11-147

TITLE 	11
DEPARTMENT OF 	HEALTH
CHAPTER 147
Sec. 	11-147-1
HEALTH SERVICES 	TO EXCEPTIONAL 	CHILDREN
DNDER P. 	L. 	No. 	94-142
§11,--147-1
§11-147.-2
§11-147-3	. 	.
§11-147,--4
§ll-147-5
§11-147-6
§ll-147,...7
§11-147-8
§ll-147,...9
§ll-147-dO
§11-147-11
§11-147-12
Purpose
Definitions
Occupational 	therapy 	and 	physical
therapy 	services
School 	health 	services
Non-psychiatric 	medical 	services
Mental 	health 	services..;,clinical
evaluation 	and mental 	heaith 	status
Mental health 	services 	treatment
Aμdiological 	services
farent 	counseling 	and 	training
Impartial 	hearing
Confidentiality of 	information
Services. limited 	by available 	funding
§11-147-1 	Purpose. 	The purpose 	of 	this 	chapter 	is
to 	establish rules.governing: 	.
(1.) 	.··The 	provision 	of mental 	health 	ser\dces,
OCCUpg.tional 	therapy, 	physical therapy,
audiological and medical 	services .for diag-
nostic 	or,evaluation 	purposes,· and. 	school
hea,lth:services:to 	exceptional 	children who
are 	handicapped 	andsfound 	eligible 	to 	receive
a:free. apprQpriatepublic 	education 	pursuant
t.o the 	Education 	for.All 	Handicapped Children
Act 	qf 	HPS, 	P. 	L. 	No. 	94-142, 	20. u.s.c.. 	,
§1401 ~~t 	seq., .,by the 	departm.ent 	of 	educa..;,
tion; 	and 	• 	· 	•
(2.) 	the. provisioh (0f mental 	health and,
audiological 	and:medical 	services 	for 	diag..;,
nostic 	or 	evaluation 	purposes 	to children
s11sp1::cted ..of 	being 	handicapped. 	It 	is
intended 	that 	the 	provisions 	of 	fhischa.pter
be 	implemehted.:in 	conjunction with 'the 	rules
of 	the 	department 	of 	educa.tion 	relating 	to
.the. provision 	o£Ja 	:f.ree 	apJ?r6priate 	public
147,...1·

Sec. 	11-14 7.:-1
education 	for 	exceptional 	children who 	are 	handicapped.
[Eff. 	APR 	1 2 	] 	(Auth: 	HRS 	§321-9)
(Imp: 	HRS 	§301-27)
§11-147-2 	Definitions. 	As 	used 	in 	this 	chapter:
"Audiological 	services 	for 	diagnostic 	or 	eval-
uation 	purposes" 	means 	services 	provided 	by 	a 	licensed
audiologist 	to 	test 	and measure 	a 	child's 	ability 	to
hear, 	assess 	the 	type, 	severity and 	site 	of 	any 	hearing
impairment, 	and 	identify 	any 	communication 	disorder
which may 	affect 	the 	child's 	speech, 	language, 	auditory
function, 	or 	auditory 	behavior~. 	• Such· services 	may
include 	audiometric 	testing, 	impedance 	testing, 	central
auditory 	assessment, 	brain1stem evoked 	response 	..
testing, 	vestibular 	testing, 	and-hearing 	aid 	eva:i~
uations. 	•
"Clinical 	evaluation~of mental 	health 	status"
means 	a 	ciinfcai 	assessment 	conducted 	by 	the 	mental
health division children'.s 	staff <Under 	the 	supervi9ion
and 	review of 	a 	depart:ment<psychiatrist or 	clinical
psychologist; 	or 	a 	li:censed 	psychiatrist 	or 	clinical ••
psychologist 	contracted by 	the 	department's 	mental
health divis,icm,. for 	the 	purpose rof 	formulating 	a
diagnos,tic 	a11d 	prognostic 	impression 	about 	a 	child 	to
be 	used by 	the 	department 	of 	education multi-
disciplinary 	evaluation 	team and 	school 	personnel, 	to
determine 	whether 	a 	.child 	is 	handicapped and t;qerefore
eligible 	to 	receive 	special .education 	and,related
services 	pur:suan.t to .p .,;L. 	94.:-142 ,• or to 	contribute 	to
the 	formula,tion,of 	an ap};{ropriate 	educational 	program
and 	placement 	for,. an 	eligible 	handicapped) ·cJ:1:ild.
11 pepartment" 	means 	the idepartmen<t• of health.
"Direct 	treatment. services!' 	(DTS) 	means 	those
re},atecl services 	specifically 	designed 	to 	meet 	the
unique 	needs 	of 	a 	particular .. handicapped child, 	which
are 	provided 	t9 	facilitate 	the. child'' s 	achievement 	of
the 	goals 	and objectives. ridentified 	in the 	child's 	IEP.
It 	includes 	individual 	and 	group .activities,
instruction, 	training, 	therapy, 	counseling, 	or 	treat-
ment 	for 	th.e. child. 	D'l'S 	are 	pr.ovided by personnel
other than 	the.child's 	teacher. 	•
''Distr.ictn means 	any 	of 	the 	seven 	specific 	geo-
graphic 	school 	sliyisions 	of 	the 	State 	as 'designated 	by
the 	department 	of 	edu9ation.
