Hawai’i Technology Academy v. L.E.Annotate this Case
The Hawai’i Civil Rights Commission (HCRC) did not have jurisdiction under Haw. Rev. Stat. 368-1.5 over this claim that a student was subject to disability discrimination and improper denial of reasonable accommodations and modifications to take an online grade-level placement exam required of homeschooled students applying for entrance to Hawai’i Technology Academy, a public charter school.
Here, the HCRC determined that it had jurisdiction over the student’s parent’s claim under section 368-1.5 regarding the denial of reasonable accommodations. The circuit court reversed. The Supreme Court affirmed, holding (1) the legislature intended section 368-1.5 to provide the HCRC with jurisdiction over disability discrimination claims only when section 504 of the federal Rehabilitation Act of 1973 does not apply; and (2) section 504 did apply to the HCRC complaint in this case.