Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS
Section 11-140-11 - Due process hearing procedures
Current through February, 2024
(a) A due process hearing is available for the timely resolution of an individual child complaint by parents regarding the identification, evaluation, or placement of a child, or the Provision of early Intervention Services to the child with delayed development or at biological risk and that child' s family.
(b) A parent seeking a due process hearing shall submit the due process hearing request in writing to the department and it shall include:
(c) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received.
(d) Mediation shall be offered to allow parties an opportunity to resolve any matter, including those that arose prior to the filing of a due process complaint, consistent with section 11-140-9.
(e) If the department or early Intervention provider has not sent a prior written notice to the parent regarding the subject matter contained in the parent' s due process complaint, the department or early Intervention provider shall, within ten days of receiving the due process complaint, send a response to the parent that includes:
(f) Whenever a due process complaint is received, an impartial due process hearing officer shall be appointed to implement the complaint resolution process. The person shall:
(g) The due process hearing cannot be held until the parent or attorney representing the parent files a complaint that meets the requirements of subsections (b) and (c).
(h) The due process complaint shall be deemed sufficient unless the department notifies the hearing officer and the parent in writing, within fifteen days of receipt of the due process complaint, that the department believes the due process complaint does not meet the requirements in subsections (b) and (c).
(i) Any parent involved in a due process hearing has the right to:
(j) Any due process hearing shall be held at a time and place that is reasonably convenient to the parents.
(k) The department shall ensure that, not later than thirty days after the receipt of a parent' s due process complaint, the due process hearing is completed and a written decision mailed to each of the parties. However, a hearing officer may grant specific extensions of time beyond the thirty days at the request of either party.
(l) During the pendency of any proceeding involving a due process complaint, unless the department and parent of a child otherwise agree, the child shall continue to receive the appropriate early Intervention Services in the settings identified in the individual family support plan currently being provided. If the complaint involves an application for initial Services under this chapter, the child shall receive those Services that are not in dispute.
(m) Any party aggrieved by the findings and any decision of the due process hearing has the right to bring a civil action in State or federal court under 20 United States Code section 1439.