Hawaii Special Education FAQ — Your Questions Answered

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.

See our parent guide: What To Do Before Your Child's IEP Meeting →

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 attorney fees — ever. 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 for attorney fees. If we do get results, the DOE pays our fees.

No retainers. No hourly bills. Some incidental costs may arise (expert witnesses, document copying) but these are uncommon and we discuss them upfront. We have run our 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 hearing conducted via Zoom before an impartial hearing officer. Both sides present evidence and witnesses. The hearing officer 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.

See our parent guide: 10 Signs Your Child's IEP Is Wrong →

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 during the resolution session — an opportunity for both sides to reach agreement before proceeding to a full hearing.
• -- Full due process: IDEA says 45 days after the 30-day resolution period. In reality, scheduling, continuances, and closing briefs push the timeline to four months or more from filing. The hearing itself is via Zoom — you typically testify for one to three hours. Closing briefs add approximately six weeks after testimony.
• -- Stay-put protection: When stay-put applies, the DOE cannot implement changes to your child's placement or services while the case is pending. If you suspect changes are coming, file within 30 days to preserve this right.

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.

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.

Usually not. Under IDEA, your child is entitled to receive their full school day and all services in their IEP. Repeated early dismissals or informal removals — sometimes called "soft exclusions" — can constitute a change in placement or a denial of FAPE.

If this is happening to your child, document every instance with dates and times, and call us. We see this constantly and it is almost always a violation.

"Progress" under IDEA must be meaningful progress toward the child's IEP goals — not just any movement. Schools frequently claim progress while a child falls further behind their non-disabled peers.

After 27 years we know exactly how to challenge inadequate progress claims with data. Call us and bring the progress reports.

This is one of the most common things schools say — and it is not true. IDEA gives you the right to an attorney. Exercising that right is not adversarial — it is exactly what Congress intended when they wrote the law.

After 27 years, we know that families with experienced representation get better outcomes. The school district has lawyers on payroll. You are entitled to have one too.

Failure to implement an IEP is a violation of IDEA and one of the most common cases we handle. Document everything — what services are supposed to happen and what is actually happening.

Then call us. This is exactly the kind of violation that due process was designed to address, and the DOE pays our attorney fees when we prevail.

No. You are an equal member of your child's IEP team. The school cannot change your child's placement without your consent. If you disagree, you can reject the proposed change and file for due process — and the stay-put provision means your child remains in their current placement while the case is pending.

Call us before you sign anything.

Yes — and they frequently are. The DOE has a financial incentive to keep children off special education rolls. If you believe your child has a disability that affects their education, you have the right to request an independent educational evaluation at public expense if you disagree with the school's evaluation.

Call us — we have seen children wrongly denied eligibility hundreds of times and we know how to challenge it.

Yes. We represent families on all six Hawaii islands. Hawaii has one statewide school district — one DOE, one set of attorneys, one playbook. We know all of it.

Consultations happen by phone or video. We travel to neighbor islands for hearings and in-person meetings when needed. Distance is not a barrier to representation.

Call us and tell us what is happening. The consultation is free and completely confidential. After 27 years and 800+ cases, we can usually tell you within one conversation whether you have strong legal grounds — and we will be straight with you if you do not.

We do not take cases we think we will lose, and we do not waste your time.