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PASATIEMPO BY PASATIEMPO v. AIZAWA

No. 94-17092.

103 F.3d 796 (1996)

Ramsey PASATIEMPO, a minor, by his mother and next friend, Wanda PASATIEMPO, on behalf of himself and all others similarly situated; Peter Ferreira, a minor, by his mother and next friend, Mary Ferreira, on behalf of himself and all others similarly situated; Tina Williams, a minor, by her mother and next friend, Jasmine Williams, on behalf of herself and all others similarly situated, Plaintiffs-Appellants, v. Herbert AIZAWA, in his official capacity as Superintendent of the Department of Education of the State of Hawaii; Ernesta Masagatami, individually and in her official capacity as superintendent of the Honolulu district of the Department of Education of the State of Hawaii; State of Hawaii, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 19, 1996.

Attorney(s) appearing for the Case

Shelby Anne Floyd, Mary Martin, Alston Hunt Floyd & Ing, Honolulu, HI, for plaintiffs-appellants.

Margery S. Bronster, Russell A. Suzuki, Steven K. Chang, Deputy Attorneys General, Honolulu, HI, for defendants-appellees.

Before: FLETCHER, D.W. NELSON, and CANBY, Jr., Circuit Judges.

D.W. NELSON, Circuit Judge.

Appellants Ramsey Pasatiempo, Peter Ferreira, and Tina Williams, on behalf of themselves and a class of similarly situated individuals ("Parents and Students"), appeal the district court's grant of summary judgment in favor of Appellee Department of Education of the State of Hawaii ("DOE"). Parents and Students maintain that in administering individual evaluations of students without comporting with the procedural requirements of the Individuals...

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