HAR §8-61-2. Definitions

As used in this chapter: "Department" means the state department of education. “Manifestation Determination” means a process triggered by a decision to change the placement of a student with a disability because of a violation of a code of student conduct to determine: (1) if the conduct in question was caused by, or had a direct and substantial relationship to the student’s disability, or (2) if the conduct in question was the direct result of a failure to implement the 504 Plan. "Parent" means: (1) A natural or adoptive parent of a student with a disability; (2) A guardian appointed by the court but not the State if the student is a ward of the State; or (3) A surrogate parent who has been appointed in accordance with section 8-61-12. “Section 504” is in reference to Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §§705, 794; 34 C.F.R. Part 104). [Eff 08/20/09] (Auth: HRS §302A-1112) (Imp: HRS §302A-1112; 29 U.S.C. §705; 34 C.F.R. §104.3) SUBCHAPTER 2 EVALUATION AND REEVALUATION