Overview

In determining whether a student needs special services under Special Education and/or Section 504, the school may invite the parent to a meeting, consisting of teachers, and possibly the counselor and/or principal, to discuss the student’s needs. The team may review student records, grades, test scores, etc., to determine whether an evaluation is appropriate and to determine what type of assessment(s) is needed. The school will respond within 15 days if an evaluation will or will not be conducted. Parental consent will be required for an evaluation to be conducted.

If a parent doesn't agree with the results of an evaluation, they may choose to file a formal or informal complaint. The chart below illustrates what that process looks like. (Click to print.)

​​​​​Special Education directory

Informational brochures

EQUAL EDUCATIONAL OPPORTUNITY

RIGHTS OF PARENTS AND STUDENTS UNDER SECTION 504, SUBPART D AND HAWAII LAW AND REGULATIONS

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PROCEDURAL SAFEGUARDS

The Procedural Safeguards Notice must be offered to parent(s)/legal guardian(s) of students who are eligible for special education under IDEA.  In accordance with Hawaii Administrative Rules, Title 8, Chapter 60, schools are required to provide the Procedural Safeguards Notice to parent(s)/ legal guardian(s) only one time a school year, except that a copy must also be given to parent(s)/legal guardian(s):

• Upon initial referral or parent(s)/legal guardian(s) request for initial evaluation
• Upon receipt of the first State complaint and upon receipt of the first due process complaint in a school year;
• In accordance with discipline procedures; or
• Upon request by a parent(s)/legal guardian(s).

If there are any questions with regard to the Procedural Safeguards, please contact your child's school, or the Monitoring and Compliance Branch, via e-mail at macb@k12.hi.us or at (808) 307-3600.