DEPARTMENT OF EDUC., STATE OF HAWAII v. CARL D.

Nos. 81-4209, 81-4262.

695 F.2d 1154 (1983)

DEPARTMENT OF EDUCATION, STATE OF HAWAII, Plaintiff-Appellant, v. CARL D., Defendant-Appellee. DEPARTMENT OF EDUCATION, STATE OF HAWAII, Plaintiff/Counterclaimant/Defendant-Appellant, v. Laura VALENZUELA, et al., Defendants/Counterclaimants/Plaintiffs-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted April 28, 1982.

Decided January 4, 1983.


Attorney(s) appearing for the Case

Charleen M. Aina, Honolulu, Hawaii, for Dept. of Educ.

Shelby Anne Floyd, Honolulu, Hawaii, argued, for Carl D. and Valenzuela, et al.; Paul Alston, Honolulu, Hawaii, on brief.

Before SCHROEDER, NELSON and BOOCHEVER, Circuit Judges.


SCHROEDER, Circuit Judge.

These consolidated actions arose under the Education For All Handicapped Children Act of 1975, 20 U.S.C. §§ 1401-1461 (1976) (EAHCA). The district court held in both cases that the limitations period applicable to civil actions brought under section 1415(e)(2) of the EAHCA for review of a state hearing officer's administrative decision is the thirty-day period of the Hawaii Administrative Procedures Act, Hawaii Rev.Stat. §...

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