United States Ninth Circuit

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E.R.K. v. State of Hawaii Department of Education, 12-16063

The district court's judgment for defendant-state in a class action suit challenging a Hawaii statute that established an age limit on public education is: 1) reversed in part and remanded, where because the state offers public education to non-disabled students between the ages of 20 and 22, the Individuals with Disabilities Education Act (IDEA) requires the state to continue to provide a free and appropriate public education to disabled students who have not yet obtained the age of 22; but 2) affirmed in part, where plaintiffs did not prove that the same result is necessary as a reasonable accommodation, and thus the district court did not err in ruling for the state department of education on the Americans with Disabilities Act and Rehabilitation Act claims.

Appellate Information

  • Decided 08/28/2013
  • Published 08/28/2013

Judges

  • NELSON

Court

  • United States Ninth Circuit

Counsel