Case Results
Nearly three decades of landmark victories for Hawaii's children with disabilities.
By the Numbers
$4.4M+
Largest Single Recovery
800+
IDEA Cases
100+
Federal Court Cases
15+
Ninth Circuit Appeals
3
Class Actions Filed
45+
Federal Courts Citing Doug C.
Ninth Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
NH and MH v. Lemahieu
A landmark case establishing the right to money damages under Section 504 of the Rehabilitation Act in the Ninth Circuit. After twelve years of litigation, this case resulted in the largest single recovery in a Hawaii special education case — over $4.4 million. The ruling affirmed that school districts can be held financially accountable when they discriminate against children with disabilities.
$4.4M+
Recovery
Doug C. v. Hawaii Department of Education
720 F.3d 1038 (9th Cir. 2013)
Established a bright-line rule for procedural compliance under IDEA. The Ninth Circuit held that a school district's failure to follow required procedures — not just substantive failures — can independently constitute a denial of a free appropriate public education (FAPE). This decision has been cited by more than 45 federal courts across the country, making it one of the most influential special education cases to originate from any state. It continues to shape how courts nationwide evaluate whether school districts have met their procedural obligations to children with disabilities.
REB v. Hawaii Department of Education
Established critical requirements for transition services under IDEA. The court ruled that school districts must provide meaningful transition planning and services to prepare students with disabilities for life after high school — including post-secondary education, employment, and independent living. This case set the standard for what constitutes adequate transition services in the Ninth Circuit.
HG v. EDU-HI
Awarded $441,622 in damages plus $99,041 in prejudgment interest for the school district's failure to implement an agreed-upon IEP. This case demonstrated that when a school commits to providing services in an IEP and then fails to deliver, the financial consequences can be substantial. The total recovery of over $540,000 reflected the real cost of the district's broken promises to a child with disabilities.
$540K+
Total Recovery
CB v. Hawaii Department of Education
Enforced the critical "stay put" provision of IDEA, which requires that a child's current educational placement cannot be changed while a dispute is pending. This case affirmed that the stay put provision is an automatic injunction — school districts cannot unilaterally move a child to a different placement during administrative or court proceedings, protecting families from retaliation and ensuring stability for children during what are often lengthy legal disputes.
LAS v. Hawaii Department of Education
Reversed a time-bar on reimbursement claims, establishing that parents who incur costs due to a school district's failure to provide FAPE are not automatically barred from seeking reimbursement simply because time has passed. This ruling protected families who may not immediately realize the extent of the district's failures or who need time to arrange alternative educational placements for their children.
Class Actions
Cases filed on behalf of groups of children with disabilities
Felix v. Cayetano
1994
One of the most significant special education cases in Hawaii's history. Keith Peck served as plaintiffs' attorney in this class action that resulted in a $284 million consent decree requiring the State of Hawaii to provide adequate services to children with disabilities. The case exposed systemic failures in how the state delivered special education and forced comprehensive reforms to the entire system. The Felix consent decree reshaped special education in Hawaii for a generation.
$284M
Consent Decree
Makin v. Chandler
Keith Peck served as original lead counsel in this Olmstead Act class action, which challenged the unnecessary institutionalization of individuals with disabilities. Under the Supreme Court's Olmstead v. L.C. decision, states are required to provide services in the most integrated setting appropriate to the needs of qualified individuals with disabilities. This case sought to enforce that mandate in Hawaii, fighting for the right of individuals with disabilities to live and receive services in their communities rather than in institutions.
WG v. Kishimoto
2020
The first COVID-19 special education class action filed in the nation. When the pandemic shuttered schools across Hawaii, children with disabilities were disproportionately harmed. Many lost access to critical services — speech therapy, occupational therapy, behavioral support, and specialized instruction — that they were legally entitled to receive. This class action challenged the Hawaii Department of Education's failure to provide compensatory services and ensure that children with disabilities were not left behind during the unprecedented disruption to public education.
Administrative Hearings
Due process hearings before the Hawaii Department of Education
AA v. School
A significant administrative settlement exceeding $500,000, resolving claims related to the school's failure to provide adequate special education services. This case demonstrated that even at the administrative hearing level, families can recover substantial compensation when school districts fail to meet their legal obligations.
$500K+
Settlement
MD v. School
Secured an $81,000 per month private placement for a child whose needs could not be met by the public school system. When a school district cannot provide FAPE in a public setting, the district may be required to fund an appropriate private placement — no matter the cost. This case affirmed that the child's right to an appropriate education takes precedence over budgetary concerns.
$81K
Per Month
Multiple Private Placement Cases
Across hundreds of administrative hearings and settlements, Keith Peck has secured private school placements, compensatory education, reimbursement for out-of-pocket expenses, independent educational evaluations, extended school year services, and comprehensive transition plans for students approaching adulthood. These cases represent the daily work of holding school districts accountable — one child at a time.
What This Means for Your Family
When you work with Keith Peck, you get an attorney who has been in front of every administrative hearing officer, every federal judge, and every appellate panel that handles special education cases in Hawaii. He knows the decision-makers, the procedures, and the strategies that produce results. That depth of experience is something no other attorney in the state can offer for parents.
Past success does not guarantee future results. Each case is unique and must be evaluated on its own merits.