".Evaluation" 	means 	those 	activities 	involved 	in
gathering- inf.9rmation about 	a .specific 	child 	to 	deter-
mine •whether -a 	<;::hLLd is. eligible .for 	special( education
services 	and 	the 	nature 	and 	extent 	of 	the 	special
147:-2

Sec.: 11-14 7-2
education 	and 	related: services the 	child'. nee'ds. 	An
evaluation 	is 	made 	up of 	separate 	assessments that/
cover 	all 	areas 	related 	to 	the 	suspected 	disability,
including wher'e. approprrate:/ ,heal th, 	vis ion, 	hearing,
social 	and .·emotional 	status, 	general<intelligence,
acaqemic 	performance, 	\communicative 	status, 	and 	motor
abi;lities. 	(The 	department 	shall prepare 	only those
pa.rti9ular as.sessments 'more specifically defined 	and
desci::ibed 	in .this 	chapter;.) 	Testing 	and 	evaluation
mat,erials;an<:l procedures ·used•:for 	the 	purposes 	of
evaluat:Lon .a.ndplacement of)handicapped·children 	shall
be 	selected,and 	admihistere<il. 	so as :not ·to 	be ·racially
or .pμlturally,discriminatory. 	Evalfuation·ericdmpasses
the 	f9Jlo\'l:ing·,terms,ahd 	activities:
(l) 	Crti.ldren who 	have 	a speech impairment may 	not
need a•comp:lete 	batt~ry of iassessments 	(such
as 	those 	for 	psychoil.og:ieal, 	physica;I., 	or
cidapt:i ve 	behavior) . .. 	However, 	qu.alif .:i.ed
speech ahcl.tdanguage 	personnel 	would: • • 	.
,(A) 	Evaluat~ each 	speech 	impaired 	child
using 	procedures>that are 'appropriate
;fOJ;Jthe. diagnosis::and appraisal 	of
speech 	and 	language 	disord~rs, 	and
.· Where ,necessary,, Jma.ke 	referrals 	for
ac'lq,itionid 	assessments 	needed to 	make 	an
appropriate 	placement qecision.
rn,.itial 	or 	pre.;:.placement 	eva:Luation means., the
f;i,r~rt 	qqmprehensive~,. full 	and 'individual . , ••
evaluation,that:is 	coI'lducted 	for"any 	child
suspec~eGJ.:•of Jbeing 	handicappeff; 	• •
f;3y 	Rereva;I.μati<Jm· means :a 	comprehensive 	e~q'.1-
,,'ll:at,ion >of;. a :handicapped 	child 	that 	is~'con:..:.
duc:ted eve.i::y.'bhree 	years 	or'rriore>:frequehtly
(4)
.if 	conditions 	warra,ri.t; 	or 	••
if the :child's .)pa.rent er:tea.cher 	requests
,one;.
';~upplementa.l :a,ssessment mean~ 	a.Ii •a.ss·essment
•• 1:qa,t 	is 	deemedcnecessa.ry •in :order. to 	obt~hn
)adc}it:Lonal ·infiormatil0n aboti.€ a: hand:fdi.pped 	.·
•P,hild which is 	conducted 	af·ter 	a ·ha.ndica.p'p.ed
c11iJc:i is 	pl.aced 	in 	a,:speciaI educ~tion 	••.
12rog.ra:m; 	such assessment•s 	ma·y J:?'e 	in ,area,s
suph, a,s :menta·l 	health serv:ices, 	speech or
occupational 	or 	physical 	therapy; 	.and 	. •
Ind~penoent:educa tiona:11' eva':luation· meahs 	a,n
. eva;luation·:conducted hy . . 	qual:Lf ied examiner
who 	is: not: employed :by a :pμblic 	a.gency 	'·
r~sponsti.ble. f:or 	:tihe 	edu6ationc Qf the<child in
qμestion; 	whenever:an.independent 	evalu:a-t:ion
14:J.;..3L

Sec. 	11-14 7.- 2
is 	at 	publ:Lc 	exI)ense,<criteria 	for 	conducting 	the•
evaluation 	shall meet 	State. standards.
Unless the 	term 	!'child." 	or 	"student" 	is 	used 	to·
descrihe 	a 	person wh9;(is 	suspected 	of 	being 	a 	handi.,.;,
capped 	ch:Lld, 	"exceptional 	child(ren)•, 0
who. is 	.
