In the United States, children in kindergarten to twelfth grade have the right to a free appropriate public education (FAPE). Moreover, students with disabilities have the legal right to services and accommodations to support their education and ensure they can thrive personally, professionally, and academically.
As the 50th state, Hawaii is known for its gorgeous beaches, lush jungles, and fiery cultures. To ensure all students have equal access to education, Hawaii, like most other states, adopted regulations to prevent students with disabilities from getting left behind. In fact, during the 2022-2023 school year, 168,634 students received special education accommodations in Hawaii. Moreover, of the ones in 12th grade, 72.24% of them were able to graduate with a regular high school diploma.
When a public school district in Hawaii fails to provide a child with a disability with the special education services and accommodations they need to succeed, and they can be held accountable. Call (888) 535-3686 today for help or schedule a consultation online. You should not have to navigate these proceedings alone. Lento Law Firm can help.
What is Special Education?
Special education is a blanket term for the accommodations and services a qualifying student needs to be able to do their best in school. Qualifying students can have social, mental, emotional, or physical differences or disabilities that necessitate accommodations or services to help them access their education.
Relevant Laws
Under the Individuals with Disabilities Act (IDEA), students in kindergarten to twelfth grade have a right to special education services if they have an eligible disability. The legal document that outlines the services and accommodations they are being given is called an Individualized Education Plan. While federal law stipulates what should be included in an IEP, individual states have the right to expand on these requirements. For instance, in Hawaii, all IEPs for high school students must include transition plans.
Other relevant laws include the Americans with Disabilities Act (ADA), which applies to all citizens, not just students, and Section 504 of the Rehabilitation Act of 1973. Section 504 stands as the precursor to IEPs and provides students with the right to equal access to all parts of the school day. This means that while an IEP grants certain services and accommodations, a 504 plan would allow for changes in the classroom environment and the school's approach to teaching your particular child. Moreover, 504 plans are much less formal than IEPs. For instance, where IEPs need to be evaluated, written, signed, and witnessed, 504 plans don't even need to be recorded.
To determine which plan is better for your child, it is important to reach out to a qualified special education attorney for help.
Common Terms
There are several terms and acronyms that are used within special education, but that can make it difficult to understand what is being offered. Below, we've listed the most common terms and their definitions.
- Reasonable accommodations: services and support that the school district provides to a student should not unduly burden the school or a member of the school community. Instead, they will be effective but not necessarily the most effective or most expensive option.
- Least restrictive environment (LRE): places where students with disabilities should receive their education. Typically, this is decided based on what is in the best interest of the child. Often, they are in the regular classroom and school setting with non-disabled children.
- Free appropriate public education (FAPE): children in kindergarten to twelfth grade have the right to a FAPE, which includes the provision of services and support to students with disabilities.
Who Qualifies for Special Education in Hawaii?
Individuals under the age of 21 qualify for special education services in Hawaii, but only if they have a qualifying disability, including:
- Hard of hearing
- Deafness
- Vision impairments
- Blindness
- Autism
- Attention deficit disorder
- Intellectual disabilities
- Orthopedic impairments
- Health impairments
- Speech or language impairments
- Traumatic brain injuries
- Other specific learning disabilities
- Emotional disturbance
To determine whether a student has a qualifying disability, they must undergo significant testing and evaluation. For example, a student with disabilities in the Windward school district on the island of O'ahu must complete the following steps to qualify for special education services.
First, either your child's teacher or yourself must request an assessment for services. To determine if your child qualifies for services, the district will conduct a three-prong test:
- Does the student have a disability?
- Is the disability adversely affecting their ability to take part, or progress, in their education?
- Does the student need special education and related services because of their disability?
If the evaluating team determines that the child would benefit from special education services, they will notify the school district that an IEP meeting is necessary. The district is supposed to schedule an IEP meeting quickly. During the meeting, both the child's parent and other members of the IEP team will have a chance to put forth services and accommodations they believe will benefit the child's education. Once these services are agreed upon, they will be written into the IEP document and are supposed to be implemented immediately.
There are times when the school district will be slow to implement the services or determine that your child is not disabled – despite other evaluations that say otherwise. When this happens, a qualified attorney can help advocate on your child's behalf, encouraging the school district to comply with the different federal regulations.
What is Child Find?
