IDEA and the Law in Hawaii:

Federal Law

The Individuals with Disabilities Education Act was reauthorized by Congress as “The Individuals with Disabilities Education Improvement Act of 2004.” The entire statute is printed in the United States Code as 20 U.S.C. § 1400 et seq. The Code of Federal Regulations contains the regulations as published by the U.S. Department of Education and are printed as 34 C.F.R. § 300 et seq.

State Law

The State of Hawaii has incorporated these into the Hawaii Revised Statutes as Chapter 56. The State may expand on the rights of students as defined under IDEA, but they may not restrict or limit the federal law.

Resolution Sessions/Proceeding to an Administrative Hearing

A request for an impartial hearing is filed with the Hawaii State Department of Education (DOE), through the appropriate District Office. A resolution session must be held within 15 days of filing the request at which time the DOE is allowed one last chance to resolve the issue(s) prior to litigation. If the resolution session is a success, a settlement agreement is developed and signed. You may request the DOE to pay any attorney fees incurred up to this point. If the issue(s) are not resolved, or only partially resolved, the unresolved issue(s) proceed to a hearing with the Office of Administrative Hearings, part of the state’s Department of Commerce and Consumer Affairs. The Administrative Hearings Officers (AHO) assigned to hear IDEA cases are quite experienced in special education law, and hear such cases almost exclusively. A typical due process hearing is a closed (private) hearing unless the parent requests otherwise and lasts three to four days during with witnesses are called and exhibits submitted.

Decisions and Appeals from Decisions

It generally takes up to two months from the date of filing to get a decision from the Office of Administrative Hearings. Either party has 30 days following the decision in which to file an appeal. An appeal from an AHO’s decision may be filed either with State or Federal Court. It is generally felt by special education attorneys that the federal court judges are extremely well versed in IDEA and the applicable case law controlling such decisions. The State of Hawaii’s federal courts must follow the Ninth Circuit Court of Appeals decisions unless there is an applicable Supreme Court decision relating to the matter before it. Appeals to federal court may take up to two years to resolve.

Statute of Limitations

In Hawaii, there is a statute of limitations of two years. This means that you may only seek resolution through a due process hearing if the DOE’s IDEA violation happened in the last twenty-four months from the date of filing the petition. Exception If a parent wishes to seek reimbursement for a unilateral private school placement, they must notify the DOE of their intent to do so within 180 days of enrollment.

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