DOE Special Education Due Process Hearings

Since October 2002, the Office of Administrative Hearings (“OAH”), Department of Commerce and Consumer Affairs has been responsible for conducting all due process hearings for the Department of Education under the Individuals with Disabilities Education Act ("IDEA")

Special Education due process hearings brought under the IDEA, are governed by Title 20 U.S.C. §1415 et al., 34 CFR §300 et seq., Hawai`i Revised Statutes §302A-443, and Hawai`i Administrative Rules Title 8, Chapter 60.

The provisions of Hawai`i Revised Statutes §302A-443 can be viewed at link below:

doe.k12.hi.us/specialeducation/index_references.htm

The provisions of Hawai`i Administrative Rules Title 8 Chapter 60 can be viewed by using the following link:

http://www.boe.k12.hi.us/PUBLIC/ADMINR1.NSF/85255a0a0010ae82852555340060479d/a96bfdcf49e72a390a2576790079de56?OpenDocument

An unofficial version of the provisions of Hawai`i Administrative Rules Title 8 Chapter 60 pertaining to due process hearings can be downloaded by using the following link:

http://hawaii.gov/dcca/oah/forms/idea_/HAR_Title_8_Chapter_60-Due_Process_Hearings.pdf/view

Due process case decisions are posted on the Department of Education website (follow the link below):

http://doe.k12.hi.us/reports/specialeducation/dueprocess/

IDEA Due Process hearings informational materials and forms prepared by OAH can be accessed at the following webpage (follow the link below):

http://hawaii.gov/dcca/oah/forms/idea_/