IEP Discipline Procedures in Hawaii
Can a school suspend or expel a student with an IEP in Hawaii?
Hawaii discipline procedures for students with disabilities incorporate federal IDEA protections (34 CFR 300.530-300.536) as implemented through HAR § 8-56-46 through § 8-56-49. School personnel may remove a student with a disability for up to 10 consecutive school days for code of conduct violations without triggering change-of-placement protections. Removals beyond 10 cumulative school days that constitute a change of placement require a manifestation determination review (MDR) within 10 school days. Because HIDOE is both the SEA and sole LEA, all discipline decisions, manifestation determinations, and interim alternative educational settings are handled within the HIDOE system. HIDOE's Office of Student Support Services oversees compliance with discipline procedures statewide. Interim alternative educational settings of up to 45 school days are permitted for weapons, drugs, or serious bodily injury. Hawaii's restraint and seclusion policies under HAR § 8-19 are separate from disciplinary removals and apply to behavioral interventions generally. The Hawaii Revised Statutes chapter governing student conduct (HRS Chapter 302A, Part VIII) applies to all students including those with disabilities.
What Hawaii Requires
Students with disabilities may be removed for up to 10 consecutive school days for code of conduct violations without triggering IDEA change-of-placement protections (HAR § 8-56-46; 34 CFR 300.530(b)).
A manifestation determination review must be conducted within 10 school days of any decision to change placement for disciplinary reasons (HAR § 8-56-47; 34 CFR 300.530(e)).
If the behavior is a manifestation of the disability, the student must be returned to the prior placement and an FBA/BIP must be conducted or reviewed (HAR § 8-56-47; 34 CFR 300.530(f)).
Interim alternative educational settings for up to 45 school days are permitted for weapons, drugs, or serious bodily injury regardless of manifestation determination outcome (HAR § 8-56-46; 34 CFR 300.530(g)).
HIDOE must ensure educational services continue during disciplinary removals that constitute changes of placement, enabling the student to continue participating in the general curriculum and making progress toward IEP goals (HAR § 8-56-46; 34 CFR 300.530(d)).
Hawaii's general student conduct statute (HRS Chapter 302A, Part VIII) governs student behavior policies statewide, and must be applied consistently with IDEA protections for students with disabilities (HRS §§ 302A-1131 through 302A-1154).
Key Timelines
MDR must be held within 10 school days of a decision to change placement for disciplinary reasons (HAR § 8-56-47; 34 CFR 300.530(e)).
Short-term suspensions: up to 10 consecutive school days without triggering change-of-placement protections (HAR § 8-56-46; 34 CFR 300.530(b)).
IAES for weapons/drugs/serious bodily injury: up to 45 school days (HAR § 8-56-46; 34 CFR 300.530(g)).
Educational services must be provided during removals exceeding 10 cumulative school days (HAR § 8-56-46; 34 CFR 300.530(d)).