handicapped II,. "handicapped child.(ren}", 	}'l'landicappe~l
studept", 	"child" 	or 	llstudent" 	means 	a 	person• residing
in 	the 	State 	who will.be 	at 	least:three 	years •Of 	ageion
or 	before December 	31.of 	the•.school 	year 	and 	under
twenty years 	of 	age 	on •the 	first 	instructional day' o·f
the.school 	year, 	who 	has 	been 	found 	eligible 	for
specia:L education 	and 	related 	services 	by 	th~·depart-
ment of 	education 	due: to 	the presence 	of 	one• or; IUofe ·cf
the 	following 	handicapping.. conditions: 	mental ·retarda-
tion, 	hearing,i.mpair:mentc, 	speech 	irnpairmeht, 	visual
impairment,· serious 	emotional 	disturbance; 	orthopedic
handic 9p 	or othe.r 	heaJ.,th Ji.mp.airment, 	deaf..:...blindness,
severe .mul tipl.e •handicaps, 	or 	specific 	learning
disability ..Any and 	all 	rights 	conferred.upon 	parents
by 	this 	chap.te:r 	shall: be ..trans•fer:ted 	to 	any 	student who
reacheseighteenyectrs 	of,.age and 	has 	not 	been 	found
incapaci. tated 	:under 	section 5.60: 5-:,-101,· Hawaii 	Revised
Statutes.··
"Individualized·education program" 	(IEP) 	means 	a
written 	statement, 	d.eveloped 	jointly by 	the 	handicapped
child's 	parents,. department 	and 	department. of 	eq.ucation
personnel, 	which .. includ,es 	a 	statement 	of 	the·.child's
present 	levels 	of .edqcational 	performance, 	a statement
of 	annual 	goals~ 	inclqd:Lng 	short.,.;,term objectives, 	a
statement 	of 	~pecific 	special.education 	and 	related
serv:Lces 	to.be,provided 	to 	the 	child 	and 	the 	extent 	to
whiqhtne 	child 	\\1il1, 	be 	able 	to 	participate 	in 	regular
education programs, 	.the 	projected 	dates 	for 	initiation
of 	services 	and 	the 	anticipated 	durationof.the 	serv-
ices, 	and 	apprqpriate.objective 	criteria 	and
evaluation 	procedures 	and 	schedules 	for 	determining, 	on
at 	least 	an 	annual 	basis, 	whether 	the 	short.,.;,term 	•
ini:;tructional 	objectives.• are. being 	achieved.
"Medical 	services· for 	diag.nostic 	or evaluation
purposes" 	means 	services 	pr.ov.ided by 	a 	licensed 	physi-
cian 	to 	identi.fy 	any medically 	related handicapping
conditiqn(s} 	and the 	r:elationship(s), 	if 	anY, 	between
that 	condition(s) 	and, 	the child's 	educational 	activ-
ities. 	•
'~Mental 	health .division children's 	staff" 	nteans
those. persons 	employed 	or whose 	services,a:recontracted
by 	the 	depa:i:;-tment's 	mental 	health division 	to 	provide
mental health 	servi;ces 	to 	children. 	These 	persons
include 	the 	s.taff 	of 	the 	children I s mental 	heal th
147,...4

Sec. 	11-147- 2
services 	branch,· the 	adolescent.unit 	of 	the 	state
hospital 	brartch,•the 	children's 	teams 	of 	children's
services 	units 	of 	the 	various .. mental 	health 	centers,
an~ 	the 	courts 	arid-corrections 	btanch.
"Mentai 	health 	services" 	means 	psychiatric 	br
psychological 	services 	fof 	the8purposes 	of_obtaining
data .to 	be .1.1sed. in 	determining 	whether 	a 	child -i·s
handicapped 	and 	theref6re .. eiigible 	to 	receive 	~pecial
education 	and 	related 	services 	pursuant 	td 	P.L~ 	94-142,
and 	providinge:::onsultatioh and 	trainingto_school
perso~nel, 	agd 	individualized 	counseling 	a~d 	therapy 	to
an 	eligible 	handicapped 	child. 	•
•• 	!11'-:1u}ti-:-disc;i.plinary.·.:.evaluation 	team" 	means 'the
group 	oi 	per§ons 	designated bj·this 	chapter 	ahd 	a
department 	of _education 	district 	superihtendent'to
eva,luate 	chi:Ldren·who 	are 	handicz:apped or 	suspected•of
being 	ha,ndtcappedt
"Occupai:ional 	therapy." 	means 	those 	SE=J:?vices
including 	evaluation# 	problem 	identification 	and
treatment, 	p:i::ovidecl 	by 	a 	certified, 	registered•occt:1pa:-
tio~al 	therapist 	or _a certified occupational 	therapy
assistant 	to 	improve 	the 	handicapped 	child r;s 	ability 	to
perform 	in 	the 	areas 	of 	self-maintenance, 	and 	sensory,
motor, 	and 	perceptual 	skills 	required 	of 	a 	productive
member :in :the 	co:rnni.unity. 	_ 	_. 	_• 	•
"P;hysiqal; therapy 11 means 	those _seJ?vices f 	indlUding
evaluation,;program planning; ,treatment, 	consultation,
and 	instruction, 	provided 	or 	supervised byca 	licensed
physical. th_er~~Bist, • I?hY:S;ica:l ·d:herapyi:assistant, ·or
thei:-.apy. aide 	to 	prevent .:.;cir minimize trl.e 'effects 	of 	a
physical :discl:bJl~ty ,or .dy:s.function ·and to 	enhance 	the
student's 	potential 	for 	independent 	functioning .in
areas c±:nol~djng Inob,i.:1:ity.:., .:.:self 	help 	ski\115, 	gross 	motor
developmentL, 	~nd 	h.ea.lth:nia±n.,tenancet ~df 	the nlusculo-
ske,1.eta_l 	system. 	_ 	•
• 	"Rela.ted 	se):'.'yices.!b b:neans 	mentar health 	serv1
ices,
occupation 9 :L: ;tj:l.erapy;, ;pJhysical'- the~apy/ au,diological
and 	medic~luservicesl for dia:gnGstic 	or e.va'.1:ua,'tion
purpoe;es ,. parent counseling: and 	training; 	a.nd school
heal th 	services 	which 	are 	required 1t6 ·assist" .a 	handi-
capped 	chil¢i- :to 	benefit. ·f rom:.:.special •educ a tidn.
: 11s.c:ijoof heal th :~er:v1ces II 	means 	f i:.rst:J a·ra. and
indi vidua.J.i zed heal;ph care 	servi~e i 	preventiv;e 	hea·l th'
ca:i::e,, 	ctl;).d);ieaJJ:_h ,appraisals and 	f:ollow;..up 	car5=:which •
are 	p:i::ovia.~d :by.,§c:hool 	riurses, healuh· aj__des, 	and)·other
qua.J.if;i.ed' .p_e:i:-so;is:, 	pμrsuant .to 	title 	11,: dnapter 	146,
Adm_inistrative 	Rules.,, 	• 	• •

Sec. 	11-147~2
"School 	nurse" 	means 	the 	registered 	professional
nurse 	assigned 	by 	the 	department 	to 	the 	school 	health
complex.of •which a 	particular 	school 	is 	a 	part, 	who 	is
responsible 	for 	providing 	and/orcoordinati11g 	the
delive:r:y,of 	school 	health 	services within 	that:. 	complex.
•·' 	Student 	oriented corisulta.tion" 	(SOC) 	means
conferring with 	the 	:teacher(s) 	of 	a 	particular 	hahdi-
cappec::lstudent• regarding 	physical 	therapy,
occupational 	therapy, 	or 	mental 	health 	treatrnent
services 	i;-esponsive 	to 1 the 	unique 	needs 	of 	that 	stu-
dent. 	Consultation 	is 	provided 	to~a.ssist >f:he 	. 	.
teacher(s) 	in 	the 	implementation 	and 	assessment 	of 	the
services,: _and 	goals 	and 	objectives 	whicfi>:have::been 	or
may 	approp:i;iately 	be 	developed 	for-that 	student.
IITeachei;- oriented 	consultation" 	(TOC) 	mearis
confe;i:Ln~ with teacheris)) 	of 	handica.pped 	~Bildren 	to
assist 	thern 	in 	the 	development 	and 	maintenance'of 	a
th~rapeuti;c ,learning 	environment 	for 	ha.nd.ica.pped. 	. 	..
_children. 	~E;ff. 	1AP:R 	l :? 	J 	(Auth: 	Hl{S 	§321;..9)
(Imp: 	HRS.§JCH-:-27; 	34.C.F.R. 	§§300.4, 	300.5 	300;13,
300.14,:.300;3461 	300 . .503., 	300 .. 532, 	300.534, 	• 	•
300.5.:10-~543) •
§11-147-3 	ational 	thera 	and
therapy .. servic.es. 	a 	·An .oceupa.tiona 	t 	erapist 	or
phys_ical 	therapist 	shalLrespond to 	a 	request 	for
evaluation 	from a 	district 	by: 	. 	. . 	•
(1) 	Determiriing whether 0 :the 	child requ.i::i;-es
()pcupationa,l "or physrca1": ther·apy to' benefit
from 	special 	education, 	and 	identifying 	those
needs; 	• 	. 	• 	. 	•
(2) 	Sll~mit:tipg a:-wri tften ,report :to the mcil'ti-'- 	.
discip:lrnar.:t .eNaluation 	team outlining 	the' ••
child's 	identified 	need 	for 	occupational 	or
physical 	therapy 	servic'es; 	arid 	..,)
(3) 	Participat:Lpg :'.as· a mulfti-.discipiin:a.ry 	eval;..
li,cl;tion 	team. member 'in .meetings"cconv'ened by
•the 	district 	for 	the 	purpose 	o·f 	cbmplet:i.ng
sucll 	e~alt:ta tion. 	• 	•
(b) 	. An:.- pccμpational 	therapis·t 	or 	physipal
therapist,· o:r 	a; designee, familiar 	with 	the 	st,iident' s.
needs, 	shall• participat:.e .. in 	all 	meetings 	in which 	• • ..
occupational or 	physica.l :therapy ma.r be 	considered 	as
an.ap]2:t°QEJ:iate,re1a1:ed,service-for.ahandica!;)ped child~
(Ofie 	of 	t.l:le multi-disciplinary 	evaluation 	team members
or 	the 	child's 	special 	education 	teachers 	rnay 	serve 	a:s
the 	therapist's 	designee, 	if 	the 	therapist 	has
furnished 	the 	designee 	with 	all 	necessary 	information
147-,.6

Sec. 	11-147-4
prior to 	the 	meeting.) 	The 	therapist 	or 	designee 	shall
be 	responsible 	for 	specifying 	the 	nature, 	intensity,
and 	duration 	of 	physical 	or 	occupational 	therapy
proposed 	for 	inclusion 	in the 	child's 	IEP.
