Current through November, 2024
Section 8-60-52 - State complaint procedures(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 )