Wednesday, June 19, 2024
Hawai'i Free Press

Current Articles | Archives

Sunday, September 3, 2017
AG Chin Defeats Parents of Disabled Children
By News Release @ 2:23 AM :: 5794 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 Kaliko Ľonalani 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


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

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 Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

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

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii