[§302A-443.5]  Education of students with disabilities; private residential facilities; special education schools or programs; accreditation.  (a)  As used in this section:

     "Accredited private special education school or program" means a private day school, private day program, or any preschool that has earned accreditation according to the requirements and procedures specified by the Western Association of Schools and Colleges, any Hawaii affiliate of the Western Association of Schools and Colleges, the Hawaii Association of Independent Schools, the National Association for the Education of Young Children, or the National Early Childhood Program for Accreditation.

     "Certified or licensed private residential facility" means a private residential school or program that has earned licensure, certification, or accreditation according to requirements and procedures specified by the appropriate state licensure board or department.

     "Nonpublic special education school or program" means any privately owned or operated preschool, school, educational organization or corporation, treatment facility, day program, residential program, or any other placement that maintains, conducts, or provides classes or programming, including related services as defined by federal or state laws, rules, or regulations, for the purpose of offering instruction or treatment to students with disabilities for consideration, profit, tuition, or fees.

     (b)  Any accredited private special education school or program, certified or licensed private residential facility, or nonpublic special education school or program that:

     (1)  Provides education, treatment, programming, or related services to students with disabilities who are eligible to receive special education and related services pursuant to federal or state laws, rules, or regulations; and

     (2)  Receives funding from the State, either directly or through parental reimbursement,

shall comply with all federal and state laws, rules, and regulations.

     (c)  Any nonpublic special education school or program that:

     (1)  Is not accredited by the Western Association of Schools and Colleges, any Hawaii affiliate of the Western Association of Schools and Colleges, the Hawaii Association of Independent Schools, the National Association for the Education of Young Children, or the National Early Childhood Program for Accreditation; and

     (2)  Receives funding from the State, either directly or through parental reimbursement,

shall apply for accreditation within ninety days from the date of accepting a student with disabilities who was placed there as the result of a hearing officer's decision pursuant to section 302A-443, court order, settlement agreement, or placement by the department.  Within the ninety-day application period, the nonpublic special education school or program shall provide proof of its application for accreditation to the department.

     (d)  The department may adopt rules pursuant to chapter 91 to implement this section. [L 2011, c 128, §2]