Sunday, August 19, 2012
School district ordered to reimburse parents for total attorneys’ fees awarded, despite only partial success on IDEA claim
E.S. & M.S. ex rel. B.S. v. Katonah-Lewisboro Sch. Dist., ___F.3d___(2d Cir. July 6, 2012), is an interesting case. The Second Circuit affirmed a New York federal district court’s decision not to reduce the amount of attorneys’ fees awarded to the parents to correspond to the partial tuition reimbursement awarded for an inadequate individualized education plan (IEP) designed by the Katonah-Lewisboro School District.The Second Circuit also determined that the district court did not abuse its discretion when it reduced the hourly billing rates used in the calculation of that award to be commensurate with rates used in similar IDEA cases.
Mitchell H. Rubinstein