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James M. v. Hawaii Department of Education

803 F. Supp. 2d 1150 (2011)

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James M. v. Hawaii Department of Education

United States District Court for the District of Hawaii
803 F. Supp. 2d 1150 (2011)

CS

Facts

James M. was a 19-year-old student with autism who had associated neurological, motor, and speech deficits. James had attended both public and private schools and had received speech and occupational therapies as well as other related services. James’s public school district provided James and his mother (plaintiff) with a proposed individual education plan (IEP) for James to return to the public school. The IEP provided for fewer hours of speech therapy than James had been receiving at his private school and a reduction in James’s access to direct occupational therapy. The district provided evidence, however, that the IEP was constructed to sufficiently address James’s individualized needs, including that the services offered would match or exceed those that James had previously received when he had been enrolled in the public school. James’s mother filed a request to challenge the IEP with the Hawaii Department of Education, alleging that the IEP was deficient to meet James’s educational needs. The hearing officer concluded that the IEP offered James a free appropriate public education (FAPE) as required by the Individuals with Disabilities Education Act (IDEA). James’s mother appealed.

Rule of Law

Issue

Holding and Reasoning (Kobayashi, J.)

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Disability Law

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