B v. v. Education Department

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT B.V., Individually and as Guardian  Ad Litem of J-C.V., an incompetent minor, No. 06-15157 Plaintiff-Appellant, v.  D.C. No. CV 05-0116 JMS EDUCATION DEPARTMENT OF THE ORDER STATE OF HAWAII, Defendant-Appellee.  Appeal from the United States District Court for the District of Hawaii J. Michael Seabright, District Judge, Presiding Argued and Submitted November 5, 2007—Honolulu, Hawaii Filed February 12, 2008 Before: Diarmuid F. O’Scannlain, A. Wallace Tashima, and Milan D. Smith, Jr., Circuit Judges. COUNSEL Carl M.…