R.T.D. V. DEPARTMENT OF EDUCATION, STATE, No. 12-16191 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 28 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT R.T.D., by and through his parents; R.D.; M.D., Plaintiffs - Appellants, No. 12-16191 D.C. No. 1:10-CV-00641-LEKRLP v. MEMORANDUM* STATE OF HAWAII DEPARTMENT OF EDUCATION, Defendant - Appellee. 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 § * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 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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