N.D.
N.D. v. Hawaii Department of Education
Opinion
Lead Opinion
Farris, J.
N.D., et al., disabled minors enrolled in the State of Hawaii’s public school system, alleging violations of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1487 (2006), appeal an order denying their motion for a preliminary injunction seeking to prevent Hawaii from shutting down public schools on seventeen *1108 Fridays and concurrently furloughing the teachers. We agree with the district court that the stay-put provision of the IDEA was not intended to cover system-wide changes in public schools that affect disabled and non-disabled children alike, and that such system-wide changes are not changes in educational placement. The district court had jurisdiction under 28 U.S.C. §§ 1331 , 1343 (2006). We have jurisdiction under 28 U.S.C. § 1292 (a)(1) (2006) to hear this interlocutory appeal. We affirm.
I.
The State of Hawaii is currently in the midst of a major fiscal crisis. To help alleviate the fiscal crisis, Hawaii decided to shut down the public schools for seventeen Fridays in the 2009-2010 school year. School children, disabled and nondisabled alike, would not attend school on those Fridays. The elimination of those seventeen Fridays from the school…