HRS §302A-494

Rechecking if an adult student can make their own decisions

Read the official text at capitol.hawaii.gov ↗

If the student, their educational representative, or a qualified professional thinks the student has regained the ability to make decisions, a qualified professional must test the student's capacity. The professional must write down the decision and why, put it in the student's school record, and tell the student and representative about any changes to the student's education program. Decisions made by the representative do not need court approval.

The statute, as written — Reconsideration of the need for an educational representative

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(a) If the adult student, educational representative, or qualified professional believes the adult student has regained decisional capacity, the adult student shall be assessed for capacity by a qualified professional who shall determine whether or not the adult student has regained decisional capacity and shall document the decision and the basis for the decision and provide the findings of the reconsideration in writing to be entered into the adult student's educational record. The qualified professional shall notify the adult student and the educational representative of any changes in the adult student's educational program. (b) A special education decision made by an educational representative for an adult student shall be effective without judicial approval.

Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.