Thursday, November 21, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, June 15, 2018
Special Ed: DoE Loses Class Action Suit Filed for 495 Students
By News Release @ 4:03 PM :: 8648 Views :: Education K-12, Ethics, Health Care, Labor

CLASS ACTION SETTLEMENT REACHED IN CASE FILED BY SPECIAL EDUCATION STUDENTS  AGAINST THE STATE OF HAWAI`I DEPARTMENT OF EDUCATION

News Release from Alston Hunt Floyd & Ing, June 14, 2018

HONOLULU, HI – 495 young adults from Hawai`i will soon be receiving compensatory education and education-related services thanks to the recent settlement of a class action lawsuit against the State of Hawai`i Department of Education (“DOE”).  The case was filed by the Hawaii Disability Rights Center and the Honolulu law firm Alston Hunt Floyd & Ing.  

Under the federal Individuals with Disabilities Education Act (“IDEA”), special education students must be permitted to remain in school and receive services until they either earn a regular high school diploma or reach age 22.  Nonetheless, in 2010, Hawai`i lawmakers approved legislation barring enrollment of students who were aged 20 or older on the first day of school in a given year.  

Louis Erteschik, Executive Director of the Hawaii Disability Rights Center, stated, “Once we identified that the State had taken this illegal action, we went to court to protect the rights of these special education students who deserved to be treated better by the DOE.”  This case forced the DOE to follow the IDEA, and the settlement gets services to those students who were not allowed to stay in school while the unlawful DOE policy was in effect.   

In 2013, the United States Court of Appeals for the Ninth Circuit ruled that the DOE’s reliance on the Hawai`i statute to dismiss special education students from school was illegal under the IDEA.  In 2014, the United States District Court for the District of Hawai`i ruled that the special education students who were not provided continuing education and transition services through age 22 are entitled to free compensatory education and related services.  And in December 2017, the parties reached a settlement under which the class members will receive the compensatory education or education-related services to which they are entitled.

A $10.25 million fund has been created by the State of Hawai`i to pay for the services.  The fund is being overseen by Hawai`i Supreme Court Associate Justice James E. Duffy, Jr. (Ret.), who has been named as the Settlement Administrator.  He will work closely with attorneys at Alston Hunt Floyd & Ing and the Hawaii Disability Rights Center to ensure that the goal of making up for the services the class members should have received from the DOE is met.  According to Paul Alston of Alston Hunt Floyd & Ing, “This class action settlement is a wonderful opportunity for class members to receive free supplementary educational opportunities and life-skills training to enable them to lead more independent lives.” 

For more information regarding this settlement, including copies of court filings and instructions for eligible class members to participate in the settlement, please visit http://hawaiiclassaction.com/erk/ or call the settlement hotline at (808) 441-6268.

---30---

PDF: Settlement

CB:  Hawaii Will Pay $10.25 Million To Settle Special Education Lawsuit 

SA: Don’t shortchange special-needs kids

Background:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii