Wednesday, May 31, 2023
Hawai'i Free Press

Current Articles | Archives

Sunday, September 3, 2017
AG Chin Defeats Parents of Disabled Children
By News Release @ 2:23 AM :: 5381 Views :: Education K-12, Health Care


News Release from Office of the Attorney General, August 30, 2017

HONOLULU - The Ninth Circuit Court of Appeals ruled yesterday that the federal Individuals with Disabilities Education Act does not require identification of a particular school for delivery of special education services within a student’s individualized education program in every instance, Attorney General Doug Chin announced.

According to the opinion, parents of an Oahu special education student, after notifying the State Department of Education (DOE) of plans to move to a new school district, sued the DOE. The parents’ lawsuit was based on their allegation that the DOE violated federal law by not identifying a new school for delivery of special education services in the student’s individualized education program. As the opinion notes, the DOE’s requests for the student’s new address were, for months, ignored. Hawaii senior federal Judge Helen W. Gillmor ultimately ruled in favor of the DOE and the parents appealed.

In yesterday’s decision, a three judge panel of the Ninth Circuit ruled that the requirement of a “location” under the Individuals with Disabilities Education Act means that educational agencies must identify, within a student’s individualized education program, the general setting or type of environment in which special education services will be provided. It does not mean, however, that a particular school must be identified in every instance.

Attorney Jay S. Handlin argued on behalf of the parents. The State of Hawaii was represented by Deputy Attorneys General Gary Suganuma and Kalikoʻonalani D. Fernandes.

A copy of the decision, Rachel H. v. Department of Education, State of Hawaii, is attached.

(Given Chin's proclivity to exaggerate, I suggest reading the decision for yourself.)

# # #

Link: Decision


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Back da Blue Hawaii

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii


Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii