R. B. v. Hawaii Department of Education, No. 14-15895 (9th Cir. 2017)Annotate this Case
The Ninth Circuit affirmed in part and reversed in part the district court's judgment in favor of DOE in a suit filed under the Individuals with Disabilities Education Act (IDEA). Plaintiff, the parent of J.B., filed suit individually and on behalf of J.B., challenging J.B.'s individualized education plan (IEP). The panel held that the case was not moot; DOE violated the IDEA by failing to address transition services in the proposed IEP; DOE violated the IDEA by failing to specify in the IEP the Least Restrictive Environment during the regular and extended school year, and the IEP did not detail the anticipated frequency, location, and duration of the proposed specialized instruction in J.B.'s Science and Social Studies activities; nothing in 20 U.S.C. 1414(d) indicates that an IEP must specify the qualifications or training of service providers nor was it established in the record that DOE agreed to provide such an aide at the IEP meeting; and DOE violated the IDEA by failing to specify Applied Behavioral Analysis as a methodology in the IEP.