Frequently Asked Questions

The Individuals with Disabilities Education Act (IDEA) is the federal law that says your child has the right to a free appropriate public education (FAPE). Not a suggestion — a legal requirement. The school must identify children with disabilities, evaluate them, and create an Individualized Education Program (IEP) designed for that child's specific needs.

IDEA covers 13 disability categories, including autism, specific learning disabilities, speech or language impairments, emotional disturbance, and intellectual disability. If your child qualifies, the school must provide special education and related services at no cost to you.

Here is the part the DOE does not advertise: IDEA also gives parents the right to challenge the school district through a due process hearing when the district fails to do what the law requires — and the right to recover attorney fees when they win. That is the provision we have built our entire practice around for 27 years.

An Individualized Education Program (IEP) is a legally binding document that describes the special education services, supports, and goals for your child. Every child who qualifies for special education under IDEA must have one. The key word is "individualized" — it must be designed for your child, not copied from a template.

The IEP is developed by a team that includes you, at least one regular education teacher, a special education teacher, a district representative, and someone who can interpret evaluation results. You are an equal member of that team — not a spectator. The school cannot make decisions without you.

An IEP includes: present levels of performance, measurable annual goals, specific services (speech therapy, OT, counseling, etc.), testing accommodations, and placement. It must be reviewed at least once a year. After 800+ cases, we know what a compliant IEP looks like — and we know exactly what schools leave out or water down.

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination against individuals with disabilities in programs that receive federal funding — including every public school in Hawaii.

Section 504 has a broader definition of disability than IDEA. A student qualifies if they have a physical or mental impairment that substantially limits one or more major life activities (including learning). Children who do not qualify for IDEA may still be entitled to accommodations and protections under 504. Schools know this — many still try to deny it.

A 504 plan typically provides accommodations — extended test time, preferential seating, modified assignments. It does not usually include the specialized instruction that comes with an IEP. If your child needs more than accommodations, IDEA provides stronger protections. We handle both, and we know when to push for IDEA eligibility when a school tries to limit your child to a 504.

No. Zero. Not a cent. Under IDEA, when parents prevail in a due process case, the school district pays the parents' attorney fees. Congress wrote this into the law because they knew parents cannot fight a school district without a lawyer, and most families cannot afford one. We take cases on contingency — if we do not get results, you owe us nothing. If we do get results, the DOE pays our fees.

No retainers. No hourly bills. No "administrative fees." We have run our entire firm on this model for 27 years across 800+ cases. Here is exactly how it works.

Due process is the most powerful tool a parent has against a school district that will not comply with the law. It is a formal legal proceeding — similar to a trial — where both sides present evidence and witnesses before an impartial hearing officer who issues a legally binding decision.

You can file when the school fails to follow the IEP, denies eligibility, cuts services, or otherwise violates your child's rights under IDEA. When you win, the hearing officer can order the district to provide compensatory education, change the IEP, reimburse you for private services, fund a private placement, and pay your attorney fees. We have filed hundreds of these and know what wins.

Read our detailed guide to due process.

It depends on the case and whether the DOE decides to fight or settle. Here is what we typically see:

• -- Settled before hearing: Some cases resolve in weeks. When the DOE sees our name on the filing and reads a complaint that documents every violation, they often decide it is cheaper to settle than to lose at hearing.
• -- Full due process: IDEA mandates a hearing decision within 45 days after the 30-day resolution period — roughly 75 days from filing. In practice, scheduling and continuances can extend this.
• -- Stay-put protection: No matter how long the case takes, your child's current placement and services are locked in. The DOE cannot change anything while the case is pending.

The DOE's favorite tactic is delay. We know every version of it, and we do not let them get away with it. Many cases settle once the district realizes we are not going away.

Yes — and you should. Under IDEA, you have the right to bring anyone with knowledge or special expertise about your child. That includes an attorney, an advocate, a private therapist, or an independent evaluator. The school cannot refuse to let them in.

Having an attorney at the IEP table changes everything. We have seen it hundreds of times: the school staff who were brushing you off suddenly follow every procedure. The administrator who "could not attend" last time shows up. The tone of the entire meeting shifts. The DOE knows what it means when we are in the room.

Call us and tell us when the meeting is. We will be there.

Retaliation is illegal — and it makes your case stronger. Federal law prohibits school districts from retaliating against parents who exercise their rights under IDEA or Section 504. That includes punishing, intimidating, or treating a child or family differently because the parents filed a complaint, requested an evaluation, or hired an attorney.

We know many parents worry about this. Here is the reality: most school staff are professionals who do right by students. When retaliation does happen, it creates additional legal liability for the district. It does not weaken your position — it strengthens it. We have dealt with retaliation claims directly and the DOE knows we will add it to the case.

If you experience any form of retaliation, document everything — emails, dates, who said what — and contact us immediately. We handle it.

Every single one. We represent families across the entire state:

• Oahu
• Maui
• Big Island (Hawaii)
• Kauai
• Lanai
• Molokai

Hawaii has one statewide school district — one DOE, one set of attorneys, one playbook. We know all of it. Whether you are in Honolulu or Hilo, Lahaina or Lihue, it is the same DOE and we fight them the same way. Consultations and many meetings happen remotely. We travel to neighbor islands for hearings and in-person meetings.

Compensatory education is what the DOE owes your child when they failed to provide what the IEP required. It is designed to make up for the educational benefit the child lost because the district did not do its job.

Example: your child's IEP called for two hours per week of speech therapy. The school only provided one hour per week for the entire year. A hearing officer can order the district to provide every missing hour as compensatory education — on top of what the child is currently receiving.

Compensatory education can include additional therapy sessions, tutoring, extended school year services, or placement in a private program at the district's expense. We have secured compensatory awards ranging from additional service hours to private placements costing $81,000 per month.

This is one of the most powerful remedies under IDEA, and it is one of the things we go after in nearly every case. The DOE hates paying for services they should have provided in the first place — which is exactly why it works as leverage.