No. 82-4096.

727 F.2d 809 (1983)

DEPARTMENT OF EDUCATION, STATE OF HAWAII, Plaintiff, v. KATHERINE D., a minor, By & Through her natural parents & legal guardians, KEVIN & ROBERTA D., Defendants-Counterclaimants-Appellees, Department of Education, State of Hawaii & Donnis Thompson, in her capacity as Superintendent of Education, Counterclaimants-Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 7, 1983.

As Amended February 24, 1984.

Attorney(s) appearing for the Case

Charleen M. Aina, Honolulu, Hawaii, for counterclaimants-defendants-appellants.

Paul Alston, Honolulu, Hawaii, for defendants-counterclaimants-appellees.

Before CANBY, NORRIS and REINHARDT, Circuit Judges.

NORRIS, Circuit Judge:

The Department of Education of the State of Hawaii (DOE), appeals from a district court judgment, 531 F.Supp. 517, holding it responsible for Katherine D.'s tuition at a private school. For the school years 1980-81 and 1981-82, Katherine had sought the "free appropriate public education" to which she was entitled under the Education for All Handicapped Children...

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