Section 8-60-59 - Procedural safeguards notice(a) General. A copy of the procedural safeguards available to the parents of a student with a disability shall be given to the parents only one time a school year, except that a copy also shall be given to the parents: (1) Upon initial referral or parent request for evaluation;(2) Upon receipt of the first State complaint under sections 8-60-52 through 8-60-54 and upon receipt of the first due process complaint under section 8-60-61 in a school year;(3) In accordance with the discipline procedures in section 8-60-75(h); and(4) Upon request by a parent.(b) Contents. The procedural safeguards notice shall include a full explanation of all of the procedural safeguards available under section 8-60-27, sections 8-60-52 through 8-60-54, section 8-60-31, sections 8-60-57 through 8-60-58, sections 8-60-60 through 8-60-72, sections 8-60-75 through 8-60-81, and section 8-60-84 relating to: (1) Independent educational evaluations;(2) Prior written notice;(4) Access to education records;(5) Opportunity to present and resolve complaints through the due process complaint and State complaint procedures, including:(A) The time period in which to file a complaint;(B) The opportunity for the department to resolve the complaint; and(C) The difference between the due process complaint and the State complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;(6) The availability of mediation;(7) The student's placement during the pendency of any due process complaint;(8) Procedures for students who are subject to placement in an interim alternative educational setting;(9) Requirements for unilateral placement by parents of students in private schools at public expense;(10) Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;(11) Civil actions, including the time period in which to file those actions; and(c) Notice in understandable language. The notice required under subsection (a) shall meet the requirements of section 8-60-58(c).[Eff 11/23/09] (Auth: 20 U.S.C. 1415(d), HRS § 302A-1112) (Imp: 34 C.F.R. §300.504 )