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MARK H. v. LEMAHIEU

No. CV00-282-MLR.

372 F.Supp.2d 591 (2005)

MARK H. and Rie H., Individually and as Guardians Ad Litem for Michelle H. and Natalie H., minors, Plaintiffs, v. Paul LEMAHIEU, in his official capacity as Superintendent of the Hawaii Public Schools; Elsie Tanaka, in her official capacity as Principal of Kipapa Elementary School; Judith Saranchock, in her official capacity as Principal of Ala Wai Elementary School; Peter Chun, in his official capacity as Principal of Hokulani Elementary School; Haroldeen Wakida, in her official capacity as Principal of Ali'iolani Elementary School; and Department of Education, State of Hawaii, Defendants.

United States District Court, D. Hawai`i.

May 26, 2005.

Attorney(s) appearing for the Case

Michael K. Livingston, Stanley E. Levin, Davis Levin Livingston Grande, Keith H.S. Peck, Peck & Assoc., Honolulu, HI, for Plaintiffs.

John T. Komeiji, Randall Y. Yamamoto, Watanabe Ing Kawashima & Komeiji, George S.S. Home, Holly T.M. Shikada, Honolulu, HI, for Defendants.

OPINION

REAL, District Judge.

Plaintiffs Mark H. and Rie H. brought this action on behalf of themselves and their two minor children, Michelle H. and Natalie H., to recover money damages for alleged failures within the Individuals with Disabilities in Education Act (IDEA). The sole remaining question is whether Plaintiffs are entitled to money damages under Section 504 of the Rehabilitation Act of 1973 (Section 504) for the denial of a "free appropriate...

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