[G.]  Adult Special Education Transfer of Rights

for Students with Disabilities Upon Reaching

the Age of Majority

Revision Note

  Enacted as a new part, §§302A-491 to 302A-498 were codified as subpart G of part II pursuant to §23G-15.

     [§302A-491]  Power of attorney for special education.  (a)  When a student with disabilities reaches the age of majority all rights are presumed to transfer to the adult student.  The adult student is authorized to make any and all decisions related to the adult student's education, including but not limited to individualized education programs.

     (b)  An adult student may give an individual instruction to assist in the development and implementation of the adult student's educational programs.  An adult student may execute a power of attorney for special education.  Unless related to the student by blood, marriage, or adoption, an agent shall not be an owner, operator, or employee of the educational institution at which the adult student is receiving special education services.  The power of attorney for special education shall be:

     (1)  A written document;

     (2)  Executed in the State of Hawaii;

     (3)  Notated with the date of execution;

     (4)  Specific in identifying the agent by first and last name and relationship to the adult student;

     (5)  Indicative of whether the adult student retains the power to make educational decisions while the power is in effect;

     (6)  Revocable, with the method of revocation stated in the document;

     (7)  Signed by the adult student; and

     (8)  Witnessed by one of the following methods:

          (A)  Signed by two individuals who either witnessed the signing of the instrument by the adult student or received the adult student's acknowledgment of the veracity of the signature on the instrument; or

          (B)  Acknowledged before a notary public in the State of Hawaii.

     (c)  If the power of attorney for special education document does not include the provisions listed above, the power of attorney is invalid and fails to authorize an agent to make decisions for the adult student.

     (d)  Unless otherwise specified in the power of attorney for special education, the authority of an agent shall be effective throughout the adult student's eligibility for special education, and shall cease to be effective upon revocation by the adult student. [L 2008, c 182, pt of §2]