United States Ninth Circuit

In an action seeking damages for the Hawaii Department of Education's (DOE) alleged violations of the Rehabilitation Act, summary judgment for defendant is reversed where: 1) the evidence supported plaintiffs' allegation that because of their autism, they could not access the benefits of a public education without receiving autism-specific services; and 2) plaintiffs raised genuine issues of material fact as to whether Hawaii DOE knew that plaintiffs needed autism-specific services to access the benefits of a public education, and as to whether the DOE failed to adequately investigate whether those services were available as a reasonable accommodation.

Appellate Information

• Decided 08/26/2010
• Published 08/26/2010

Judges

• Harry Pregerson

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stanley E. Levin, Mark J. Bennett