H.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARK H., individually and as  Guardian Ad Litem of Michelle H. and Natalie H., minors, Plaintiff-Appellant, RIE H., individually and as Guardian Ad Litem of Michelle H. and Natalie H., minors, Plaintiff-Appellant, v. PAUL LEMAHIEU, in his official capacity as superintendent of the No. 05-16236 Hawaii Public Schools; ELSIE TANAKA, in her official capacity as  D.C. No.

CV-00-00282-MLR

Principal of Kipapa Elementary School; JUDITH SARAN-CHOCK, in OPINION her official capacity as Principal of Ala Wai Elementary School; PETER CHUN, in his official capacity as Principal of Hokulani Elementary School; HAROLDEEN WAKIDA, in her official capacity as Principal of Ali’iolani Elementary School; DEPARTMENT OF EDUCATION, State of Hawaii; KEITH HUNTER, SR., special master, Defendants-Appellees.  Appeal from the United States District Court for the District of Hawaii Manuel L. Real, District Judge, Presiding

591 592 MARK H. v. LEMAHIEU Argued and Submitted June 6, 2007—Honolulu, Hawaii

Filed January 17, 2008

Before: David R. Thompson, Marsha S. Berzon,…