In 2013 the 9th Circuit Court of Appeals ruled in favor of the plaintiffs in the E.R.K v. State of Hawaii lawsuit—a group or class of students with disabilities who were being forced to leave high school after turning 20, even though they had not attained a high school diploma). The Court ruling requires the Department of Education to provide special education services for eligible students up to age 22—the age limit specified in the Individuals with Disabilities Education Act.
U.S. District Court Judge Mollway has also recently ruled that former students who were between the ages of 20 and 22 between 2010 and 2014 and left without a high school diploma may be entitled to compensatory education—free services from the Department of Education, such as job training, independent living skills training, college classes and other transitional services. These services will be provided in the community and not in a high school setting. They are meant to complement and not replace adult services that class members may already be receiving.
The Hawaii Disability Rights Center (HDRC) and the law offices of Alston Hunt Floyd & Ing are reaching out to students with disabilities between age 22 and 26 years old who attended high school in Hawaii and left without receiving a diploma. Yellow letters were mailed out the end of September to former students. If you think your son or daughter was missed, or if you have questions about compensatory services, contact the Hawaii Disability Rights Center:
| Email: | info@hawaiidisabilityrights.org |
| Phone: | (808) 949-2922, (808) 441-6268(800) 882-1057 (Voice/TTY) |
