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NALU Y. EX REL. PATTY v. DEPARTMENT OF EDUC., HAWAII

Civ. No. 11-00067 BMK.

858 F.Supp.2d 1127 (2012)

NALU Y. by and through his parents PATTY and Lee Y., et al., Plaintiffs, v. DEPARTMENT OF EDUCATION, State of HAWAII, Defendant.

United States District Court, D. Hawai`i.

March 9, 2012.

Attorney(s) appearing for the Case

Stanley E. Levin , Levin Education Access Project, Susan K. Dorsey , Davis Levin Livingston Grande, Honolulu, HI, for Plaintiffs.

Gary S. Suganuma , Steve K. Miyasaka , Department of the Attorney General Education Division, Honolulu, HI, for Defendant.

ORDER AFFIRMING IN PART, REVERSING IN PART, AND REMANDING THE HEARINGS OFFICER'S DECISION

BARRY M. KURREN, United States Magistrate Judge.

In the proceedings below, the Hearings Officer issued a decision concluding that the State of Hawaii Department of Education ("DOE") did not deny Nalu Y. a Free and Appropriate Public Education ("FAPE") in part because Nalu Y. was not afraid of Kailua Elementary School ("KES"). For the following reasons, the Court...

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