July 8, 2009

     Federal Judge David Ezra ruled yesterday that Hawaii public schools must provide special education services to students with disabilities until they become 22 years of age, rather than 20 as in the past. John P. Dellera and Matthew C. Bassett of the Hawaii Disability Rights Center represented the Plaintiff, B.T., a 20 year-old man with autism. The Attorney General represented the Department of Education.

     Since 1975, the DOE has terminated special education services at age 20, thus effectively ending public education for students with disabilities at that age. Students who are not disabled, however, have been allowed to attend school after reaching 20 by obtaining the permission of the school principal. In a 24-page opinion, Judge Ezra found that the DOE seems to have approved “every single overage general education student and barred almost every single overage special education student.” What emerges, he wrote, “is a picture of blatant discrimination” in violation of two federal laws, the Individuals With Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.

     The Court went on to rule that “because Hawaii schools provide education through 21 years old for general education students, it must provide a FAPE for overage special education students” when the student’s IEP team so recommends. The IEP team includes school officials and parents of disabled students. Disagreements may be resolved in proceedings before a hearings officer and by appeals to court.

     It is not expected that all of Hawaii’s special education students will remain in school until they are 22, but Ezra’s decision will provide important benefits to hundreds with severe or moderate disabilities who have had to rely on adult programs in the past. Those programs are not as well funded, and they usually do not provide the same level of individualized service that is required by IDEA.

FURTHER INFORMATION CONTACT:

     John P. Dellera, Executive Director
     (808) 949-2922, ext. 210