Hawaii has adopted the federal child find law, which states that public schools must locate, identify, and evaluate children throughout the state who might need special education services. Parents and legal guardians can refer children to Child Find when they believe the child's health or medical condition is interfering with their development and/or learning, or when they have some other disability or difference that is affecting them. Typically, referrals are made in person, by phone, in an email or letter, or by using the State of Hawaii Request for Evaluation form.
After a referral is made, the school will likely invite parents to a meeting with the teacher, principal, and other school personnel. This team will review all of the information the parent and teacher provide and decide if a more formal evaluation is necessary.
If the team decides that an evaluation is not necessary, but you disagree, your attorney can reach out to the school and district on your behalf. The Lento Law Firm Education Law Team will work tirelessly to get the school district to understand your case. Hopefully, this will allow your child to not only be evaluated but also garner the services they need to succeed in school.
Types of Services Offered to Qualifying Students with Disabilities in Hawaii
There are several types of services that students with disabilities might qualify for, which can make it overwhelming to decide which type would benefit your child most. For instance, students who are hard of hearing can request services like a personal interpreter, someone to take notes for them in class, or even for the teacher to wear a microphone so they can hear them better.
However, no matter what services you request, the school district can decide which ones to actually provide for your child. Often, school districts will cite high costs or lack of funding as reasons why they can't offer a reasonable accommodation. In situations like these, it is important to push back on the school district. Do not settle for whatever services they are offering if you believe your child would benefit from something more substantial. For instance, in the case of the hard-of-hearing student mentioned above, if the school district decides to deny one of those requests and instead move the student's seat closer to the teacher, a parent can – and should – argue for the more beneficial service.
Having an attorney on your side from the moment you start the special education procedures can positively impact the outcome of your child's accommodations and support.
State Services
Hawaii offers a variety of services, including services for children between the ages of three and five who have yet to start kindergarten. The point is to begin providing qualifying children with support services to make their transition into elementary school easier.
Additional resources in Hawaii include:
- Leadership in Disabilities & Achievement of Hawaii is an organization that helps families navigate all of the educational, work, and life opportunities available for children and youth with disabilities.
- Family and Community Engagement is an organization that helps the Department of Education engage with families, schools, and communities around the state.
- Hilopa'a is an organization that provides children with disabilities, and their families, with referrals, technical assistance, and training.
Specialized Schools
There are seven school districts in Hawaii – called “complex areas.” A complex area incorporates the high school and the elementary and middle schools that feed into it. Some of the districts have alternative education settings for students with disabilities who would benefit from being separated from their non-disabled peers. The states Alternative Learning Programs, Supports and Services (ALPSS) office oversees the policies and procedures for separate schooling environments. ALPSS also helps support students in their regular public school as well.
Additionally, most schools provide special education support in the same setting. For instance, Hahaione Elementary in Honolulu provides parents with clear instructions on how to get their child evaluated for services, as well as the following steps. Other specialized schools include:
- Hawaii School for the Deaf and Blind in Honolulu
- Variety School of Hawaii in Honolulu
- AIM Hi in Honolulu
- Maui Learning Academy in Maui
For more information, reach out to a qualified special education attorney.
The Right to Special Education
All students have the right to a free appropriate public education, including students with disabilities. Further, students with disabilities have a right to special education services and accommodations.
No matter what kind of disability your child has, there are dozens of ways to provide them with the support and services they need to succeed, both academically and socially. Despite this, many schools fail to truly provide such services to students with disabilities. Instead, they focus on the cheapest services they can provide, or ignore parents hoping to get their child evaluated in an effort to save money.
Fighting for your child's academic and social success takes tons of time and effort. For parents who work or lack support so they can take the time to build a case to help their child, it can feel overwhelming and lonely. Many parents worry that they are taking the right steps – or if they are doing enough. Instead of trying to get help from a special education attorney, they try to go through these proceedings alone. And many of them are unsuccessful in their efforts, which can make all that time spent feel like a waste.
The attorneys at Lento Law Firm understand how overwhelming these proceedings are, and they know the kind of work that goes into making a case successful. As such, they will work tirelessly to address the school district and Department of Education for you, shoulder some of the burden, and prevent you from burning out.
Lento Law Firm's Education Law Team has spent years helping families around the country navigate special education proceedings. Not only will they advocate for your child's needs, but they won't stop until they receive a fair outcome. Protect your child's due process rights today by calling (888) 535-3686 or scheduling a consultation online.
