D.C.
D.C. v. Hamamoto
Opinion
Lead Opinion
MEMORANDUM ***
Appellant D.C. appeals the district court’s July 14, 2003 dismissal of her complaint for failure to exhaust administrative remedies. We affirm.
D.C. contends that her child, S.K., is eligible for special education services under the Hawaii Administrative Rules implementing the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1411 et seq. The Department of Education of the State of Hawaii (“DOE”) has not yet made an initial determination regarding S.K’s eligibility. The record indicates that the DOE has never been asked to make a determination regarding S.K’s eligibility. However, the DOE has an independent obligation to “[ijdentify all students with a disability residing in the State ... who are in need of special education and related services.” Haw. Admin. Rules § 8-56-4(a)(l).
On February 6, 2003, D.C. filed a request for a hearing before an impartial hearing officer regarding S.K.’s eligibility for services. A hearing before an impartial hearing officer was scheduled for April 7, 2003. Before the hearing, D.C. moved *738 for a declaratory ruling that the hearing officer was authorized to make an initial determination regarding S.K.’s…