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  5. 234 F.Supp.2d 1156 (2002)
 

HOLMES EX REL. HITCHENS v. DEPARTMENT OF EDUC.

No. CIV. 02-00568SPKKSC.

234 F.Supp.2d 1156 (2002)

Bobby HOLMES, by Vera HITCHENS, his mother, Plaintiff, v. DEPARTMENT OF EDUCATION, State of Hawaii, Defendant.

United States District Court, D. Hawai'i.

December 6, 2002.

Attorney(s) appearing for the Case

Matthew C. Basset, Hawaii Disability Rights Center, Honolulu, HI, for Plaintiff.

Aaron H. Schulaner, Office of Atty. General, Honolulu, HI, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

SAMUEL P. KING, District Judge.

OVERVIEW

This motion presents an issue of first impression not yet specifically decided by the Ninth Circuit Court of Appeals. The question is whether to apply a 30-day or 2-year statute of limitations in an Individuals with Disabilities Education Act ("IDEA") case where the plaintiff is not seeking a substantive review of the administrative proceedings, but rather...

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