Department Of Education, State Of Hawaii v. Katherine D.

727 F.2d 809 16 Ed. Law Rep. 378 DEPARTMENT OF EDUCATION, STATE OF HAWAII, Plaintiff, v. KATHERINE D., a minor, By & Through her natural parents & legal guardians, KEVIN & ROBERTA D., Defendants-Counterclaimants-Appellees, Department of Education, State of Hawaii & Donnis Thompson, in her capacity as Superintendent of Education, Counterclaimants-Defendants-Appellants. No. 82-4096. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 21, 1982. Decided Nov. 7, 1983. As Amended Feb. 24, 1984. Charleen M. Aina, Honolulu, Hawaii, for counterclaimants-defendants-appellants. Paul Alston, Honolulu, Hawaii, for defendants-counterclaimants-appellees. Appeal from the United States District Court for the District of Hawaii. Before CANBY, NORRIS and REINHARDT, Circuit Judges. NORRIS, Circuit Judge: 1 The Department of Education of the State of Hawaii (DOE), appeals from a district court judgment, 531 F.Supp. 517 , holding it responsible for Katherine D.'s tuition at a private school. For the school years 1980-81 and 1981-82, Katherine had sought the "free appropriate public education" to which she was entitled under the Education for All Handicapped Children…