A.D.

A.D. v. State of Hawaii Department of Education

Good Law
727 F.3d 911·2013 WL 4082131·2013 U.S. App. LEXIS 16841
United States Court of Appeals for the Ninth CircuitAugust 14, 201312-17610California2,393 words

Opinion

Opinion

Nelson, J.

When a student with an existing special education placement files a complaint under the Individuals with Disabilities Education Act (“IDEA”), he is entitled to remain in that placement until his case is resolved. 20 U.S.C. § 1415 (j). In the argot of education law, this rule is known as “stay put.” In this appeal, we must decide whether the stay-put provision applies to a student who has exceeded a state-imposed age limit on eligibility for public education. We conclude that it does, and affirm.

A. Background

This appeal is about the interaction between the IDEA’S stay-put provision and a Hawaii statute restricting public education to students under the age of 20.

By default, the IDEA entitles a disabled child to a free public education until he turns 22. See id. § 1412(a)(1)(A). But a state may cut off special-education eligibility to students as young as 18, provided that general-education students are subject to the same limit. Id. § 1412(a)(l)(B)(i). Hawaii sought to impose such a limit in 2010, when the state legislature passed “Act 163.” See Haw. Sess. L.2010, ch. 163, § 1. Act 163 provides that “[n]o person who is twenty years of age or over on the first…

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