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E.R.K. EX REL. R.K. v. HAWAII DEPT. OF EDUC.

No. 12-16063.

728 F.3d 982 (2013)

E.R.K., by his legal guardian R.K.; R.T.D., through his parents R.D. and M.D.; Hawai'i Disability Rights Center, in a representative capacity on behalf of its clients and all others similarly situated, Plaintiffs-Appellants, v. State of HAWAII DEPARTMENT OF EDUCATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2013.

Attorney(s) appearing for the Case

Paul Alston , Alston Hunt Floyd & Ing, Honolulu, HI; Jason H. Kim (argued), Schneider Wallace Cottrell Brayton Konecky, LLP, San Francisco, CA; Matthew C. Bassett & Jennifer V. Patricio , Hawai'i Disability Rights Center, Honolulu, HI, for Plaintiffs-Appellants.

David M. Louie , Carter K. Siu (argued), and Holly T. Shikada , Department of the Attorney General, Honolulu, HI, for Defendant-Appellee.

Before: JEROME FARRIS, D.W. NELSON, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

D.W. NELSON, Senior Circuit Judge:

Are state-funded high school diploma programs for adults who never graduated from high school a form of "public education"? 20 U.S.C. § 1412(a)(1)(B)(I). We conclude that they are. Accordingly, we hold that a Hawaii statute establishing an age limit on public education violates federal law, and reverse in part the district court's entry of judgment in favor of the Defendant-Appellee.

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