N. D. v. State of Hawaii Dept. Of Education

MEMORANDUM

Appellants C.K., C.J., T.F., and J.K., disabled minors, appearing through their parents acting as guardians ad litem, appeal the summary judgment to Appellee, the State of Hawaii Department of Education (“Department”), on Appellants’ claim under the Individuals with Disabilities Education Act’s (“IDEA”), 20 U.S.C. §§ 1400-87 , “stay-put” provision, id. § 1415(J). Because the history and facts of this case are familiar to the parties, we recount them only to the extent necessary to explain our decision.

This lawsuit arises out of the Department’s decision to shut down Hawaii public schools on seventeen Fridays during the 2009-2010 school year. The Department implemented the so-called “furlough Fridays” in order to avoid teacher layoffs in the face of budget cuts. Appellants initially requested due process hearings from the Department regarding potential changes in their respective educational placements that might occur as a result of the furlough program and invoked the IDEA’S stay-put provision, which mandates that “the child shall remain in the then-current educational placement of the child,” pending any challenge to a proposed change in his educational placement.…