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HAWAI`I DISABILITY RIGHTS CENTER v. KISHIMOTO

Nos. 20-17521, 22-16524.

122 F.4th 353 (2024)

HAWAI`I DISABILITY RIGHTS CENTER, in a representative capacity on behalf of its constituents, Plaintiff-Appellant, v. Christina KISHIMOTO, in her official capacity as Superintendent of the State of Hawaii, Department of Education; Pankaj Bhanot, in his official capacity as Director of the State of Hawaii, Department of Human Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 26, 2024.

Attorney(s) appearing for the Case

Maile Osika (argued), Paul D. Alston, Kristin L. Holland, Madisson L. Heinze, and Laura P. Moritz, Dentons US LLP, Honolulu, Hawaii, for Plaintiff-Appellant.

Skyler G. Cruz (argued), Caron M. Inagaki, and Ryan M. Akamine, Deputy Attorneys General; Anne E. Lopez, Attorney General of Hawaii; Office of the Hawaii Attorney General, Honolulu, Hawaii; for Defendants-Appellees.

Sarah Somers, National Health Law Program, Chapel Hill, North Carolina; David Hutt, National Disability Rights Network, Washington, D.C.; for Amici Curiae the National Health Law Program and the National Disability Rights Network.

Lisa M. Lawless and Kirsten A. Atanasoff, Husch Blackwell LLP, Milwaukee, Wisconsin; Daniel R. Unumb, Autism Legal Resource Center LLC, Lexington, South Carolina, for Amici Curiae National Autism Law Center, Autism Legal Resource Center, and Council of Autism Service Providers.

Before: Marsha S. Berzon, Eric D. Miller, and Lawrence VanDyke, Circuit Judges.

OPINION

Autism Spectrum Disorder ("autism") refers to a range of cognitive and neurobiological disorders. Children with autism often suffer from delays or deficiencies in the development of cognitive functioning, language skills, social interaction, and motor coordination. The impairments and challenges faced by...

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