« Union Member Required To Exhaust Administrative Remedies Before Suing His Union | Main | Lawsuit Abuse »
January 2, 2009
Parents Were Not Prevailing Parties Under IDEA Because District Voluntarily Complied
The attorney fees provision is an important part of the IDEA. Without it, many parents would not be able to challenge school district actions. Bingham v. New Berlin School Dist., ___F.3d___(7th Cir. Dec. 4, 2008), demostrates however, that it is not so easy for parents to be awarded such fees.
Here, the parents were not prevailing parties because the District voluntarily issued a check to the parents in the full amount requested and the parents accepted the check prior to the due process hearing.
What a system...
Mitchell H. Rubinstein
January 2, 2009 in Special Education Law | Permalink
TrackBack
TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341bfae553ef010536aa70c3970c
Listed below are links to weblogs that reference Parents Were Not Prevailing Parties Under IDEA Because District Voluntarily Complied:
