E.R.K. v. State of Hawaii Dep’t of Educ.

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This case concerned Hawaii's "Act 163," Haw. Rev. Stat. 302A-1134(c), which barred students from attending public school after the last day of the school year in which they turned 20. At issue was whether state-funded high school diploma programs for adults who never graduated from high school were a form of "public education" under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1412(a)(1)(B)(I). The Community Schools for Adults offers "free public education" to students who did not require IDEA services. The Department offers, at taxpayer expense, the opportunity for nondisabled 20- and 21-year-olds to complete their secondary educations and earn high school diplomas. Providing IDEA services to disabled children of those ages would therefore be consistent with "State law or practice... respecting the provision of public education," so the state must do so. Accordingly, the court reversed the district court's judgment for the State on the IDEA claim, holding that Act 163 violated federal law. The court affirmed the district court's judgment on plaintiffs' remaining claims. View "E.R.K. v. State of Hawaii Dep't of Educ." on Justia Law