Notwithstanding section 8-61-14, if the disciplinary action pertains to the use or possession of illegal drugs or alcohol, and the student with a disability is currently engaging in the illegal use of drugs or alcohol, the disciplinary action may be taken to the same extent that disciplinary action is taken against students without a disability pursuant to the Hawaii administrative rules governing student discipline. The procedural safeguards set forth in subchapter 3 and section 8-61-14 shall not apply to the disciplinary action; except that students with a disability who are also eligible as students with a disability in accordance with Hawaii administrative rules for students with disabilities shall be afforded all of the procedural safeguards under those rules.
Haw. Code R. § 8-61-15