(c) 	Occupational 	and 	physical 	therapy 	include
teac.her 	oriented 	consultation 	(TOC) , 	student oriented
consultation 	(SOC), 	and direct 	treatment 	services
(DTS) .
(1)
(2)
(3)
When 	.TOC 	serv.ices 	are 	required, 	the 	physical
or 	occupational 	therapist 	shall provide
resource 	consu.ltation 	including 	sharing
information 	or 	demonstrations 	to 	assist 	the
teacher(s) 	of 	handicapped 	children 	in' dealing
.with situations 	and 	programs 	common 	to
special 	education ~tudents 	with 	physical 	or
learning disabilities 	or dysfunctions.
When SOC 	services 	are 	required, 	the 	physical
or 	occupational 	therapist 	shall 	provide
direct 	consultation 	relating 	to 	physical 	or
occupational 	therapy 	to 	assist 	the 	teacher 	in
managing 	a 	particular 	child. 	It 	may 	include
assistance 	in 	the 	programming 	of 	goals 	and
objectives 	for 	the 	child, 	assessing 	the
child.'·s .. progress 	toward 	these 	goals 	and
objectives, 	and 	providing 	program 	suggestions
including 	information 	or 	demonstrations.
When 	direct treatment 	services 	are 	required,
occupg.tional 	and 	physical 	therapy 	in 	indi-
vidual 	or 	group 	situations 	will 	be 	provided
to 	the 	hg.n.dicapped 	student 	to 	assist 	the
student 	to 	benefit 	from 	special 	education.
(Eff. 	R 	l 	(Auth: 	HRS 	§321:...9)
(Imp{ 	HRS 	sao1~27; 	34 	C.F.R. 	§§300.4,
300 .. 13i 	300.34:4-.346, 	300.503, 	300·.532,
300.534, 	300.540-.543, 	300.552)
§11-147-4 	School health 	services. 	(at 	School
health 	serv.i,ces 	whicb.are,available 	to 	regular 	educa-
tion 	students 	sb~ulo. be 	available 	to 	handicapped
students, ✓-p:irnvio.ed that, the 	limitations 	as 	to 	the
amount 	of 	t.i,me 	spent 	by·the 	school 	nurse 	and 	the 	number
of 	school 	yisits 	made 	daily 	by 	the 	school 	nurse
specified 	in.::$ection 	11-146-6 	(c) 	shall 	not 	apply 	to
handicappeq, 	students. 	In 	addition, 	the 	school 	nurse
shall 	prepa~e 	a~nursing 	evalu~tion 	for 	a 	particular
h~ndicapped 	qhild 	when 	the 	child 	is 	referred 	to 	the
school 	nurse 	by 	a 	district.
147-7

Sec. 	11-147-4
(b) 	In 	preparing 	the 	nursing .. evaluation, 	the
school 	nurse 	shall 	assess 	the 	health of 	the 	handicapped
child, 	identify 	the .kinds 	of. school 	health 	services
which 	the 	handicappedchild 	requires 	to 	meet 	the
child's. unique 	needs, 	and 	develop, 	coordinate 	or
provide those 	school 	health 	services which 	are 	required
to 	allow the 	child 	to 	benefit 	from 	special 	education.
The 	school 	nurse 	shall 	obtain 	and 	review any 	and 	all
information, 	including 	the 	written results of 	a 	phys-
ical 	examinatioh 	from 	the 	studentts physician 	and
family, 	in 	preparing 	the nursing 	evaluation.
(c) 	The 	school 	nurse 	shall 	furnish 	a 	copy 	of 	a
student's 	nursing..evaluation 	to 	the 	school 	and 	attend,
or 	designate 	a 	person 	familiar 	with 	th~ 	student's
school 	health 	services needs 	to 	attend,- all 	meetings 	in
which 	school 	health 	services may 	be 	considered 	for
inclusion 	as 	a 	related 	service 	in 	the 	student's 	IEP.
[Eff. 	] 	(Auth: 	HRS 	§321-9)
(Imp: 	HRS 	§301-27; 	34 	C.F.R. 	§§300.4, 	300.13,
300.344-.346, 	300.503, 	300.532, 	300j534, 	300.552)
§.ll-14 7 ;..5 	Non-ps¥chiatric 	medical 	services. 	(a)
Medical 	services 	for 	diagnostic 	or 	evaluation 	purposes
other than 	for 	psychiatiic 	evaluations 	shall 	be 	pro-
vided 	by 	the 	department:
(1) 	When 	the 	department of 	education 	has 	not 	been
able 	to 	obtain 	a 	written 	report 	of 	a 	current
medical 	examination 	for 	a 	handicapped 	child
or 	a 	child 	suspected 	of 	being 	a 	handicapped
child; 	or
(2) 	When 	the 	physician 	of 	a 	handicapped 	child 	or
a 	child 	suspected 	of 	being a 	handicapped
child 	recommends 	that 	a:F1other<medical 	eval-
uation or 	diagnosis 	be 	made.
(b) 	The 	department 	shall 	assist 	in 	interpreting
the 	results 	of 	any physical 	or 	medical 	examination
furnished 	by 	a 	handicapped child's 	physician when
requests 	for 	such assistance 	are 	referred 	to 	the
department 	by 	the 	department ,of 	education.
