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N.D. EX REL. GUARD. AD LITEM v. HI DEPT. OF EDUC.

No. 09-17543.

600 F.3d 1104 (2010)

N.D.; A.U.; C.K.; C.J.; M.D.; B.A.; G.S.; T.F.; J.K., disabled minors, through their PARENTS ACTING AS GUARDIANS AD LITEM, Plaintiffs-Appellants, v. State of HAWAII DEPARTMENT OF EDUCATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 5, 2010.

Attorney(s) appearing for the Case

Carl M. Varady, Honolulu HI; Stanley E. Levin and Susan K. Dorsey, Levin Education Access Project, Honolulu, HI, for the plaintiffs-appellants.

Mark J. Bennett, Attorney General of Hawaii, and Deirdre Marie-Iha and Holly Shikada, Department of the Attorney General, Honolulu, HI, for the defendant-appellee.

Before: JEROME FARRIS, D.W. NELSON and CARLOS T. BEA, Circuit Judges.

FARRIS, Senior Circuit Judge:

N.D., et al., disabled minors enrolled in the State of Hawaii's public school system, alleging violations of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1487 (2006), appeal an order denying their motion for a preliminary injunction seeking to prevent Hawaii from shutting down public schools on seventeen Fridays and concurrently furloughing the teachers. We agree...

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