[G.]  AdultSpecial Education Transfer of Rights

for Students withDisabilities Upon Reaching

the Age ofMajority

 

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

(b)  An adult student may give an individual instructionto assist in the development and implementation of the adult student'seducational programs.  An adult student may execute a power of attorney forspecial education.  Unless related to the student by blood, marriage, oradoption, an agent shall not be an owner, operator, or employee of theeducational institution at which the adult student is receiving specialeducation 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 andlast name and relationship to the adult student;

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

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

(7)  Signed by the adult student; and

(8)  Witnessed by one of the following methods:

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

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

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

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