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MARK H. v. LEMAHIEU

No. 05-16236.

513 F.3d 922 (2008)

MARK H., individually and as Guardian Ad Litem of Michelle H. and Natalie H., minors, Plaintiff-Appellant, Rie H., individually and as Guardian Ad Litem of Michelle H. and Natalie H., minors, Plaintiff-Appellant, v. Paul LEMAHIEU, in his official capacity as superintendent of the Hawaii Public Schools; Elsie Tanaka, in her official capacity as Principal of Kipapa Elementary School; Judith Saran-Chock, in her official capacity as Principal of Ala Wai Elementary School; Peter Chun, in his official capacity as Principal of Hokulani Elementary School; Haroldeen Wakida, in her official capacity as Principal of Ali'iolani Elementary School; Department of Education, State of Hawaii; Keith Hunter, Sr., special master, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 17, 2008.

Attorney(s) appearing for the Case

Michael K. Livingston, Honolulu, HI, for the plaintiffs.

Dorothy D. Sellers, Deputy Attorney General, Honolulu, HI, for the defendants.

Before: DAVID R. THOMPSON, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.

BERZON, Circuit Judge:

In 2000, Mark H. and Rie H., both individually and as guardians ad litem for their autistic daughters ("the H. family"), sued the Hawaii Department of Education and various school officials in their official capacities (collectively, "the Agency") for damages for alleged violations of the Individuals with Disabilities Education Act (IDEA), Pub.L. No. 91-230, 84 Stat. 175 (Apr. 13, 1970), and of § 504 of the Rehabilitation Act of 1973 as...

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