Legal Opinion

A.D. v. State of Hawaii Department of Education

Court of Appeals for the Ninth Circuit

Decided August 14, 2013No. 12-17610PublishedCited by 11 opinions

1Opinion of the Court

OPINION

D.W. NELSON, Senior Circuit Judge:

When a student with an existing special education placement files a complaint under the Individuals with Disabilities Education Act (“IDEA”), he is entitled to remain in that placement until his case is resolved. 20 U.S.C. § 1415(j). In the argot of education law, this rule is known as “stay put.” In this appeal, we must decide whether the stay-put provision applies to a student who has exceeded a state-imposed age limit on eligibility for public education. We conclude that it does, and affirm.

A. Background

This appeal is about the interaction between…

2Cases cited10 opinions

  1. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  2. Honig v. DoeSupreme Court of the United States · 1988
  3. Shell Offshore, Inc. v. Greenpeace, Inc.Court of Appeals for the Ninth Circuit · 2013
  4. Parents of Student W, Individually and as Guardians Student W, a Minor v. Puyallup School District, No. 3Court of Appeals for the Ninth Circuit · 1994
  5. Webster Groves School District v. Pulitzer Publishing CompanyCourt of Appeals for the Eighth Circuit · 1990

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3Cited by11 opinions

  1. Where Do We Go Berkeley v. CaltransCourt of Appeals for the Ninth Circuit · 2022
  2. M. R. v. Ridley School DistrictCourt of Appeals for the Third Circuit · 2014
  3. R.F. ex rel. Frankel v. Delano Union School DistrictDistrict Court, E.D. California · 2016
  4. Mr. and Ms. Doe v. Portland Public SchoolsCourt of Appeals for the First Circuit · 2022
  5. D.G. ex rel. P.G. v. San Diego Unified School DistrictDistrict Court, S.D. California · 2015

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