(c) 	The 	licensed 	physiciantto'whofn a~,handicapped·
child 	has 	been 	referred 	for 	medical 	services 	described
in 	this 	section 	shall 	prepare 	and 	submit 	written
findings 	or 	interpretations 	to 	the 	multidisciplinary
evaluation 	team assigned 	to 	evaluate 	the 	child.
[Eff. 	A R 1 	• 	] 	(Auth: 	HRS 	§321-9)
( Imp : 	HRS 	§ 301-2 7 ; 	3 4 C. F . R . 	§ § 3 0 0 . 4 , 	300 ~/ 13 , 	3 0 0 • 5 03 ,
300.532, 	300.534) 	•
147-8

§ll.;...14 7-6 	Mental 	heal th 	services--clinical: •
evaluation 	of 	mentaJ: he'aJ:th :status. 	(a,) 	A 	student
referred by= the 	distrifct .for Clinical 	eva.luatlon 	o'f .
mental 	health 	status 	sliall .be 	evaluated by' ·the ·mental
heal th division 	children'1s~ staff. 	A written 	repc:irt
documenting 	the 	'evaluatibn 	shall 	be 	pr.epa.red 	and
submitted to 	the': district .. 	Tt 	shall 	include 	diagnostic
and prognostic ~impressions .:of the '.student which 	a.re
bas.ea upon' clind:cal 	observations 	of the· ch,ild,, 	a 	review
of 	the child ''s 	medical, 	psychological, 	or psychiatric •
history 	and 	record's; 	and 	interviews 	with 	the 	child 	and
any otherpersons·able 	to 	furnishrelevant 	information.
It sh9-ll 	also 	contain: descriptions 	of 	the 'studen.t' s 	•
mental 	he.al th. needs 	and 	recommendations 	for faeeting
those 	ideh:ti:fi:ed· needs. 	•Ev'a.luations ·will 	not· specify a
particular,educational 	disability; category, 	nor 	include
recommendations 	for 	plac·ement 	in 	a 	specific 	site.
{b) 	A memoer 	of 	the 	mehta.l· health 	division .
children's 	sta!ff:who; was~ involvecl .in eva1uat,.ing'. a
particular '.Stmil.ent shalL•partic,ipate as 	a rriem.ber 	of 	the
department 	bf education imulti.;...disciplih.ary evaluatipn
team .:in all .meetings 	relating ..:t:o the 	eva.lua•tion 	and.
recommenda.tion(-s).: for 	services 	for 	that 	student~ 	••
. [Ef·f.· 	1984 	]'. 	(Ji.uth: 	HRS 	§321..;9)
(Imp: 	HRS. 	§3.01:-27.; 	34 	C.F.R,. 	§§300.4, 	300.13, · 30.0.344,
300.503, 	3.00 ..532,, 300...534, 	3.00.540...;.543)
§11-147--7 	Mental health services:....:.:t:rea.tment. 	(a)
Mental 	heal:.th kreat.ment 	se~rvices 	include 	teacher
oriented: consu:l:tation 4TOC} 1 ,student· oriented 	consulta-
tion 	(SOC);, 	and direct 	treatment 	services: (JJ'l'S) . 	The
mental 	health divi,sion<bhildren 1 's: staff .shall 	provide
any or ·alb of. the 	types 	of0 •m~nta.l 	lieal:t.h treatment
se:tv'ices;.:descri:bed 	in 	this 	section 	to ✓ a handicapped
child 	ident:if ied:: as 	recg:uiting ✓ rnental heal th 	services 	in
order ..to 	benefj_;t from 	special 	education! 	• 	.
~(hhb:TOCr inen:tad: 	health ✓ services 	shall be 	provided
by 	a 	member 	of 	the 	mental 	health 	qivisioh.·children's
staff ,cWheh: co11sul'tati0n:'wi th·:the "teacher ( s) 	of 	handi-
capped 	c.hildreh '.Will .assist• the· teache;r ( s) in 	iden ti-
fying 	ahd managihg:developmental, 	socip.l, 	and 	emotional
adjustment 	prbolems}:whidh> handicapped· s:tudents 	in 	a
partic:ular.:classroom ✓may be' :encountering.· 	The 	des-
ignated mentaL hea·lth 	divisiEin 	children's 	staff 	member
shaLl 	also maintain ,communica:ti0ns with 	dis'trict
special~educati0n 	staff'whenever 	necessary or 	appro-
priate. 	•
147-9

Sec. 	11-147-:-7
( c) 	SOC ,mental ·he.al th 	service.s 	shall 	be 	provided
as 	a 	related 	seccvice, when mental 	heal th. consul ta.ti on ( s)
provided by a .member- ;of ..the.i ment.a:l 	health .division.
children's 	staff to 	the 	teacher (s.) 	of; a 	particular
handicapped 	.s.tudent will 	facil'itate. the 	teache.r' s
ability to provide 	a. therapeuticl learning 	environment
f"Ol:'· the. :student 	in 	furtheranc,e, of 	specific 	social,.
emotional, 	and 	behavioral 	goals;included 	in 	the 	child's
IEP. 	When 1 SOC 	services 	are 	to 	be 	or.have 	been 	included
in 	a 	student's 	IEP, 	a•• me:mber 	of 	.the .mental heal th
d;Lvision 	children's 	staff.shall 	participate 	in meetings
con;ducted by 	the 	department 	of 	education. concerning
that 	student's 	mental health:needs ..Aiwritten 	.report
regarding 	the 	student's 	progress 	towardthe,mental,
health 	related goals 	speq;Lfied 	in .the 	studeht' s .:IEP
sha:11 be, transmitted 	to 	the 	student' s· teacher 	on 	a
quarterly basis 	fo:i: 	inclμsion 	in any 	reports 	to·parents
regarding, the 	stqdent' s 	pJ::;ogress 	toward 	all 	IEP ..goals.
