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Friday, April 16, 2010

"Furlough friday" did not result in change of placement

N. D. v. STATE, 09-17543 (9th Cir. 4-5-2010): In response to a fiscal crisis, Hawaii decided to shut down its public school system on seventeen Fridays. Plaintiffs complained that this was a change of placement. They filed a hearing request and invoked stay put. Hawaii ignored the request for stay put and the parents sued. The Court held that the furlough was not violative of the IDEA stating that:

When Congress enacted the IDEA, Congress did not intend for the
IDEA to apply to system wide administrative decisions. Hawaii's
furloughs affect all public schools and all students, disabled and
non-disabled alike. An across the board reduction of school days
such as the one here does not conflict with Congress's intent of
protecting disabled children from being singled out.