Report Title:

DOE; SPED; Due Process; Hearings

Description:

Extends from 90 days to one year of a unilateral special education placement, the time allowed for parents or guardians or the Department of Education to request an impartial hearing regarding reimbursement for the costs of a child's placement.  Requires that the rules include provisions for the reimbursement of expert witness and other relevant fees and expenses associated with a hearing, limited to the prevailing party.  (HB2186 HD2)

HOUSE OF REPRESENTATIVES	H.B. NO.	2186
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 2
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 as follows:

     1.  By amending subsection (a) to read:

     "(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 year of a unilateral special education placement, where the request is for reimbursement of the costs of the placement."

     2. By amending subsection (c) to read:

     "(c)  The department shall adopt rules that conform to the requirements of any applicable federal statutes or regulations pertaining to the impartial hearing based on the education of a child with a disability.  The rules [shall require]:

(1) Shall provide that any party may be present at the proceeding[,] and may be accompanied and advised by counsel or individuals with special knowledge or training with respect to the problems of children with a disability[, may require];

(2) Shall require witnesses to be under oath[,];

(3) Shall provide that any party may cross-examine witnesses[,] and obtain a written or electronic verbatim record of the proceedings[.]; and

(4) Shall provide that the prevailing party is entitled to the reimbursement of expert witness and other relevant fees and expenses associated with a hearing."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2020.