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MICHAEL P. v. DEPARTMENT OF EDUC.

No. 09-16078.

656 F.3d 1057 (2011)

MICHAEL P.; Elizabeth G., as Guardian Ad Litems of Courtney G., an incompetent minor; Courtney G., an incompetent minor, Plaintiffs-Appellants, v. DEPARTMENT OF EDUCATION, State of Hawaii, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2011.

Attorney(s) appearing for the Case

Carl M. Varady , Honolulu, HI, for the plaintiffs-appellants.

Rebecca A. Copeland , Department of Education, State of Hawaii, Honolulu, HI, for the defendant-appellee.

Opinion by Judge PREGERSON; Dissent by Judge CLIFTON.

OPINION

PREGERSON, Circuit Judge:

Courtney G., a minor with dyslexia, by and through her mother and Guardian Ad Litem, Elizabeth G.,1 appeals from the district court's order affirming the Administrative Hearings Officer's ("Hearing Officer") conclusion that the Hawaii Department of Education ("Hawaii DOE") properly found Courtney ineligible for services under the Individuals with Disabilities

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