(d) 	DT~ 	mental,• health 	i::rervices 	shalL be 	provided
when behavioral, 	social,: 	or 	emotional. problems, 	or
psychiatric 	disorder..s 	prevent 	a :child 	from '.benefitting.
or 	limit 	the 	qhild' s 	ability 	to 	benefi,t :from .specially'
designe.<1, instruction 	develop·ea 	to 	meet t;he 	unique j needs
of 	the 	handicapped child. 	DTS 	mental 	health 	services
include 	indiv:idual 	therapy, 	parent 	counseling 	and
training, 	group 	psycho-:-therapy, 	behavior 	therapy, 	and
substance 	abuse 	counseling.
(1) 	Direct 	treatment mental 	health 	services 	will
be:erovided,at 	the 	student's 	school 	during
the 	regular;; hours; of 	the 	schoo.l 	day, 	unless
.th~ uniquE= 	needs 	of, the .. student require
another.arrangement. 	The 	mental 	health
division, children '.sr. staff 	member ..assigned 	to
provide tp.e 	se;r:yices 	shall maintain 	ongoing
co:mmunicaticpn: with 	the 	student~ s 	teacher'.( s)
and, any 0th.er 	persorrs 	providing 	re.lated
servi~es:to 	the 	student 	in order to 	align
~herapy 	and. p.om;1se.L,ing 	goals. with, educational
goal~. 	~ 	• 	• 	,
(2) 	Written,.information 	regarding 	the 	student's
progress 	toward 	all 	mental.health related
goals: .included in 	the 	student's 	IEP 	will 	be
• tran,s:i;nitted 	by"the·assignedmental health
aivision ch.ildren' s 	staff member to 	the
student's 	teacher'Ql1;at 	least 	aquarterly
basis 	for 	inclusion in 	reports .to 	parents
regarding. the 	stuaent' s 	progress .toward 	all
IEP 	goals.
147-10

Sec. 	ll,-J.47-9.
(3) 	The 	ass,ignfd 	member qf_ the mental 	health
division childrE?n'sstafJ 	shall 	participate
in meetings, 	including 	anyIEP 	conferences,
cohdu.cted }?y the. departm$nt of 	education
concerning a 	student's 	mental 	he.al th 	needs
whenever direct 	treatment menti:ll health
servic.e.s 	have 	been. J:?ecommended,. and included
in 	the.'student.'s 	IEP~ 	[E:ff. 	APR,1,2 1984 	]
(Auth: 	HRS 	§321--9) :•(Imp: 	HRS 	§301,-27; 	34
C.F.~R,. 	§§300;4, 	J"00.1,3:, 	300.345, 	300.346.,
300-.5()3, 	300!532, 	300.540-543., 	300 .. 552)
§ll:.:.J4 7-8 	.. Audiological 	services. 	(a) 	The
department 	shall 	provide 	audi9l9gical 	services 	for
diagnostic 	or 	evaluation purposes 	in order 	to 	determine
whether 	a 	child 	is 	handicapped 	and 	therefore 	eligible
to 	receive 	spec~al 	education 	and 	telated_ services
pursuant 	to 	P~L- 	94~142; 	Qr 	to·tontribute 	to 	the
formulation 	of 	an 	appropriate 	e<:lucational .program and
placement 	for .i:ln eligible 	handicapped 	child~
(b) 	The 	audiologist 	as 9;i.gn,ecl:to 	evaluate 	a
student 	shall 	submit .a 	written. ,report 	to 	the 	multi-
disciplinary evaluation 	team 	identifying 	any. auditory
or 	hearing d.isorderdiscoverE}d, 	outlining 	the,extent 	of
each 	disorder, 	and 	recommending 	services 	appropriate
for 	dealing with 	each disorder 	so 	as(to.allow 	the 	child
to 	benefit 	from 	special 	educatiqn. 	Audiological
evaluations 	will 	not 	specify 	a 	particular 	educational
disability 	nor 	include 	any 	placement 	recommendations 	at
a 	specific 	site. 	(Eff. 	P-R 	]
(~uth: .. HRS. §3.21-9) 	{Imp: 	HRS 	§301:..:.:27; 	3.4 .C.F.R.
§§300.4, 	300:13, 	300~503, 	300.532, 	300.534;
300.540-543~ 	•
§il-14 7-9 	Ba.rent counseling 	a,nd 	training.
