SWCK wins historic victory for disabled students at 9th Circuit
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E.R.K. v. State of HawaiiDepartment of Education
In this class action lawsuit,brought on behalf of all special education students in the State of Hawaii between the ages of 20-22, Schneider Wallace Cottrell Konecky LLP vindicated the rights of disabled individuals to equal access to public education. The Ninth Circuit ruled that the State of Hawaii was violating the federal Individuals With Disabilities Education Act by terminating the eligibility of special education students for public education at age 20 while providing public education to non-disabled students with no upper age limit through its Community Schools for Adults. As a result of this ruling, hundreds of special education students in Hawaii will receive up to two more years of special education than they had previously. Not only does this ruling provide a substantial direct benefit to this class, it establishes an important precedent under the IDEA emphasizing the importance of equal access to education for disabled students. This case was brought in conjunction with the Hawaii Disability Rights Center and the Hawaii firm Alston Hunt Floyd & Ing.