Aizawa

Appellants Ramsey Pasatiempo, Peter Ferreira, and Tina Williams, on behalf of themselves and a class of similarly situated individuals (“Parents and Students”), appeal the district court’s grant of summary judgment in favor of Appellee Department of Education of the State of Hawaii (“DOE”). Parent's- arid Students maintain that in administering individual evaluations of students without comporting with the procedural requirements of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1485 (“IDEA”) and the Rehabilitation Act, 29 U.S.C. § 794 (“Section 504”), the DOE violated federal law. 1 We have jurisdiction over this appeal, 28 U.S.C. § 1291 , and we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

I. Statutory and Regulatory Background

The IDEA requires that all students with disabilities be “identified, located, and evaluated,” 20 U.S.C. § 1412 (2)(C), and that then-parents be notified when a school district intends to evaluate them for special education, 20 U.S.C. § 1415 (b)(1)(C). In order to comply with these statutory mandates, the DOE adopted Haw.Admin.R.Chap. 36 (“Chapter 36”), the goal of which is to guarantee procedural protections to students and their…