On July 27, 2010, four students with disabilities and the Hawaii Disability Rights Center filed this class action against the Hawaii Department of Education seeking declaratory and injunctive relief. The plaintiffs, represented by Hawaii Disability Rights Center, contended that the Department was failing to comply with its obligations to provide a Free Accessible Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA) and their right to a discrimination-free education under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The case was assigned to District Judge Susan Oki Mollway.

At the time the complaint was filed, the disabled individuals who brought the suit were over twenty but under twenty-two years old and had previously received a FAPE under the IDEA. However, following the establishment of a new Hawaii Law, Act 163, these individuals were denied a FAPE because they were over twenty years of age.

The plaintiffs moved for class certification and a preliminary injunction. District Judge David Alan Ezra signed an order granting in part and denying in part the motion for class certification on March 15, 2011. 272 F.R.D. 541. The judge also issued an order denying plaintiffs' motion for a preliminary injunction. 2011 WL 2746800. Defendants then moved for a motion to dismiss or in the alternative, for summary judgment, and the plaintiffs renewed their motion for a preliminary injunction and moved for summary judgment. Judge Ezra then issued an order denying plaintiff's motion for summary judgment, granting in part and denying in part the defendant's motion to dismiss, and denying plaintiff's renewed motion for preliminary relief. 817 F.Supp.2d 1182.

In 2012, the case went to a bench trial. Judge Alan Ezra held that the plaintiffs failed to prove the Hawaii Department of Education violated the IDEA, ACA, and Rehabilitation Act and entered judgment for the defendants. 2012 WL 1082250. The case was then appealed to the Ninth Circuit. On August 28, 2013, the Ninth Circuit announced its conclusion, affirming in part and reversing in part. 728 F.3d 982. The court found that the State of Hawaii offered public education to nondisabled students between the ages of 20 and 22 through its Community Schools for Adults. The court held that so long as the State continued to provide such an education to nondisabled students under 22, it was required under IDEA to provide a FAPE to disabled students in the same age bracket. The court reversed and remanded the case on the IDEA count. The court affirmed the district court's finding that the plaintiffs failed to prove that the Department was required to make such changes as a "reasonable accommodation." Accordingly, the court affirmed the lower court's judgement in favor of the Department on the ACA and Rehabilitation Act claims. The court also awarded costs on appeal to the Plaintiffs.

After being remanded to district court, and after the case was reassigned to Judge Susan Oki Mollway, the class was recertified. Subsequently, the parties began settlement conferences. On December 8, 2017, Judge Oki Mollway issued an order approving settlement for class members. As part of the settlement, the Department of Education agreed to fund the requisite services and pay $8.2 million dollars to class members, $1.5 million for attorneys' fees, and up to $250,000 to class counsel for future services rendered in relation to the administration of the settlement.

The administration of the settlement continues. The case remains open.

Gabrielle Simeck - 02/08/2021


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