IEP Timelines in Hawaii

What are the IEP timelines in Hawaii?

Hawaii has a comprehensive set of timelines governing every stage of the special education process. The most critical Hawaii-specific timeline is the 60 calendar day initial evaluation timeline (not school days), which means the clock runs continuously including during school breaks (HAR § 8-56-16). Key timelines include: 60 calendar days from written consent for initial evaluation; 30 calendar days to develop the initial IEP after eligibility determination; annual IEP review; triennial reevaluation; prior written notice before proposed actions; 15 days for resolution meeting after due process complaint; 30-day resolution period; 45 days after resolution period for final hearing decision; end-of-school-day parent notification after restraint/seclusion; one school day for incident report after restraint/seclusion; three-incident trigger for behavior support plan review; 90 days before third birthday for early intervention transition conference; age 16 for transition services in IEP; age 18 for rights transfer; and age 20 for FAPE eligibility end.

What Hawaii Requires

Hawaii's 60 calendar day evaluation timeline runs continuously from written consent — including during school breaks — making it potentially shorter in practice than states using school days (HAR § 8-56-16).

FAPE ends at age 20 in Hawaii (through the end of the school year the student turns 20), not age 21 as in most states (HRS § 302H-1).

The all-party recording consent law (HRS § 803-42) creates an immediate compliance obligation whenever a parent seeks to record an IEP meeting — consent from all participants must be obtained before recording begins.

Restraint/seclusion incident reporting has both a same-day parent notification requirement and a one-school-day written report requirement (HAR § 8-19-9).

Because HIDOE is simultaneously the SEA and sole LEA, all timelines are administered and enforced by the same entity — HIDOE OSE monitors compliance with its own schools (HRS § 302A-101).

Key Timelines

60 calendar days: initial evaluation completion from written parental consent (HAR § 8-56-16).

30 calendar days: initial IEP development after eligibility determination (HAR § 8-56-28(a); 34 CFR 300.323(c)).

Annual: IEP review (HAR § 8-56-32).

3 years: triennial reevaluation (HAR § 8-56-20; 34 CFR 300.303).

60 calendar days: state complaint investigation decision (34 CFR 300.152(a)).

1 year: deadline to file state complaint (34 CFR 300.153(c)).

15 school days: resolution meeting after due process complaint (HAR § 8-56-53; 34 CFR 300.510(a)).

30 days: resolution period before hearing may proceed (34 CFR 300.510(b)).

45 days after resolution period: final due process hearing decision (HAR § 8-56-54; 34 CFR 300.515(a)).

10 school days: MDR after disciplinary change of placement (HAR § 8-56-47; 34 CFR 300.530(e)).

End of school day: parent notification after restraint/seclusion (HAR § 8-19-9).

1 school day: incident report after restraint/seclusion (HAR § 8-19-9).

3 incidents in school year: mandatory behavior support plan review (HAR § 8-19-10).

90 days before 3rd birthday: early intervention transition conference (HAR § 8-56-53; 34 CFR 300.124).

Age 16: transition services in IEP begin (HAR § 8-56-28(b)(8); 34 CFR 300.320(b)).

Age 18: rights transfer to student (HAR § 8-56-28(b)(9); 34 CFR 300.520).

Age 20: FAPE eligibility ends in Hawaii (HRS § 302H-1).

90 days: deadline to appeal hearing decision to court (HAR § 8-56-57; 34 CFR 300.516(b)).

Sources

More Hawaii IEP Topics