I. v. Department of Education

Filing 114

ORDER REMANDING ISSUE OF HOUSING REIMBURSEMENT AMOUNT TO HEARINGS OFFICER - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/22/2014. "This court accordingly remands the reimbursement issue to the hearing officer. The Clerk of Court is directed to stay this action while the reimbursement issue is pending before the hearing officer and to administratively close this case. If an appeal is filed from the hearing officer's decision on the reimbursement issue, that appe al shall be filed under the civil number in the present case." Associated Cases: 1:12-cv-00342-SOM-BMK, 1:10-cv-00381-SOM-BMK(emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic noti fications 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

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
MARCUS I., by and through his )
parent and next best friend, )
KAREN I.,
)
)
Plaintiffs,
)
)
vs.
)
)
)
DEPARTMENT OF EDUCATION,
State of Hawaii,
)
)
)
Defendant.
_____________________________ )

CIV. NO. 10-00381 SOM-BMK
CIV. No. 12-00342 SOM-BMK
ORDER REMANDING ISSUE OF
HOUSING REIMBURSEMENT AMOUNT
TO HEARING OFFICER

ORDER REMANDING ISSUE OF HOUSING
REIMBURSEMENT AMOUNT TO HEARING OFFICER
On July 23, 2014, the Ninth Circuit issued a decision
that included the following statement:
Accordingly, we reverse the district
court's denial of Marcus's claim for
reimbursement of his housing expenses as a
necessary related service while he was at
Loveland Academy pursuant to the IDEA's
stay-put provision from November 2007 through
the pendency of these proceedings. We remand
to the district court with instructions to
remand to the hearing officer to determine
the proper amount of reimbursement. We
otherwise affirm the district court's order.
This court accordingly remands the reimbursement issue
to the hearing officer.

The Clerk of Court is directed to stay

this action while the reimbursement issue is pending before the
hearing officer and to administratively close this case.

If an

appeal is filed from the hearing officer's decision on the
reimbursement issue, that appeal shall be filed under the civil
number in the present case.

IT IS SO ORDERED.
DATED: Honolulu, Hawaii, August 22, 2014.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Marcus I. v. Department of Education, Civ. No. 12-00342 SOM-BMK,
Civil No. 10-00381 SOM-BMK, ORDER REMANDING ISSUE OF HOUSING
REIMBURSEMENT AMOUNT TO HEARING OFFICER

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