R.E.B.

dissenting in part:

Although I agree with the portions of the majority opinion that affirm the district court, I respectfully dissent from the holdings that find error and reverse. 1 For the reasons stated below, I would affirm in full rather than reverse in part.

I. The Transition Services Issue

J.B. (the student) had previously attended PAC, a private school, and was going to attend Koko Head Elementary School, a local public school, in the Fall. Before •J.B.’s transition tó public school, the Hawaii Department of Education (“DOE”) and R.E.B. (J.B.’s father) worked together to develop an Individualized Education Plan (“IEP”) for J.B. R.E.B. was concerned about the DOE’s plan for J.B. to switch classrooms and teachers during the school day and that J.B. would receive less personal attention from his teachers than he received at PAC. R.E.B. wanted the school district to provide “transition services” in the form of “supplementary aides or services” while J.B. was adjusting to public school. On appeal, R.E.B. contends that the DOE violated the Individuals with Disabilities Education Act (“IDEA”) because the DOE did not address his concerns about J.B.’s transition.

The majority…

Dissent by Judge BEA

OPINION

We consider whether the district court erred in affirming an administrative officer’s determination that J.B., an autistic student protected by the Individuals with Disabilities Education Act (“IDEA”), was denied a free appropriate public education (“FAPE”).

FACTS

Before and during this lawsuit, J.B. attended the Pacific Autism Center (“PAC”), a small private school for students with autism and other special needs. During that time, Hawaii Department of Education (“DOE”) personnel convened to develop an Individualized Education Plan (“IEP”) for J.B.’s transition from PAC into public kindergarten. J.B. raised various objections to aspects of the proposed IEP, but the presiding administrative hearings officer found that the IEP was adequate. J.B. appeals from the district court’s affirmation of that determination.

DISCUSSION

As a threshold matter, DOE claims this case is now moot because J.B. received relief beyond that originally requested. J.B. initially sought reimbursement of PAC tuition for the 2012-13 school year, and DOE funded J.B.’s tuition at PAC from 2012 until 2015. But a case is moot “only when it is impossible for a court to grant any…