Report Title:

DOE; SPED; Due Process; Administrative Hearings

 

Description:

Extends the deadline within which to file a request for a due process hearing relating to the education of a child with a disability from ninety days to one hundred and eighty calendar days when the request is for reimbursement of costs of a child's placement.  (SD1)

 


THE SENATE

S.B. NO.

2004

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EDUCATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 302A-443, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  An impartial hearing may be requested by any parent or guardian of a child with a disability, or by the department, on any matter relating to the identification, evaluation, program, or placement of a child with a disability; provided that the hearing is requested:

     (1)  Within two years of the date the parent, guardian, or department knew or should have known about the alleged action that formed the basis of the request for a hearing; and

     (2)  Notwithstanding paragraph (1), within [ninety days] one hundred and eighty calendar days of a unilateral special education placement, where the request is for reimbursement of the costs of the placement."

     SECTION 2.  Statutory material to be repealed is bracketed


and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.