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Good news in the special education legal arena

A federal appeals court recently ruled that a lawsuit alleging that Hawaii schools “deliberately neglected the needs of two girls with autism during their formative years” could go forward.  The parents are seeking damages under the federal Rehabilitation Act due to “lost opportunity”—that the Hawaii Department of Education failed to provide appropriate special education when the girls were younger.  Sadly, the lack of special education was in the 1990s, and the girls are now in their teens.  That’s a long time without appropriate special education services…it’s going to be hard to compensate for that.  I don’t think money will assuage that loss, but maybe this lawsuit will improve education for others in Hawaii.


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  1. bensmyson says:

    \”deliberate indifference\”

    I\’m going to have to remember that term. Seems to fit. Thanks

  2. asncparentadvocate says:

    I suppose deliberate indifference is not the worst that can happen. I have to say, however, that my child has received a very good education, has been well-treated, and is flourishing. Is it perfect? Not by a long shot, but it\’s been very positive overall (with a few exceptions).

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