E.R.K. Ex Rel. R.K. v. Hawaii Department of Education

Are state-funded high school diploma programs for adults who never graduated from high school a form of “public education”? 20 U.S.C. § 1412 (a)(1)(B)®. We conclude that they are. Accordingly, we hold that a Hawaii statute establishing an age limit on public education violates federal law, and reverse in part the district court’s entry of judgment in favor of the Defendant-Appellee.

Background

In 2010, the Hawaii state legislature enacted a law, dubbed “Act 163,” barring students from attending public school after the last day of the school year in which they turned 20:

Haw.Rev.Stat. § 302A-1134(c). The law applies to both general-education students and students who receive special-education services under the Individuals with Disabilities’ Education Act (“IDEA”), 20 U.S.C. § 1400 et seq.

The State of Hawaii Department of Education (“DOE”) administers public education in the state. In addition to conventional public high schools, the agency operates- a network of adult-education schools called the Community Schools for Adults. DOE materials explain that the Community Schools for Adults offer “Adult Secondary Education” in the form of “tuition-free opportunities for…