Counseling 	or 	training 	shall :be prpvided 	to parents 	or
persons 	with wllom a 	handicapped chi.ld 	lives, 	whenever
the 	ch_ild 	requires 	physical .th.erapy, 	occupational
therapy, 	or mental he.alth 	t;rea•tment 	services, 	and 	it
appears 	that 	counseling or 	tra,ining would 	assist 	the
parents 	or 	persons with whom 	the 	child 	lives 	to under-
stand 	the 	special 	needs 	of 	the 	child 	and 	further 	the
child's 	attainment 	of 	the 	therapy 	or 	treatment 	goals
and 	objectives 	s~ecified 	in 	the 	child's 	IEP.
[Eff. 	APR 	1 2 1%4 	J 	(Auth: 	HRS 	§321-9)
(Imp: 	HRS 	§301-27; 	34 	C.F.R. 	§§300.4, 	300.13, 	300.346)

Sec. 	11.;;.147-10
§ll-14 7-10 	Impartial;hearing ... 	A parent, 	the
department 	of 	education 	or 	the 	departm~ntmay 	request
an 	impartial· hearing 	on any matter 	relating to 	the
provision o.f mental 	health 	services,. occu.pational
therapy, 	physical 	therapy, 	audiological 	and 	medical
services 	for 	diagnostie 	or 	eval'l:lation purposes, 	or
school~health services, 	pursuant 	to 	th~ rlil~s 	of 	the
department 	of 	education 	relating 	to 	the 	provision 	of 	a
free 	appropriate 	public 	education 	for 	exceptional
children who 	are 	handicapped. 	All 	requests 	shall 	be
made 	to 	and 	processed 	by 	the 	department of 	education 	in
accordance 	with 	the 	procedures 	for 	such 	hearings
outlined 	in 	the 	r~les 	of 	the 	department 	of 	education.
[Eff. 	APR 	t 2 i984 	J 	(Auth: 	HRS 	§321-9)
(Imp: 	HRS 	§301~37; 	34·c.F.':R. 	§§300.5()0-.514)
§ll-147-11 	Gonfidentiality 	of 	information. 	The
provisions 	for 	ensuring 	the 	confidentiality of 	educa-
tional. records 	and matters 	relati~g 	to 	the 	provision 	of
a 	free 	appropriate 	public 	education 	for 	exceptional
children who 	are 	handicapped 	which are 	contained 	in 	the
rules 	bf 	the 	department 	of 	education 	shall 	apply 	to 	any
actions 	undertaken 	by 	the 	department 	and 	any 	informa-
tion 	secured orFrepared~ursua:nt 	to 	the 	provisions 	of
this 	chapter. 	[Ef f. 	1< 1 	]
(Auth: 	HRS.§321-9) 	(Imp: 	HRS 	§301-27; 	34 	C.F.R.
§§300.500., 300.560-.576J
§11-147-12 	Services 	limited 	by .available 	funding.
The 	department 	shall 	be 	required to 	provide 	the 	related
services 	of 	occupational 	and 	physical 	therapy 	services,
school 	health 	services, 	non-psychiatric 	medical 	ser-
vices, 	clinical 	evaluation 	of mental 	health 	status,
mental 	health 	treatment 	services, 	audiological 	ser-
vices, 	and parent 	counseling.and 	training, 	as described
and 	defined 	in 	this 	chapter, 	to handicapped 	children
only 	so 	long~s 	sufficient 	appropriations by 	the 	State
legislature 	for 	such 	purposes 	are 	available 	to, 	and
have 	not 	been exhausted by the 	department. 	•
[Eff. 	APR 	2 1984 	] 	(Auth: 	HRS 	§301-27)
(Imp: 	HRS 	§301-27)
147-12

--
JOHN WAIHEE
GO VERNOR OF HAWAII
To:
From:
Subject:
STATE OF HAWAII
DEPARTMENT OF HEALTH
P. 0. BOX 3378
HONOLULU , HAWAII 96801
October 	6, 	1993
The 	Honorable 	Benjamin 	J. 	yetano
Lieutenant 	Govern
1John 	C. 	Lewin, 	M.D
Director 	of Health
HAWAII 	ADMINIST 	RULES 	- 	NOTICE 	OF 	CHANGE
JOHN C. LEWIN , M.O.
DIRECTOR OF HEALTH
In reply , please refer to:
File:
FHS:SHS
A Notice 	of 	Change 	is 	being 	submitted 	to 	correct 	an 	error 	in 	the
citing 	of 	implementing 	rule 	section 	in 	Title 	11, 	Department 	of
Health, 	Chapter 	147, 	Health 	Services 	to 	Exceptional 	Children
Under 	P.L. 	No. 	94-142, 	Rule 	Section 	11-147-10.
Attachment
'!.l I:""
·;;
- $
(J'I 	f1 J
;'%;
,::, ►
- '"'\1. ~	
~,~
~ - 1--:)
~:;:I"'
""V 	:..~
,,t'.
::c: ~	•CD 	<I>
(..v
I' 684

C
NOTICE 	OF 	CHANGE
10/6/93
The 	list 	of 	sections 	implemented by 	§11-147-10, 	Hawaii
Administrative Rules, 	is 	changed 	to 	read 	as 	follows:
(Imp: 	HRS 	§301-28; 	34 	C.F.R. 	§§300.500-.514)
-
11 684 I