R.t.d., by and through his parents; R.D.; M.D. v. State of Hawaii Department of Education

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
R.T.D., by and through his parents; R.D.;
M.D.,
Plaintiffs - Appellants,
v.
STATE OF HAWAII DEPARTMENT OF
EDUCATION,
Defendant - Appellee.
No. 12-16191
D.C. No. 1:10-CV-00641-LEK-
RLP
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
Leslie E. Kobayashi, District Judge, Presiding
Argued and Submitted June 12, 2013
Honolulu, Hawaii
Before: FARRIS, D.W. NELSON, and NGUYEN, Circuit Judges.
This appeal presents the same issues decided today by our opinion in E.R.K.
v. State of Hawaii Department of Education, No. 12-16063 (9th Cir. Aug. 28,
2013) (slip op.), to wit: (1) Whether the district court erred in granting judgment to
the Department of Education on R.T.D.’s claim that Hawaii Revised Statutes §
FILED
AUG 28 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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302A-1134(c) violates the Individuals with Disabilities Education Act, and (2)
Whether the district court erred in granting judgment to the Department of
Education on R.T.D.’s claims under the Americans with Disabilities Act and
Rehabilitation Act.
For the reasons stated in E.R.K., the judgment is
REVERSED as to issue 1, and AFFIRMED as to issue 2. Costs on appeal
shall be awarded to Plaintiffs-Appellants.
2

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