G. v. Department of Education of the State of Hawaii, The
A. G. and M. G. |
Department of Education of the State of Hawaii, The and Kathryn Matayoshi |
1:2014cv00234 |
May 16, 2014 |
US District Court for the District of Hawaii |
Hawaii Office |
Maui |
RICHARD L. PUGLISI |
DERRICK K. WATSON |
Americans with Disabilities - Other |
20 U.S.C. ยง 1401 |
None |
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Filing 32 ORDER AFFIRMING THE APRIL 17, 2014 DECISION OF THE ADMINISTRATIVE HEARINGS OFFICER. Signed by JUDGE DERRICK K. WATSON on 06/19/2015. Plaintiffs seek reimbursement for Students private tutoring expenses. This remedy, howe ver, is only permissible if the Court concludes that there was a denial of FAPE. "Parents 'are entitled to reimbursement only if a federal court concludes both that the public placement violated IDEA and the private school placement was pro per under the Act.'" Forest Grove Sch. Dist. v. T.A., 557 U.S. 230, 247 (2009) (quoting Florence Cty. Sch. Dist. Four v. Carter, 510 U.S. 7, 15 (1993)) (emphasis in original). Because the Court concludes that there was no deni al of FAPE, Plaintiffs are not entitled to reimbursement. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
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