R.E.B. v. STATE OF HAWAII DEPT. OF EDUC.

No. 14-15895.

870 F.3d 1025 (2017)

R.E.B., individually and on behalf of his minor child, J.B., Plaintiff-Appellant, v. STATE OF HAWAII DEPARTMENT OF EDUCATION; Kathryn Matayoshi, in her official capacity as Superintendent of the Hawaii Public Schools, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2017.


Attorney(s) appearing for the Case

Keith H.S. Peck (argued), Law Office of Keith H.S. Peck, Honolulu, Hawaii; Lawrence R. Cohen , Badger Arakaki LLC, Honolulu, Hawaii; for Plaintiff-Appellant.

Gary S. Suganuma and Holly T. Shikada , Deputy Attorneys General; David M. Louie , Attorney General; Office of the Attorney General, Honolulu, Hawaii; for Defendants-Appellees.

Dissent by Judge Bea.


OPINION

We consider whether the district court erred in affirming an administrative officer's determination that J.B., an autistic student protected by the Individuals with Disabilities Education Act ("IDEA"), was denied a free appropriate public education ("FAPE").

FACTS

Before and during this lawsuit, J.B. attended...

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