Filed Date: May 25, 2012
Closed Date: July 9, 2012
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This is a case about a protection and advocacy (P&A) agency’s records access authority. On May 25, 2012, Hawaii Disability Rights Center (Hawaii DRC), Hawaii’s P&A, filed this lawsuit in the U.S. District Court for the District of Hawaii. Represented by itself, Hawaii DRC alleged that the Hawaii Department of Education violated the under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) when they refused to provide DRC with records requested under its investigative authority. Judge Alan Cooke Kay presided over this matter.
This lawsuit began after parents of a student with disabilities contacted Hawaii DRC. The parents alleged that their child was abused by a staff member at a Department operated elementary school. The school denied the parent’s request for records concerning the incident and follow-up investigation, so the parents subsequently notified Hawaii DRC. Hawaii DRC requested the information under its DD Act investigations authority, but the Department denied their request. On July 9, 2012, Hawaii DRC voluntarily dismissed this matter.
Summary Authors
NDRN (7/9/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/31793011/parties/hawaii-disability-rights-center-v-education-department-of/
Kay, Alan Cooke (Hawaii)
Erteschik, Louis (Hawaii)
Patricio, Jennifer Visitacion (Hawaii)
See docket on RECAP: https://www.courtlistener.com/docket/31793011/hawaii-disability-rights-center-v-education-department-of/
Last updated Aug. 6, 2025, 11:59 p.m.
State / Territory: Hawaii
Case Type(s):
Key Dates
Filing Date: May 25, 2012
Closing Date: July 9, 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
protection and advocacy organization
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Hawai'i Department of Education, State
Defendant Type(s):
Case Details
Causes of Action:
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Disability and Disability Rights: