days in a given school year shall be considered a change in placement and shall be in accordance with the provisions of this subchapter. (29 U.S.C. §§705, 794; 34 C.F.R. Part 104). [Eff 8/20/09] (Auth: HRS §302A-1112) (Imp: Hawaii Const. Art. X, §3;HRS §302A-1101; 29 U.S.C. §794; 34 C.F.R. §§104.35, 104.36)