B

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

B.V., Individually and as Guardian  Ad Litem of J-C.V., an incompetent minor, No. 06-15157 Plaintiff-Appellant, v.  D.C. No.

CV 05-0116 JMS

EDUCATION DEPARTMENT OF THE ORDER

STATE OF HAWAII,

Defendant-Appellee.  Appeal from the United States District Court for the District of Hawaii J. Michael Seabright, District Judge, Presiding

Argued and Submitted November 5, 2007—Honolulu, Hawaii

Filed February 12, 2008

Before: Diarmuid F. O’Scannlain, A. Wallace Tashima, and Milan D. Smith, Jr., Circuit Judges.

COUNSEL

Carl M. Varady, Honolulu, Hawaii, for the plaintiff-appellant.

Aaron H. Schulaner, Deputy Attorney General, Honolulu, Hawaii, for the defendant-appellee.

1899 1900 B.V. v. EDUCATION DEP’T OF THE STATE OF HAWAII

ORDER

We affirm the judgment of the district court for the reasons set forth in its Order Denying Plaintiff’s Motion to Reverse Hearing Officer’s Decision and Order,1 and reported as B.V. v. Department of Education, State of Hawaii, 451 F. Supp. 2d 1113 (D. Haw. 2005).

AFFIRMED.

1 We do not reach…