Kellotat v. Cupp

The Department of Education of the State of Hawaii (DOE), appeals from a district court judgment, 531 F. Supp. 517 holding it responsible for Katherine D.s tuition at a private school. For the school years 1980-81 and 1981-82, Katherine had sought the "free appropriate public education" to which she was entitled under the Education for All Handicapped Children Act of 1975 (EAHCA or Act), 20 U.S.C. § 1401 et seq. (1976). The district court found that the DOEs offers of education for both years were inadequate under the Act and that, consequently, Katherines parents were entitled to tuition reimbursement for the private school Katherine attended during that time. We affirm the district courts judgment as to the 1980-81 school year but reverse the 1981-82 component. We also reverse the district courts award of attorneys fees.